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Review of Ukrainian legislation for 12/11/2024

Changes for Banking Groups

The NBU has postponed the introduction of new requirements for capital and liquidity of banking groups. Banking groups must comply with LCR standards from April 1, 2025, and NSFR from July 1, 2025. Internal documents for calculating these coefficients must be approved by the respective dates.

Bank Licensing

The procedure for re-electing bank managers appointed during the state-assisted market exit has been simplified. Exceptions regarding the acquisition of shares in legal entities related to the aggressor state have been detailed. Banks must now notify the NBU of changes in managers’ questionnaires no later than the last day of the following month.

Maritime Security Strategy

An Interdepartmental Working Group has been created under the Cabinet of Ministers to coordinate the implementation of Ukraine’s Maritime Security Strategy. The group is headed by the Minister of Defense, with quarterly meetings. The group will monitor the Strategy’s implementation and prepare proposals for legislative improvements.

Demographic Development

A plan of measures for implementing the Demographic Development Strategy for 2024-2027 has been approved. The plan includes measures for returning Ukrainians from abroad, supporting families with children, improving medical services, and creating employment conditions.

Non-Banking Financial Institutions Regulation

The NBU has clarified the procedure for temporary administrators in non-banking financial institutions. Their remuneration is set at the level of the institution’s manager’s average monthly salary. The procedure for liability insurance and early termination of temporary administrators’ powers has been detailed.

Notarial Services

New tariffs for additional services of state notaries have been established. A mechanism for calculating service costs and fund distribution, including bonuses for notaries and consultants, has been defined. Exemptions from payment for certain categories of citizens are provided.

Unified Social Contribution

Changes have been made regarding the payment of UST by domestic workers. They are designated as a separate category of payers, with a special procedure for registration and deregistration upon termination of the employment contract.

Grants for Horticulture

Conditions for obtaining grants for vineyards have been simplified – the mandatory requirement for water intake in grape cultivation has been canceled, although other requirements remain mandatory.

Border Inspection Posts

Minimum requirements for border inspection posts for importing live animals and animal products have been approved. Standards for infrastructure, equipment, and documentation of such posts have been established.

Expert Commission on Cinema

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 11.11.2024. The document sets accounting prices per troy ounce for each of the four banking metals: gold – UAH 111,201.19, silver – UAH 1,301.43, platinum – UAH 40,513.95, palladium – UAH 41,371.30. A key caveat is that the established prices are reference prices and do not create obligations for the NBU to buy or sell banking metals at these prices. These prices are used by banks for accounting of banking metal operations and normative calculations.

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 34 foreign currencies as of 11.11.2024. 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 specified. Among the main currencies: US dollar – UAH 41.2982, euro – UAH 44.4864, pound sterling – UAH 53.4564. Key provisions:
– Rates are used for accounting purposes
– Applied for NBU operations with the State Treasury Service of Ukraine
– NBU does not undertake obligations to buy or sell currencies at the specified rates

On Amendments to Certain Regulatory Legal Acts of the National Bank of Ukraine

The NBU resolution amends regulatory acts regarding the regulation of banking group activities, specifically extending the terms for introducing new capital and liquidity requirements on a consolidated basis. Structurally, the resolution contains amendments to three NBU regulatory acts: Regulation on the Procedure for Regulating Banking Group Activities, NBU Resolution No. 2 dated 05.01.2024, and NBU Resolution No. 86 dated 17.07.2024. The main changes concern terminology and implementation timelines for new requirements. Key provisions:
– Term ‘insurance company’ is replaced with ‘insurer’
– New dates are set for calculating liquidity coefficients (LCR and NSFR) – postponed to 2025
– Banking groups must comply with the normative value of Liquidity Coverage Ratio (LCR) from 01.04.2025, and Net Stable Funding Ratio (NSFR) from 01.07.2025
– Internal group documents for coefficient calculation must be approved by 01.04.2025 and 01.07.2025, respectively

On Amendments to Certain Regulatory Legal Acts of the National Bank of Ukraine on Bank Licensing

The NBU resolution amends the Regulation on Bank Licensing and clarifies the procedure for approving bank managers. The main changes concern rules for acquiring shares in legal entities associated with the aggressor state and the procedure for approving bank managers. Structurally, the document amends four sections of the Regulation on Bank Licensing: Section II (regarding share acquisition in legal entities), Section IV (regarding regulatory legal acts), Section VI (regarding manager approval), and Section X (regarding document management). Key innovations:
– Exceptions for acquiring shares in legal entities associated with the aggressor state are detailed (through options, pension and investment funds, staff motivation systems)
– Procedure for re-electing bank managers appointed during bank market exit with state participation is simplified
– Bank is obliged to notify the NBU about changes in manager questionnairesTranslation:

[Regarding the first document about the Interdepartmental Working Group for Maritime Security Strategy]

The Resolution establishes an Interdepartmental Working Group to coordinate the implementation of Ukraine’s Maritime Security Strategy as a temporary advisory body under the Cabinet of Ministers of Ukraine. The group is headed by the Minister of Defense of Ukraine and includes representatives from almost all ministries and agencies at the deputy head level, as well as representatives from scientific institutions and public organizations. The document is structurally composed of a main part and two appendices: the composition of the Interdepartmental Group and its Regulations. The Regulations define the legal status, tasks, rights, and working procedure of the group.

Key provisions:
– The Group works as a coordination mechanism between authorities for implementing the Maritime Security Strategy
– Main tasks include monitoring Strategy implementation, preparing proposals for its implementation and legislative improvement
– Meetings are held at least once per quarter, decisions are made by majority vote
– Organizational support for the group’s work is assigned to the Ministry of Defense

[Regarding the second document about the Demographic Development Strategy Implementation Plan]

This Cabinet of Ministers Order approves an action plan for implementing Ukraine’s Demographic Development Strategy for 2024-2027. The plan is aimed at improving the country’s demographic situation.

The action plan is structured around 6 strategic goals:
1. Creating conditions for population migration growth
2. Increasing birth rates and supporting families
3. Reducing premature mortality
4. Activation in the labor market
5. Adapting to demographic aging
6. Developing opportunities for quality life

Key plan provisions include:
– Measures for returning Ukrainians from abroad and their reintegration
– Supporting families with children and stimulating birth rates
– Improving medical services and disease prevention
– Creating employment conditions for various population categories
– Developing infrastructure and barrier-free environment
– Providing housing and social protection

[Regarding the third document about National Bank of Ukraine regulatory changes]

National Bank Resolution No. 130 dated 31.10.2024 amends 4 regulations governing non-banking financial institutions’ activities, including:
– Clarifying grounds for certificate cancellation for temporary administrators
– Introducing possibilities for institution leadership to participate in NBU meetings
– Detailing procedures for appointing and terminating temporary administrators
– Refining procedures for insurance license revocation

Key innovations include:
– Determining temporary administrator compensation
– Detailing administrator liability insurance procedures
– Clarifying expense budget approval processes
– Regulating early termination of temporary administrator powers

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