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Digest of Legislative Acts of Ukraine
Resolution of the Verkhovna Rada of Ukraine No. 4013-IX dated October 9, 2024
The resolution approves the draft law on amendments to the Criminal Code and the Criminal Procedure Code of Ukraine. The main changes are aimed at improving the mechanisms for concluding plea agreements, particularly in cases related to corruption. The proposed amendments also provide for electronic systems for the submission and approval of agreements, which is intended to expedite the processes.
Decision of the National Security and Defense Council of Ukraine dated October 8, 2024
The decision implements sanctions, supported by the Security Service of Ukraine, against specific individuals and legal entities. The Cabinet of Ministers, together with the Security Service of Ukraine and the National Bank of Ukraine, is responsible for the implementation and monitoring of these measures. The Ministry of Foreign Affairs is to inform international bodies about the imposition of sanctions.
Order of the Cabinet of Ministers of Ukraine No. 970-r dated October 8, 2024
This order pertains to the signing of a Grant Agreement between Ukraine and France for the support of critical infrastructure. The agreement aims to restore priority sectors of the Ukrainian economy. The First Deputy Prime Minister is tasked with signing the agreement.
Resolution of the Verkhovna Rada of Ukraine dated October 8, 2024
The resolution grants heads of military administrations in the Zaporizhia region expanded powers during the state of martial law and for 30 days after its termination. They may perform the functions of local councils, approve the structure of executive bodies, and manage municipal enterprises. The resolution takes effect from the moment of publication.
Order of the Ministry of Community Development, Territories and Infrastructure of Ukraine No. 965 dated September 5, 2024
The order introduces amendments to the Methodology for calculating the target energy savings indicator in the buildings of state authorities. Editorial changes have been made regarding the exclusion of certain terms and clarification of conditions. The order takes effect from the day of its official publication, with oversight of its implementation assigned to the Minister.
Order of the Ministry of Agrarian Policy and Food of Ukraine
The order approves the Procedure for the certification of alcoholic beverages with registered geographical indications. Producers are required to enter into contracts with accredited certification bodies and undergo certification before bringing products to market. The certification procedure includes inspections and the issuance of certificates, which are valid for a period of two to five years.
Review of each of legal acts published today:
On Accounting Prices for Banking Metals
The National Bank of Ukraine has published the accounting prices for banking metals as of October 11, 2024. Specifically, the prices are as follows: for gold – 107,663.29 UAH per troy ounce, for silver – 1,260.23 UAH, for platinum – 39,407.27 UAH, and for palladium – 43,155.48 UAH. 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 rates.
On the Official Exchange Rate of the Hryvnia Against Foreign Currencies
On October 11, 2024, the National Bank of Ukraine published the official exchange rate of the hryvnia against foreign currencies. Among the currencies presented are the Australian dollar, euro, US dollar, British pound, Swiss franc, and many others. The exchange rate of the hryvnia against the US dollar is 41.2072, and against the euro is 45.0477. It is important to note that these rates are used for accounting purposes and transactions of the NBU; however, the bank is not obligated to buy or sell currencies at these rates.
On Amending the Resolution of the Verkhovna Rada of Ukraine “On the Election of Chairs, First Deputies, Deputies of Chairs, Secretaries, Members of the Committees of the Verkhovna Rada of Ukraine of the Ninth Convocation”
The Verkhovna Rada of Ukraine has amended the Resolution regarding the election of the composition of the committees of the ninth convocation. In particular, People’s Deputies Andriy Odarchenko from the Committee on Anti-Corruption Policy and Artem Dmytruk from the Committee on Law Enforcement Activities have been recalled. The resolution takes effect from the moment of its adoption.
Analysis of the Resolution of the Verkhovna Rada of Ukraine No. 4013-IX dated October 9, 2024
The Resolution of the Verkhovna Rada of Ukraine No. 4013-IX approves the adoption in principle of the draft law on amending the Criminal Code of Ukraine (CCU) and the Criminal Procedure Code of Ukraine (CPCU). The main goal of these amendments is to improve the regulation of plea agreements in criminal proceedings, particularly concerning corruption offenses and offenses related to corruption.
Main Provisions of the Draft Law
- Expansion of Opportunities for Concluding Plea Agreements: It is proposed to create more flexible mechanisms for concluding agreements between individuals suspected or accused and investigators or prosecutors. This will facilitate a more effective resolution of corruption cases by speeding up the process and reducing the burden on the judicial system.
- Specification of the Terms of Agreements: The draft law details the conditions under which plea agreements may be concluded, including the extent of information that the suspect is required to provide and the corresponding obligations of the state regarding safety and confidentiality guarantees.
- Improvement of the Approval Process for Agreements: The introduction of electronic systems for submitting and approving plea agreements is proposed, which will significantly reduce the time needed for consideration and adoption of such agreements.
- Strengthening Control Over Compliance with Agreement Terms: The draft law provides for the establishment of mechanisms for monitoring and controlling compliance with the terms of agreements, which will help prevent possible abuses and ensure that obligations are fulfilled by the parties.
Procedural Changes
According to the resolution, the Committee of the Verkhovna Rada of Ukraine on Law Enforcement Activities is obliged to revise the mentioned draft law, taking into account amendments and proposals from legislative initiative subjects. The timeline for submitting such amendments and proposals is halved, which means an acceleration of the legislative process.
After revision, the draft law is to be submitted for consideration by the Verkhovna Rada of Ukraine in the second reading, where it will be reviewed in detail and, if necessary, additional amendments will be made.
Conclusion
The adoption of this resolution is an important step in the fight against corruption in Ukraine. Improving the regulation of plea agreements will allow for more effective conduct of criminal proceedings, ensuring the protection of the rights of the accused while increasing public trust in law enforcement agencies.
On the Application of Personal Special Economic and Other Restrictive Measures (Sanctions)
Analysis of the Decision of the National Security and Defense Council of Ukraine dated October 8, 2024
Introductory Provisions
The Decision of the National Security and Defense Council of Ukraine (NSDC) dated October 8, 2024, enacted by Presidential Decree No. 698/2024, concerns the application of personal special economic and other restrictive measures, i.e., sanctions. This act regulates both physical and legal entities to which the mentioned measures will be applied.
Structure of the Decision
- Support for Proposals from the Security Service of Ukraine: The NSDC supports the proposals submitted by the Security Service of Ukraine regarding the imposition of sanctions.
- Application of Sanctions: It is specified which particular individuals will be subject to personal special economic and other restrictive measures:
- Individuals according to Appendix 1.
- Legal entities according to Appendix 2.
- Implementation and Monitoring of Sanctions: The Cabinet of Ministers of Ukraine, in cooperation with the Security Service of Ukraine and the National Bank of Ukraine, is responsible for the implementation and monitoring the effectiveness of these measures.
- Informing International Bodies: The Ministry of Foreign Affairs of Ukraine must inform the relevant bodies of the European Union, the United States of America, and other countries about the introduction of sanctions and initiate discussions on the imposition of similar restrictive measures.
Appendices to the Decision
Appendix 1
This appendix contains a list of individuals to whom personal special economic and other restrictive measures (sanctions) are applied. Detailed names and information about these individuals are not provided in the text, but they are specified in the official appendix to the decision.
Appendix 2
This appendix lists the legal entities on which personal special economic and other restrictive measures (sanctions) will be imposed. Similar to Appendix 1, the specific names of companies or organizations are provided in the official document.
Mechanisms for Implementing Sanctions
For the effective implementation of sanctions, the NSDC defines the following mechanisms:
- Cooperation of Authorities: The Cabinet of Ministers, the Security Service of Ukraine, and the National Bank of Ukraine coordinate their actions to ensure proper implementation of the sanctions.
- Monitoring Effectiveness: Continuous monitoring of compliance with the sanctions and their impact on the targeted individuals to adjust measures if necessary.
- International Cooperation: The Ministry of Foreign Affairs of Ukraine ensures dialogue with international partners to coordinate and potentially extend the sanctions at a global level.
Entry into Force
The decision comes into effect from the moment of signing by the Presidential Decree of Ukraine dated October 8, 2024, No. 698/2024. This means that all specified measures begin to take effect shortly after the official announcement and publication of the document.
Responsibility for Implementation
The Secretary of the National Security and Defense Council of Ukraine, O. Lytvynenko, signed the decision, confirming its authenticity and obliging the relevant authorities to execute the established measures.
On the Application of Personal Special Economic and Other Restrictive Measures (Sanctions)
Analysis of the Decision of the National Security and Defense Council of Ukraine dated October 8, 2024
General Provisions
The National Security and Defense Council of Ukraine adopted a decision that enacts Presidential Decree No. 697/2024 dated October 8, 2024. This decision pertains to the application of personal special economic and other restrictive measures (sanctions).**Imposition of Personal Special Economic and Other Restrictive Measures, Known as Sanctions.**
Basis for the Imposition of Sanctions
In accordance with Article 5 of the Law of Ukraine on “Sanctions,” the National Security and Defense Council of Ukraine is authorized to address issues related to the implementation of sanctions measures. This decision supports the proposals put forward by the Security Service of Ukraine regarding the application of personal special economic and other restrictive measures.
Application of Sanctions to Legal Entities
The decision establishes the application of personal special economic and other restrictive measures to legal entities. The list of legal entities to which these sanctions apply is provided in the annex to the decision. These may include companies, organizations, or institutions recognized as being involved in activities that threaten national security or violate the laws of Ukraine.
Bodies Responsible for the Implementation of Sanctions
The responsibility for the implementation and monitoring of the effectiveness of the imposed sanctions lies with the Cabinet of Ministers of Ukraine in cooperation with the Security Service of Ukraine and the National Bank of Ukraine. These bodies must ensure compliance with the sanctions measures and assess their impact on the sanctioned entities.
International Cooperation
The Ministry of Foreign Affairs of Ukraine has been tasked with informing the relevant bodies of the European Union, the United States of America, and other states about the imposition of sanctions. Additionally, the Ministry should initiate discussions on the possibility of implementing similar restrictive measures at the international level.
Final Provisions
The decision is signed by the Secretary of the National Security and Defense Council of Ukraine Oleksandr Lytvynenko. It comes into effect upon the enactment by the Decree of the President of Ukraine No. 697/2024.
Annex: List of Legal Entities
The annex to the decision contains a list of legal entities subject to personal special economic and other restrictive measures. This list is a key document for identifying the sanctioned entities, but the specific names of organizations or companies are not mentioned in the text of the report.
The Order of the Cabinet of Ministers of Ukraine dated October 8, 2024, No. 970-r pertains to the signing of the Agreement on the Application to the Grant Agreement between the Government of Ukraine and the Government of the French Republic. This agreement is aimed at the restoration and support of critical infrastructure and priority sectors of the economy of Ukraine. The document approves the draft agreement and authorizes the First Deputy Prime Minister of Ukraine – Minister of Economy Yuliia Svyrydenko to sign the said agreement.
On the Decision of the National Security and Defense Council of Ukraine dated October 8, 2024 “On the Application of Personal Special Economic and Other Restrictive Measures (Sanctions)”
The Decree of the President of Ukraine has enacted the decision of the National Security and Defense Council dated October 8, 2024, concerning the application of personal special economic and other restrictive measures (sanctions). The control of the implementation of this decision is assigned to the Secretary of the National Security and Defense Council. The decree comes into effect upon publication.
The Decree of the President of Ukraine enacts the decision of the National Security and Defense Council of Ukraine dated October 8, 2024, regarding the application of personal special economic and other restrictive measures, known as sanctions. The control over the implementation of this decision is assigned to the Secretary of the National Security and Defense Council of Ukraine. The decree takes effect from the moment of its publication.
On the Exercise of Powers by the Heads of Military Administrations of Settlements in Vasylivka, Melitopol, and Polohiv Districts of Zaporizhzhia Region as Provided by Part Two of Article 10 of the Law of Ukraine “On the Legal Regime of Martial Law”
The Resolution of the Verkhovna Rada of Ukraine grants the heads of military administrations of settlements in Vasylivka, Melitopol, and Polohiv districts of Zaporizhzhia region additional powers during the period of martial law and 30 days after its termination. These heads may perform the functions of village and settlement councils, approve the temporary structure of executive bodies, and manage the municipal enterprises and institutions subordinate to them. The resolution comes into effect upon publication.
On the Awarding of A. Kostyra the Title of Hero of Ukraine
By the Decree of the President of Ukraine, Artem Kostyra, a lieutenant colonel of the civil protection service, is posthumously awarded the title of Hero of Ukraine with the Order of “Gold Star” for his personal courage and heroism in defending the state sovereignty and territorial integrity of Ukraine.
Analysis of the Order of the Ministry of Community Development, Territories and Infrastructure of Ukraine No. 965 dated September 5, 2024
Order No. 965 dated September 5, 2024, registered with the Ministry of Justice of Ukraine on September 10, 2024, under No. 1365/42710, relates to the consideration of comments made by the state registration authority regarding the previous order of the Ministry of Community Development, Territories and Infrastructure of Ukraine dated August 18, 2024, No. 878.
Main Provisions of the Order
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Amendments to the Methodology for Calculating the Target Indicator of Energy Savings in Buildings of State Authorities:
The order provides for specific amendments to the existing methodology, which was approved by Order No. 878 dated August 18, 2024, and registered on September 3, 2024, under No. 1342/42687.-
Editing Section I, Paragraph 1:
The words “calculation of the target indicator of energy savings in buildings of state authorities (hereinafter – the Methodology)” will be removed. This means that this part of the text will no longer be included in the relevant paragraph of the document. -
Editing Section II:
- In Paragraph 2, the words “over the last four years” will be removed, which changes the time frame referred to in this paragraph.
- In Paragraph 3, the words “(hereinafter – EDSB)” will also be removed, affecting the subsequent use of this abbreviation in the methodology.
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Editing Section I, Paragraph 1:
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Obligations of the Energy Efficiency Department:
The Energy Efficiency Department is instructed to ensure the submission of this order for state registration to the Ministry of Justice of Ukraine in the established manner. This means that the order must undergo the official registration procedure to acquire legal force. -
Entry into Force:
The order comes into effect from the day of its official publication. This establishes the date from which all amendments become valid and mandatory for execution. -
Control over the Execution of the Order:
Responsibility for controlling the execution of this order is retained by the executor of the Minister’s duties. This means that the minister or his appointed representative will oversee compliance with all provisions of the order.
Executor of the Order
The order is signed by the Acting Minister V. Shkurakov, which indicates the official approval of the amendments and their implementation in the relevant regulatory and legal framework.
On the Approval of the Methodology for Calculating the Target Indicator of Energy Savings in Buildings of State Authorities
The order of the Ministry of Community Development, Territories and Infrastructure of Ukraine approves the Methodology for Calculating the Target Indicator of Energy Savings in Buildings of State Authorities. The main provisions…The regulations include the mechanism for calculating this indicator based on data obtained from energy efficiency certification. The methodology stipulates that energy certificates must comply with legal requirements and also contains formulas for calculating total and marginal energy consumption. This document comes into force upon publication.
On the Approval of the Procedure for the Certification of Alcoholic Beverages with Registered Geographical Indication and the Typical Certification Plan for Alcoholic Beverages with Registered Geographical Indication
By order of the Ministry of Agrarian Policy and Food of Ukraine, the Procedure for the Certification of Alcoholic Beverages with Registered Geographical Indication has been approved, which defines the mechanism for certification and issuance of conformity certificates. Producers are required to enter into contracts with accredited certification bodies and undergo certification before placing products on the market. The procedure includes the submission of an application, review of documents, conclusion of a contract, conducting inspections, and issuance of certificates, which are valid for two to five years. In the event of non-compliance being detected, the certification body may suspend or revoke the certificate. All information regarding certified products will be available on the website of the certification body.[:]
