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Review of Ukrainian legislation for 14/12/2024

Key Changes in Legislation:

Agricultural and Fishery Support:
– A support mechanism has been introduced for freshwater fish producers in de-occupied territories – up to 30% of expenses for growing/purchasing fish stock material
– Amendments have been made to the procedure for supporting farming enterprises from 2025, including limiting repeated assistance for those who received it in 2024

Electronic Services:
– An experimental project for an electronic queue for cross-border vehicle transit has been launched for 2 years
– A comprehensive service for military personnel and veterans regarding status, benefits, and assistance has been introduced through the “Diia” portal

Infrastructure and Energy:
– An agreement with Romania has been approved for constructing a bridge over the Tisa River between Bila Tserkva and Sighetu Marmației
– Special provisions for electricity market functioning have been extended to 2025
– Rules for applying electricity limitation schedules during martial law have been updated

Education and Defense:
– A new procedure for teaching the “Defense of Ukraine” subject has been approved for all specialized secondary education students, regardless of gender

Asset Management:
– The procedure for managing assets seized in state revenue through sanctions has been regulated, and the powers of the State Property Fund have been defined

International Cooperation:

Review of each of legal acts published today:

On the Accounting Price of Banking Metals

This is a daily notification from the National Bank of Ukraine establishing accounting prices for banking metals as of 13.12.2024. The document sets accounting prices for four types of banking metals per troy ounce: gold (XAU) – 112,755.79 UAH, silver (XAG) – 1,322.75 UAH, platinum (XPT) – 39,073.04 UAH, palladium (XPD) – 40,744.81 UAH.

It is important to note that these prices are reference and do not create obligations for the NBU to buy or sell banking metals at the specified prices. Such quotations are used by banks and financial institutions for accounting of banking metal operations and calculating the value of banking metals.

On the Official Exchange Rate of Hryvnia to Foreign Currencies

This is a daily notification from the National Bank of Ukraine establishing the official exchange rate of hryvnia to 35 foreign currencies as of 13.12.2024. The document contains a table with currency rates, where for each currency its digital and literal code, number of units, full name, and official rate relative to hryvnia are indicated. Among the main currencies: US dollar – 41.6588 UAH, euro – 43.7042 UAH, pound sterling – 53.0254 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 Authorizing S. Marchenko to Sign the Grant Agreement of the Financial Intermediary Fund to Facilitate Resource Mobilization for Investing in Strengthening Ukraine (Co-financing of the Second Policy-Based Loan Development Program “Growth Foundations”) between Ukraine and the International Bank for Reconstruction and Development (acting as the executive agency of the Financial Intermediary Fund)

The order concerns authorizing the Minister of Finance of Ukraine, Serhii Marchenko, to sign a grant agreement with the International Bank for Reconstruction and Development.

The document is a typical executive act of the President of Ukraine regarding granting powers to an official to sign an international agreement. The agreement in question is related to receiving a grant within the Financial Intermediary Fund for strengthening Ukraine and is part of co-financing the Second Policy-Based Loan Development Program ‘Growth Foundations’.

The key provision is the direct authorization of a specific official – the Minister of Finance of Ukraine – to sign a specific international agreement. The IBRD acts as the executive agency of the Financial Intermediary Fund.

On Authorizing O. Kuleba to Sign the Letter of Waiver of Certain Conditions of the Financial Agreement (Urban Public Transport Project) between Ukraine and the European Investment Bank

The order grants powers to the Vice Prime Minister for Recovery of Ukraine, Oleksii Kuleba, to sign a document regarding changing the financing conditions for the urban transport development project.

The document structure is simple – it is a one-time mandate to sign a specific document – a Letter of Waiver of certain conditions of the financial agreement with the European Investment Bank concerning the urban public transport development project in Ukraine.

The key point is that the document concerns…Translation:

Regarding the International Financial Agreement and Identifying a Specific Official Authorized to Represent Ukraine in Signing Amendments to This Agreement.

[Presidential Order on Temporary Performance of Duties of the Head of the Darnytsia District State Administration in Kyiv]

By the Presidential Order, Oleksandr Volodymyrovych Kovtunov has been appointed as the temporary acting head of the Darnytsia District State Administration in Kyiv. This is a typical personnel order consisting of one point and contains a decision on temporary assignment of district state administration leadership duties. The document exemplifies the implementation of the President of Ukraine’s personnel powers for appointing local state administration heads in accordance with Article 118 of the Constitution of Ukraine and the Law of Ukraine “On Local State Administrations”.

[Presidential Order on Relieving from Temporary Performance of Duties of the Head of the Darnytsia District State Administration in Kyiv]

By the Presidential Order, Mykola Volodymyrovych Kalashnyk has been relieved from temporary performance of duties as head of the Darnytsia District State Administration in Kyiv. This is a typical personnel order of the President of Ukraine, consisting of one point and containing a decision on terminating official duties. The document exemplifies the implementation of the President of Ukraine’s personnel powers regarding appointment and dismissal of local state administration heads in accordance with Article 118 of the Constitution of Ukraine and the Law of Ukraine “On Local State Administrations”.

[Resolution on Amending Cabinet of Ministers of Ukraine Resolutions]

The resolution introduces technical amendments to two government acts regarding renaming the donor platform and updating government official positions. The main change is renaming the ‘Multilateral Donor Coordination Platform for Ukraine’ to the ‘Ukrainian Donor Platform’. This renaming is reflected in all relevant documents. Additionally, positions of some Steering Council members have been updated: combined the Vice Prime Minister for European and Euro-Atlantic Integration position with the Minister of Justice position; modified the Vice Prime Minister for Ukraine’s Recovery position (removed infrastructure reference). The separate Minister of Justice position has been eliminated, as these powers are now combined with the Vice Prime Minister position.

[Resolution on Approving Procedure for Using Budget Funds to Provide Financial Support to Producers Engaged in Agricultural Activities of Freshwater Fish Breeding in Deoccupied and Combat-Affected Territories]

The resolution establishes a mechanism for providing state financial support to freshwater fish producers in deoccupied and combat-affected territories. Support is provided in the form of partial reimbursement of expenses for growing or purchasing fish stock material. The document consists of a main procedure and 4 annexes with document forms. Key provisions define: support recipients (legal entities and individual entrepreneurs engaged in aquaculture as primary activity), support amount (up to 30% of expenses), maximum amount per recipient (10,000 minimum wages), submission procedure andApplication Review through the State Agrarian Register. Key Aspects for Obtaining Support:
– Submitting an application by November 1 through the State Agrarian Register;
– Absence of budget arrears and sanctions;
– Submission of a complete set of documents (aquaculture reports, primary expense documents, contracts, invoices, etc.);
– Review of applications by regional commissions and approval of payments by the Ministry of Agrarian Policy by December 1.

Some Issues of Storing Documented Information and Its Transfer to the Central Certification Authority in Case of Termination of Qualified Electronic Trust Service Provider’s Activities

The resolution defines the procedure for transferring and storing documented information by qualified electronic trust service providers in case of termination of their activities. Documents must be transferred to the central certification authority in both electronic and paper form. The procedure consists of 15 points and an appendix with a transfer acceptance act form. The main provisions concern: the mechanism of document transfer, requirements for their preparation, transfer deadlines, procedure for receiving and storing information. The document replaces the previous resolution No. 821 from 2018 and cancels 3 more Cabinet of Ministers resolutions. Key points for application:
– Documents are transferred on two information carriers
– Contracts with users are recorded separately from other documents
– Transfer is carried out personally or by registered mail
– Clear transfer deadlines are established: 10 working days for electronic documents and 20 for paper documents
– Storage is carried out free of charge

On Amendments to the Procedure for Using Funds Provided in the State Budget to Support Farming Households and Other Agricultural Product Producers

The resolution amends the procedure for providing state support to farming households and other agricultural product producers, effective from January 1, 2025. Structurally, the document contains 4 points of changes to the existing Procedure for Using Budget Funds. The main changes include: clarification of terminology regarding the budget program; establishing a restriction on receiving support in 2025 for those who already received funds in 2024; changing the date from May 1 to February 1; and supplementing the provision on accounts. The key provision is the limitation on the impossibility of re-receiving support in 2025 for entities that have already received budget funds in 2024 for specific areas. Also important is the change of date from May 1 to February 1, which accelerates the support provision process at the beginning of the year.

On Amendments to the Resolution of the Cabinet of Ministers of Ukraine dated November 2, 2006 No. 1528

The resolution introduces technical changes to the 2006 act regarding remuneration and provision of diplomatic advisers. The main change is expanding the scope of application from central executive bodies to all state bodies. Structurally, the document consists of 4 points of changes related to terminology and expanding types of financial assistance to diplomatic advisers. In particular, the possibility of receiving cash assistance before annual leave is added. Key changes:
– Expanding the scope of application to all state bodies instead of only central executive bodies
– Adding a new type of financial assistance – cash assistance before annual leaveAnnual Basic Paid Leave
– Updating References to the Presidential Decree in Accordance with New Terminology

Resolution on Amendments to the Cabinet of Ministers of Ukraine Resolutions Dated November 11, 2015, No. 937 and November 21, 2018, No. 975

The resolution amends the rules for protecting state facilities and critical infrastructure facilities. The main purpose is to expand the list of facilities to be guarded by the police guard and regulate the protection of critical infrastructure facilities during martial law. Three new institutions have been added to the list of guarded facilities: the State Depository of Precious Metals and Precious Stones of Ukraine, the State Gemological Center, and the Inhulets River Channels Management. A new procedure for forming the list of critical infrastructure facilities guarded by the police guard has also been introduced.

Key innovations:
– A special procedure for guarding critical infrastructure facilities during martial law and 12 months after its termination has been established
– It is determined that the list of critical infrastructure facilities is formed by the Ministry of Internal Affairs, taking into account data from a special Registry
– A new category of facilities to be guarded has been added – ‘Critical infrastructure facilities, the list of which is determined by the Cabinet of Ministers of Ukraine’

Resolution on Approving the Agreement between the Cabinet of Ministers of Ukraine and the Government of Romania on the Construction of a Border Road Bridge across the Tysa River at the Ukrainian-Romanian State Border between the Settlements of Bila Tserkva (Ukraine) – Sighetu Marmației (Romania)

The resolution approves the interstate Agreement between Ukraine and Romania regarding the construction of a road bridge across the Tysa River, which will connect the settlements of Bila Tserkva (Ukraine) and Sighetu Marmației (Romania). The document consists of two points: the first approves the Agreement dated October 18, 2023, and the second instructs the relevant ministries and the State Agency for Reconstruction and Infrastructure Development to ensure the inclusion of bridge access road construction in the list of construction projects to be financed from the state road fund or other permitted sources. The key practical aspect of the resolution is creating a legal basis for the construction of a new border crossing between Ukraine and Romania and determining the sources of financing for access road construction on the Ukrainian side. This will contribute to the development of transport infrastructure and international relations at the Ukrainian-Romanian border.

Resolution on Amendments to the Cabinet of Ministers of Ukraine Order Dated December 12, 2018, No. 1023 and Resolution Dated June 5, 2019, No. 483

The resolution extends the special provisions for the functioning of the electricity market to 2025. In particular, the powers of the state enterprise ‘Ukrinternenergo’ as a ‘supplier of last resort’ are prolonged. Structurally, the document consists of two main parts: amendments to the CMU Order No. 1023 dated 12.12.2018 and amendments to the CMU Resolution No. 483 dated 05.06.2019. In both cases, the changes relate to extending the validity of the respective provisions until December 31, 2025. The key changes involve replacing the period ‘2023 and 2024’ with ‘2024 and 2025’ in all provisions and extending the term of special obligations of electricity market participants. This applies to both the status of the ‘supplier of last resort’ and the special obligations of participants.

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