News of legislation
489)
[31.03.2009]
The amount of assistance for partial unemployment benefits in 2009 year
The Board of compulsory state social insurance of Ukraine against unemployment found by decree № 97 dated 29.01.2009 year the support for partial unemployment benefits for each hour of downtime from the calculation of two-thirds of the emploee set the tariff rate and its size can not exceed 500 hryvnias.
Decision came into force on 28 March 2009 year.
[31.03.2009]
Moratorium on the liquidation, disposition, redevelopment of recreation institutions
The Supreme Council of Ukraine passed a resolution of 17.03.2009 year № 1137-VI, which recommended that public authorities and local self-government, the founders recreation institutions temporarily, until the approval of the relevant law, to stop making decisions and to suspend execution of decisions already taken on liquidation, exclusion, re-transfer leased recreation institutions for activities not related to recovery and relaxation.
Decision came into force on 27 March 2009 year.
[31.03.2009]
List of documents required for transportation of goods by road inland service
The Cabinet of Ministers of Ukraine has approved by Dercee dated 25.02.2009 year the list of documents required for transportation of goods by road inland service.
For example, a driver-legal person or natural person-entrepreneur, who carries out freight contract, or for their own needs, such documents are:
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documents for the cargo;
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driving license of appropriate category and stub, that it relies;
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registration document for the carrier or certified in the prescribed manner a document that confirms the right of driving, use or disposal of this carrier;
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stub inspection;
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compulsory insurance policy, civilian and legal liability of owners of carriers.
In the event that services are provided in the contract, binding is the existence of a photocopy of the license, certified motor carrier, or licensed card.
In addition, for the driver is necessary to have track list with marks on the driver’s medical examination and inspection of technical condition of the carrier.
In the case of dangerous goods, other than the above-mentioned documents, an additional:
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certificate of admission of the carrier for transportation of certain dangerous goods;
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APTDG, certificate of training for drivers of carriers transporting dangerous goods;
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instruction in the event of an accident or an emergency;
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alignment route issued by SAI to road transport of dangerous goods.
For the transportation of goods in excess of the dimensions and weight restrictions also need to be permit issued by SAI for traffic roads, streets and rail crossings.
Decision came into force on 20 March 2009 year.
[31.03.2009]
License for a customs broker
State Customs Service of Ukraine reported by its letter of 18.03.2009 year № 11/8-10.12/2389-EP that the loss of validity procedure of customs brokers and their representatives, it has drafted a general order of State Committee for Regulatory Policy and Entrepreneurship and State Customs Service of Ukraine «About approval of License conditions of carrying out customs broker intermediation», since the entry into force by the State Customs Service will begin promptly issuing entities of business licenses for the right to perform customs brokering.
[23.03.2009]
Licensing conditions for economic activity in the construction of a creation of the architecture
Ministry of regional development and construction of Ukraine approved the license terms of economic activity in the construction of a creation of architecture that determine eligibility, institutional, technological and special requirements for these activities by Decree of 27.01.2009 №47.
These license terms are binding for all economic entities, irrespective of their organizational-legal form and ownership, which performed the work relating to the creation of architecture, according to the list of works of economic activity in the construction of the creation of objects of architecture (hereinafter – List of works). Thus, given the type of activity the subjects of economic activities carried out under these conditions:
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an approved organizational and functional structure in accordance with the list of works that are ordered;
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availability of the approved provisions of the relevant structural units and job descriptions of employees in accordance with the distribution of responsibilities, authority and responsibility of individuals, staffing;
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staffing of the company engineers and employees of occupations and qualifications in accordance with the organizational and functional structure of the company, the provisions of Classifier of occupations (CO 003:2005) and the requirements of the Handbook of qualification characteristics of professions officers (Issue 64);
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availability of technology, equipment, supplies, tools, according to the technological requirements of the performance claimed in the statement of work; performance was conducted in accordance with legal and technical documents (SBN, SNAR, GOST, TC);
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compliance with the requirements of industrial safety and health. These license conditions separately identified organizational, skill and technology requirements for the design, construction, installation and engineering.
The decree came into force on 22 March 2009 year.
According to the decree of the State Committee of Entrepreneurship and the Ministry of Regional Construction of 16.02.2009 №29/70 of the same date, will lose because of an Order of State Committee of Entrepreneurship and the State Committee of Construction, Architecture and Housing Policy of 13.09.2001 №112/182 “About Approval of License conditions construction activities ( design work for construction, erection and load-bearing frame structures, construction and installation engineering and transport networks)”.
[23.03.2009]
Changes to some laws of Ukraine concerning the prevention of negative consequences of the impact of the global financial crisis on the development of agro-industrial complex
In order to prevent negative consequences of the impact of the global financial crisis on the development of agro-industrial complex HSU of 04.02.2009 №922-VI has made changes to the Law “About State Support of Agriculture of Ukraine”, according to which:
- Agrarian Fund granted the right to pursue the implementation of state price control, taking advantage of the favorable market conditions;
- cereals, which are subject to state price control, or under which the loan was received on the budget in public procurement planted, shall be maintained exclusively for certified grain store (granary, elevators). The fee for such savings can not exceed 2 percent of the cost of grain, its international of the minimum purchase price (in the calculation for every 30 calendar days of the savings each metric units of measurement of its volume);
- CMU establishes a regime of price regulation cost of such services:
Veterinary Medicine (a research laboratory, veterinary clearance certificate);
cereals inspection (inspection and registration certificate);
quarantine inspection (inspection and registration certificates, the fumigation).
In addition, Change made to the Final Act of 31.10.2008 №639-VI “About the priority measures to prevent negative effects of the financial crisis and on amending certain legislative acts of Ukraine”, which determined that the NBU provides loans to banks to refinance with a voluntary prolongation of such a bank debt of borrowers – agricultural producers (if any) for a period not less than the term for which is provided refinancing (but not less than 365 days).
Also, the Act provided for a ban on the sale of lands of agricultural purposes prior to 1st January 2010 year.
The Act came into force on 17 March 2009 year.
[23.03.2009]
Changes to Regulations of retail trade in oil products
The Cabinet of Ministers of Ukraine introduced changes to the Rules of the retail trade in oil products by Decree №162 dated 05.03.2009, which entered into force on 16 March 2009 year, according to which:
1. Information on petroleum products should also include statements about the content of harmful substances, which are regulations on the conditions of conservation of petroleum products. Information provided to the consumer in accordance with the law of languages.
2. Calculation for the sale of petroleum products are carried out in cash or by bank calculation (with the use of payment cards, tickets, statements leave petroleum products) in the procedure established by law. Calculation with the use of vouchers in accordance with contracts or statements on leave of oil are carried out solely by banks.
3. The consumer has the right for 14 days from the date of purchase to exchange oil at a normal quality of the subject of similar facilities in which they were purchased, when oil may not be used for the purpose. This exchange is carried out if oil is not used, maintained their appearance, quality, seals, labels, and in the presence of its international instrument.
4. You may not shipping gasoline in the tank and other tanks that were previously used to transport other petroleum products, without proper training in accordance with the regulations.
5. You may not receive oil at the gas station failing:
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Lack of seals on the tank shipper, it has been damaged (in case of sealing of vehicles) or a mismatch of a print of goods bill of lading;
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Lack of evidence on the vehicles; failure discharge apparatus tank car;
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Dead earth;
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Storms;
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Improper design or lack of inventory of the consignment note;
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Availability of commodity water and motor oil additives;
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Lack of quality of petroleum products requirements of normative documents;
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Lack of passport quality of its oil, or improper design (no number, brand and type, not all of the indicators of quality);
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Lack of a copy of the certificate of conformity or a certificate of recognition of conformity.
[17.03.2009]
Changes to the Law of Ukraine «About the lease of state and municipal property»
The Supreme Council of Ukraine introduced changes to the Law «About Leasing of state and municipal property» by Law of 19.02.2009 № 1022-VI, according to which the tenant, who duly performed his obligations under the lease, is the prevailing law on a contract for a new term, except cases, if the leased property is necessary for the needs of its owner.
[17.03.2009]
Changes in the Regulation of trade in the markets
Ministry of Economy of Ukraine, the Interior Ministry, State Tax Administration, the State Committee for Technical Regulation and Consumer Policy 26 Jan., 2009 issued a decree № 38/19/16/39 «About addition of paragraph 47 of the Regulations of trading in the markets», which was supplemented by a list of not permitted for sale on the illicit market instruments collecting animals.
The decree came into force on March 09, 2009 year
[17.03.2009]
The procedure for the recognition of securities issue of unfair and ineffective
The decision of the State Commission on Securities and Stock Market № 52 dated 02.02.2009 year entered into force on 06 March 2009, which approved the Procedure for the recognition of securities issue of unfair and ineffective, which determines the mechanism of recognition Commission issuance of securities unfair, suspension of open (public) placement, as well as recognition of securities issue void.
This Procedure applies to emission securities, issuance of registration which the SCSSM as follows: equities, bonds, businesses, local domestic borrowing bonds, mortgage certificates, mortgage bonds, certificates of real estate funds and does not extend to the institutions issuing the joint investment.
The grounds for the recognition of emissions unfair in open (public) placement are:
- Violation of the requirements of the issuer of the Law «About securities and stock market»;
- Inconsistency of documents filed by the issuer or information that they contain, the requirements of the legislation and / or the list fixed by the registration authority;
- Violation of the decision to open (public) placement of securities;
- Introduction of false information in the prospectus of securities, and documents filed for registration of securities issue prospectus, and their emissions;
- Systematic or flagrant violation of the issuer of the investors at the time of the relevant securities issues.
The decision on the recognition issue of securities was adopted unfair SCSSM and arranged in the order.
Recognition of issue of securities is not valid grounds for cancellation of registration of securities, issuance of which is recognized as invalid. The registration authority shall order the recognition issue of securities void, cancelling the registration of securities, issuance of which is recognized as invalid, and the cancellation of a certificate of registration of securities.
[10.03.2009]
Changed the procedure of filling the cargo customs declaration
State Customs Service of Ukraine made changes to some of its decrees, which changed the procedure of filling the cargo customs declaration by Decree dated 16.12.2008 № 1414.
Thus, the changes have been made to:
1. Instructions on how to fill the cargo customs declaration, in accordance with the need to fill in specific fields CCD declarant is determined according to the rules of filling the graph given in the instructions, based on the direction of movement of the selected customs regime, the presence or absence of descriptions of the graphs and the existence of warnings in the text description of this graph. The column should not be filled by the declarant, if the movement of goods meet the conditions specified in the description of this row warnings or instructions corresponding to the head (in accordance with the direction of motion) has no description.
2. Instructions on the first free simplified declaration of humanitarian goods, in accordance with instructions with the help of those delete paragraph 13, which is defined by a special procedure for filling the CCD, with the delivery of humanitarian aid to Ukraine.
3. The application of a temporary and incomplete declaration in accordance with the customs regime of import (for release for free circulation), under which the use of a temporary declaration for declaring goods which are transported pipeline or power transmission lines, it does not require prior permission from customs authorities in the release of goods in free turnover in the temporary declaration occurring in the manner determined by CMU for the kind of product.
4. How to use a separate customs declaration, in which the Ukrainian goods - are goods which are in free circulation in the customs territory of Ukraine, foreign goods - goods that do not reside in such treatment. The decree came into force on 1 Mar., 2009
[10.03.2009]
Changes to the List and the volume of energy-efficient materials, equipment and components that are exempted from import duty
Cabinet of Ministers of Ukraine introduced changes to the List and the volume of energy-efficient materials, equipment and components that are exempted from import duty (Decree № 132 of 18.02.2009 year), which are excluded from the following positions: rolling mills and rolls to them, centrifuges, including centered drying apparatuses, gas or water gas generators, treatment plants with or without them, the air or vacuum pumps, air or other gas compressors and fans, automatic data processing machines and units, pumps for liquids with or without consumptionmetr him and others (total 23 positions).
[10.03.2009]
Changes to order the replacement of private notary
Ministry of Justice of Ukraine dated 16.02.2009 approved the Regulations on the Procedure for the replacement of private notary in the new edition by Decree dated 16.02.2009 № 278/5.
New amended Regulations as follows:
1) reported the suspension of its activities for a period exceeding one week provided the notary public at the appropriate Department of Justice no later than one working day before the date of suspension of activities;
2) if the notary has the intention to suspend operations at their own request for a term not exceeding two months during the calendar year, or longer if there is good reason (pregnancy, child care, illness, etc.), and some other cases, the above message should contain information concerning private notary, which concluded the contract on the replacement of private notary and a copy of the contract;
3) private notary is obliged to suspend activities of the receipt of a copy of the decree to temporarily suspend its activities;
4) The duration of the replacement private notary may not exceed two months during the calendar year. If there are valid reasons (pregnancy, child care, illness, etc.) or in cases of temporary suspension of the notary's work on the initiative of Department of Justice, this period may be extended;
5) simultaneous replacement of more than one private notary is not permitted;
6) The private notary, which replaces, in the event of a return to the implementation of notarial activity is required on the same day a written report to the appropriate Department of Justice on the execution of its powers.
In addition, the new edition of no case where a private notary was not able to agree with another notary on his replacement.
The decree came into force on 1 Mar., 2009
[02.03.2009]
Expanding the list of activities on which the special tax treatment of activities in the field of agriculture, forestry and fishery is spreading
The Cabinet of Ministers of Ukraine made changes to the list of activities by its Order dated February 11, 2009 № 87 on which the provisions of Article 8-1 of the Law of Ukraine «About Value-Added Tax» is spreading, as follows: section 2 «Vegetables, ornamental horticulture and cultivation Product hotbed» refers activity «growing mycelia and mushrooms, picking wild mushrooms»; added section 8-1«Mixed agriculture». Decision came into force on 21 February 2009.
[02.03.2009]
Licensing conditions for economic activities in the field of technical protection of information
February 22, 2009 came into force on the overall Order of State Committee for Regulatory Policy and Entrepreneurship and the State Administration of special communications and information security of 20.01.2009 № 5/9, which approved the licensing of business activities with the development, production, use, maintenance, study of the effectiveness of systems and means of technical protection of information, the provision of technical protection of information.
These license conditions determine eligibility, institutional, technological and other requirements for the subjects of economic activity where performance is a prerequisite for the holding of jobs and providing services in economic activity with the development, production, use, service, research the effectiveness of systems and means of technical protection of information the provision of a technical protection of information (hereinafter TPI). If the entity is engaged in economic activity and economic activity in the area TPI in certain types of work, the approved license terms apply to him in the part that sets the requirements for an elected job.
In connection with the adoption of this ordinance State Committee of Entrepreneurship and State special connection recognized so that no longer valid, the general decree State Committee of Entrepreneurship and the Department of Special Telecommunication Systems and Information Protection of Security Service of Ukraine of 29.12.2009 № 89/67 «About Approval of License conditions of carrying out business activities related to the development , production, use, service, research the effectiveness of systems and means of technical protection of information, the provision of technical protection of information.»
[02.03.2009]
Qualifying exam for notaries
Ministry of Justice of Ukraine with the help of Decree of 07.02.2009 № 224/5 approved the holding of the qualifying exam for persons, who during three years after receiving the certificate of the notary's right to engage in activities not carried out notarial activities that came into force on 23 February 2009.
According to the procedure, qualification exam is holding for the above persons under the qualification commission that is created at the Department of Justice, Ministry of Justice of Ukraine in the Crimea, the Main Department of Justice in areas of the cities of Kiev and Sevastopol. This commission operates within the 5 people. Its duration - 3 years.
The decision on admission to the exam and the date of his commission was adopted in a period of up to 15 days from the date of filing the application for admission to the qualifying exams. Qualifying exam is conducted as an interview. As a result of its commission by majority vote shall decide on the confirmation of a qualification. The decision shall be considered adopted if it receives at least three member commission.
Those who have not passed the qualifying exam shall be deemed to be such that it is not confirmed their qualification, and may be admitted to its re-delivery not earlier than six months.
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