News of legislation
489)
[28.04.2009]
Institute for primary dealers in government securities market
The Cabinet of Ministers of Ukraine imposed institute for primary dealers in government securities market, and also approved the Regulations on the institute for primary dealers, which defines the conceptual principles of the functioning of that institute by Decree №363 dated 14.04.2009 year.
Thus, primary dealers are banks, defined by Ministry of Finance of Ukraine that have committed themselves to cooperate with the Ministry of Development of the domestic market for government securities in exchange for the exclusive right to participate in the bonds of domestic government loan (further – Bonds) and the dominant right to participate in other operations, which the Ministry of Finance holds with such bonds.
Primary dealers will be able to be banks, which are
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license to conduct professional activities in the stock market (up to trade in securities);
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paid up share capital, which is equivalent to not less than a 10 million euro;
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practical experience in the bond market (total trade in bonds is at least as 1 billion hryvnas).
The total number of primary dealers can not exceed 16.
The Ministry of Finance is concluding the relevant treaties with the primary dealers. Treaties, which is concluded with the first six primary dealers on the part of the exclusive right to participate in the placement of bonds, will go into effect after the making of contract by the Ministry of Finance with the 6th primary dealer.
Decision came into force on April 27, 2009 year.
[28.04.2009]
Changes to the size of spending on information and technical support of trials
The Cabinet of Ministers of Ukraine has amended its Decree №1258 dated 21.12.2005 year “About approving the payment of expenditures for information and technical support of trials dealing with the civilian and economic affairs, and their size” by Decree №361 dated 14.04.2009 year, which set out in the new edition of the size of spending on information and technical support of trials dealing with the civilian and economic affairs.
Thus, the size of spending on information and technical support of trials, dealing with civilian affairs, would be defined as the minimum wage and the rate of spending, depending on the category of cases, which is determined by:
for the cases of the suit on the dispute of the property – 0,4;
for the affairs to review the statement of claim:
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to break a marriage – 0,05;
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to break a marriage with a person, recognized in the prescribed manner who is missing or handicapped due to mental illness or dementia, or with a person sentenced to imprisonment for a term of not less than 3 years – 0,02;
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that found in other family relationships – 0,4;
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for injury damages, other mutilation or death of an individual – 0,08;
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non-property nature of the honor, dignity and business reputation – 0,2;
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non-character (or one which is not subject to assessment), in particular, to change or break a contract rentals of residential premises, the continuation of the inheritance timing of the distress abolition – 0,06;
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to protect the rights of the citizen in the allotment and property shares – 0,12;
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by pre-dispute – 0,12;
for separate cases – 0,05;
for writ cases – 0,07;
for cases of recognition and enforcement of foreign court decisions in Ukraine – 0,08.
For address the economic status of these expenses will amount 50% of the minimum wage.
Decision came into force on April 27, 2009 year.
[28.04.2009]
Changes on the order of discovery, use and closure of accounts in national and foreign currencies
National Bank of Ukraine has approved changes to the instructions on the order of discovery, use and closure of accounts in national and foreign currencies by Decree №158 dated 23.03.2009 year, according to which:
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if the bank has confirmed the information that any of the filed documents for opening an account is inactive, the bank should refuse to face the opening of such accounts;
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when opening an account for the establishment of authorized capital, joint stock company, instead of the constituent instrument of the bank filed a decision on the basis of a joint stock company or a copy certified by notary;
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list of transactionsthat may occur with the current account in foreign currency of legal persons – residents on the order of the account holder, completed the operation with a transfer from Ukraine of foreign currency to pay for the entrance or membership fees in international organizations on the basis of documents that confirm the need for specified transfers;
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on current accounts in national currency for private individuals – non-residents may enroll funds listed in the current account of another natural person – a non-resident;
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with current accounts innational currency for private individuals – non-residents on the order the owner or on his behalf could carry out the transfers for the purchase of foreign currency on the interbank currency market of Ukraine in order to transfer it abroad;
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on current accounts in foreign currency of individuals – residents can be counted only the cash that paid/transferred to the account holder and can not be counted currency listed by customs authorities, which was adopted by the saving;
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currency, which is imported into Ukraine and declared the customs authorities at the time of entry into Ukraine, as well as the currency for payment instruments, imported and declared in Ukraine account holder can be credited to the current account in foreign currency of an individual – non-residents over the years from the date of registration customs declaration;
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a natural person – resident who left for permanent residence abroad and become non-resident, should close the current accounts in national and foreign currencies, which were previously open to her as a resident, and to open an account as a natural person – non-resident. The balance of the account of an individual – resident is transferred to the account of the physical person, as an open non-resident;
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in the event of change the name of the bank, which is not related to its reorganization, change of customer accounts is not being implemented.
Decision came into force on April 20, 2009 year.
[24.04.2009]
Changes to the list and the volume of energy-efficient materials, equipment and components that are exempted from import duty
“The question of importation into the customs terrotory of Ukraine of energy-efficient materials, equipment and accessories” was approved by Decree of the Cabinet of Ministers of Ukraine №444 of 14.05.2008 year the list and the amounts of energy-efficient materials, equipment and components that are exempted from import duties.
The Cabinet of Ministers of Ukraine Decree № 132 dated 18.02.2009 amended to the above list, which is excluded from the following positions: rolling mills and rolls for 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 and others (total 23 positions).
The changes came into force on April 20, 2009 year.
[24.04.2009]
The order of the Ukrainian Cabinet of Ministers consent to the transfer of rent complete property complexes of state-owned enterprises
The Cabinet of Ministers of Ukraine approved the provision of the Ukrainian Cabinet of Ministers consent to the transfer of rent of complete property complexes of state-owned enterprises by Decree №317 dated 08.04.2009 year, which determine the mechanism of Cabinet of Ministers of the central bodies of executive power, others to management of public property, national and sectorial academies Science consent to the transfer of rent complete property complexes of state-owned enterprises.
Thus, in the case of income from the Fund of state property or its regional offices provided by the law of property, renting a coherent set of public enterprises and the lack of the reasons for refusing to sign a lease agreement that set the organs develop and submit to align with the Ministry of Economy, the Ministry of Finance and the State Property Fund of the draft decision of Cabinet of Ministers of Ukraine as to whether to consent to the transfer of the rental property sector, which must be attached the following documents:
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notary copy of the statute of the state-owned enterprise, set the property proposed for lease;
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information about production capacities of the state-owned enterprise, the scope and range of primary products, including export, the quantity and skill composition of employment, level of profitability over the past three years, the amount of accounts receivable and payable, the existence of assets in mortgage, tax pledge, lease, leasing;
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concludes that the property set is not prohibited to transfer in the lease;
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excerpt from the existing line concepts and development programs, investments that relate to such a state enterprise;
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information on the value of a property complex, which is defined according to the accounting, and the size of the land on which houses a complex;
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rationale regarding the benefits solutions for rentiong a property complex;
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proposals concerning conditions of competition for the right to lease the property and set conditions for the future of the lease.
In the case of the Ukrainian Cabinet of Ministers decision on the testimony of the consent to the transfer of rental property complex landlord commits acts provided for by law on the preparation and conduct of the competition for the right to lease property from the complex and the winner of the rent agreement of the complex.
In addition, according to the Cabinet of Ministers of Ukraine №316 of 25.03.2009 year prior to 1st January 2010 year the rental rate specified in Appendix 2 Methodology for calculation and use of the rental of state property (excluding payments for placement of playing facilities, points of sale of lottery tickets and currency exchange offices, as well as pawnshops, markets, restaurants with night-mode), use of 45% of the volume.
By operating leases, which are prior to the entry into force of this Ordinance, shall apply the rental rate in the above amount.
The order came into force on April 14, 2009 year.
[14.04.2009]
Licensing conditions for economic activity for the production of pharmaceuticals, wholesale, retail trade in medicines
The State Committee for Regulatory Policy and Entrepreneurship and the State Inspectorate for Quality Control of drugs approved the new license conditions for economic activity for the production of pharmaceuticals, wholesale, retail trade in medicines by general decree №44/27 of 03.03.2009 year.
These License terms apply to all subjects of economic activity – recorded in the procedure established by law of legal persons, irrespective of their organizational-legal form and ownership, which conduct business related to the production of pharmaceuticals, wholesale, retail trade in drugs, as well as individuals – businesses that work in this field (hereinafter – the subject of economic activity).
In the event that the ebtity conducts business activities indicate the type of economic activity not in full and part license terms aplly to the subject of economic activity in the part that sets the requirements for conducting business activities specified in the license.
Reception of documents that are submitted for a license, issuance, revocation and re-licensing, issuance of duplicate licenses, the maintenance of royalties and licensing registers, control within its competence, compliance with the License conditions licensees, issuing orders to eliminate violations of License conditions of a state inspection on quality medicines.
To obtain a license agent of economic activity provides, in person or through an authorized person, the State Inspectorate for Quality Control of drugs appropriate application. In the case of the applicant separate structural units, which will carry out business activities on the basis of a license, the statement indicated their whereabouts.
State Inspectorate for Quality Control of drugs, decide to issue a license or refusal of its issuance in the period not later than 10 working days of receipt of an application for a license and documents that are attached to it.
Notice of the decision on issuing a license or refusal to issue a license applicant to be sent in writing to the three working days from the date of decision.
License issued to the applicant himself or his proxy is not later than three working days after receiving the document that confirms payment for a license.
In view of the adoption of this Order, the Ministry of Health of Ukraine and State Committee of Entrepreneurship admitted by general decree №46/133 dated 03.03.2009 year that has become invalid, the decree №3/8 of 12.01.2001 year “About approval of licensing conditions for economic activity for the production of pharmaceuticals, wholesale, retail trade in medicines”.
Licenses issued prior to the entry into force of the new licensing act before the end of the term for which they were issued.
Decree came into force on 13 April 2009 year, except for certain provisions, which come into force on 01.01.2010 year.
[14.04.2009]
Licensing conditions for the implementation of activities in the field of telecommunications to the provision of mobile telephony with the right to maintenance and operation of telecommunications netw
In accordance with clause 44 “About telecommunications” the responsible authority for approving the license conditions in the field of telecommunications and monitoring of maintenance determined by the National commission for the regulation of communications.
Based on these powers, the National commission for the regulation of the communication approved changes to the licensing of in the field of telecommunications to the provision of mobile telephony with the right to maintenance and operation of telecommunication networks and the use of telecommunications by decision №1398 dated 12.03.2009 year, according to which:
1) a licensee who has received a license to provide mobile telephony services, should begin to provide services under the license for 6 months from the date of its receipt. If the license more than one region or a license to provide services throughout the territory of Ukraine, the licensee must begin to provide services in each region at intervals of not more than two months.
Over the year since the issuance of the license the licensee is obliged to cover their own network of 90% of the cities in the region (first region), specified in the license. For two years – 80% of all settlements and major transport routes, the region (first region), specified in the license;
2) a licensee must:
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provide telecommunication services stipulated for the license, using their own network around the clock, with the exception of breaks for the necessary preventive and repair work;
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provide consumers with appropriate, accessible, reliable, timely and complete information regarding the telecommunication services that offer it or its providers, as well as the perpetrators of such services. This information should give consumers the opportunity of informed choice of services and control over their execution;
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provide consumers with access to telecommunication networks of general use to call the fire brigade, police, ambulance, emergency service gas and service assistance, call 101, 102, 103, 104 and 112 respectively gratis.
With the purpose of protection the Ukrainian digital cellular radio networks of different standarts of a not for use in mobile phones Ukraine (hereinafter-terminal), the licensee shall carry out a connection to the network and provide services only for such terminals, international identification codes (code IMEI) which are in a common base Data code IMEI, which is controlled by Ukrainian State Centre of Radio Frequencies.
In case of absence after 30.07.2009 year subscrimer terminal IMEI code, which provided telecommunication services in a common data base code IMEI Licensee terminal sends a message to the phone number of the caller on the possible suspension of the provision of telecommunication services to the terminal indicating the reason.
The maximum total term of the telecommunication services in the terminal, IMEI code which is not in the common database, not to exceed three months from the date of first registration IMEI code of the terminal in the network of any mobile operator in Ukraine.
Decision came into force on 13 April 2009 year.
[14.04.2009]
The license for the extraction of minerals
The Cabinet of Ministers of Ukraine introduced changes to the list of documents by Decree №296 of 02.04.2009 year that are enclosed with the application for a license for a particular type of economic activity, in accordance with those to obtain licenses for the extraction of minerals from deposits that have national significance and includes in the State fund of mineral resources, health and a statement on the license should be submitted the following documents:
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Statement signed by the applicant of the availability of expertise needed to perform the appropriate type of economic activity;
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Statement signed by the applicant about the existence and condition of equipment;
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Certified copies in the prescribed manner:
1) documents that confirm the level of education and skills necessary to carry out relevant activities;
2) special permit for use of mineral resources (except for subjects of economic activities that provide services related to the technological process of mineral extractions);
3) documents (permits) for performing high-risk;
4) documents that confirm the ownership of the subject business or right to use buildings (facilities) necessary to conduct business activities.
Decision came into force on 10.04.2009 year.
[10.04.2009]
Single individual barter permission
The Supreme Council of Ukraine amends the Law “About the Regulation of barter transactions in the sector of foreign trade activities” by Act of 05.03.2009 №1069-VI, according to which the single individual barter permission is allowed by central executive authority on economic policy of foreign economic actors activities free of charge.
The decision to grant or to refuse the grant of such permission the body takes no later than 15 working days after submission to him all the necessary documents.
Grounds for refusal to issue a single individual permit include:
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Violation of the subject of foreign economic activity of the deadline for submitting documents to obtain a permit;
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Inconsistency of documents filed by certain law requirements;
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Identification of documents filed by inaccurate information;
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Application to an external party to the agreement (contract) specific sanctions.
The Act came into force on 31.03.2009 year.
[10.04.2009]
Licenses to operate Bureau of Credit Histories
The Supreme Council of Ukraine introduced changes to the Law “About the organization of the formation and turnover of credit history” by Act of 04.03.2009 year №1062-VI, respectively with a license to operate the Bureau of credit histories will be issued to a specially authorized executive body in the regulation of financial markets services, which according to the Decree of the President of Ukraine dated 04.04.2003 year №292/2003 is the State Commission on Regulation of Financial Service Markets of Ukraine.
Licenses issued by the Ministry of Justice of Ukraine, are valid for the full term for which they were issued.
The Act came into force on 31.03.2009 year.
[10.04.2009]
Size of preferential amendment in determining the winner of the competition for the lease of state and municipal property
Standarts of clause 73 Law “About State Budget of Ukraine for 2009 year” was recognized as a competitive binding procedure for the transfer of leased state and municipal property. In doing so, the landlord in determining the winner, otherwise equal conditions, preference for the proposal of the tenant, who duly performed his duties, through the application of preferential correction. Such amendments must be approved by the Cabinet of Ministers and shall not be less than 0.8.
To implement this provision, the Cabinet of Ministers of Ukraine fixed size of preferential amendment in determining the winner of the competition for the lease of state and municipal property in 2009 year by order 25.03.2009 year №249:
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To the tenant that has taken over the duration of the lease contract agreement with the landlord to improve the leased property that can not be separated from the property without causing harm and the value of which under the lease the landlord is not subject to compensation, - 0.8;
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To another tenant, - 0.9.
In addition, the Cabinet approved the formula on which the amendment to the preferential bids rental tenant.
In the case of tenant’s winner of the rent in a contract is set at its competitive proposal without taking into account preferential amendment.
Decision came into force on 31.03.2009 year.
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