Digest of Legislative Changes
Accounting Prices for Bank Metals (NBU)
The National Bank of Ukraine has set accounting prices for bank metals – gold, silver, platinum, and palladium. These prices are used for accounting and valuation of assets in bank metals. The NBU is not obliged to buy or sell these metals at the specified prices.
Official Exchange Rate of Hryvnia to Foreign Currencies and SDR (NBU)
The National Bank of Ukraine has set the official exchange rate of the hryvnia to foreign currencies and SDR. These rates are used for accounting and NBU’s transactions with the State Treasury Service of Ukraine. The NBU is not obliged to buy or sell these currencies at the specified rates.
Order of the President of Ukraine Regarding the Delegation for Negotiations with the IBRD
The President of Ukraine issued an order on the formation of a delegation for negotiations with the International Bank for Reconstruction and Development regarding additional financing for the “Support for Reconstruction through Smart Fiscal Management” program. The order also approves directives for the delegation and authorizes the Minister of Finance to sign the agreement.
Resolution No. 100 on Amendments to the Regulation on Prudential Requirements for Financial Companies
Amendments have been made to the requirements for the own capital of financial companies. New minimum amounts of own capital have been established depending on the types of financial services. The procedure for taking into account subordinated debt in the own capital and the rules for deductions from the own capital have been determined.
Resolution on Amendments to the Procedure for Granting Microgrants for the Creation or Development of Own Business
Opportunities for entrepreneurs working in creative industries have been expanded, the maximum amounts of microgrants for such entrepreneurs have been increased, and the list of areas in which these funds can be used has been expanded. The amount of the microgrant for creative industries can reach 1 million hryvnias, depending on the number of jobs created.
Resolution on Approval of the Procedure for Granting Approvals for Attracting Loans by State-Owned Enterprises
The procedure for obtaining approvals for attracting loans, borrowings, providing guarantees or sureties by state-owned enterprises and business associations in whose statutory capital the state owns 50% or more of shares (stakes) has been determined. This applies to both external and internal borrowings, both long-term and short-term. It is important to clearly understand which body to apply to for approval – the Ministry of Finance or the authorized body, depending on the type of borrowing.
Order of the Ministry of Energy of Ukraine on Amendments to the Methodology for Determining National Weighted Primary Energy Factors
Technical amendments have been made to Order No. 288 of July 31, 2025, which approves the Methodology for Determining National Weighted Primary Energy Factors. The changes concern the clarification of names, references to legislation, and correction of grammatical errors. The order comes into force after publication, but not earlier than the abolition of martial law.
Order on Approval of the Methodology for Determining National Weighted Primary Energy Factors
The Methodology for Determining National Weighted Primary Energy Factors has been approved. The methodology is necessary for assessing energy efficiency, analyzing the compliance of Ukrainian indicators with European Union standards, and calculating primary energy factors for electrical and thermal energy. The Cabinet of Ministers of Ukraine determines national weighted primary energy factors in accordance with this Methodology and reviews them at least once every five years.
Order of the State Service of Special Communications and Information Protection Administration No. 438 on Requirements for Legal Entities and Individual Entrepreneurs Conducting Conformity Assessment of Information Systems to the Target Security Profile
The Requirements for Legal Entities and Individual Entrepreneurs Conducting Conformity Assessment of Information, Electronic Communication, Information and Communication, and Technological Systems to the Target Security Profile have been approved. A key requirement is the availability of a license to carry out activities in the field of cryptographic and technical information protection or a permit to carry out work on technical information protection for own needs. The order is valid during martial law in Ukraine.
ECtHR Judgment in the Case of “Bondar v. Ukraine”
The ECtHR found a violation of the applicants’ right to property in land plots, as they were not provided with any compensation or other redress for the lost property. The court ordered Ukraine to restore the applicants’ property rights to the land plots or provide them with adequate compensation.
ECtHR Judgment in the Case of “Horopashyn v. Ukraine”
The ECtHR found a violation of the applicant’s right to property in a land plot, which was declared invalid twenty years after its acquisition, as the applicant was deprived of property without due compensation. The Court emphasized that the state must bear the risk of errors made by its bodies and ensure fair compensation to persons whose property rights have been violated as a result of such errors.
Review of each of legal acts published today:
### **On the accounting price of banking metals**
This document is an official notification from the National Bank of Ukraine (NBU) regarding the accounting prices for banking metals, set for September 5, 2025.
**Structure and Main Provisions:**
The document contains a table with information on the accounting prices for gold (XAU), silver (XAG), platinum (XPT), and palladium (XPD). For each metal, a digital and letter code, the number of troy ounces (1), and the accounting price in hryvnias are indicated. Importantly, the NBU notes that it has no obligation to buy or sell these metals at the specified prices.
**Main Provisions for Use:**
These accounting prices can be used for accounting purposes, asset valuation in banking metals, tax calculation (if provided by law), and other financial transactions where an official valuation of banking metals is required for a specific date.
### **On the official exchange rate of the hryvnia against foreign currencies**
This document is an official notification from the National Bank of Ukraine (NBU) regarding the establishment of the official exchange rate of the hryvnia against foreign currencies and SDRs (Special Drawing Rights) for a specific date – September 5, 2025.
The document structure is simple: it is a list of currencies, each identified by a digital and letter code, indicating the number of currency units and the corresponding official exchange rate of the hryvnia. It is important that these rates are used for accounting purposes, NBU transactions with the State Treasury Service of Ukraine (DKSU), and in other cases provided by law.
Most importantly, the NBU does not undertake any obligation to buy or sell these currencies at the specified rates. This means that the rate is used for accounting purposes and not for currency interventions in the market.
### **On the delegation of Ukraine for participation in negotiations with the International Bank for Reconstruction and Development regarding the conclusion of a Loan Agreement (Additional Financing of the “Supporting Recovery Through Smart Fiscal Governance” (SURGE) Program between Ukraine and the International Bank for Reconstruction and Development**
Good day! Here is a brief description of the Order of the President of Ukraine regarding the delegation for negotiations with the IBRD:
1. **Essence of the Order:** The order concerns the formation of a delegation of Ukraine to conduct negotiations with the International Bank for Reconstruction and Development (IBRD) regarding the conclusion of a loan agreement. This loan is additional financing for the “Supporting Recovery Through Smart Fiscal Governance” (SURGE) program. The order also approves directives for the delegation and authorizes the Minister of Finance to sign the agreement.
2. **Structure and Main Provisions:**
* The order consists of
consists of three points.
* The first point forms a delegation, defines its composition headed by the Deputy Minister of Finance, and allows the head of the delegation to make changes to the composition in coordination with the Ministry of Foreign Affairs.
* The second point approves the directives for the delegation (attached, for official use).
* The third point authorizes the Minister of Finance of Ukraine to sign the loan agreement.
* There are no changes compared to previous versions, as this is a separate order issued for a specific purpose.
3. **Key provisions for use:** The composition of the delegation is the most important, as these individuals will represent Ukraine’s interests in the negotiations. Also important is the fact that the Minister of Finance is authorized to sign the agreement, which allows for the prompt completion of the financing process.
On Approval of Amendments to the Regulation on Prudential Requirements for Financial Companies
Good day! I am happy to explain the main provisions of this act to you.
1. **Essence of the Law:**
Resolution No. 100 of August 27, 2025, amends the Regulation on Prudential Requirements for Financial Companies. The changes concern the requirements for the own capital of financial companies, in particular, new minimum amounts of own capital are established depending on the types of financial services that the company has the right to provide. Also, the procedure for taking into account subordinated debt in the own capital and the rules for deductions from the own capital are determined.
2. **Structure and Main Provisions:**
* The Law changes the requirements for the minimum amount of own capital of financial companies, differentiating them depending on the types of services that the company provides (guarantees, foreign exchange transactions, lending, leasing, factoring).
* Establishes clear rules for deductions from own capital, including asset revaluation, long-term investments, reserve capital, and additional capital received from certain sources.
* Details the procedure for taking into account subordinated debt in the own capital, including the need to obtain permission from the NBU and the rules for gradually reducing the amount taken into account during the last five years of the agreement.
* An annex has been added with a schedule for reducing the amount of subordinated debt included in own capital, with specific calculation examples.
3. **Key provisions for use:**
* Financial companies should pay attention to the new minimum requirements for own capital, as they depend on the licensed types of activities.
* It is important to take into account the rules for deductions from own capital in order to correctly assess its sufficiency.
* When raising subordinated debt, it is necessary to obtain the appropriate permission from the NBU and adhere to the schedule for reducing the amount of debt included in the capital.
I hope this explanation was helpful.
