Digest of Legislative Acts of Ukraine
Amendments to the Criminal Code and the Criminal Procedure Code
The Verkhovna Rada of Ukraine has adopted as a basis a draft law aimed at improving the procedure for conducting criminal proceedings under martial law. The draft was submitted by People’s Deputy Ionushas S.K. and provides for the adaptation of the criminal justice system to the specific requirements of wartime. The next step will be the refinement of the draft law by the Committee on Law Enforcement Activities.
Amendments to the Law on the Judiciary and Status of Judges
The Verkhovna Rada has adopted a draft law concerning the peculiarities of the qualification examination for judges. The draft law, submitted by Deputy Maslov, is aimed at improving the judicial process. The Committee on Legal Policy has been tasked with refining the document prior to the second reading.
Amendments to the Law on Physical Culture and Sports
The Verkhovna Rada of Ukraine has adopted as a basis a draft law concerning adaptive sports. The Cabinet of Ministers submitted this draft to enhance the activities of sports federations. The Committee on Youth and Sports is to refine the document taking into account the received proposals.
Amendments to Legislation in the Field of Health Care
The Verkhovna Rada has adopted a draft law concerning the training and professional development of medical workers. This draft law, submitted by the Cabinet of Ministers, will be refined by the Committee on National Health for further consideration.
Amendments to the Law on State Secrets
The Verkhovna Rada has sent the draft law on amendments to Article 8 for repeated first reading. This draft, submitted by People’s Deputy Venislavsky, will be reviewed by the Committee on National Security for further preparation.
Changes to the Agenda of the Verkhovna Rada Session
By resolution of the Verkhovna Rada, changes have been made to the agenda, which includes the inclusion of new draft laws for consideration. Among them are amendments to the legislation on state final certification and the admission campaign for 2025.
Procedure for Maintaining the Register of Deported Children
The Cabinet of Ministers has approved the procedure for creating a Register of Information on Children Who Have Been Deported. An interagency commission will be responsible for verifying the information, while the Ministry of Justice will manage the register and exchange information with international organizations.
Experimental Project “Sandbox”
The Cabinet of Ministers has adopted a resolution for the implementation of an experimental project aimed at organizing research on high-tech tools. The project will last for two years and will support legal entities in Ukraine in the implementation of innovative technologies.
Changes to the Rules for Logging in the Forests of Ukraine
By resolution of the Cabinet of Ministers, changes have been made to the logging rules in forests. The changes relate to the examination of plantations, composition of commissions, and clarification of requirements for forest care.
Consolidation of Constitutional Proceedings
The Constitutional Court of Ukraine has decided to consolidate constitutional proceedings regarding the compliance of certain legislative norms with the Constitution of Ukraine. This decision will save time and resources for the court.
Amendments to the Procedure for Submitting Applications for Professional Education
An order from the Ministry of Education introduces changes to the procedure for submitting applications for professional education. The changes include clarification of the application submission mechanism and registration of the electronic cabinet.
Amendments to the Occupational Safety Procedure
An order from the Ministry of Economy approves changes to training on occupational safety issues, including a new topic on psychosocial support. The changes take effect from the moment of official publication.
Procedure for Developing Waste Management Plans
An order from the Ministry of Environmental Protection approves the procedure for developing waste management plans. The plans should include an analysis of the state of waste management and monitoring of their implementation.
Review of each of legal acts published today:On the Accounting Price of Bank Metals
The National Bank of Ukraine has published the accounting prices for bank metals as of November 1, 2024. In particular, the accounting price of gold is 114,299.75 hryvnias per troy ounce, silver – 1,377.45 hryvnias, platinum – 41,519.07 hryvnias, and palladium – 46,969.92 hryvnias. It is important to note that these prices do not obligate the National Bank of Ukraine to buy or sell these metals at the indicated prices.
On the Official Exchange Rate of the Hryvnia Against Foreign Currencies
The National Bank of Ukraine has published the official exchange rate of the hryvnia against foreign currencies as of November 1, 2024. The rate includes various currencies, such as the US dollar (41.2194 UAH), euro (44.8467 UAH), and British pound (53.4904 UAH). These rates are used for accounting purposes and operations of the NBU, but do not obligate the bank to buy or sell currencies at these rates.
On the Dismissal of A. Kostin from the Position of the Prosecutor General
By a decree of the President of Ukraine, Andriy Kostin has been dismissed from the position of Prosecutor General. The decree was signed on October 31, 2024.
The Verkhovna Rada of Ukraine has adopted in principle the draft law on amendments to the Law “On the Judiciary and the Status of Judges,” aimed at improving the process of making and proclaiming judicial decisions. The draft, submitted by People’s Deputy D.V. Maslov, will be further refined by the Committee on Legal Policy, taking into account proposals and amendments, after which it is planned to be presented for consideration in the second reading.
Analysis of the Resolution of the Verkhovna Rada of Ukraine No. 4052-IX dated October 30, 2024
Adoption in Principle of the Draft Law
The Verkhovna Rada of Ukraine has adopted a resolution regarding the adoption in principle of the draft law of Ukraine, which provides for amendments to the Criminal Code and Criminal Procedure Code of Ukraine. The main goal of these amendments is to improve the procedure for conducting criminal proceedings in a state of war.
The Draft Law and Its Authors
According to the resolution, the basis for this initiative is the draft law No. 11265, submitted by People’s Deputy of Ukraine S.K. Ionushas together with other People’s Deputies. This draft aims to adapt the criminal legal system to the specific requirements arising during a state of war, ensuring more effective and prompt conduct of criminal proceedings.
The Role of the Verkhovna Rada Committee
The resolution also defines tasks for the Committee of the Verkhovna Rada of Ukraine on Law Enforcement Activities. The Committee is obliged to further refine the proposed draft law, considering the amendments and proposals from subjects of legislative initiative. This means that before the draft law is considered in the second reading, it will undergo detailed analysis and will be adjusted based on various viewpoints and expert recommendations.
Further Steps
After refining the draft law, the Committee must submit it for consideration by the Verkhovna Rada of Ukraine for a second reading. This stage of consideration allows parliamentary factions to discuss the draft law in full, express their remarks and proposals, after which voting on the draft law may take place.
Signature and Official Details
The resolution was signed by the Chairman of the Verkhovna Rada of Ukraine R. Stefanchuk. The document was officially approved in the city of Kyiv on October 30, 2024, under number 4052-IX.
The Verkhovna Rada of Ukraine has adopted in principle the draft law on amendments to the Law “On Physical Culture and Sports,” which pertains to adaptive sports. The Cabinet of Ministers of Ukraine submitted this draft, and the Committee of the Verkhovna Rada on Youth and Sports has been tasked with refining it based on the proposals and amendments received. After that, the draft law will be submitted for consideration in the second reading.
On the Adoption in Principle of the Draft Law of Ukraine on Amendments to the Law of Ukraine “On Physical Culture and Sports” Regarding the Improvement of the Activities of Sports Federations and Clarification of Certain Provisions
By a resolution of the Verkhovna Rada of Ukraine, the draft law on amendments to the Law “On Physical Culture and Sports” has been adopted in principle. The main goal of the amendments is to improve the activities of sports federations and clarify certain provisions. The Committee on Youth and Sports has been tasked with refining the draft law considering the proposals and amendments, after which it will be presented for consideration in the second reading.
On the Adoption in Principle of the Draft Law of Ukraine on Amendments to Certain Legislative Acts of Ukraine Regarding the Preparation, Continuous Professional Development, and Professional Activities in the Field of Healthcare
The Verkhovna Rada of Ukraine has adopted in principle the draft law of Ukraine, which provides for amendments to legislation in the field of healthcare. These amendments concern the preparation, continuous professional development, and professional activities of medical workers. The draft law, submitted by the Cabinet of Ministers, will be refined by the Committee of the Verkhovna Rada on National Health, considering the proposals and amendments, and will be presented for the second reading.
On the Referral for Repeated First Reading of the Draft Law of Ukraine on Amendments to Article 8 of the Law of Ukraine “On State Secrets”
The Verkhovna Rada of Ukraine has adopted a resolution regarding the referral of the draft law of Ukraine on amendments to Article 8 of the Law of Ukraine “On State Secrets” for repeated first reading. This draft, submitted by People’s Deputy V.F. Venislavskyi, will be reviewed by the Committee of the Verkhovna Rada on National Security, Defense, and Intelligence for further preparation.
Analysis of the Resolution of the Verkhovna Rada of Ukraine No. 4031-IX
Adoption in Principle of the Draft Law of Ukraine on Amendments to the Law of Ukraine “On the Judiciary and the Status of Judges” Regarding the Features of Passing the Qualification Exam
This resolution of the Verkhovna Rada of Ukraine marks an important stage in the improvement of legislation regulating the judicial system of the country. The main provisions of the resolution are as follows:
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Adoption in Principle of the Draft Law:
The Verkhovna Rada of Ukraine adopts in principle the draft law of Ukraine No. 11425-d, which introduces amendments to the Law of Ukraine “On the Judiciary and the Status of Judges.” This draft was submitted by People’s Deputy of Ukraine D.V. Maslov and other People’s Deputies of Ukraine. The main focus of the draft is on the features of passing the qualification exam for judges. -
Further Refinement of the Draft Law by the Committee on Legal Policy:
The Committee of the Verkhovna Rada of Ukraine on Legal Policy is tasked with further refining the mentioned draft law. The Committee must consider the proposals and amendments from subjects of legislative initiative, as well as review the proposals outlined in the Committee’s conclusion on legal policy dated October 22, 2024. This process corresponds to part one of Article 116 of the Regulations of the Verkhovna Rada of Ukraine.
After refinement, the Committee must submit the draft law for consideration by the Verkhovna Rada of Ukraine for the second reading. This means that the draft law will go through another stage of discussion and voting among the People’s Deputies before final adoption.
The resolution was signed by the Chairman of the Verkhovna Rada of Ukraine Roman Stefanchuk and published in the city of Kyiv on October 29, 2024, under number 4031-IX.
The Verkhovna Rada of Ukraine has adopted in principle the draft lawивного судочинства України та окремого припису пункту 1 частини п’ятої статті 361 цього Кодексу. Це рішення прийнято з метою забезпечення єдності судової практики та ефективного розгляду справ. Конституційний Суд зобов’язав провести слухання у справі, що стосується правових питань, піднятих у скаргах, та визначити, чи є відповідні положення Кодексу адміністративного судочинства України такими, що відповідають Конституції України.of the law in regard to the issuance and circulation of corporate bonds.
**Order of the Constitutional Court of Ukraine on the consolidation of constitutional proceedings in the case of constitutional complaints of Dovzhenko Viktor Vasylovych, Pryshchepa Valentyna Yosypivna regarding the compliance with the Constitution of Ukraine (constitutionality) of the second part of Article 8 of the Law of Ukraine “On the State Budget of Ukraine for 2024”, in the case of the constitutional complaint of Voitevych Raisa Mykolaivna regarding the compliance with the Constitution of Ukraine (constitutionality) of the second part of Article 8 of the Law of Ukraine “On the State Budget of Ukraine for 2024” and in the case of the constitutional complaint of Grymashevych Andrii Volodymyrovych regarding the compliance with the Constitution of Ukraine (constitutionality) of the second part of Article 8 of the Law of Ukraine “On the State Budget of Ukraine for 2024″**
The Grand Chamber of the Constitutional Court of Ukraine has decided to consolidate constitutional proceedings in the cases of constitutional complaints from four individuals challenging the constitutionality of the second part of Article 8 of the Law of Ukraine “On the State Budget of Ukraine for 2024”. This decision is based on the fact that all complaints relate to the same issue – the compliance of the specified norm with the Constitution of Ukraine. The consolidated proceedings will be considered by the Second Senate of the Constitutional Court, with judges Peromaiskyi O.O. and Yurovskyi H.V. appointed as reporting judges.
**On Amending the Order of the Ministry of Education and Science of Ukraine dated August 30, 2024, No. 1232**
The Order of the Ministry of Education and Science of Ukraine No. 1353 dated September 20, 2024, introduces amendments to the previous order No. 1232 regarding the procedure for submitting and reviewing applications in electronic form for obtaining vocational (vocational-technical) education. The main changes include correction of terminology, clarification of wording in headings and sections, as well as amendments to the text of the procedure itself, particularly concerning the definition of the application submission mechanism, registration of the electronic cabinet, and acceptance of the application by the admissions committee. The order comes into effect upon official publication.
**On Amending the Order of the Ministry of Economy of Ukraine dated August 29, 2024, No. 22778**
The Order of the Ministry of Economy of Ukraine dated September 20, 2024, No. 23937, introduces amendments to the previous order dated August 29, 2024, No. 22778, concerning the approval of amendments to Annex 4 of the Standard Regulation on the procedure for training and checking knowledge on labor protection issues. The changes include corrections to the wording in headings and points of the document, as well as clarifications regarding references to previous regulatory acts. The order comes into effect upon official publication.
**On Amending the Order of the Ministry of Finance of Ukraine dated July 16, 2019, No. 308**
The Order of the Ministry of Finance of Ukraine dated September 11, 2024, No. 440, introduces amendments to the forms of applications for the application of the simplified taxation system, calculation of income, and request for obtaining an extract from the register of single tax payers, previously approved. In particular, the requirements for indicating patronymics in documents have been clarified, information about the right to make payments has been added, and changes have been made to the wording concerning income in monetary form. The order comes into effect 60 days after official publication.
**On Approving the Procedure for Disclosing Information on the Quality of Electronic Communication Services**
The resolution of the National Commission approves a new Procedure for Disclosing Information on the Quality of Electronic Communication Services, aimed at ensuring regular consumer information about the quality levels of services provided by suppliers. It defines the obligations of suppliers to publish reliable and up-to-date information on their websites, including quality indicators such as connection time, percentage of unsuccessful calls, and data transmission speed. Suppliers are required to conduct quality testing at least once a year and update the information no later than January 31 of the following year. The resolution comes into effect on January 1, 2025.
**On Approving Amendments to Section 1 of Annex 2 to the Procedure for Completing and Submitting Tax Calculations of Income Amounts Accrued (Paid) for Taxpayers – Individuals, and Amounts of Tax Withheld from Them, as well as Amounts of Accrued Unified Contributions**
The Order of the Ministry of Finance of Ukraine dated September 10, 2024, No. 435, approves changes to the Procedure for Completing and Submitting Tax Calculations of Individuals’ Income and Amounts of Tax Withheld from Them. The changes relate to clarifying columns in tax reporting, including the introduction of new lines to reflect pension contributions, charitable assistance, and other payments related to military personnel and individuals participating in combat actions. It is also noted that the changes come into effect on October 1, 2024.
**On Approving the Regulation on the Procedure for Issuing Corporate Bonds and Their Circulation**
The National Securities and Stock Market Commission has approved a Regulation that details the procedure for issuing corporate bonds and their further circulation on the market. The main provisions of this Regulation include the following aspects:
– **Definitions and General Conditions for Issuing Corporate Bonds:** The Regulation begins with clear definitions of key terms such as “corporate bonds,” “issuance,” and “epicenter,” ensuring unambiguous interpretation of the document. General criteria are established that companies must meet to issue bonds, including financial stability, transparency of operations, and compliance with market requirements.
– **Establishment of Registration Requirements for Bond Issues, Approval of Prospectuses, and Reports on Issuance Results:** For the official issuance of bonds, a company must undergo a registration process that includes submitting a detailed issuance prospectus. The prospectus must contain information about the issuer’s financial condition, terms of issuance, and redemption of bonds. After successful issuance, the company is required to submit a report on the results of the issuance, allowing regulatory authorities to monitor compliance with the conditions stated in the prospectus.
– **Regulation of the Bond Redemption Process, Including the Possibility of Early Redemption:** The Regulation details procedures and timelines for bond redemption, specifying when and how the issuer is obliged to return the principal amount of debt and interest to investors. The possibility of early redemption of bonds is also provided, which can be executed under certain conditions, such as the availability of financial reserves or changes in the company’s financial policy.
– **Conditions for Issuing Green and Infrastructure Bonds, Including Requirements for Funding Environmental Projects:** For the issuance of special categories of bonds, such as green or infrastructure bonds, additional requirements are established. Companies must confirm that the funds raised will be directed to environmental or infrastructure projects, according to defined standards. This includes submitting detailed funding plans and reporting on the use of funds.
– **Procedures for Making Changes to Bond Issuance Decisions and Prospectuses:** If there is a need to change the terms of issuance or information in the prospectus, the Regulation provides a clear procedure for making such changes. This includes obtaining approval for changes from regulatory authorities and notifying investors about updated information.
– **Document Requirements for Registration and Reporting:** Companies issuing bonds must provide a range of documents for the registration of the issuance and subsequent reporting. This includes financial statements, prospectuses, reports on issuance results, and other necessary materials that ensure transparency and compliance with regulatory requirements.
– **Oversight of Compliance with Issuance and Circulation Conditions is Assigned to the NSSMC:** The National Securities and Stock Market Commission is responsible for overseeing compliance with established conditions for the issuance and circulation of bonds. This includes verifying submitted documents, monitoring the use of raised funds, and ensuring transparency in the securities market.
This Regulation comes into effect on November 1, 2024, marking the start of its implementation and mandatory compliance with the established legal framework regarding the issuance and circulation of corporate bonds.The following act regulates the procedure for the conversion of corporate bonds, which includes several key aspects:
- Notification procedure for bondholders: The issuer is required to provide clear and timely notification to bondholders of the intention to convert their bonds. This notification must contain all necessary information regarding the terms and timelines of the conversion.
- Conducting meetings for consent to conversion: Prior to the conversion, it is necessary to organize meetings of bondholders to obtain their consent. Procedures for conducting such meetings are established, including quorum requirements and the necessary majority of votes for decision-making.
- Bond redemption timelines: The act specifies particular timelines within which the issuer must redeem the bonds after obtaining the consent of the bondholders. This ensures that the conversion process occurs in a timely manner.
- Documentation requirements to be submitted by the issuer: For successful conversion, the issuer must submit a specific package of documents to the National Commission on Securities and Stock Market (NCSSM), including minutes of bondholders’ meetings, updated prospectuses, or agreements reflecting the new terms of the bonds post-conversion.
- Conditions for the replacement of the issuer: If there is a need to replace the issuer of the bonds, the act provides that such a replacement is only possible with the consent of the bondholders. The procedure includes obtaining written consent and submitting the relevant documentation to the National Commission for approval.
- Procedures for halting the circulation of bonds in the case of liquidation or bankruptcy of the issuer: In the event of liquidation or bankruptcy of the issuing company, clear procedures are established for halting the trading of bonds. This includes notifying investors, suspending trading, and determining the order of debt obligation repayment.
- Procedure for the cancellation of bond issuance registration: The act specifies the conditions under which the registration of the bond issuance may be canceled. This may occur, for example, in the event of non-compliance with issuance conditions or significant changes in the issuer’s financial status.
- Requirements for the use of funds raised through green bonds: For bonds issued for the purpose of financing environmental projects, special requirements for transparency and reporting regarding the use of raised funds are established. The issuer must confirm that the funds will be directed specifically toward environmental initiatives, in accordance with defined standards.
- Content of the verifier’s report: After the completion of the conversion process or the use of funds from green bonds, the issuer is obligated to prepare a report, which is verified by an independent verifier. This report must contain a detailed description of the use of funds and confirmation of compliance with established requirements.
These provisions ensure transparency and protect the interests of corporate bondholders, regulating all stages of conversion and changes in the structure of bond issuance, as well as establishing mechanisms for compliance with environmental standards in the case of specialized bond issuance.
On the Approval of the Procedure for Submission and Consideration of Applications in Electronic Form for Obtaining Professional (Vocational) Education
The Order of the Ministry of Education and Science of Ukraine dated August 30, 2024, No. 1232 approves the Procedure for Submission and Consideration of Applications in Electronic Form for Obtaining Professional (Vocational) Education. This document defines the mechanism for electronic admission, including procedures for registering the applicant’s electronic cabinet, submitting applications, and their statuses, which may change during the review by the educational institution’s commission. Applicants can submit applications to up to five institutions simultaneously, and educational institutions are obliged to process applications within specified timeframes. Application statuses, such as “Registered in the Unified State Electronic Database of Education (EDEBO),” “Admitted to the Competition,” or “Recommended for Enrollment,” reflect the stages of the admission process. The order comes into effect upon official publication.
On the Approval of Amendments to Appendix 4 to the Model Regulation on the Procedure for Training and Testing Knowledge on Labor Protection Issues
The order of the Ministry of Economy of Ukraine dated August 29, 2024, approves amendments to the Model Regulation on the Procedure for Training and Testing Knowledge on Labor Protection Issues. The main innovation is the addition of a topic on psychosocial support and first psychological aid in the workplace, emphasizing the importance of employees’ mental health. The amendments also provide for updating the thematic plan and program related to the management of psychosocial risks, stress, and discrimination in the workplace. These changes take effect upon official publication.
On the Approval of the Procedure for Developing Waste Management Plans for Enterprises, Institutions, and Organizations
The Order of the Ministry of Environmental Protection and Natural Resources of Ukraine dated August 9, 2024, No. 1003 approves the Procedure for Developing Waste Management Plans for enterprises, institutions, and organizations. The primary goal of the document is to establish unified rules for the creation, approval, and amendment of such plans, which are mandatory for all waste producers. Waste management plans are developed for a five-year term and must include an analysis of the current state of the waste management system, planning for new systems, and monitoring their implementation. They must be approved by a relevant executive document of the enterprise. The document also defines timelines for developing and amending plans, particularly in cases of changes in the volume of waste generation or the emergence of new types of waste. The procedure details the structure of the plan, including sections on the characteristics of the enterprise, analysis of waste generation, and planned measures for waste reduction.
