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Review of Ukrainian legislation for 11/12/2024

Key Changes in Legislation:

🔸 A new electronic interaction system has been introduced between the Unified State Register and the tax service through the “Trembita” system, which simplifies data exchange between government agencies.

🔸 A Youth Council has been established under the Chairman of the Verkhovna Rada of Ukraine as an advisory body consisting of 31 persons aged 18-35, who are selected on a competitive basis for a 2-year term.

🔸 10 billion hryvnias have been allocated from the state budget reserve fund for the procurement of defense equipment through the State Enterprise “Defense Procurement Agency”.

🔸 The National Security and Defense Council adopted a decision on medical support for military personnel, specifically prohibiting the appointment of medical professionals to military positions unrelated to medical practice, and introducing electronic registration of wounded.

🔸 The procedure for the qualifying exam for judges has been changed – anonymous testing of cognitive abilities, knowledge of Ukrainian statehood history, and practical tasks in their specialization have been introduced.

🔸 The procedure for electricity disconnection during martial law has been updated – hourly disconnection schedules must be 75-100% of maximum consumption, distributed across 6 stages.

🔸 Ukraine received a loan from the World Bank in the amount of 235 million dollars for education development, including construction of shelters in schools and provision of school buses.

Review of each of legal acts published today:

On Information Interaction between the Unified State Register and the State Tax Service Using the “Trembita” System

The Ministry of Justice of Ukraine and the Ministry of Finance of Ukraine have introduced an updated system of electronic interaction between the Unified State Register (USR) and the information systems of the State Tax Service through the “Trembita” system. This innovation took effect from December 9, 2024. The legal basis is a joint order of the Ministry of Justice and the Ministry of Finance dated 05.07.2024 No. 2040/5/327, which defines the procedure for electronic information interaction between registers. The order is registered with the Ministry of Justice under number 1026/42371. The key innovation is the use of the “Trembita” electronic interaction system for state electronic information resources, which ensures automated data exchange between the USR and the tax service. This simplifies the process of information exchange between state bodies and enhances the efficiency of their interaction.

On the Accounting Price of Banking Metals

This is a daily notification from the National Bank of Ukraine on establishing accounting prices for banking metals (gold, silver, platinum, and palladium) as of 10.12.2024. The notification structure includes a table with metal codes (numeric and literal), measurement unit (troy ounce), and accounting price in hryvnias for each metal. Prices are set as follows: gold – 110,228.36 UAH, silver – 1,316.04 UAH, platinum – 39,447.95 UAH, palladium – 40,980.89 UAH per troy ounce. It is important to note that these prices are reference prices, and the NBU does not undertake obligations to conduct buy-sell operations for banking metals at these prices. These indicators are used for accounting, customs, and statistical purposes.

On the Official Exchange Rate of Hryvnia to Foreign Currencies

This is a daily notification from the National Bank of Ukraine on establishing the official exchange rate of hryvnia to 34 foreign currencies as of 10.12.2024. 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 – 41.5093 UAH, euro – 43.8525 UAH, pound sterling – 52.9576 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.

On the Youth Council under the Chairperson of the Verkhovna Rada of Ukraine

The order creates a Youth Council under the Chairperson of the Verkhovna Rada of Ukraine as a consultative and advisory body to involve youth in parliamentary activities. The Council consists of 31 persons aged 18 to 35, who are elected on a competitive basis for a term of 2 years. The provision defines the legal status, tasks, and powers of the Youth Council. Structurally, the document consists of 21 points that regulate the procedure for forming the council, requirements for its members, organization of work, and decision-making.

Key provisions of the document:
– The Council assists the VRU Chairperson in forming and implementing state policy, taking into account youth interests
– Council members work on a voluntary basis and are selected through a competitive selection
– The Council has the right to analyze legislation, make proposals, participate in draft law work and parliamentary hearings
– Meetings are held at least once per quarter, decisions are made by majority vote

On Authorizing O. Kuleba to Sign Amendment Letter No. 6 to the Financial Agreement between Ukraine and the European Investment Bank (Project “On Improving Road Safety in Ukraine”)

[Note: The translation of this last document appears to be cut off in the original text]Extraordinary Credit Program for Ukraine’s Recovery

The order concerns authorizing the Deputy Prime Minister for Ukraine’s Recovery, Oleksii Kuleba, to sign amendments to the financial agreement with the European Investment Bank. The document is a technical administrative act that grants a specific official the authority to represent Ukraine in signing an international document – Letter of Amendment No. 6 to the existing Financial Agreement under the Extraordinary Credit Program for Ukraine’s Recovery. The key provision is the direct authorization of O.V. Kuleba to perform a specific legal action – signing amendments to the international financial agreement with the EIB. The order does not contain any other regulatory norms.

On Allocating Funds from the State Budget Reserve Fund for Measures Related to Strengthening State Defense Capabilities

The order provides for the allocation of 10 billion hryvnias from the state budget reserve fund for the procurement of defense-purpose equipment through the State Enterprise ‘Defense Procurement Agency’. The funds are allocated on a non-refundable basis. The document consists of three main points: 1) reallocation of funds from the state debt servicing program to the reserve fund; 2) allocation of funds to the Ministry of Defense; 3) establishing requirements for approving the list of expenses and reporting. Key provisions for implementation:
– The Ministry of Finance must amend the state budget schedule;
– The Ministry of Defense must coordinate the list of expenses with the Ministry of Economy and Ministry of Finance within 3 days;
– By December 28, 2024, the Ministry of Defense must report on the use of funds to the Ministry of Economy, Ministry of Finance, and State Treasury.

On Changes in the Composition of Territorial Election Commissions Preparing and Conducting Local Elections

The Central Election Commission (CEC) resolution concerns changes in the composition of territorial election commissions preparing and conducting local elections. The document regulates the replacement of commission members based on submissions from political parties and due to circumstances that make it impossible for certain individuals to participate in commission work. Structurally, the resolution consists of a preamble describing the legal grounds for decision-making and 5 points in the operative part. The main legal basis is Article 208 of the Electoral Code of Ukraine and CEC Explanation No. 351 dated 06.10.2020. Key provisions of the resolution:
– Making changes to the composition of territorial election commissions in 7 regions of Ukraine
– Establishing the procedure for notifying a political party about the possibility of submitting a new candidate to replace a commission member whose powers have been terminated
– Obliging territorial election commissions to inform citizens about changes in their composition

On Amending the Central Election Commission Resolution of June 25, 2020, No. 116

The CEC resolution amends the procedure for establishing polling stations on a permanent basis. The main changes concern the rules for describing polling station boundaries and requirements for information about the accessibility of voting premises. Structurally, the resolution contains 5 points that define: specific changes to the previous resolution No. 116, tasks for responsible bodies to submit additional information about polling station premises, instructions to the State Voter Register Administrator Service, the procedure for sending copies and publication. Key innovations:
– Detailed rules for describing polling station boundaries for various cases (one station per settlement, all houses on a street, part of houses)
– Clarified requirements for indicating codes of settlements with identical names
– Updated terminology regarding city mayors and information and communication systems
– Established requirements for information about premises accessibility for persons with disabilitiesTRANSLATION OF THE FIRST DOCUMENT:

On Attracting a Grant for Budget Support from the International Bank for Reconstruction and Development, Acting as the Executive Agency of the Financial Intermediary Fund to Facilitate Resource Mobilization for Investing in Strengthening Ukraine, for Co-financing the Second Development Policy Support Program “Foundations of Growth”

The order concerns attracting grant assistance from the International Bank for Reconstruction and Development for Ukraine in the amount of up to 1 billion US dollars. The document is structurally composed of one point, which recognizes the expediency of attracting a grant for co-financing the Second Development Policy Support Program ‘Foundations of Growth’. The IBRD acts as the executive agency of the Financial Intermediary Fund to facilitate resource mobilization for investing in strengthening Ukraine. The key point is that the funds are provided in the form of a grant (i.e., non-repayable assistance) for budget support, which means the possibility of using them to finance the general needs of the Ukrainian state budget.

TRANSLATION OF THE SECOND DOCUMENT:

On the Reallocation of Certain State Budget Expenditures Provided to the Ministry of Finance for 2024

The order concerns the reallocation of budget funds between various programs of the Ministry of Finance of Ukraine for 2024 within the general fund of the state budget. The document provides for a reduction in expenditures for four budget programs for a total amount of approximately 234.2 million hryvnias (leadership in the areas of finance, financial control, tax policy, and contributions to international organizations). At the same time, expenditures for two programs are increased for a total amount of approximately 234.2 million hryvnias – for treasury servicing and equipping railway border crossing points.

Key changes include:
– The largest reduction (212.5 million hryvnias) concerns contributions to international organizations
– The largest increase (226.4 million hryvnias) is directed to equipping railway border crossing points
– The reallocation includes both consumption and development expenditures
– The changes do not affect the total volume of budget allocations for the Ministry of Finance

TRANSLATION OF THE THIRD DOCUMENT:

On the Transfer of the Integral Property Complex of the National Chamber Ensemble “Kyiv Soloists” to the Management Sphere of the Ministry of Culture and Strategic Communications

The order provides for the transfer of the integral property complex of the National Chamber Ensemble ‘Kyiv Soloists’ from the State Administration Affairs to the Ministry of Culture and Strategic Communications. The structure of the order is simple and consists of two points: the first defines the essence of the property complex transfer, the second establishes the effective date – January 1, 2025. The key point is that the management body of the state cultural institution is changing – instead of the State Administration Affairs, it will be managed by the relevant ministry. It is important to pay attention to the institution’s EDRPOU code (24268575) for correct identification of the legal entity during the transfer.

TRANSLATION OF THE FOURTH DOCUMENT:

Regarding Countering Threats to Ukraine’s National Security in the Healthcare Sector during a Special Period

The NSDC decision is aimed at addressing problems in the healthcare sector under martial law, particularly concerning medical support for military personnel and civilian population. The document establishes a number of tasks for executive authorities to streamline the medical system’s operation during a special period. Structurally, the decision consists of 4 points, the largest of which contains 11 sub-points with tasks for the Cabinet of Ministers of Ukraine. Specific tasks are provided for the Ministry of Health, Ministry of Education and Science, and law enforcement agencies.

Key provisions of the decision include:
– Prohibition of appointing medical professionals to military positions not directly related- with medical practice;
– review of the mechanism for reserving medical workers;
– introduction of electronic accounting for wounded and sick military personnel;
– digitalization of military medical expertise processes;
– improvement of the rehabilitation assistance system for military personnel;
– strengthening the protection of medical information systems.

On the Application of Personal Special Economic and Other Restrictive Measures (Sanctions)

The NSDC decision introduces personal sanctions against certain individuals on the proposal of the Security Service of Ukraine in accordance with the Law of Ukraine ‘On Sanctions’. The document consists of 4 points and an appendix containing a list of individuals to whom restrictive measures are applied. The decision instructs the Cabinet of Ministers of Ukraine, SBU, and NBU to ensure the implementation and monitoring of sanctions effectiveness. Key provisions include:
– approval of the list of individuals subject to sanctions;
– instruction to the Ministry of Foreign Affairs to inform the EU, USA, and other states about the application of sanctions and initiate the introduction of similar measures on their part;
– identification of responsible bodies for implementing the sanctions policy (CMU, SBU, NBU).

On the Decision of the National Security and Defense Council of Ukraine dated December 5, 2024 “On Countering Threats to Ukraine’s National Security in the Healthcare Sector during a Special Period”

The decree puts into effect the NSDC decision dated December 5, 2024, regarding countering threats to Ukraine’s national security in the healthcare sector during a special period. Structurally, the decree consists of three points: putting the NSDC decision into effect, identifying the controlling body (NSDC Secretary), and entry into force. The key provision is that control over the implementation of the NSDC decision is assigned to the NSDC Secretary. The decree enters into force on the day of its official publication. Unfortunately, without the text of the NSDC decision itself, it is impossible to analyze the specific measures being introduced in the healthcare sector.

On the Decision of the National Security and Defense Council of Ukraine dated December 5, 2024 “On the Application of Personal Special Economic and Other Restrictive Measures (Sanctions)”

The decree puts into effect the NSDC decision dated December 5, 2024, regarding the application of personal sanctions against certain persons or organizations. This is a typical decree that puts NSDC sanctions decisions into effect. Structurally, the decree consists of three points: putting the NSDC decision into effect, determining control over implementation (assigned to the NSDC Secretary), and entry into force on the day of publication. The key point is that the decree itself is merely a legal mechanism for implementing sanctions – the specific list of sanctions and persons/organizations to which they are applied is contained in the appendix to the decree (in the NSDC decision). Such decrees are issued on the basis of Article 107 of the Constitution of Ukraine, which defines the President’s powers to put NSDC decisions into effect.

On Authorizing Yu. Svyrydenko to Sign the Guarantee Agreement (Project “Support for Critically Necessary Distributed Generation”) between Ukraine and the European Bank for Reconstruction and Development

The order concerns granting powers to the First Vice Prime Minister of Ukraine – Minister of Economy of Ukraine, Yulia Svyrydenko, to sign an agreement with the EBRD. The document is a brief administrative act containing only one provision authorizing the signing of a specific agreement – the Guarantee Agreement for the project ‘Support for Critically Necessary Distributed Generation’ between Ukraine and the European Bank for Reconstruction and Development. This is a typical order of the President of Ukraine to determine the authorized person to sign an international agreement on behalf of Ukraine.

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