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Review of Ukrainian legislation for 31/01/2025

Laws:

– Administrative and criminal liability has been introduced for violations of requirements regarding the maintenance of civil protection shelters. A fine of 100-200 non-taxable minimum incomes is stipulated for failure to ensure access, and 150-300 non-taxable minimum incomes for maintenance violations. In case of serious consequences, imprisonment for 3-8 years is provided.

– Amendments have been made to the law on the nature reserve fund – a clear list of cases of permitted vehicle traffic has been established, and the development of territory organization projects for 5 years and development strategies for 10 years has been introduced.

– The greenhouse gas emissions monitoring system has been restored. A Unified Emissions Monitoring Register is being created as a public electronic register. Operators are exempt from submitting reports for 2021-2023.

– A moratorium on bankruptcy has been established for the State Enterprise “Eastern Mining and Processing Plant” and coal mining enterprises until January 1, 2026. Enforcement actions are suspended, and property seizures are lifted.

International Agreements:

– Ukraine will receive a loan from the International Development Association for $300 million for an entrepreneurship support program. Funds will be provided in tranches until 2054.

– A new border crossing point “Nyzhanovychi – Malhovychi” with Poland will open from December 20, 2024. It will operate 24/7 for vehicles up to 3.5 tons.

– A visa-free regime has been established with Cambodia for holders of diplomatic and service passports with a stay right up to 30 days.

Subordinate Legal Acts:

– A new procedure for preventive medical examinations of children from birth to 18 years has been approved. Examinations are conducted annually, cannot be remote, and require parental consent.

– Changes have been made to the procedure for withdrawing insolvent banks from the market – a chapter on early response measures has been added and data room work procedures have been updated.

– Tax reporting forms for income tax have been updated regarding non-resident operations and tax difference calculations.

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 30.01.2025. The notification structure includes a table with metal codes (numeric and literal), measurement unit (troy ounce), and accounting price for each metal in hryvnias.

Key accounting prices per troy ounce: gold – 115,569.59 UAH, silver – 1,279.85 UAH, platinum – 39,867.73 UAH, palladium – 40,314.70 UAH. It is important to note that these prices are indicative and do not create obligations for the NBU to buy or sell 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 30.01.2025. 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 – 41.9294 UAH, euro – 43.6192 UAH, pound sterling – 52.0931 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 currencies at these rates.

On Amendments to the Cabinet of Ministers of Ukraine Resolution and Invalidation of a Previous Resolution

The resolution introduces changes to the salary system for civil servants in 2025, particularly for employees of security and defense sectors, prosecutor’s offices, and the Pension Fund. Structurally, the document consists of three main points and an appendix with approved changes. Key changes include:

– Introduction of a new salary scale for civil servants in security and defense sectors (except Ministry of Defense and Ministry of Internal Affairs), prosecutor’s offices, and the Pension Fund
– Establishment of mandatory monthly reporting to the Ministry of Finance on actual labor expenditures
– Changes take effect from the day of publication and apply from January 1, 2025

Matters of Extraordinary General Shareholders Meeting of “Ukrainian Energy Machines” Joint Stock Company

The order determines the state representative for participation in the extraordinary general shareholders meeting of JSC “Ukrainian Energy Machines” scheduled for 30 January 2025.

The document consists of two points: the first defines the state representative (Maksymenko Ya.P.) and authorizes the First Deputy Minister of Economy (Sobolev O.D.) to provide her with a power of attorney; the second approves voting instructions for the state representative at the meeting.

Key provisions include:
– Appointment of Maksymenko Ya.P., a chief specialist of the Ministry of Economy, as the state representative
– Granting powers to the First Deputy Minister of EconomyStructural elements for drafting a power of attorney;
– Approval of a separate voting task, which is attached to the original order.

**On Approval of the Expectations Letter for the State Enterprise “Energorynok” for 2025**

The order approves the owner’s expectations letter for the state enterprise ‘Energorynok’ for 2025. The expectations letter is a document that defines key performance indicators and expected results of the state enterprise’s activities for the corresponding period. Structurally, the document consists of two parts: the direct administrative part about approving the expectations letter and an annex containing the expectations letter itself (attached to the original document).

This is a typical order within the management of a state enterprise, issued annually in accordance with corporate governance principles for state enterprises. The expectations letter is a communication tool between the owner (the state) and the enterprise’s management regarding strategic goals and expected performance results.

**On Approval of the Draft Letter from the Government of Ukraine to the European Investment Bank Regarding Financing the “Centralized Heat Supply of Ukraine Ukreximbank” Project**

The order concerns approval of a draft letter to the European Investment Bank regarding financing a centralized heat supply project through Ukreximbank. The document has a simple structure and consists of two main points: approval of the draft letter and authorization of the Minister of Finance to sign it. The letter confirms that the project falls under the Framework Agreement between Ukraine and the EIB dated June 14, 2005.

The key point is that this document is a necessary step to obtain financing from the EIB for the modernization project of the centralized heat supply system in Ukraine. Ukreximbank will act as the project’s financial intermediary.

**On Approval of the Draft Letter from the Government of Ukraine to the European Investment Bank Regarding Financing the “Support for Stability and Restoration of Ukrhydroenergo (Equipment Restoration to Improve Operational Stability and Reliability of Hydroelectric Power Plants)” Project**

The order concerns approval of a draft letter to the European Investment Bank regarding financing a project for restoration and modernization of Ukrhydroenergo’s hydroelectric power plant equipment. The document consists of two main points: approval of the draft letter and authorization of the Minister of Finance to sign it. The project is implemented within the existing Framework Agreement between Ukraine and the EIB from 2005.

The key point is that this letter confirms the Ukrhydroenergo support project’s compliance with the existing Framework Agreement, which is a necessary condition for obtaining financing from the EIB. The signing is entrusted to Minister of Finance Serhii Marchenko.

**On Amendments to Certain Legislative Acts of Ukraine Regarding Restoration of Solvency of Certain State Enterprises in the Energy Sector in Critical Condition**

The law aims to restore the solvency of the State Enterprise ‘Eastern Mining and Processing Plant’ and extend the moratorium on bankruptcy of coal mining enterprises. A prohibition is established on initiating bankruptcy proceedings and terminating already opened proceedings regarding the SE ‘Eastern Mining and Processing Plant’ until January 1, 2026.Law on Amendments to Certain Legislative Acts Regarding Suspension of Enforcement Actions and Moratorium on Bankruptcy of State Coal Mining Enterprises

The law consists of two sections. The first section introduces amendments to three legislative acts: the Bankruptcy Procedure Code of Ukraine, the Law of Ukraine “On Enforcement Proceedings”, and the Law of Ukraine “On Restoration of Solvency of State Coal Mining Enterprises”. The second section contains final provisions.

Key provisions of the law:
– Suspension of enforcement actions and lifting of seizures on the property of SE “Eastern Mining and Processing Plant” until January 1, 2026
– Preservation of the possibility of collecting debt on wages, alimony, health damage compensation, and social contributions
– Extension of the moratorium on bankruptcy of coal mining enterprises until January 1, 2026
– Instruction to the Accounting Chamber to audit the use of budget funds to support coal mining enterprises

Law on Introducing Responsibility for Violations of Requirements for Maintenance and Operation of Civil Protection Protective Facilities

The law introduces administrative and criminal liability for violations of requirements for maintenance and operation of civil protection protective facilities. Amendments are made to the Code of Administrative Offenses and the Criminal Code of Ukraine.

Structurally, the law consists of two sections. The first section contains amendments to the Code of Administrative Offenses (9 points) and additions to the Criminal Code. The second section contains final provisions on entry into force and implementation of the law.

Key provisions of the law:
– Introduced administrative liability for failure to ensure access to protective facilities (fine of 100-200 non-taxable minimum incomes) and for violations of their maintenance requirements (150-300 non-taxable minimum incomes)
– Established criminal liability in the form of imprisonment for 3-8 years if the violation led to bodily injuries or death
– Expanded powers of the central executive body in the field of civil protection regarding consideration of administrative offense cases
– Increased fines for non-compliance with requirements of civil protection officials (200-1000 non-taxable minimum incomes)

Law on Amendments to the Law of Ukraine “On the Nature Reserve Fund of Ukraine”

The law amends the Law of Ukraine “On the Nature Reserve Fund of Ukraine”, clarifying the usage regime of nature reserve fund territories and expanding their classification. The main focus is on regulating vehicle traffic and defining powers for managing nature reserve fund territories.

Structurally, the law contains two parts: the first introduces amendments to seven articles of the basic law, the second contains final provisions. Key changes relate to the new version of Article 14, which details the regime of nature reserve fund territories and clarifies the powers of local councils in managing nature reserve fund objects.

Most important provisions of the law:
– Established a clear list of cases when vehicle traffic is allowed in nature reserve fund territories
– Defined that the regime of nature reserve fund territories is based on scientifically substantiated ecological requirements
– Provided for the development of a territory organization project for a nature reserve fund object for 5 years and a development strategy for 10 years
– Clarified the powers of local councils regarding creation and management of nature reserve objectsON AMENDMENTS TO CERTAIN LAWS OF UKRAINE REGARDING RESTORATION OF GREENHOUSE GAS EMISSIONS MONITORING, REPORTING, AND VERIFICATION

The Law restores and improves the system of monitoring, reporting, and verification of greenhouse gas emissions, which was suspended during martial law. A Unified Registry for Greenhouse Gas Emissions Monitoring is being created as a public electronic registry for recording installations and relevant documentation. Structurally, the law amends two Laws of Ukraine: ‘On the Principles of Monitoring, Reporting, and Verification of Greenhouse Gas Emissions’ and ‘On Protecting the Interests of Reporting Entities and Other Documents during Martial Law or War’. The main changes concern the creation and functioning of the Unified Registry, installation registration procedures, and reporting.

Key provisions:
– Defined the structure and content of the Unified Registry and the procedure for information entry
– Established a 10-day period for installation registration and registry updates
– Provided for report verification by EU-accredited entities
– Established special registration procedures for installations in combat zones
– Operators are exempted from submitting reports for 2021-2023, and the 2024 report can be submitted by the end of the law’s effective dateHere is the translation of the provided Ukrainian legal texts into English:

On Amendments to the Order of the Ministry of Health of Ukraine dated December 03, 2024 No. 2003

The order introduces technical changes to the procedures for conducting preventive medical examinations of children in different age groups, approved by the MOH order from 03.12.2024 No. 2003. Structurally, the order consists of 6 points and amends three documents: the order No. 2003 itself and two approved procedures – for examinations of children from birth to 4 years and children from 4 to 18 years. The main substantive changes include:

  • Clarification of terminology – the word ‘(stay)’ added after the word ‘residence’
  • Expansion of the list of issues for which parents provide consent – consent for the presence of educational process participants added
  • Clarification of the duration of medical examinations
  • Other changes are of a technical nature – correction of punctuation, text formatting, clarification of references to normative acts

On Amendments to the Order of the Ministry of Finance of Ukraine dated December 05, 2024 No. 621

The order introduces technical changes to the form of the Corporate Income Tax Declaration and its annexes. The changes relate to clarifying formulations and references in the document. Structurally, the order contains editorial amendments to the previous order No. 621 from 05.12.2024, which clarify formulations in several points and Annex AM. The main changes include replacement of words, numbers, and references for more accurate content reflection.

Key changes include: clarification of reference to Article 39 of the Tax Code, exclusion of reference to line 06.3 of DIA, correction of formulations in Annex AM regarding line 1.2.1. All changes are of a technical nature and aimed at improving the accuracy of formulations in tax reporting documents.

On Amendments to the Order of the Ministry of Finance of Ukraine dated December 03, 2024 No. 618

The order introduces technical changes to the Procedure for Submitting Notifications on Opening/Closing Accounts and Electronic Wallets of Taxpayers. The main changes relate to text formatting and clarification of formulations regarding the submission of information about securities accounts. Structurally, the order consists of 4 points that amend the previous order No. 618 from 03.12.2024. Most changes involve replacing punctuation marks, clarifying numbering, and editorial amendments in tables. The key change is a new formulation for filling out requisites in P and D file notifications regarding depository institutions that have ceased activities in the stock market. The procedure for providing information about previous securities accounts and escrow accounts of company shares has been clarified.

On Awarding State Honors to Diplomatic Service Employees

The decree concerns awarding state honors to Ukrainian diplomatic service employees for their contribution to interstate cooperation and professional diplom[atic service].

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