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Review of Ukrainian legislation for 18/12/2024

Regarding Protection of Victims of Sexual Violence

A law has been adopted on legal and social protection of persons who suffered from sexual violence as a result of Russian aggression since 2014. A special Commission will be established under the social policy body, which will make decisions on recognizing a person as a victim within 45 days. Victims will have the right to free legal assistance, rehabilitation, temporary shelter, and monetary compensation, regardless of reporting to law enforcement agencies.

Regarding Accounting for Consequences of Russian Aggression

Two new registries are being created: the Registry of Information on Deported Children (managed by the Ministry of Justice) and the System for Accounting Damage to Personal Non-Property Rights of Individuals (managed by the Ministry of Social Policy). Access to the systems is free, information is confidential, with the possibility of transferring data to international organizations with the consent of the victims.

Regarding Compensation for Improper Detention Conditions

A mechanism for compensation has been established for persons in places of confinement for improper detention conditions. Compensation of at least 120 hryvnias is provided for each day in inadequate conditions, or crediting one day of imprisonment as two days of punishment. Clear criteria for improper conditions have been defined, including area, lighting, ventilation, etc.

Regarding Protection from Domestic Violence

Amendments have been made to legislation on preventing domestic violence. The list of forms of domestic violence has been expanded, responsibility for its commission has been strengthened, the mechanism of interaction between bodies and institutions has been improved, and the rights of victims to receive assistance have been expanded.

Regarding Judicial Control over Execution of Decisions

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 as of 17.12.2024. The document sets accounting prices for four types of banking metals: gold (XAU), silver (XAG), platinum (XPT), and palladium (XPD). Prices are indicated per troy ounce of each metal in hryvnias.

Key provisions:
– Gold: 111,027.95 UAH per ounce
– Silver: 1,279.69 UAH per ounce
– Platinum: 39,032.61 UAH per ounce
– Palladium: 40,056.08 UAH per ounce

It is important to note that these prices are reference prices, and the NBU does not undertake obligations to conduct transactions with banking metals at the specified prices.

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 17.12.2024. 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 – 41.7403 UAH, euro – 43.8064 UAH, pound sterling – 52.8223 UAH.

Key provisions:
– Rates are used for accounting purposes
– Applied for NBU operations with the State Treasury Service of Ukraine
– NBU has no obligations to buy or sell currencies at the specified rates
– Rates are established for the most common global currencies and currencies of neighboring countries

On the Delegation of Ukraine for Negotiations with the European Bank for Reconstruction and Development Regarding the Guarantee Agreement (Project “Updating the Electric Locomotive Fleet of Ukrzaliznytsia JSC”) between Ukraine and the European Bank for Reconstruction and Development

The order creates a Ukrainian delegation for negotiations with the EBRD regarding the conclusion of a Guarantee Agreement for the project of updating the electric locomotive fleet of Ukrzaliznytsia. The document defines the delegation composition and authorizes officials to conduct negotiations and sign the agreement. Structurally, the order consists of three points: 1) creation and determination of a 9-person delegation led by the Deputy Minister of Community and Territorial Development; 2) approval of Directives for negotiations (for official use); 3) authorization of the Vice Prime Minister to sign the agreement. Key provisions: the delegation head may change its composition in coordination with the Ministry of Foreign Affairs; the delegation includes representatives of relevant ministries and Ukrzaliznytsia; the agreement will be signed on behalf of Ukraine by Vice Prime Minister for Recovery Oleksii Kuleba.

On the Delegation of Ukraine for Negotiations with the European Bank for Reconstruction and Development Regarding the Guarantee Agreement (Project “Participation of Ukrzaliznytsia JSC in the National Distributed Generation System”) between Ukraine and the European Bank for Reconstruction and Development

The order concerns the creation of a Ukrainian delegation for negotiations with the EBRD regarding the conclusion of a Guarantee Agreement for the project of Ukrzaliznytsia’s participation in the distributed generation system. Structurally, the document consists of three points: 1) creation of a delegation and approval of its composition of 9 persons led by the Deputy Minister of Community Development.Here is the translation of the provided Ukrainian legal texts:

1. Regarding the delegation and territories; 2) approval of Directives for negotiations (for official use); 3) authorization of Vice Prime Minister Oleksii Kuleba to sign the Treaty.

Key provisions: the delegation head has the right to change the delegation composition in coordination with the Ministry of Foreign Affairs; the delegation includes representatives from relevant ministries (Ministry of Regional Development, Ministry of Foreign Affairs, Ministry of Finance, Ministry of Justice, Ministry of Economy) and JSC ‘Ukrzaliznytsia’; the document creates a legal basis for conducting negotiations and subsequent treaty signing with EBRD.

2. On Redistribution of Certain State Budget Expenditures Allocated to the State Agency for Restoration and Infrastructure Development for 2024, and Approval of the Procedure for Using General Fund Budget Funds Intended for Network Development and Maintenance of Public Highways of State Significance in 2024

The resolution regulates the redistribution of 1.7 billion hryvnias within the budget of the State Agency for Restoration and Infrastructure Development for 2024 and establishes the procedure for using these funds for maintaining state highways. The document consists of two parts: 1) a resolution on fund redistribution and 2) the procedure for fund use. Funds are redistributed from the debt obligation program to the road development and maintenance program.

Key provisions of the fund use procedure:
– The Agency for Restoration is the main fund administrator
– Recipients are state enterprises under the Agency’s management
– Funds are directed to current repair, minor repair, and operational road maintenance
– Reporting requirements are established – recipients must report monthly by the 5th of each month

3. On Amendments to the Cabinet of Ministers of Ukraine Resolution Dated November 12, 2024 No. 1291

The resolution amends the experimental project regarding military personnel relocation at their initiative, expanding its scope to include National Guard of Ukraine personnel. The project is implemented for two years or until the end of martial law.

Structurally, the document consists of three parts: amendments to the main resolution, changes to the Armed Forces personnel relocation procedure, and a new procedure for National Guard personnel relocation. The main changes involve including the Ministry of Internal Affairs and National Guard as project participants.

Key provisions:
– The Ministry of Defense is the project coordinator
– Relocation is carried out through the “Army+” portal
– Clear timelines for report review are established (72 hours for verification, 24 hours for order signing)
– An exhaustive list of grounds for relocation refusal is defined
– A control mechanism for decision-making is provided through a random 1% sample of decisions

4. Issues of Selling State Share in the Authorized Capital of Limited Liability Company “Motordetal-Konotop” at an Electronic Auction with Conditions

The CMU order approves the sale conditions for 100% of the state share in LLC ‘Motordetal-Konotop’ at an electronic auction. The starting sale price is set at 278.5 million hryvnias. Proceeds from the sale will be directed to the fund for eliminating the consequences of armed aggression.

The document consists of two parts: the main order (3 pages) and the sale conditions.Translation:

The main order defines the starting price and the procedure for using funds, and the sales conditions establish requirements for buyers and their obligations. Key provisions include:
– Prohibition of auction participation for persons associated with the Russian Federation and Belarus;
– Buyer’s obligation to maintain the main types of enterprise activities;
– Requirement to repay wage arrears and budget debts within 6 months;
– Prohibition of employee dismissal for 6 months;
– Obligation to comply with labor legislation and ensure social guarantees;
– Term for fulfilling most obligations – 5 years.

Regarding the Assignment of the Second Rank of Civil Servant to Lossovsky I.Ye.

The order concerns the assignment of a personal rank of civil servant to a specific official. The document is an individual act issued based on Article 39 of the Law of Ukraine “On Civil Service”, which assigns the second rank of civil servant to the Deputy Head of the State Service of Ukraine for Ethnopolitics and Freedom of Conscience. Civil service ranks are a type of special title reflecting the level of professional qualification of civil servants. The second rank is one of the highest ranks of civil service and is assigned to officials holding positions of category ‘A’ or ‘B’.

Regarding the Appointment of Myronenko Yu.M. as Deputy Minister of Digital Transformation of Ukraine

The order concerns a personnel appointment in the Ministry of Digital Transformation of Ukraine. Yurii Mykolaiovych Myronenko is appointed as Deputy Minister of Digital Transformation of Ukraine. The document is a typical administrative act of the Cabinet of Ministers of Ukraine regarding the appointment of an official. It consists of a brief operative part about the appointment and the Prime Minister’s signature. The main legal consequence is Myronenko Yu.M. acquiring the powers of Deputy Minister and being included in the management of the Ministry of Digital Transformation of Ukraine with corresponding rights and obligations provided by law for this position.

Regarding the Dismissal of Drobovych A.E. from the Position of Head of the Ukrainian Institute of National Remembrance

The order concerns a personnel matter – dismissal of Anton Eduardovych Drobovych from the position of Head of the Ukrainian Institute of National Remembrance. The document is simple in structure and contains only the operative part about dismissing the official from December 17, 2024. The grounds for dismissal are the expiration of the term of appointment according to the first paragraph of the first part of Article 85 of the Law of Ukraine “On Civil Service”. The key provision is the date of dismissal (December 17, 2024) and the legal basis – expiration of the term of appointment to a civil service position.

Regarding the Invalidation of the Resolution of the National Bank of Ukraine Board Dated March 1, 2023, No. 11

The NBU Resolution No. 146 dated 10.12.2024 cancels the previous resolution No. 11 dated 01.03.2023, which regulated the procedure for banks to provide information on the indicator “Σ ValVyr”. The document structure is simple and contains three points: cancellation of the previous resolution, determination of the responsible person for control, and the procedure for entry into force.Translation:

An important moment is that banks are no longer obligated to provide information regarding the “Σ ValVyr” indicator. The resolution takes effect from the day following its official publication.

On Amending Article 77 of the Criminal Code of Ukraine Regarding the Application of Property Confiscation in Case of Exemption from Serving the Main Punishment with Probation

The Law amends Article 77 of the Criminal Code of Ukraine, expanding the possibilities of applying property confiscation as an additional punishment when exempted from serving punishment with probation. Structurally, the law consists of two points: the first supplements Article 77 of the Criminal Code with a new second part, the second determines the procedure for entry into force. Previously, Article 77 of the Criminal Code did not provide for the possibility of property confiscation when released on probation. Key provisions: 1) property confiscation can be applied as an additional punishment when released on probation only in cases of corruption offenses and offenses related to corruption; 2) this is possible only on the basis of a guilty plea agreement; 3) a mandatory condition is the coordination of property confiscation by the parties to the agreement.

On Amending the Regulation on Specifics of Concluding Insurance Contracts with Consumers

The NBU Resolution amends the Regulation on Specifics of Concluding Insurance Contracts with Consumers, clarifying the rules for concluding electronic insurance contracts. The main changes concern three aspects:
– the scope of application of the Regulation has been clarified, in particular regarding OSAGO contracts;
– requirements for electronic signatures when concluding OSAGO contracts in electronic form have been established;
– technical clarifications regarding insurance contract terminology have been made.

Key provisions for application:
– an OSAGO contract in electronic form must contain the consumer’s electronic signature and the insurer’s qualified electronic signature with an electronic time mark;
– it is clarified that the Regulation’s requirements do not apply to insurance contracts whose specifics are determined by the Cabinet of Ministers and central executive authorities;
– changes take effect from July 1, 2025.

On Approving Amendments to the Regulation on the National Bank of Ukraine’s Supervision of Compliance with Legislation on Protection of Financial Services Consumers’ Rights and Limited Payment Services, Requirements for Interaction with Consumers in Overdue Debt Settlement

The NBU Resolution amends the Regulation on Supervision of Compliance with Legislation on Protection of Financial Services Consumers’ Rights. The main purpose is to bring supervision procedures in line with the Law of Ukraine “On Administrative Procedure”. Structurally, changes are made to 5 sections of the Regulation and concern procedural aspects of supervision. Key innovations include the procedure for notifying the start of administrative proceedings, terms, and methods of communication between the NBU and supervision objects.

The most important changes:
– A clear procedure for initiating administrative proceedings and notifying the supervision object has been established
– The term for sending a reference to the supervision object has been reduced from 5 to 3 working days
– The procedure for submitting petitions and documents by supervision objects has been detailed
– The moment when the reference is considered has been determined

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