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[:uk]Review of Ukrainian legislation for 07/10/2024[:]

[:uk]The National Bank of Ukraine has published the accounting prices for banking metals as of October 7, 2024: gold – 109,644.69 UAH per troy ounce, silver – 1,324.94 UAH, platinum – 41,407.89 UAH, palladium – 41,538.04 UAH. These prices do not constitute an obligation of the NBU regarding their purchase or sale.

Additionally, the NBU has published the official exchange rate of the hryvnia against foreign currencies for the same date: US dollar – 41.1859 UAH, euro – 45.4322 UAH, British pound – 54.2315 UAH. This exchange rate serves for accounting purposes and transactions with the state treasury.

The Cabinet of Ministers of Ukraine has approved the Demographic Development Strategy of Ukraine until 2040, aimed at overcoming negative demographic trends, including population decline, low birth rates, high mortality rates, and emigration. The strategy identifies key issues and principles of implementation, including increasing the birth rate and creating conditions for the return of emigrants.

The Ministry of Finance of Ukraine issued Order No. 418, which amends the previous Order No. 400, clarifying the procedure for filling out tax invoices and adjusting the numbering of columns. These changes are aimed at ensuring clarity in tax reporting.

Moreover, Order No. 400 updates the forms of tax documentation, including tax invoices and VAT declarations, with a focus on the export of certain types of goods. New lines have been introduced to reflect export transactions, and the procedure for adjusting tax liabilities has been detailed.

Review of each of legal acts published today:

**On the Accounting Prices of Banking Metals**
The National Bank of Ukraine has published the accounting prices for banking metals as of October 7, 2024. According to the announcement, the accounting price of gold is UAH 109,644.69 per troy ounce, silver is UAH 1,324.94, platinum is UAH 41,407.89, and palladium is UAH 41,538.04. It is important to note that these prices do not obligate the National Bank to buy or sell these metals at the specified rates.

**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 October 7, 2024. The document lists the rates for various currencies, including the US dollar (UAH 41.1859), euro (UAH 45.4322), and British pound (UAH 54.2315). The rate is determined for accounting purposes and operations with the state treasury but does not obligate the NBU to buy or sell currencies at the specified rates.

**On the Appointment of Edema Bekirovich Adamov as Deputy Minister of Health of Ukraine**
This act is an order from the Cabinet of Ministers of Ukraine regarding the appointment of Edema Bekirovich Adamov to the position of Deputy Minister of Health of Ukraine. The order is signed by the Prime Minister of Ukraine, Denys Shmyhal.

**On the Approval of the Demographic Development Strategy of Ukraine for the Period Until 2040**
The Demographic Development Strategy of Ukraine for the period until 2040, approved by the Cabinet of Ministers of Ukraine by order dated September 30, 2024, No. 922-r, is a comprehensive document aimed at overcoming negative demographic trends exacerbated by the armed aggression of the Russian Federation against Ukraine.

**The main goal of the Strategy** is to ensure sustainable and long-term reproduction of the population of Ukraine, improve its socio-demographic characteristics, and form the demographic resilience of the state.

**The Strategy identifies the following key issues:**

1. **Rapid population decline** due to depopulation and large-scale labor migration. The population of Ukraine has significantly decreased and is projected to decline to 28.9 million by 2041.

2. **Low birth rate.** The total fertility rate is at 0.9, which is nearly half the level required for simple population reproduction.

3. **High premature mortality rate,** particularly among men, caused by both military actions and chronic diseases, unhealthy lifestyles, and other factors.

4. **Mass forced emigration of the population,** especially women and children, due to armed aggression. Approximately 5 million Ukrainians are currently abroad.

5. **Demographic aging.** The share of individuals aged 65 and older has increased to 22% in 2024, leading to increased burdens on the social protection system and the working population.

6. **Mass internal displacement of the population,** which negatively impacts the demographic situation due to changes in family plans regarding childbirth and insufficient social infrastructure in receiving communities.

**Key principles for the implementation of the Strategy:**

– Human-centeredness.
– Respect for individual choice.
– Equality and non-discrimination.
– Effectiveness and efficiency.
– Inclusiveness.
– Consideration of regional specifics.
– Informational objectivity.
– Rule of law.
– Ensuring a culture of safe living.

**Strategic goals and objectives of the Strategy:**

1. **Creating conditions for population migration growth and reducing the outflow of Ukrainians abroad**

– **Facilitating the voluntary return of Ukrainians from abroad.**
– **Deepening cooperation with the Ukrainian diaspora.**
– **Attracting migrants from among foreign citizens** to meet labor market needs.
– **Reducing the outflow of youth abroad** through investment in education and vocational training.

2. **Creating conditions to increase the birth rate and support families**

– **Overcoming negative stereotypes regarding motherhood and fatherhood.**
– **Improving the reproductive health of the nation.**
– **Forming a family-friendly environment.**
– **Increasing the economic self-sufficiency of families.**
– **Providing comprehensive state support for families with children.**
– **Encouraging the upbringing of children in biological families** or in other family forms when not possible.

3. **Reducing premature mortality rates**

– **Promoting a healthy lifestyle.**
– **Early detection and prevention of diseases.**
– **Reducing risk factors for injury or mortality.**
– **Increasing accessibility and quality of medical care.**
– **Developing infrastructure for healthy leisure.**

4. **Activating the maximum number of citizens who can work in the labor market**

– **Analyzing and forecasting labor market needs.**
– **Facilitating the return of persons with disabilities, veterans, older persons, and internally displaced persons to the labor market.**
– **Increasing youth employment rates after graduation.**
– **Modernizing labor legislation** in accordance with EU law.

5. **Adapting society to demographic aging and creating conditions for active longevity**

– **Supporting the health and well-being of older individuals.**
– **Creating conditions for their active life.**
– **Ensuring quality of life and social integration for older individuals.**

6. **Developing opportunities for quality life. Ukraine is a country where one wants to live**

– **Creating a safe environment.**
– **Increasing citizens’ trust in the state.**
– **Ensuring barrier-free access at all infrastructure facilities.**
– **Developing mechanisms to provide housing for citizens.**
– **Increasing the accessibility and quality of social infrastructure.**
– **Social cohesion of Ukrainian society.**

**Financial support for the implementation of the Strategy** will be provided from state and local budgets, as well as other sources not prohibited by law. It is also planned to attract investments, humanitarian, and international technical assistance.

**Monitoring and evaluation procedure for the results of the Strategy implementation:**

– The implementation of the Strategy will take place from 2024 to 2040.
– Development and approval of operational plans for activities for each three-year period.
– Annual monitoring and evaluation of the results of the Strategy implementation, preparation of reports to the Cabinet of Ministers of Ukraine.
– Determining indicative indicators for monitoring, including population size, birth and death rates, life expectancy, demographic burden, etc.

**The operational plan for activities for 2024-2027** includes:

1. **Establishing an interagency working group** to develop a plan of action for implementing the Strategy.
2. **Conducting strategic sessions** to refine the plan of action.
3. **Developing and approving an action plan** for implementing the Strategy.
4. **Conducting an evaluation of the results** of the Strategy implementation and preparing annual reports.
5. **Developing and approving subsequent operational plans of action** for 2028-2030 and beyond.

**The overall approach of the Strategy** is to comprehensively address demographic issues by creating favorable conditions for living, working, and developing Ukrainians, encouraging the return of citizens from abroad, supporting families, improving the health of the population, and adapting to demographic changes.

**On Amending the Order of the Ministry of Finance of Ukraine dated August 9, 2024, No. 400**
On August 28, 2024, the Ministry of Finance of Ukraine issued Order No. 418 amending the order dated August 9, 2024, No. 400. This order was registered with the Ministry of Justice of Ukraine on September 3, 2024, under No. 1343/42688.

Key provisions of the order:

1. **Amendments to the previous order No. 400**:

– **In subparagraph 6 of paragraph 1**, the fifteenth paragraph is replaced with paragraphs fifteen to twenty of the following content:

– **Subparagraph 9**:

– In **paragraph three**, the numbers “3.2” have been replaced with “3.2.1, 3.2.2”.

– In **paragraph four**:

– The numbers “3.2” have been replaced with “3.2.1, 3.2.2”.

– After the words “are not filled in,” the words and numbers have been added: “, except for tax invoices drawn up in connection with the use of production or non-production assets, other goods/services not in business activity, in which, according to paragraph 8 of these Regulations, the reason type 13 is indicated, in which columns 3.1, 3.2.1, 3.2.2, 3.3, 5-9 are filled in”.

– In **paragraph five**, the numbers “3.2” have been replaced with “3.2.1, 3.2.2”.

– **Subparagraph 10 of paragraph 1** has been supplemented with a comma after the words “electronic signature certificates”.

– **In subparagraph 5 of paragraph 2**, the words and numbers have been replaced accordingly:

– “(D4) (appendix 4)” with “«(D3) (appendix 3)»”.

– “(D5) (appendix 5)” with “«(D4) (appendix 4)»”.

– “(D6) (appendix 6)” with “«(D5) (appendix 5)»”.

– “(D7) (appendix 7)” with “«(D6) (appendix 6)»”.

2. **Instructions to the Tax Policy Department**:

– Submit this order for state registration to the Ministry of Justice of Ukraine.

– Ensure the publication of this order.

3. **Effective date**:

– The order comes into effect on the first day of the month following the month of its official publication.

4. **Control over execution**:

– Assigned to the Deputy Minister of Finance of Ukraine, S.I. Vorobey, and the Head of the State Tax Service of Ukraine.

This order introduces clarifications and technical changes to the previous order regarding the correctness of filling out tax invoices, adjusting the numbering of columns and appendices, as well as clarifying formulations to ensure clarity and unambiguity in tax reporting.

**On Amending Certain Regulatory Legal Acts of the Ministry of Finance of Ukraine**
The Ministry of Finance of Ukraine issued Order No. 400 on August 9, 2024, which amends a number of regulatory legal acts governing the procedure for filling out and submitting VAT (Value Added Tax) reporting. These changes aim to align regulatory documents with the latest changes in tax legislation, particularly considering new laws adopted in 2023 and 2024.

**Key provisions of the order:**

1. **Updating tax documentation forms:**
– **Tax Invoice:** The form of the tax invoice has been updated. It is now prepared in electronic form using a qualified or advanced electronic signature of the authorized person of the taxpayer.
– **VAT Declaration:** The updated form of the declaration includes new lines for reflecting operations for the export of certain types of goods and adjustments to tax liabilities.
– **Corrective VAT Calculation:** A new form of corrective calculation is applied to correct self-identified errors in reporting.
– **Calculation of tax liabilities for services received from non-residents:** The form for taxpayers who receive services from non-residents not registered as taxpayers in Ukraine has been updated.

2. **Changes in the procedure for filling out tax invoices:**
– Tax invoices and their appendices are now prepared exclusively in electronic form using an electronic signature in accordance with the Law of Ukraine “On Electronic Identification and Electronic Trust Services”.
– A new type of reason code “22” has been introduced for tax invoices drawn up for operations regarding the export of certain types of goods.
– In the case of exports of certain types of goods by VAT payers meeting established requirements, the code “7” is indicated in the second part of the sequential number of the tax invoice.

3. **Detailing information on export operations:**
– In the upper left section of the tax invoice, the date and number of the contract under which the export is carried out, as well as the date and number of the customs declaration, must be indicated.
– For operations exporting certain types of goods based on forward contracts, a special mark is provided.

4. **Units of measurement and product codes:**
– When exporting certain types of goods in the tax invoice, only one product may be indicated per code according to the Ukrainian Classification of Goods for Foreign Economic Activity (UKT ZED). Information about such an operation is indicated in one line.
– Units of measurement for goods during export or supply in the customs territory of Ukraine for certain types of goods must be specified in kilograms.

5. **Adjustment of tax liabilities:**
– The procedure for adjusting the indicators of the tax invoice in cases provided for in subparagraph 97.4 of paragraph 97 of Section XX “Transitional Provisions” of the Tax Code of Ukraine has been established.
– It is prohibited to adjust the indicators of the tax invoice after the registration of the correction calculation, except in cases of changing the tax rate and the accrued tax amount.

6. **Changes in the procedure for filling out and submitting VAT reporting:**
– Appendix 1 to the VAT declaration now includes information on adjustments to tax liabilities for export operations of certain types of goods.
– New lines (2.3.1, 2.3.2, 2.3.3) have been introduced in the VAT declaration for reflecting operations for the export of certain types of goods, depending on the applicable tax rate.
– The procedure for reflecting corrections to tax credits and liabilities has been clarified.

7. **Electronic signatures:**
– All tax invoices and reporting documents must be affixed with qualified or advanced electronic signatures of the authorized officials of the taxpayer, as well as an electronic seal (if available).

8. **Effective date:**
– The order comes into effect on the first day of the month following the month of its official publication.

**Conclusion:**

This order aims to improve and update tax documentation and procedures in the field of value-added tax, particularly in the context of exporting certain types of goods during the period of martial law. It aligns the regulatory legal acts of the Ministry of Finance with current legislation and provides clearer regulation of tax procedures for taxpayers.[:]

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