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[:uk]Review of Ukrainian legislation for 25/10/2024[:]

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Digest of Legislative Acts

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 24, 2024. In particular, the accounting price for gold is 113,509.00 UAH per troy ounce, silver – 1,423.96 UAH, platinum – 42,701.56 UAH, and palladium – 44,215.08 UAH. These prices are not binding for the National Bank regarding the purchase or sale of the specified metals.

Exchange Rate of the Hryvnia to Foreign Currencies

The National Bank of Ukraine has published the official exchange rate of the hryvnia to foreign currencies as of October 24, 2024. The exchange rate of the hryvnia to the US dollar is 41.2739, to the euro – 44.4355, and to the British pound – 53.4641. These rates are used for accounting purposes but do not obligate the National Bank to purchase or sell currencies.

Resolutions of the Cabinet of Ministers of Ukraine

Resolutions on Critically Important Enterprises

The Cabinet of Ministers of Ukraine has amended the criteria for identifying enterprises, institutions, and organizations that are critically important for the functioning of the economy during a special period. A new clause has been introduced that allows for inspections to ensure compliance of these entities with the defined criteria, which may lead to the revocation of their status.

Resolutions on the Interagency Commission

The Cabinet of Ministers of Ukraine has amended the composition of the Interagency Commission for the Organization of Production Sharing Agreements. In particular, positions within the commission have been changed, and the terms regarding its functioning have been clarified.

Memorandum with the Republic of Turkey

The Cabinet of Ministers of Ukraine has approved a Memorandum of Understanding with the Government of the Republic of Turkey, which provides for mutual acceptance of state guarantees for the quality of defense-related goods. The document was signed on March 8, 2024, in Istanbul.

Establishment of the Interregional Office of the State Energy Supervision Inspectorate

The Cabinet of Ministers of Ukraine has approved the establishment of the Interregional Office of the State Energy Supervision Inspectorate, which consolidates territorial bodies in the Donetsk and Luhansk regions. The State Inspectorate has been tasked with ensuring the implementation of the reorganization.

Order Regarding the Kremenchuk CHPP

The order of the Cabinet of Ministers of Ukraine pertains to the activities of Kremenchuk CHPP LLC and provides for measures to ensure the stable operation of the enterprise during the heating season under martial law. The importance of managing corporate rights has been emphasized.

Subsidy for Supporting Victims of Domestic Violence

The order of the Cabinet of Ministers of Ukraine provides for the distribution of a subsidy to create a network of specialized support services for individuals affected by domestic violence. Plans include funding for the establishment of shelters and social-psychological assistance services.

Redistribution of Expenditures for the Ministry of Veterans Affairs

The order of the Cabinet of Ministers of Ukraine regulates the redistribution of state budget expenditures, specifically reducing expenditures for the rehabilitation of veterans while increasing allocations for one-time assistance in the event of death or disability. The Ministry of Finance has been instructed to make changes to the budget allocations.

Redistribution of Expenditures for the Ministry of Finance

The order of the Cabinet of Ministers of Ukraine provides for the redistribution of state budget expenditures, specifically reducing expenditures for financial management and increasing funding for the development of scientific activities. The Ministry of Finance has been instructed to make the relevant changes to the budget.

Amendments to the State Anti-Corruption Program

The Cabinet of Ministers of Ukraine has made amendments to the State Anti-Corruption Program, excluding several points regarding corruption-generating factors and clarifying the mechanisms for ensuring the quality of defense-related goods, including the implementation of state guarantees for product quality.

Review of each of legal acts published today:

On the Accounting Prices of Bank Metals
The National Bank of Ukraine has published the accounting prices for bank metals as of October 24, 2024. In particular, the accounting price of gold is 113,509.00 UAH per troy ounce, silver is 1,423.96 UAH, platinum is 42,701.56 UAH, and palladium is 44,215.08 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 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 24, 2024. The document lists the rates for various currencies, such as the US dollar, euro, British pound, as well as other currencies including the Australian dollar, Canadian dollar, Chinese yuan, and many others. The exchange rate of the hryvnia against the US dollar is 41.2739, against the euro is 44.4355, and against the British pound is 53.4641. Additionally, it is noted that these rates are used for accounting purposes and transactions of the NBU, but do not obligate the National Bank to buy or sell currencies at these rates.

On the Appointment of H. Syvanenko as Head of the Bilocherkivska District State Administration of Kyiv Region
The order of the President of Ukraine appoints Hennadiy Syvanenko as the Head of the Bilocherkivska District State Administration of Kyiv Region.

On the Dismissal of I. Starenka from the Position of Head of the Bilocherkivska District State Administration of Kyiv Region
By this order of the President of Ukraine, Iryna Abramivna Starenka is dismissed from the position of Head of the Bilocherkivska District State Administration of Kyiv Region based on her application. The document is signed by President V. Zelensky on October 23, 2024.

On Amending the Criteria and Procedure for Determining Enterprises, Institutions, and Organizations Critical for the Functioning of the Economy and Ensuring the Vital Activities of the Population in Special Periods, as well as Critical for Meeting the Needs of the Armed Forces and Other Military Formations in Special Periods
This resolution of the Cabinet of Ministers of Ukraine amends the Criteria and Procedure for determining enterprises, institutions, and organizations that are critical for the functioning of the economy and ensuring the vital activities of the population in special periods. In particular, a new provision is introduced, allowing for the verification of compliance of the specified entities with the criteria established in previous provisions. A decision on compliance or non-compliance of enterprises with the criteria can lead to the cancellation of their status as critical. The results of the checks must be sent to the relevant ministries within one day.

On Amending the Resolution of the Cabinet of Ministers of Ukraine dated August 1, 2013, No. 644
The resolution of the Cabinet of Ministers of Ukraine dated October 22, 2024, amends the resolution dated August 1, 2013, which regulates the establishment of the Interagency Commission on the Organization of the Conclusion and Execution of Production Sharing Agreements. In particular, the composition of the commission is changed: the position of “First Deputy (Deputy) Head of the State Labor Service” is replaced with “Head (First Deputy, Deputy Head) of the State Labor Service.” Changes are also made to the Commission’s Regulations, where the words “First Vice Prime Minister of Ukraine – Minister of Economy” are replaced with “Prime Minister of Ukraine,” and the term “Chairman” is replaced with “Co-Chairman.”

On the Approval of the Memorandum of Understanding between the Cabinet of Ministers of Ukraine and the Government of the Republic of Turkey regarding the Mutual Acceptance of State Guarantees of Quality for Goods, Works, and Services of Defense Purpose

Description of the Resolution

The resolution of the Cabinet of Ministers of Ukraine approves the Memorandum of Understanding with the Government of the Republic of Turkey. The Memorandum provides for the mutual acceptance of state guarantees of quality for goods, works, and services of defense purpose. The document was signed on March 8, 2024, in Istanbul.

Some Issues Regarding Territorial Bodies of the State Inspectorate for Energy Supervision
By the resolution of the Cabinet of Ministers of Ukraine dated October 22, 2024, No. 1201, the establishment of the Interregional Department of the State Inspectorate for Energy Supervision is approved, which will combine the territorial bodies in Donetsk and Luhansk regions through their merger. The State Inspectorate is tasked with ensuring the implementation of this reorganization, while the existing territorial bodies continue to perform their functions until the transfer of powers to the newly created department.

Some Issues Regarding the Activities of the Limited Liability Company “Kremenchuk TPP”



Analysis of the Resolution of the Cabinet of Ministers of Ukraine dated October 22, 2024, No. 1033-r

Analysis of the Resolution of the Cabinet of Ministers of Ukraine dated October 22, 2024, No. 1033-r

Subject of the Resolution

The resolution of the Cabinet of Ministers of Ukraine No. 1033-r, issued on October 22, 2024, concerns the activities of the limited liability company “Kremenchuk TPP.” The main aim of this document is to ensure the stable operation of the enterprise during the heating season under martial law.

Main Tasks

  • Ensuring sustainable progress through the heating season during martial law.
  • Organizing the management of state corporate rights in the charter capital of LLC “Kremenchuk TPP.”

Recommendations to the National Commission on Securities and Stock Market

The resolution recommends that the National Commission on Securities and Stock Market work on the specifics of applying legislative acts during martial law by October 26, 2024. In particular, it addresses:

  • The specifics of applying legislation regarding corporate rights that were forcibly expropriated under the legal regime of martial law.
  • The possibilities of managing these corporate rights by the state through the charter capital of LLC “Kremenchuk TPP” by the public joint-stock company “Ukrnafta.”

Involved Parties

The resolution clearly specifies the involved parties:

  • LLC “Kremenchuk TPP” – the company whose activities are regulated by this document.
  • Public Joint-Stock Company “Ukrnafta” – the organization that will manage the corporate rights of the state in the charter capital of LLC “Kremenchuk TPP.”
  • The National Commission on Securities and Stock Market – the body responsible for processing the recommendations by October 26, 2024.

Execution Terms

The resolution establishes a specific deadline for processing the recommended issues: by October 26, 2024. This time frame defines the period within which the National Commission must provide its conclusions and proposals regarding the specified aspects.

Legal Regime

The document emphasizes that all actions are carried out within the framework of the legal regime of martial law, which means special conditions and restrictions regarding corporate rights and their management. This provides the state with the necessary powers for the stable functioning of critical infrastructure facilities during crisis situations.

Conclusion

Resolution No. 1033-r contains important provisions regarding the management of state corporate rights in LLC “Kremenchuk TPP” through PJSC “Ukrnafta.” This is part of measures aimed at ensuring the energy stability of the country during martial law, particularly during the heating season.

On the Distribution of Subsidies from the State Budget to Local Budgets for the Creation of a Network of Specialized Support Services for Persons Affected by Domestic Violence and/or Gender-Based Violence in 2024
The order of the Cabinet of Ministers of Ukraine dated October 22, 2024, No. 1030-r provides for the distribution of subsidies from the state budget to local budgets for the creation of a network of specialized support services for individuals affected by domestic violence and gender-based violence for the year 2024. In particular, financing is planned for the reconstruction, restoration, and equipping of shelters, day centers, and social and psychological assistance services. According to the appendices, the volumes of the subsidy have been defined.**On the Redistribution of Certain Expenditures of the State Budget Allocated to the Ministry of Veterans Affairs for 2024**

The Order of the Cabinet of Ministers of Ukraine dated October 22, 2024, No. 1027-r regulates the redistribution of state budget expenditures allocated to the Ministry of Veterans Affairs for 2024. In particular, it provides for:
– a reduction in expenditures for mental, sports, physical, and psychological rehabilitation as well as professional adaptation by UAH 498,569.8 thousand;
– an increase in expenditures for the functioning of the Ukrainian Veteran Fund by UAH 44,850 thousand;
– an increase in expenditures for the payment of one-time monetary assistance in case of death or disability by UAH 453,719.8 thousand.

The Ministry of Finance has been instructed to make the necessary changes to the state budget schedule.

**On the Transfer of Civil Protection Facilities to the Ownership of the Buzka City Territorial Community of the Zolochiv District in the Lviv Region**

The Order of the Cabinet of Ministers of Ukraine dated October 22, 2024, No. 1026-r provides for the transfer of civil protection facility No. 50781, with a total area of 65.2 square meters, to the ownership of the Buzka City Territorial Community of the Zolochiv District in the Lviv Region. The facility is located at 1 Hrushevskoho Street in the city of Buzk.

**On the Redistribution of Certain Expenditures of the State Budget Allocated to the Ministry of Veterans Affairs for 2024 and Distribution of Subsidies from the State Budget to Local Budgets for Monetary Compensation for Eligible Residential Premises for Certain Categories of Persons Who Participated in Combat Actions in Other Countries and Their Family Members**

The Cabinet of Ministers of Ukraine, by the order dated October 22, 2024, No. 1025-r, carries out the redistribution of state budget expenditures allocated to the Ministry of Veterans Affairs for 2024. The main objective is to increase funding for subsidies to provide monetary compensation for residential premises for the families of combatants in other countries and individuals with disabilities of the I-II groups who require improved housing conditions. In particular, the volume of expenditures for the support of specialists accompanying veterans is reduced by UAH 241.6 million, and funding for compensations is increased by the same amount.

Additionally, the distribution of subsidies to local budgets for compensation payments is clarified, specifically for designated regions and the city of Kyiv, with a total volume of UAH 241.6 million. The Ministry of Finance has been instructed to make changes to the state budget schedule related to this redistribution and subsidy distribution.

**On the Redistribution of Certain Expenditures of the State Budget Allocated to the Ministry of Finance for 2024**

The Order of the Cabinet of Ministers of Ukraine dated October 22, 2024, No. 1024-r provides for the redistribution of state budget expenditures approved for the Ministry of Finance for 2024. In particular, the volume of consumption expenditures for the program “Management and Administration in the Field of Finance” is reduced by UAH 996.8 thousand, while the volume of development expenditures is increased by UAH 200 thousand. Additionally, the volume of development expenditures for the program “Scientific and Scientific-Technical Activities in the Field of Financial Policy” is increased by UAH 796.8 thousand. The Ministry of Finance has been instructed to make changes to the state budget schedule in accordance with these changes.

**On Amendments to the Appendix to the Order of the Cabinet of Ministers of Ukraine dated August 13, 2024, No. 763**

The Order of the Cabinet of Ministers of Ukraine dated October 22, 2024, No. 1028-r introduces amendments to the appendix of the order dated August 13, 2024, No. 763, which regulates the distribution of subsidies from the state budget to local budgets for the modernization of canteens in general secondary education institutions in 2024. The document specifies new volumes of subsidies for specific educational institutions in various regions of Ukraine and indicates that the Ministry of Finance must make the necessary changes to the state budget schedule.

**On Amendments to the Appendix to the Resolution of the Cabinet of Ministers of Ukraine dated November 25, 2015, No. 971**

This resolution of the Cabinet of Ministers of Ukraine makes changes to the appendix of the resolution dated November 25, 2015, which defines the list of state authorities subject to free protection by the National Guard. In particular, the Ministry of Veterans Affairs of Ukraine, with identification code 42657144, is added to this list after the position of the Ministry of Social Policy of Ukraine with code 37567866.

**On Amendments to Certain Resolutions of the Cabinet of Ministers of Ukraine Regarding the Organization of Rehabilitation Assistance in Ukraine**

By the resolution of the Cabinet of Ministers of Ukraine dated October 22, 2024, No. 1198, amendments were made to several acts regulating the organization of rehabilitation assistance in Ukraine. In particular, the procedures for providing rehabilitation assistance to children under three years of age have been clarified, new requirements for multidisciplinary rehabilitation teams have been established, and the rehabilitation capacity of healthcare facilities has been defined. Emphasis has been placed on the necessity of informed consent from patients before starting rehabilitation, as well as the conditions for the appointment of rehabilitation aids. The amendments also include clarifications regarding the payment for medical services in cases where the rehabilitation capacity of medical facilities is exceeded.

**On Approval of the Action Plan for the Implementation of the Concept for Reforming the State Service for Special Communications and Information Protection of Ukraine for 2024-2025**

The Order of the Cabinet of Ministers of Ukraine dated October 18, 2024, No. 1021-r approves the action plan for the implementation of the Concept for Reforming the State Service for Special Communications and Information Protection of Ukraine for 2024-2025. Key provisions include:
– **Modernization of Government Communication:** Integration of networks into a single platform for providing modern services.
– **Re-equipping Units:** Providing territorial units with modern digital communication means.
– **Improvement of the Regulatory Framework:** Regulating new technologies for information protection.
– **Cyber Protection:** Development of mechanisms and means of cybersecurity, implementation of a compliance assessment system.
– **Training of Specialists:** Upgrading qualifications and updating educational programs in the field of information protection.

Overall, the action plan aims to ensure the reliability and uninterrupted operation of information and communication systems in the state, enhance cybersecurity levels, and optimize organizational structures in the field of special communications.

**On Amendments to the State Anti-Corruption Program for 2023-2025**

The Cabinet of Ministers of Ukraine has made amendments to the State Anti-Corruption Program for 2023-2025, which was previously approved. In particular, several points concerning corruption-generating factors and the conduct of independent audits at state enterprises have been excluded. The mechanism for ensuring the quality of defense-related goods has also been clarified, specifically the implementation of state guarantees for the quality of products that meet NATO standards. The changes also pertain to the appendices to the program, which contain specific provisions regarding its implementation.[:]

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