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Digest of Legislative Acts
National Bank of Ukraine: Accounting Prices for Precious Metals
The National Bank of Ukraine has published the accounting prices for precious metals as of October 17, 2024. In particular, the accounting price for gold is 110,459.87 hryvnias per troy ounce, silver is 1,313.74 hryvnias, platinum is 41,023.59 hryvnias, and palladium is 42,071.14 hryvnias. These prices are provided without obligations for the NBU regarding the purchase or sale of these metals.
National Bank of Ukraine: Official Hryvnia Exchange Rate
On October 17, 2024, the National Bank of Ukraine published the official exchange rate of the hryvnia against foreign currencies. The exchange rate for the US dollar is 41.2256 hryvnias, and for the euro, it is 44.9132 hryvnias. These rates are used for accounting purposes and transactions with the state treasury but do not obligate the NBU to buy or sell currencies.
Cabinet of Ministers of Ukraine: Management of Real Estate
The order of the Cabinet of Ministers of Ukraine dated October 15, 2024, designates the Ministry of Economy as the managing authority for real estate in the village of Velyka Lepetykha. The annex to the order contains a list of real estate objects subject to management, including kindergartens and administrative buildings.
Cabinet of Ministers of Ukraine: Reallocation of Budget Expenditures
The order of the Cabinet of Ministers of Ukraine dated October 15, 2024, provides for the reallocation of state budget expenditures for the National Agency for the Detection of Assets Obtained from Crimes. Consumption expenditures are reduced by 200,000 hryvnias, and these funds are redirected to development expenditures.
Cabinet of Ministers of Ukraine: Duties of Deputy Ministers
The order of the Cabinet of Ministers of Ukraine dated October 15, 2024, continues the performance of duties by the Deputy Ministers of Community and Territorial Development of Ukraine. Due to the renaming of the ministry, Natalia Viktorivna Kozlovska and Serhiy Anatoliyovych Derkach remain in their positions.
Cabinet of Ministers of Ukraine: Changes in Asset Management
The order of the Cabinet of Ministers of Ukraine dated October 15, 2024, assigns the third rank of civil servant to Kateryna Viktorivna Ponomarenko, a member of the National Commission on State Language Standards, in accordance with Article 39 of the Law of Ukraine “On Civil Service.”
Cabinet of Ministers of Ukraine: Changes in Energy Project
The resolution of the Cabinet of Ministers of Ukraine dated October 11, 2024, amends the previous resolution regarding the implementation of an investment project for energy supply restoration. The main changes include the addition of information about the agreement with the International Bank for Reconstruction and Development.
Constitutional Court of Ukraine: Consolidation of Constitutional Proceedings
The Grand Chamber of the Constitutional Court of Ukraine has decided to consolidate constitutional proceedings concerning the compliance of specific provisions of legislation with the Constitution of Ukraine, particularly regarding laws on the pension system and the prosecutor’s office. Reporting judges have been appointed to consider these cases.
Law of Ukraine “On the Specifics of the Sale of State-Owned Shares in the Charter Capital of Banks”
This law regulates the process of selling state-owned shares in banks, defines terms, criteria for selecting buyers, and the sales procedure. It also establishes requirements for the valuation of shares and ensures transparency in the process.
Law of Ukraine “On Rating”
The Law “On Rating” establishes the legal framework for the creation and use of ratings, defines the governing bodies for rating activities, licensing agencies, and principles for forming ratings. It separately regulates the protection of information and liability for violations.
Law of Ukraine “On the Information and Communication System ‘State Agrarian Register'”
This law creates a legal framework for the functioning of the “State Agrarian Register,” uniting information about agricultural resources, enterprises, and infrastructure. The main tasks include ensuring transparency and supporting state policy in the agricultural sector.
Order of the State Nuclear Regulatory Inspectorate of Ukraine
By the order dated September 12, 2024, amendments have been made to the previous order regulating activities in the field of nuclear energy. The changes concern terminology, documentation requirements for obtaining licenses, and improvement of the regulatory framework.
Order of the State Guard of Ukraine
A new Order on the Performance of Military Service by Military Personnel of the State Guard has been approved, which defines the procedures for organizing service, terms, responsibilities, and the composition of the daily duty. The order comes into effect on the day of publication.
Order of the Administration of the State Special Communications Service
The order approves amendments to the Instruction on Qualification Assignment to Military Personnel, including clarifications of requirements for commissions and new exam rules. It will come into effect from the moment of official publication.
Law of Ukraine “On Public Consultations”
This law regulates the conduct of public consultations in the development of regulatory legal acts, ensuring transparency and public involvement in the decision-making process. It establishes the rights and obligations of consultation participants, as well as the procedure for conducting consultations.
Review of each of legal acts published today:
On the Accounting Price of Banking Metals
The National Bank of Ukraine has published the accounting prices for banking metals as of October 17, 2024. In particular, the accounting price for gold amounts to 110,459.87 hryvnias per troy ounce, silver – 1,313.74 hryvnias, platinum – 41,023.59 hryvnias, and palladium – 42,071.14 hryvnias. It is important to note that these prices are stated without obligations from the National Bank regarding the purchase or sale of these metals at the specified rates.
On the Official Exchange Rate of Hryvnia Against Foreign Currencies
The National Bank of Ukraine has published the official exchange rate of the hryvnia against foreign currencies as of October 17, 2024. The document provides rates for various currencies, including the US dollar, euro, pound sterling, and others. For example, the exchange rate for the US dollar is 41.2256 hryvnias, and for the euro, it is 44.9132 hryvnias. These rates are used for accounting and operations with the state treasury but do not obligate the NBU to buy or sell currencies at these rates.
On the Definition of the Subject of Real Estate Management in the Settlement of Velyka Lepetykha, Kakhovskyi District, Kherson Region
The Resolution of the Cabinet of Ministers of Ukraine dated October 15, 2024, No. 1006-r, designates the Ministry of Economy as the subject responsible for managing real estate in the settlement of Velyka Lepetykha, Kakhovskyi District, Kherson Region. An annex to the resolution lists the real estate objects subject to management, including kindergartens, administrative buildings, warehouses, workshops, and other structures, along with their total area and registration numbers.
On the Redistribution of Certain Expenditures of the State Budget Allocated to the National Agency for the Detection, Investigation, and Management of Assets Derived from Corruption and Other Crimes for 2024
The Resolution of the Cabinet of Ministers of Ukraine dated October 15, 2024, No. 1005-r, provides for the redistribution of state budget expenditures for the National Agency for the Detection, Investigation, and Management of Assets Derived from Corruption and Other Crimes. In particular, consumption expenditures are reduced by 200,000 hryvnias, and these funds are redirected to development expenditures within budget program 6431010. The Ministry of Finance is instructed to make the corresponding changes to the state budget schedule.
On the Assignment of the Third Rank of Civil Servant to Ponomarenko K.V.
The Resolution of the Cabinet of Ministers of Ukraine dated October 15, 2024, No. 999-r, assigns the third rank of civil servant to Ponomarenko Kateryna Viktorivna, who is a member of the National Commission on State Language Standards. This decision is made in accordance with Article 39 of the Law of Ukraine “On Civil Service.”
On the Extension of Duties of the Deputy Minister
The Resolution of the Cabinet of Ministers of Ukraine dated October 15, 2024, No. 998-r, concerns the continuation of duties of the Deputy Minister for Community and Territorial Development of Ukraine. The document notes that due to the renaming of the Ministry of Community Development, Territories and Infrastructure of Ukraine, Kozlovska Nataliya Viktorivna remains in her position.
On the Extension of Duties of the Deputy Minister
The Resolution of the Cabinet of Ministers of Ukraine dated October 15, 2024, No. 997-r, concerns the continuation of duties of the Deputy Minister for Community and Territorial Development of Ukraine. The document notes that due to the renaming of the Ministry of Community Development, Territories and Infrastructure of Ukraine, Serhii Anatoliiovych Derkach continues to hold this position.
On the Appointment of Khromov A.V. as Head of the State Archival Service of Ukraine
The Resolution of the Cabinet of Ministers of Ukraine dated October 15, 2024, No. 996-r, reappoints Khromov Anatolii Volodymyrovych as Head of the State Archival Service of Ukraine effective December 4, 2024, for a term of five years. It is indicated that the salary will be paid in accordance with current legislation.
On the Appointment of Yukhymchuk O.Yu. as Deputy Minister of Environmental Protection and Natural Resources of Ukraine for European Integration Issues
The Resolution of the Cabinet of Ministers of Ukraine dated October 15, 2024, No. 995-r, concerns the appointment of Yukhymchuk Olha Yuriyivna as Deputy Minister of Environmental Protection and Natural Resources of Ukraine for European Integration Issues.
On the Dismissal of Muzychenko S.V. from the Position of First Deputy Head of the State Regulatory Service of Ukraine
The Resolution of the Cabinet of Ministers of Ukraine dated October 15, 2024, No. 994-r, provides for the dismissal of Muzychenko Stanislav Valeriyovych from the position of First Deputy Head of the State Regulatory Service of Ukraine effective October 21, 2024, based on mutual agreement, in accordance with paragraph 3 of part one of Article 83 of the Law of Ukraine “On Civil Service.”
On the Appointment of Dzhuraniuk R.O. as Deputy Head of the State Regulatory Service of Ukraine for Digital Development, Digital Transformations, and Digitalization Issues
The Resolution of the Cabinet of Ministers of Ukraine dated October 15, 2024, No. 993-r, appoints Dzhuraniuk Roman Olegovych as Deputy Head of the State Regulatory Service of Ukraine. He will be responsible for issues of digital development, digital transformations, and digitalization. The appointment is effective from the date he begins performing his official duties and is valid for no more than 12 months after the termination or cancellation of martial law, with a probation period of one month.
On Amending the Resolution of the Cabinet of Ministers of Ukraine dated May 10, 2024, No. 534
The Resolution of the Cabinet of Ministers of Ukraine dated October 11, 2024, introduces amendments to the previous resolution dated May 10, 2024, concerning the implementation of the investment project for restoring energy supply. The main changes include the addition of information about the agreement with the International Bank for Reconstruction and Development, as well as clarifications regarding the use of funds to support the construction of protective shelters for the substations of NEK “Ukrenergo.” These changes aim to improve the conditions for project implementation and ensure energy security during the winter period.
Ruling of the Grand Chamber of the Constitutional Court of Ukraine on the Consolidation of Constitutional Proceedings in the Case Concerning the Constitutional Complaints of Bolotnikova Antonina Petrivna, Raikun Hanna Vasylivna, Melnychuk Ihor Stepanovych, Kovbasyuk Vitalii Vasylovych, Bilyak Mykola Demianovych, Yefimenko Antonina Ivanivna, Veselukha Volodymyr Oleksandrovych, Serbina Olena Dmytrivna, Rozhin Yurii Mykolaiovych, Parovyi Volodymyr Ivanovych, Nikolaiev Mykola Pavlovych, Sotnychenko Stepan Petrovych, Yaroshenko Yurii Ivanovych Regarding the Compliance of Certain Provisions of Article 2, Second Paragraph of Point 2 of Section II “Final and Transitional Provisions” of the Law of Ukraine “On Measures for Legislative Support of Pension System Reform” dated July 8, 2011, No. 3668-VI with the Constitution of Ukraine
The Grand Chamber of the Constitutional Court of Ukraine has ruled to consolidate constitutional proceedings regarding several constitutional complaints concerning the compliance of certain provisions of legislation, specifically the Law of Ukraine “On Measures for Legislative Support of Pension System Reform” and the Law of Ukraine “On the Prosecutor’s Office.” The reporting judges have been designated for the consideration of this case, emphasizing the importance of consolidating cases that share common issues of constitutionality.
On the Features of the Sale of Share Packages Owned by the State in the Authorized Capital of Banks
On the Features of the Sale of Share Packages Owned by the State in the Authorized Capital of Banks
This law establishes the regulation of the process of selling state share packages in the authorized capital of banking institutions. The main provisions of the law cover the following aspects:
1. Definitions
The law defines key terms used in the process of selling shares, such as “state share package,” “banking institution,” “buyer,” “competitive forecast,” and others, providing unambiguous interpretations of the terminology.
2. Criteria for Selecting Buyers
Criteria are established for the selection of buyers. Requirements for potential buyers of state shares. These may include qualification requirements, financial capability, absence of conflicts of interest, and other criteria aimed at ensuring proper management of banks after the sale. A step-by-step procedure for the sale of state shares is described, including preparatory stages, the announcement of tenders or other forms of competitive selection, the procedure for submitting applications from potential buyers, and the assessment of proposals. The law defines the methodology and criteria for valuing shares of state-owned banks. This includes financial indicators, market conditions, growth prospects of the bank, and other factors essential for a fair valuation. Requirements are established to ensure the transparency and openness of the sale process, including the publication of information about the stages of sale, the results of proposal assessments, and other vital data for the public and stakeholders. The legal and administrative aspects of the transfer of shares from the state to the new owner are outlined, including documentation, registration of ownership changes, and other necessary procedures. The authorities responsible for overseeing compliance with the law during the sale process are identified, as well as mechanisms for controlling the fulfillment of agreement conditions after the sale is completed. Sanctions and liabilities of entities for violations of the law’s requirements are detailed, including administrative, financial, and other types of liability. Provisions concerning the law’s coming into force, as well as regulations for all necessary procedures for its implementation and integration with existing legislation, are included. This law aims to ensure an effective and transparent process for the sale of state shares in banks, facilitating the optimization of ownership structure and enhancing the efficiency of banking institutions.3. Procedure for Sale of Shares
4. Valuation of Shares
5. Ensuring Transparency of the Process
6. Regulation of Share Transfer Conditions
7. Control and Oversight
8. Liability for Violations
9. Transitional and Final Provisions
Analysis of the Law of Ukraine “On Rating”
Purpose and Main Provisions
The Law of Ukraine “On Rating” establishes the legal foundations for the creation, distribution, and use of ratings of various economic entities, organizations, and individuals. The purpose of the law is to ensure transparency and objectivity in the assessment process, as well as to protect the interests of rating consumers.
Definition of the Concept of Rating
The law defines “rating” as a systematized set of information about the quality, reliability, or other characteristics of the evaluated subject, formed based on the analysis of relevant data.
Regulatory Bodies for Rating Activities
The law provides for the establishment of a special regulatory body that oversees the activities of rating agencies. This body is responsible for licensing, monitoring compliance with standards, and investigating possible violations.
Licensing of Rating Agencies
To carry out rating activities, legal entities must obtain a license for evaluation. The criteria for obtaining a license include the presence of qualified specialists, compliance with technical requirements, and financial stability.
Principles of Rating Formation
The law establishes several key principles for forming ratings:
- Objectivity: Assessment must be based on reliable and verified data.
- Transparency: Methods and criteria for assessment must be publicly accessible.
- Independence: Rating agencies must operate independently of the influence of the evaluated subjects.
Information Protection and Confidentiality
The law provides for the protection of confidential information used in forming ratings. Rating agencies are obligated to ensure the protection of personal data and the non-disclosure of commercial secrets.
Liability for Violations
Liabilities for violations of the law’s requirements are established, including administrative fines, license revocation, and other measures provided by Ukrainian legislation.
Rights and Obligations of Evaluated Subjects
Evaluated subjects have the right to access the rating methodology, contest their position, and submit additional information to the rating agency. They are also required to provide accurate data and cooperate with the agencies.
Publication and Use of Rating Data
Rating data may be published in open access, provided it does not contradict confidentiality requirements. The law also regulates how ratings can be used in market communications and advertising.
Amendments and Additions to the Law
The procedure for amending the law is clearly defined, including the necessity for public discussions and expert consultations, ensuring the adaptability of legislation to changing market conditions.
Introductory Provisions and Effective Date
The law takes effect from the date of its official publication. The introductory provisions define transitional provisions for existing rating agencies and preparation for new requirements.
On the Information and Communication System “State Agricultural Register”
Analysis of the Law of Ukraine “On the Information and Communication System ‘State Agricultural Register'”
General Provisions
This Law establishes the legal, organizational, and technical foundations for the creation, functioning, and development of the Information and Communication System “State Agricultural Register” (hereinafter – the REGISTER). The goal of the REGISTER is to ensure transparency and accessibility of information about agricultural resources in Ukraine, to promote effective management of the agricultural sector, and to support state policy in agriculture.
Objective and Tasks of the REGISTER
The purpose of the REGISTER is to consolidate and systematize information about land resources, agricultural enterprises, agro-infrastructure, and other key elements of the agricultural sector. The main tasks include:
- Providing a unified information space for the agricultural sector.
- Supporting decision-making processes based on current data.
- Promoting transparency in the agricultural product and land resource market.
- Monitoring and analyzing the state of the agricultural sector.
Structure of the REGISTER
The REGISTER consists of several modules, each responsible for collecting and processing specific types of information:
- Land Resources Module: contains data on land plots, their owners, categories, and characteristics.
- Agricultural Enterprises Module: information about legal entities and individuals engaged in agricultural activities, their registration data, types of activities, etc.
- Agro-Infrastructure Module: data about infrastructure objects such as warehouses, processing enterprises, transportation means, etc.
- Analytical Module: tools for analyzing collected data, generating reports, and statistical materials.
Functioning of the REGISTER
The REGISTER operates on the basis of an integrated information technology platform that ensures interaction among various modules and users. The main principles of functioning include:
- Data Centralization: storing all information in a single coherent environment.
- Accessibility: ensuring broad access to information for government bodies, agricultural enterprises, and other authorized users.
- Data Security: implementing measures to protect information from unauthorized access and loss.
- Updating: regularly updating information to maintain its relevance to the actual state of the agricultural sector.
Rights and Obligations of REGISTER Participants
Participants in the REGISTER may include government bodies, agricultural enterprises, public organizations, and other entities entitled to access information. The main rights and obligations of participants include:
- Right of Access: participants have the right to obtain information contained in the REGISTER according to their authority.
- Ensuring Data Accuracy: participants are obliged to provide accurate information and…
- Timely updating of data.
- Confidentiality: protection of personal data and corporate information in accordance with the legislation.
Funding and Support of the REGISTER
The funding for the REGISTER is provided from the state budget, as well as potential grants and financial support from international organizations. Additionally, contributions from participants may be envisaged for the provision of additional services or access to extended features of the system.
Control and Supervision of the REGISTER’s Activities
Supervision of compliance with legislation regarding the operation of the REGISTER is carried out by the relevant state authorities. Control includes checking data compliance, ensuring information security, and the effectiveness of the system’s operation.
Conclusion
This Law creates the necessary legal framework for the effective functioning of the information and communication system “State Agricultural Register.” Its implementation will contribute to improved management of the agricultural sector, increased transparency and efficiency in resource utilization, as well as stimulating the development of agriculture in Ukraine.
On Amendments to the Customs Code of Ukraine Regarding the Establishment of Features for Service in Customs Authorities and the Conduct of Certification of Customs Officials
Unfortunately, the provided material does not contain the full text of the Law of Ukraine “On Amendments to the Customs Code of Ukraine Regarding the Establishment of Features for Service in Customs Authorities and the Conduct of Certification of Customs Officials.” To provide a detailed and careful description of the provisions of this act, access to its full text is necessary. Please provide the full text of the Law so I can conduct the necessary analysis according to your request.On Considering the Remarks Made by the State Registration Authority on the Order of the State Nuclear Regulation Inspectorate of Ukraine Dated August 20, 2024, No. 941
By the order of the State Nuclear Regulation Inspectorate of Ukraine dated September 12, 2024, No. 1005, amendments were made to the previous order dated August 20, 2024, No. 941, which pertains to the regulation of activities in the field of nuclear energy use. In particular, editorial corrections have been made to the document, the wording and structure of the text clarified, as well as changes to the requirements for documents submitted to obtain licenses. All changes aim to improve the regulatory legal framework and ensure compliance with state registration requirements.On Approving the Procedure for Military Service by the Personnel of the State Guard Administration of Ukraine in Daily Duty and Combat Duty, Daily Duty During Enhanced Service Conditions
By the order of the State Guard Administration of Ukraine, a new Procedure for Military Service by the personnel of the State Guard in daily duty and combat duty has been approved. This document defines the procedures for organizing service, including terms, duties, and composition of the daily duty. It is established that military personnel must perform their duties diligently and immediately report all events that occur during service. The procedure also stipulates that the personal staff’s nutrition is provided in accordance with established norms. This order comes into effect on the day of publication and cancels the previous order from 2018.On Approving Amendments to the Instruction on the Procedure for Qualification Assignment in the State Special Communication and Information Protection Service of Ukraine
By the order of the Administration of the State Special Communication and Information Protection Service of Ukraine, amendments have been approved to the Instruction on the Procedure for Qualification Assignment to the military personnel of this service. The amendments include additions to the composition of qualification commissions, clarification of the requirements for commission members, as well as new rules for conducting examinations for class qualification assignment by specialties, including the operation of unmanned systems. The order will take effect from the moment of its official publication.On Amending the Customs Code of Ukraine Regarding the Implementation of Certain Provisions of the Customs Code of the European Union
To provide a detailed and accurate analysis of the provisions of the “Law of Ukraine on Amending the Customs Code of Ukraine Regarding the Implementation of Certain Provisions of the Customs Code of the European Union”, the full text of the law is necessary. Please provide the full text of the law so I can offer a thorough analysis of its provisions.On Amending Certain Orders of the State Nuclear Regulation Inspectorate of Ukraine
By the order of the State Nuclear Regulation Inspectorate of Ukraine dated August 20, 2024 (registration on September 10, 2024), amendments have been made to a number of regulatory acts governing licensing activities in the field of nuclear energy use. The main changes concern:- Adjusting terminology in the requirements for safety analysis reports, in particular replacing the term “issuance or reissuance” with “receiving (making changes).”
- Updating the documents submitted for obtaining a license, specifically excluding the term “reissuance” and clarifying the requirements for documents submitted when making changes to the license.
- Changes in the annexes to the provisions that detail the forms and content of documents for the licensing of certain types of activities in the nuclear energy sector.
- Introducing new requirements for documents that confirm the right to conduct activities, and clarifying requirements for personnel training.
This order comes into effect from the day of its official publication.
Analysis of the Law of Ukraine “On Public Consultations”
Analysis of the Law of Ukraine “On Public Consultations”
Purpose of the Law
The law establishes the legal foundations for the organization and conduct of public consultations during the development of regulatory legal acts, programs, and other documents of public administration. The main goal is to ensure transparency in the decision-making process and to engage the public in state governance.
Key Concepts
- Public consultations – discussion and exchange of information between government bodies and the public regarding draft regulatory legal acts.
- Consultation initiator – a government authority or local self-government body that initiates the conduct of public consultations.
- Consultation participants – individuals and legal entities, public associations, experts, media representatives, and other interested parties.
Procedure for Conducting Public Consultations
- Initiating consultations: The initiator determines the necessity of conducting consultations when preparing the draft document.
- Publication of information: An announcement about the conduct of public consultations, along with information about the purpose, subject, and deadlines, is published on the official website of the initiator.
- Collection and analysis of proposals: Participants have the opportunity to provide their comments, suggestions, and proposals within the specified timeframe.
- Preparation of a report: The initiator compiles a report on the results of the consultations, which includes main conclusions and considered proposals.
Rights and Obligations of Participants
Participants in public consultations have the right to:
- Receive accurate information about the subject and procedure of the consultations.
- Express their opinions, suggestions, and remarks.
- Receive information about the results of the consultations.
The initiator is obliged to:
- Ensure the availability of information about the consultations.
- Consider and take into account the submitted proposals in the relevant documents.
- Publish a report on the conduct of the consultations.
Confidentiality and Transparency
The law guarantees transparency in the process of conducting public consultations; however, it ensures the protection of confidential information, which may only be disclosed with the owner’s consent. All consultation materials are publicly accessible, except in cases provided for by law.
Responsibility for Non-compliance with Legislation
Government authorities and local self-government bodies that do not ensure the conduct of public consultations in accordance with the requirements of the Law may be held administratively liable in accordance with current legislation of Ukraine.
Entry into Force
The law takes effect from the day of its official publication and applies to all government and self-government bodies involved in public administration activities.
