Changes in Legislation Regarding EU Macro-Financial Assistance
Ukraine will receive up to 35 billion euros of macro-financial assistance from the EU. For this purpose, the Minister of Finance and the Head of the NBU are authorized to sign a Memorandum of Understanding and a Credit Agreement with the EU. Changes have also been made to the Budget Code regarding transactions with contingent liabilities for obtaining financing from international partners.
Reformation of State Bodies
The Ministry of Culture and Information Policy has been renamed the Ministry of Culture and Strategic Communications. The Ministry for Reintegration of Temporarily Occupied Territories has been renamed the Ministry of National Unity. The position of Government Commissioner for Customs Authorities Reform has been created.
Changes Regarding Reservation of Conscripts
A minimum wage of 2.5 minimum wages has been established for reserved employees. Prosthetists-orthotists have been added to the list of positions for reservation. A 6-month prohibition on re-obtaining the status of a critically important enterprise in case of violations has been introduced.
Support for Internally Displaced Persons
An Information and Analytical System of Real Estate Objects for IDPs is being created. The use of unused educational institution buildings for IDP housing during martial law and 3 years after its termination is allowed. Preferential conditions for renting state property for IDP placement have been established.
New Aviation Rules
Review of each of legal acts published today:
On the Accounting Price of Banking Metals
This is a daily notification by the National Bank of Ukraine establishing accounting prices for banking metals (gold, silver, platinum, and palladium) as of 05.12.2024. The notification structure includes a table with metal codes (numeric and literal), measurement unit (troy ounce), and accounting price for each metal in hryvnias. It is important to note that these prices are reference and do not create obligations for the NBU to buy or sell metals at the specified prices.
Key accounting prices for the date:
– Gold (XAU): 109,898.55 UAH per ounce
– Silver (XAG): 1,274.16 UAH per ounce
– Platinum (XPT): 38,970.13 UAH per ounce
– Palladium (XPD): 40,012.95 UAH per ounce
On the Official Exchange Rate of Hryvnia to Foreign Currencies
This is a daily notification by the National Bank of Ukraine establishing the official exchange rate of hryvnia to 35 foreign currencies as of 05.12.2024. The document contains a table with currency rates, where each currency’s numeric and literal code, number of units, full name, and official rate relative to hryvnia are indicated. Among the main currencies: US dollar – 41.6628 UAH, euro – 43.7043 UAH, pound sterling – 52.7618 UAH.
It is important to note that these rates are used for accounting purposes, for NBU operations with the State Treasury Service of Ukraine, and in other cases specified by law. The NBU does not undertake obligations to buy and sell these currencies at these rates.
Information on Termination of International Agreements
This is a notification by the Ministry of Justice of Ukraine on the termination of an international agreement – the Cooperation Agreement between the Ministry of Justice of Ukraine and the Ministry of Justice of the Republic of Bulgaria dated May 21, 2004.
Structurally, the document is a table with information about the terminated agreement, including its registration code in the Unified State Register of Regulatory Legal Acts (29414/2004) and data on official publication.
The key provision is that the said Agreement terminated its validity on October 23, 2024, which was communicated by the Ministry of Foreign Affairs of Ukraine in a letter dated November 25, 2024, No. 72/14-612-159539.
On Amendments to Certain Acts of the Cabinet of Ministers of Ukraine Regarding the Activities of the Ministry of Culture and Strategic Communications
The resolution introduces technical changes to numerous regulatory legal acts in connection with renaming the Ministry of Culture and Information Policy (MCIP) to the Ministry of Culture and Strategic Communications (MCSC). The document changes the ministry’s name in 33 different resolutions and orders of the Cabinet of Ministers, covering various areas of the ministry’s activities – from cultural heritage protection to museum affairs. The main changes involve replacing abbreviations and full names: ‘MCIP’, ‘Ministry of Culture’, ‘MCT’ are replaced with ‘MCSC’ or ‘Ministry of Culture and Strategic Communications’. Names of ministry leaders and structural unit heads are also updated in various documents.
On Renaming the Ministry for Reintegration of Temporarily Occupied Territories of Ukraine
The CMU resolution provides for renaming the Ministry for Reintegration of Temporarily Occupied Territories of UkraineTranslation of the first text:
The resolution transfers the powers to the Ministry of National Unity of Ukraine. Structurally, the resolution consists of two points: the first establishes the new name of the ministry, the second instructs the ministry to submit proposals for making corresponding changes to other legislative acts within two weeks. The key provision is changing the ministry’s name, which reflects the transformation of its functional orientation from a narrow-profile task of reintegrating occupied territories to a broader mission of ensuring Ukraine’s national unity.
Translation of the second text:
Resolution on Approving the Regulation on the Government Commissioner for Customs Authorities Reformation
The resolution approves the Regulation on the Government Commissioner for Customs Authorities Reformation – an official who will be responsible for organizing the process of reforming customs authorities. The Commissioner is appointed by the Cabinet of Ministers upon the Prime Minister’s submission and works on a voluntary basis.
The Regulation consists of 8 points that define the legal status, appointment procedure, competence, and rights of the Government Commissioner. The document is new and has no previous versions.
Key powers of the Commissioner include: preparing proposals for reforming customs authorities within the National Revenue Strategy until 2030, cooperation with civil institutions, participation in developing regulatory legal acts, interaction with international organizations, and participation in Ukraine’s EU accession process regarding customs matters. The Commissioner has the right to obtain information from authorities, participate in meetings, convene conferences, and engage specialists.
Translation of the third text:
Resolution on Amending Item 1 of the Cabinet of Ministers of Ukraine Resolution dated April 9, 2024 No. 308
The resolution makes a technical amendment to the previous act of the Cabinet of Ministers regarding allocation of funds from the state budget reserve fund. The amount is changed from 176,550.081 thousand hryvnias to 55,360.226 thousand hryvnias.
The document structure is simple – it contains only one provision about replacing numbers in item 1 of the CMU resolution from April 9, 2024 No. 308.
This is a purely technical document that adjusts the previously approved financing volume from the state budget reserve fund, reducing it by more than three times.
Translation of the fourth text:
Resolution on Approving the Draft Letter from the Government of Ukraine to the Organization for Economic Cooperation and Development Regarding a Request to Join the Environmental Policy Committee of the Organization for Economic Cooperation and Development
The CMU resolution approves a draft letter to the OECD regarding Ukraine’s accession to the organization’s Environmental Policy Committee.
The document structure is maximally simple – consisting of one point approving the draft request letter for joining the OECD’s profile committee.
This is a technical document that is part of the procedure for expanding Ukraine’s cooperation with the OECD in environmental protection. Joining the Committee will allow Ukraine to participate in shaping environmental policy at the international level and receive expert support from OECD member countries.
Translation of the fifth text:
Resolution on Approving the Candidacy of Teliupa A.V. for the Position of Supervisory Board Member of the Private Joint-Stock Company “Export Credit Agency”
The resolution concerns a personnel appointment to the Supervisory Board of the Private Joint-Stock Company “Export Credit Agency”.
The document consists of one point…Resolution on Approving the Appointment of Andrii Volodymyrovych Teliupa as a Member of the Supervisory Board of the Private Joint-Stock Company “Export Credit Agency” as a State Representative.
This is a standard resolution on approving the candidacy of a state representative to the supervisory board of a joint-stock company, adopted in accordance with the powers of the Cabinet of Ministers of Ukraine as a state property management entity.
Law on Amendments to the Budget Code of Ukraine Regarding Transactions with Contingent Liabilities
The law introduces amendments to the Budget Code of Ukraine concerning transactions with contingent liabilities related to obtaining financing from the EU, foreign states, and international financial organizations, including from frozen Russian assets.
Structurally, the law amends Article 2 of the Budget Code, clarifying the concepts of ‘debt obligation’ and ‘public debt’, and supplements the Final Provisions with a new paragraph 35-1, which regulates the procedure for transactions with contingent liabilities.
Key provisions of the law:
– Granting the Debt Agency of Ukraine the right to conduct transactions with contingent liabilities on behalf of the Minister of Finance
– Establishing a procedure for the Cabinet of Ministers to determine the main conditions of such transactions
– Possibility of providing limited rights for creditors to demand loan repayment from the state budget
– Obligation of the Debt Agency to maintain a Register of Transactions with Contingent Liabilities and publish relevant information monthly
– Right of the Head of the Debt Agency to undertake obligations on behalf of Ukraine, including waiving sovereign immunity in potential disputes
Resolution on Authorizing S. Marchenko and A. Pyshnyi to Sign the Memorandum of Understanding and Credit Agreement with the European Union (Regarding Exceptional Macro-Financial Assistance of up to 35 Billion Euros)
The resolution concerns authorizing officials to sign important international financial documents regarding Ukraine receiving macro-financial assistance from the EU of up to 35 billion euros.
The document grants powers to the Minister of Finance of Ukraine, Serhii Marchenko, and the Head of the NBU, Andrii Pyshnyi, to sign two documents: a Memorandum of Understanding between Ukraine and the EU, and a Credit Agreement where the NBU acts as the borrower’s agent.
Key provisions of the resolution:
– Identifies specific officials authorized to sign the documents
– Establishes the maximum amount of macro-financial assistance at 35 billion euros
– Defines the parties to the agreements: Ukraine as borrower, EU as creditor, NBU as borrower’s agent, European Commission as creditor’s representative
Resolution on Authorizing S. Marchenko to Sign the Agreement between Ukraine and the European Union on Implementing the Credit Cooperation Mechanism for Ukraine
The President of Ukraine authorizes the Minister of Finance of Ukraine, Serhii Marchenko, to sign the Agreement between Ukraine and the EU on implementing the Credit Cooperation Mechanism for Ukraine.
This is a technical document that is a necessary step for further signing of an international agreement on credit cooperation.Support for Ukraine from the European Union. The order defines a specific official who will represent Ukraine when signing this agreement. The document consists of one main part containing direct authorization to sign the agreement. The order does not contain additional conditions or reservations regarding the signing of the agreement.
Regarding Zamlynskyi R.T. being awarded the third rank of a civil servant
The order concerns awarding the civil servant rank to a specific official – First Deputy Head of State Special Communications Zamlynskyi R.T. The document is an individual act adopted based on Article 39 of the Law of Ukraine “On Civil Service”, which regulates the procedure for awarding ranks to civil servants. The third civil servant rank corresponds to the position category of the first deputy head of a central executive body in accordance with civil service legislation.
Regarding the appointment of Ishchenko H.H. as Head of the State Agency of Ukraine for Exclusion Zone Management
The order appoints Hryhorii Hryhorovych Ishchenko as Head of the State Agency of Ukraine for Exclusion Zone Management. The document establishes the appointment term as no more than 12 months from the date of termination or cancellation of martial law. The start of powers is determined from the date of actual commencement of official duties. Key provisions of the order relate to: the time-limited nature of the appointment (limited to 12 months after the end of martial law), linking the start of powers to the actual assumption of office, and establishing remuneration in accordance with current legislation.
Regarding the appointment of Kovalchuk K.O. as Deputy Minister of Communities and Territories Development of Ukraine
This is a personnel order of the Cabinet of Ministers of Ukraine appointing an official – Kostiantyn Oleksiyovych Kovalchuk as Deputy Minister of Communities and Territories Development of Ukraine. The order consists of one point effecting the appointment. The document is signed by Prime Minister of Ukraine Denys Shmyhal. This is a typical personnel order issued in accordance with the powers of the Cabinet of Ministers of Ukraine to appoint deputy ministers. Such appointments are made upon the recommendation of the respective minister.
Regarding the appointment of Shkrum A.I. as First Deputy Minister of Communities and Territories Development of Ukraine
This is a personnel order of the Cabinet of Ministers of Ukraine appointing an official. The document consists of one point appointing Alona Ivanivna Shkrum as First Deputy Minister of Communities and Territories Development of Ukraine. The order is signed by Prime Minister of Ukraine Denys Shmyhal and has index 19, indicating its belonging to personnel matters in the document management system of the Cabinet of Ministers of Ukraine.
Regarding the application and cancellation of personal special economic and other restrictive measures (sanctions)
The NSDC decision introduces new personal sanctions against individuals and legal entities based on a proposal from the Security Service of Ukraine, and also cancels some previously imposed sanctions. Structurally, the decision consists of 5 points and 2 annexes containing lists of individuals and legal entities to which sanctions are applied.Sanctions. The document also cancels sanctions for two positions (97 and 109) from the previous NSDC decision of October 19, 2022. Key provisions of the decision include: instructions to the Cabinet of Ministers, SBU, and NBU to ensure implementation and monitoring of sanctions effectiveness; tasking the Ministry of Foreign Affairs to inform the EU, USA, and other states about the application of sanctions and initiate the introduction of similar restrictive measures on their part.
On the Decision of the National Security and Defense Council of Ukraine dated December 2, 2024 “On the Application and Cancellation of Personal Special Economic and Other Restrictive Measures (Sanctions)”
The decree puts into effect the NSDC decision of December 2, 2024, regarding the application and cancellation of personal sanctions against specific individuals and legal entities. Structurally, the decree consists of three points: implementation of the NSDC decision, determination of control (assigned to the NSDC Secretary), and entry into force upon publication.
The key aspect is that this decree serves as a legal basis for applying restrictive measures in accordance with the Law of Ukraine “On Sanctions”. Such sanctions may include asset blocking, trade operation restrictions, prevention of capital withdrawal from Ukraine, and other economic restrictions against specific persons identified in the appendix to the NSDC decision.
On Amendments to the Resolutions of the Cabinet of Ministers of Ukraine dated January 27, 2023, No. 76 and November 22, 2024, No. 1332
The resolution amends the procedure for reserving conscripts during mobilization and wartime, as well as the criteria for determining critically important enterprises. The main changes concern the conditions of remuneration for reserved employees and the expansion of the list of positions subject to reservation.
Structurally, the document amends two CMU resolutions – No. 76 from 27.01.2023 and No. 1332 from 22.11.2024. Changes relate to: 1) supplementing the list of positions subject to reservation; 2) establishing requirements for reserved employees’ wages; 3) clarifying the procedure for checking critically important enterprises.
Key innovations:
– Prosthetists-orthotists and other specialists in the prosthetic field have been added to the list of positions for reservation;
– Minimum wage for reserved employees set at 2.5 minimum wages (except for state-owned enterprises and Diia City residents);
– A 6-month prohibition on re-obtaining the status of a critically important enterprise if its status is canceled due to wage payment violations;
– The validity of current decisions on critically important enterprises is set until 02.28.2025.
Resolution of the Grand Chamber of the Constitutional Court of Ukraine on Combining Constitutional Proceedings in the Case of Constitutional Complaints by Tymoshenko Volodymyr Ivanovych, Petrychuk Oleksandr Anatoliyovych Regarding the Conformity of the First Point of the Fifth Part of Article 361 of the Code of Administrative Judicial Procedure of Ukraine with the Constitution of Ukraine, and in the Case of the Constitutional Complaint by Vasylieva Iryna Mykhailivna Regarding the Conformity of a Specific Provision of the First Point of the Fifth Part of Article 361 of the Code of Administrative Judicial Procedure of Ukraine with the Constitution of Ukraine
The resolution concerns the procedural matter of combining three constitutional complaints into one proceeding, as they all challenge the constitutionality of the same provision – the first point of the fifth part of Article 361 of the Code of Administrative Judicial Procedure.
