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Review of Ukrainian legislation for 07/12/2024

Laws and International Agreements:

• The Agreement between Ukraine and the EU on the Implementation of the Credit Cooperation Mechanism for Ukraine, signed on December 2-3, 2024, in Brussels and Kyiv, has been ratified.

Verkhovna Rada Resolutions:

• Draft Law No. 12076 on amendments to the law on military service regarding the specifics of registration and medical examination of conscripts during basic training has been adopted in the first reading.

• Draft Law No. 10257 on amendments to the Customs Code concerning administrative liability for customs violations has been adopted in the first reading.

Cabinet of Ministers Resolutions:

• A two-year experimental project for modernizing medical education has been launched at Lviv Medical University, which includes the creation of a university hospital and new standards for educational workload.

• The Strategy for Ensuring Children’s Right to Family Upbringing for 2024-2028 has been approved, aimed at reforming the child care system and developing family-based upbringing.

• The previous National Strategy for Reforming the Institutional Child Care System for 2017-2026 has been repealed.

Ministerial Orders:

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 06.12.2024. The notification structure includes a table with metal codes (numeric and literal), measurement unit (troy ounce), and accounting price in hryvnias for each metal. 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 per troy ounce:
– Gold (XAU) – 110,324.47 UAH
– Silver (XAG) – 1,303.52 UAH
– Platinum (XPT) – 39,250.57 UAH
– Palladium (XPD) – 40,700.66 UAH

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 06.12.2024. The document contains a table with currency rates, where for each currency its numeric and literal code, number of units, full name, and official rate relative to hryvnia are indicated. Among the main currencies: US dollar – 41.5975 UAH, euro – 43.8146 UAH, pound sterling – 52.9328 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 the specified currencies at these rates.

On Registration of People’s Deputy of Ukraine Lukashuk B.O., Elected in the Extraordinary Elections of People’s Deputies of Ukraine on July 21, 2019, in the Nationwide Multi-Mandate Electoral District

The CEC resolution concerns the registration of Bohdan Lukashuk as a People’s Deputy of Ukraine, elected in the extraordinary elections on July 21, 2019, on the party list of ‘Batkivshchyna’. Structurally, the resolution consists of 4 points that determine: 1) deputy registration; 2) issuance of a temporary certificate; 3) informing the Verkhovna Rada; 4) procedure for publishing the resolution.

Key provisions of the resolution: the deputy was elected in the nationwide multi-mandate district at number 27 on the party list, is a member of the ‘Batkivshchyna’ party, born in 1982, residing in Khmelnytskyi. The decision was made based on the Constitution of Ukraine, the Electoral Code, and laws on the election of people’s deputies and the CEC.

On Recognizing Lukashuk B.O. as a Elected People’s Deputy of Ukraine in the Extraordinary Elections of People’s Deputies of Ukraine on July 21, 2019, in the Nationwide Multi-Mandate Electoral District

The CEC resolution concerns recognizing Bohdan Lukashuk as a People’s Deputy of Ukraine instead of Alona Shkrum, who prematurely terminated powers by personal statement. Lukashuk was the next in line candidate (No. 27) on the party list of VO ‘Batkivshchyna’ in the extraordinary elections of 2019. Structurally, the resolution consists of a preamble describing the grounds for the decision, a motivational part referencing legislative norms, and a resolution part with three points: recognizing the person as an elected deputy, procedure for publication in official publications and on the CEC website. The key provisions of the resolution are based on Article 105.Law on the Election of People’s Deputies of Ukraine, which provides that in the event of early termination of a deputy’s powers, the Central Election Commission (CEC) must recognize the next candidate in the party list as elected within 6 days. It is important that although this law has lost its validity, its provisions on deputy replacement continue to apply until the next elections.

Resolution of the Central Election Commission on the Registration of People’s Deputy of Ukraine Tasheva T.R., Elected in the Extraordinary Elections of People’s Deputies of Ukraine on July 21, 2019, in the Nationwide Multi-Mandate Electoral District

The CEC resolution concerns the registration of Tamila Tasheva as a People’s Deputy of Ukraine from the ‘HOLOS’ party (No. 26 on the list), elected in the extraordinary elections on July 21, 2019, in the nationwide multi-mandate district. Structurally, the resolution consists of 4 points that define: 1) deputy registration; 2) issuance of a temporary certificate; 3) informing the Verkhovna Rada; 4) procedure for publishing the resolution. The key provisions are: confirmation of Tamila Tasheva’s registration as a People’s Deputy, born in 1985, residing in Kyiv; obligation to issue her a temporary certificate and notify the Verkhovna Rada of Ukraine about the registration.

Law on Ratification of the Agreement between Ukraine and the European Union on the Implementation of the Credit Cooperation Mechanism for Ukraine

This law ratifies the Agreement between Ukraine and the EU on the Implementation of the Credit Cooperation Mechanism for Ukraine, which was signed on December 2-3, 2024, in Brussels and Kyiv. The structure of the law is simple – it consists of one provision on ratification of the agreement. The agreement will enter into force after the European Commission receives an official notification from Ukraine about the completion of all internal procedures. The key point is that this law creates a legal basis for Ukraine to receive credit support from the European Union through a special cooperation mechanism. This is an important instrument of financial cooperation between Ukraine and the EU.

Decree on the Appointment of a Judge

The decree concerns the appointment of a judge to the Izmail City District Court of Odesa Oblast. Yurii Yuriiovych Borteichuk is appointed to the position of judge in accordance with constitutional provisions and the Law of Ukraine “On the Judiciary and Status of Judges”. Structurally, the decree consists of a preamble referencing the legal grounds for appointment and one point of the operative part, which contains the actual appointment. The key provision of the decree is the appointment of a specific person to the position of judge of a specific court. The decree implements the President’s constitutional powers to appoint judges upon the submission of the High Council of Justice.

Decree on the Appointment of Judges

By the Decree of the President of Ukraine, three judges have been appointed to local general courts in different regions of Ukraine:
– Voinarovskyi I.V. – to the Sharhorod District Court of Vinnytsia Oblast
– Babii S.O. – to the Pavlohrad City District Court of Dnipropetrovsk Oblast
– Stashkiv T.B. – to the Novohrad-Volynskyi City District Court of Zhytomyr Oblast

The appointments are made in accordance with the President’s constitutional powers and based on the provisions of the Law of Ukraine “On the Judiciary and Status of Judges”. The decree is a standard individualTRANSLATION:

Dual-legal act on the appointment of judges to local courts.

Decree on the Appointment of Judges

The decree concerns the appointment of two judges to local general courts of Ukraine. Valerii Volodymyrovych Horbatiuk has been appointed as a judge of the Vinnytsia City Court of Vinnytsia Oblast, and Oleksii Vladyslavovych Dushyn has been appointed as a judge of the Uman City District Court of Cherkasy Oblast. The decree is issued based on the provisions of the Constitution of Ukraine and the Law of Ukraine “On the Judicial System and Status of Judges”, which regulate the procedure for appointing judges. In particular, in accordance with Articles 126, 127, and 128 of the Constitution of Ukraine, which define the status of judges and the procedure for their appointment.

The key point is that the appointment is made indefinitely, as after the judicial reform in Ukraine, judges are appointed to positions without limitation of their term of office. The appointment is made by a decree of the President of Ukraine upon the submission of the High Council of Justice.

Decree on the Dismissal of T. Tasheva from the Position of Permanent Representative of the President of Ukraine in the Autonomous Republic of Crimea

The decree concerns a personnel matter – the dismissal of Tamila Tasheva from the position of Permanent Representative of the President of Ukraine in the Autonomous Republic of Crimea at her own request. The structure of the decree is simple – it contains only the operative part about the dismissal of the official. The basis for dismissal is stated as the submitted application by Tamila Tasheva herself.

The key provision is that the dismissal occurs at the personal request of the official, and not for other reasons. The position of Permanent Representative of the President in the Autonomous Republic of Crimea is an important state position, the appointment to and dismissal from which belongs to the powers of the President of Ukraine.

Resolution on Adopting as a Basis the Draft Law of Ukraine on Amendments to the Law of Ukraine “On Military Duty and Military Service” Regarding the Specifics of Taking Ukrainian Citizens on Military Registration as Conscripts and Their Medical Examination During Basic Military Training

The resolution concerns the adoption as a basis of draft law No. 12076 on amendments to the Law of Ukraine “On Military Duty and Military Service”. The draft law regulates the specifics of taking citizens on military registration as conscripts and their medical examination during basic military training.

Structurally, the resolution consists of two points: the first is about adopting the draft law as a basis, the second is to instruct the relevant Verkhovna Rada Committee to finalize the draft law for the second reading.

The key point is that the draft law is initiated by the Cabinet of Ministers of Ukraine and aimed at regulating the procedures of military registration and medical examination of conscripts specifically during their basic military training. This is an important stage in the legislative process to improve the military registration system in Ukraine.

Resolution on Adopting as a Basis the Draft Law of Ukraine on Amendments to the Customs Code of Ukraine Regarding Certain Issues of Administrative Responsibility for Customs Violations

The resolution concerns the adoption as a basis of draft law No. 10257 on amendments to the Customs Code of Ukraine regarding issues of administrative responsibility for customs violations. Structurally, the resolution is…Resolution on Amendments to the Agenda of the Twelfth Session of the Verkhovna Rada of Ukraine of the Ninth Convocation

The resolution amends the agenda of the twelfth session of the Verkhovna Rada of Ukraine, including 6 new draft laws. Structurally, the document consists of two parts – the resolution itself and an annex with a list of draft laws. The resolution takes effect from the moment of its adoption. The agenda includes important draft laws regarding:
– amendments to the Budget Code concerning contingent liabilities;
– establishment of the Higher Court for Public Law Disputes (3 alternative projects);
– development of financial inclusion;
– amendments to the law on military service regarding specifics of registration and medical examination during basic training.

Of the 6 draft laws, 3 were submitted by the Cabinet of Ministers and 3 by people’s deputies.

Resolution on Amendments to the Resolution of the Cabinet of Ministers of Ukraine dated August 5, 2020, No. 743

The resolution amends the Regulations on Service of Enlisted and Commissioned Officers of the State Bureau of Investigations from 2020. The main changes concern the procedure for service in the SBI, in particular:
– Updated procedure for informing employees – electronic communications are now possible
– Changed procedure for granting and compensating leave
– Clarified procedures for appointment and transfer to positions
– Detailed grounds for dismissal from service

Key innovations:
– Mandatory provision of contact information by employees for communication
– Clarified procedure for temporary performance of duties for vacant positions
– Updated procedure for compiling and executing leave schedules
– Changed requirements for SBI staff uniforms

Resolution on Implementation of an Experimental Project on Introducing Modern Approaches in Medical Education

The resolution introduces a two-year experimental project to modernize medical education based on Danylo Halytsky Lviv National Medical University, which will be reorganized into a state non-commercial enterprise. Structurally, the resolution consists of two parts: the main text (5 points) and the Procedure for Implementing the Experimental Project (20 points). The main text defines general organizational issues, while the Procedure details the project implementation mechanism. Key innovations:
– Creation of a university hospital as an organizational association of departments to provide medical services to the population
– Establishing maximum teaching load for medical educators – 450 hours per year
– Mandatory practical training for students of at least 15 academic hours per week

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