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[:uk]Resolution of the Grand Chamber of the Constitutional Court of Ukraine on the termination of constitutional proceedings in the case concerning the constitutional submission of 51 Members of Parliament of Ukraine regarding the compliance of the Constitution of Ukraine (constitutionality) with the provisions of Section I, second paragraph of Subparagraph 1 of Paragraph 2 of Section II of the Law of Ukraine "On Recognizing as Invalid the Law of Ukraine 'On the List of State Property Objects Not Subject to Privatization'"[:][:uk] Resolution of the Grand Chamber of the Constitutional Court of Ukraine dated October 1, 2024, No. 6-уп/2024 Case Summary: The Grand Chamber of the Constitutional Court of Ukraine examined the constitutional submission of 51 Members of Parliament of Ukraine. The deputies challenged the constitutionality of the provisions of Section I and the second paragraph of Subparagraph 1 of Paragraph 2 of Section II of the Law of Ukraine “On Recognizing the Law of Ukraine ‘On the List of State Property Objects Not Subject to Privatization’ as Invalid” dated October 2, 2019, No. 145-IX (hereinafter referred to as Law No. 145). Main Provisions of the Resolution: Closure of Constitutional Proceedings: The Constitutional Court of Ukraine closed the proceedings in the case concerning the constitutional submission of the deputies based on the grounds provided by law. Provision of Section I of Law No. 145: Section I of Law No. 145 recognized as invalid the Law of Ukraine “On the List of State Property Objects Not Subject to Privatization” No. 847-XIV. The authors of the submission believed that this contradicts several articles of the Constitution of Ukraine, particularly regarding the powers of the Verkhovna Rada of Ukraine and the protection of state property. The Court established that the actual repeal of the list of objects not subject to privatization was caused by the actions of the legislator, but the issue of the absence of legislative regulation does not fall within the jurisdiction of the Constitutional Court of Ukraine. The Court noted that addressing the issue of legislative gaps in this area falls within the competence of the Verkhovna Rada of Ukraine. Provision of the second paragraph of Subparagraph 1 of Paragraph 2 of Section II of Law No. 145: This provision excluded the nineteenth paragraph from part two of Article 4 of the Law of Ukraine “On the Privatization of State and Communal Property” No. 2269-VIII, which concerned the national postal operator. The Members of Parliament argued that this contradicts the Constitution of Ukraine, as it may lead to the alienation of property belonging to the state postal operator. The Court established that the authors of the submission did not provide adequate justification for their claims regarding the unconstitutionality of this provision. The Court emphasized that assumptions cannot be considered arguments supporting the unconstitutionality of legal acts. Grounds for Closing Proceedings: Regarding Section I of Law No. 145 – based on paragraph 2 of Article 62 of the Law of Ukraine “On the Constitutional Court of Ukraine,” since the issue does not fall within the Court’s jurisdiction. Regarding the second paragraph of Subparagraph 1 of Paragraph 2 of Section II of Law No. 145 – based on paragraph 3 of Article 62 of the same law, due to the constitutional submission’s non-compliance with legal requirements. Court Conclusions: The Constitutional Court of Ukraine does not have the authority to resolve issues related to legislative gaps caused by legislative inaction. The constitutional submission must contain adequate justification for claims of unconstitutionality of an act or its individual provisions. Key Aspects of the Resolution: The Court emphasized its powers defined by the Constitution of Ukraine and the Law “On the Constitutional Court of Ukraine.” The absence of a legislative act that should have been adopted by the Verkhovna Rada of Ukraine cannot be subject to consideration by the Constitutional Court of Ukraine. Failure to provide adequate justification in the constitutional submission is grounds for refusal to consider the case. Final Provisions: The resolution of the Constitutional Court […]

[:uk]On the approval of the requirements for the algorithm and criteria for the formation of a unique group identifier.[:][:uk]The Cabinet of Ministers of Ukraine […]

[:uk]On Amendments to the Terms of Providing Affordable Mortgage Lending to Citizens of Ukraine by the Private Joint-Stock Company "Ukrainian Financial Housing Company"[:][:uk]The Cabinet of Ministers of Ukraine adopted Resolution No. 1136 on October 4, 2024, which amends the Conditions for ensuring accessible mortgage lending for citizens of Ukraine by the Public Joint Stock Company “Ukrainian Financial Housing Company.” The main provisions of this resolution involve amendments to the previously approved conditions. Let us examine the amended points in detail: 1. Addition of Subparagraph 5 of Paragraph 8 Subparagraph 5 of Paragraph 8 now includes a new paragraph after the tenth paragraph, which states: “Procedure for preferential mortgage lending to internally displaced persons financed by grants provided by the Reconstruction Credit Institution (KfW), approved by the Resolution of the Cabinet of Ministers of Ukraine dated April 28, 2021, No. 451 (Official Bulletin of Ukraine, 2021, No. 39, p. 2326).” This addition means that the list of legal acts on the basis of which accessible mortgage lending is carried out now also includes the Procedure approved by Resolution No. 451 dated April 28, 2021. This Procedure pertains to preferential mortgage lending for internally displaced persons financed by grants from the Reconstruction Credit Institution (KfW). 2. Presentation of Subparagraph 3 of Paragraph 9 in a New Edition Subparagraph 3 of Paragraph 9 is presented in a new edition, which details the types of real estate that cannot be subject to mortgage within the framework of the accessible mortgage lending program. In particular, it is specified: General Restrictions: The subject of the mortgage cannot include premises of housing funds intended for temporary residence; summer or garden houses; buildings and apartments that are architectural monuments and listed in the State Register of Immovable Monuments of Ukraine. For Candidates of Certain Categories: restrictions are established regarding the age of the building (based on the date of commissioning) and territorial location. Detailing restrictions by categories of persons: For Candidates Defined in Subparagraphs 1-5 of Paragraph 3 of the Conditions: Apartments: If the property is located in Chernihiv, Sumy, Kharkiv, Zaporizhia, Kherson regions – commissioned earlier than 10 years before the date of the contract (i.e., buildings older than 10 years cannot be subject to mortgage). If the property is located in other regions or Kyiv – commissioned earlier than 3 years before the date of the contract. Residential Houses: similar restrictions regarding the date of commissioning as for apartments. For Candidates Defined in Subparagraph 6 of Paragraph 3 of the Conditions: Apartments and Residential Houses: cannot be subject to mortgage if they were commissioned earlier than 10 years before the date of the mortgage agreement. For Candidates Defined in Subparagraph 6-1 of Paragraph 3 of the Conditions: Apartments and Residential Houses: similar restrictions as for the previous category (older than 10 years are not suitable). For Candidates Defined in Subparagraph 7 of Paragraph 3 of the Conditions: Apartments and Residential Houses: properties commissioned earlier than 3 years before the date of the mortgage agreement cannot be subject to mortgage. It is also noted that a residential house located on a land plot that does not belong to residential and public development land cannot be subject to mortgage. 3. Amendments to Paragraph 11 In the second, fifth, and sixth paragraphs of Paragraph 11, after the words “initial payment,” the phrase “or its part” has been added. This means that where it previously referred to “initial payment,” the possibility of making a partial initial payment is now taken into account. Thus, the terms become more flexible regarding the payment of the initial payment or its part. Entry into Force The resolution comes into force 30 days after its publication, except for the eleventh and thirteenth paragraphs of Paragraph 2 of the amendments approved by this resolution. These paragraphs will come into force on December 18, 2024. The specified paragraphs relate to specific provisions in the list of amendments affecting certain categories of candidates and conditions for mortgage len […]

[:uk]Some issues regarding the provision of subsidies from the state budget to local budgets for ensuring the nutrition of students in primary classes of general secondary education institutions in 2024.[:][:uk] The Cabinet of Ministers of Ukraine adopted the resolution dated October 4, 2024, No. 1145, which regulates the provision of a subsidy from the state budget to local budgets for ensuring meals for students of primary classes in general secondary education institutions in 2024. Main provisions of the resolution: Approved the Procedure and Conditions for Providing Subsidies from the state budget to local budgets for ensuring meals for students of primary classes in 2024. This was done in accordance with part two of Article 97 of the Budget Code of Ukraine. The volume of the subsidy has been distributed among local budgets according to the annex to the resolution, in accordance with Article 49 of the Law of Ukraine “On the State Budget of Ukraine for 2024”. Amendments have been made to the resolution of the Cabinet of Ministers of Ukraine dated March 24, 2021, No. 305 “On the Approval of Standards and Procedures for Organizing Meals in Educational Institutions and Children’s Health and Recreation Institutions.” These amendments are attached to this resolution. The Ministry of Finance is instructed to ensure the introduction of changes to the state budget schedule related to the distribution of the subsidy. The Ministry of Education and Science must conduct an analysis of the effectiveness of the subsidy distribution within one month and submit the relevant information to the Ministry of Finance. Based on the analysis, if necessary, the Ministry of Education and Science should submit proposals to the Cabinet of Ministers of Ukraine regarding the redistribution of the subsidy volume taking into account the updated number of students as of October 1, 2024. Procedure and Conditions for Providing Subsidies: Purpose of the subsidy: to provide one-time hot meals for students of primary classes in educational institutions of communal ownership (primary schools, gymnasiums, lyceums). Main administrator of funds: Ministry of Education and Science of Ukraine. Methods of providing meals: By the educational institution independently (through employees included in the staff schedule). Through service providers for meals (catering or outsourcing). Financing of expenditures: Purchase of food products – if meals are provided by the educational institution independently. Payment for catering or outsourcing services – if meals are provided by third-party organizations. Funding limitations: when using catering or outsourcing, the subsidy covers no more than 70% of the service cost. Conditions for the use of the subsidy by local self-government bodies: The educational process is organized in the full-time format or in a combination of full-time and distance formats. Meals for students comply with sanitary legislation and legislation on food safety and quality. The cost of meals per one student of primary classes does not exceed the cost of meals for students of grades 5-11 (12). The type of meal (breakfast before 12:00 or lunch after 12:00) is determined based on the organization of learning (for example, in two shifts). Prohibition on the use of funds: the subsidy cannot be used for the purchase of goods or services not directly related to the meals for students of primary classes. Powers of local councils: Redistribution of the subsidy among educational institutions to ensure complete coverage of meals. Transfer of subsidy funds as an inter-budget transfer to other local budgets. Additional sources of funding: international technical assistance and other sources not prohibited by law may be used for additional funding of student meals. Procurement of goods and services: carried out in accordance with the legislation on public procurement. Advance payment: may be made in accordance with the procedures provided by law. Financial procedures: The Treasury transfers the subsidy in accordance with established procedures, accounting and reporting are carried out in accordance with the law. Reporting: Regional and Kyiv City State Administrations shall submit a report on the use of the subsidy to the Ministry of Education and Science by the 10th of each month. The Treasury shall inform the Ministry of Finance and the Ministry of Education and Science about the amounts transferred by the 15th of each month. The Ministry of Education and Science shall submit consolidated information on the use of the subsidy to the Ministry of Finance by the 20th of each month. Amendments to the Nutrition Standards: Adjustment of standards: changes related to the organization of meals in educational institutions have been made to resolution No. 305 dated March 24, 2021. New annex: annex 9-1 has been added, which establishes consumption standards for the main groups of food products for organizing one-time meals (lunch) in educational institutions for a five-day stay. Clarifications in the Procedure for Organizing Meals: Clause 4 states that students of primary classes are provided with free one-time meals (breakfast or lunch) regardless of their privileged category, educational shift, or frequency of meals. Clause 16 has been amended regarding the possibility of choosing between breakfast and lunch dep […]

[:uk]On the decision of the National Security and Defense Council of Ukraine dated October 5, 2024, "On the application of personal special economic and other restrictive measures (sanctions)"[:][:uk] The Decree of the President of Ukraine No. 692/2024 dated October 5, 2024, provides for the implementation of the decision of the National Security and Defense Council of Ukraine (NSDC) of the same day regarding the application of personal special economic and other restrictive measures (sanctions). Key Provisions of the Decree: Implementation of the NSDC Decision: The President of Ukraine, guided by Article 107 of the Constitution of Ukraine, decrees to implement the NSDC decision dated October 5, 2024, “On the Application of Personal Special Economic and Other Restrictive Measures (Sanctions).” This means that the NSDC decision acquires official status and is subject to enforcement. Oversight of Implementation: Responsibility for overseeing the implementation of the NSDC decision enacted by this Decree is assigned to the Secretary of the NSDC. The Secretary must ensure the enforcement of the sanctions outlined in the decision and coordinate the activities of the responsible authorities. Entry into Force: The Decree comes into force on the day of its publication. This is a standard procedure that ensures official notification to the public and authorities regarding the enactment of the regulatory legal act. Content and Significance: This Decree is an official document that formally endorses the NSDC decision regarding the application of sanctions. Personal special economic and other restrictive measures (sanctions) may include asset freezes, travel bans, restrictions on trade operations, and other measures directed at specific individuals or organizations. The reference to Article 107 of the Constitution of Ukraine indicates that the President is acting within his powers to ensure national security and defense. The NSDC is a coordinating body under the President, and its decisions become mandatory after being enacted by the relevant Presidential Decree. Thus, the Decree initiates the process of applying the sanctions stipulated in the NSDC decision and establishes the mechanism for their […]