Legislative Review

02-06 September 2013. There are approved Licensing Terms of tour operator activities

The Cabinet of Ministers of Ukraine by the resolution № 582 of 14.08.2013 amended the Rules for passage of oversized and heavy transport vehicles through roads, streets and rail crossings, which defined the procedure for permission obtaining to participate in road traffic of vehicles, the weight or dimensions parameters of which exceed normative. Permit is issued by traffic police departments on the basis of agreed upon documents with the owners of street and road network, railway crossings, bridge maintenance, services of city electric transport, power networks, electrification, telecommunication, which define the conditions and mode of passage of mentioned vehicles.

The Cabinet of Ministers of Ukraine by the resolution № 583 of 14.08.2013 prohibited equipment of parking places by economic entities on the sidewalks and the driveway roads. This prohibition, of course, does not apply to operators-business entities engaged in equipment and maintenance of parking facilities.

The Ministry of Revenues and Duties of Ukraine provided the clarification of 27.08.2013 on the land tax payment by individuals.

The Ministry of Finance of Ukraine by the order № 695 of 26.07.2013 approved the Notification Procedure of reporting entities (subjects of primary financial monitoring) about the initiation of the pre-trial investigation (or the fact of the criminal proceedings closing in the pre-trial investigation) and informing the subjects of financial monitoring about decisions taken by the courts.

The Ministry of Economic Development and Trade of Ukraine by the order № 787 of 12.07.2013 approved the Regulations on the implementation of financial monitoring by reporting entities, government regulation and compliance monitoring of which is exercised by the Ministry of Economic Development and Trade of Ukraine.

The Ministry of Infrastructure of Ukraine by the order № 465 of 10.07.2013 approved Licensing Terms of tour operator activities which define an exhaustive list of organizational, qualification and other special requirements, mandatory for entities that conduct tour operator activities.

The Ministry of Infrastructure of Ukraine by the order № 524 of 26.07.2013 approved the Licensing Terms for carrying out of activities on services providing for passengers transportation and dangerous goods, luggage by river and sea transport. Licensing Terms are mandatory for all entities (regardless of their organizational and legal form and ownership form), engaged in provision of services on passenger transportation, dangerous cargoes and luggage by river and sea transport and licensed for this type of business.

The Ministry of Ecology and Natural Resources of Ukraine by the order № 350 of 15.08.2013 approved the Procedure for opening and maintenance of the State Register of business entities, engaged in taking-over and/or disassembly of recyclable vehicles, which establishes a procedure of accumulation, processing, systematization, storage, environmental security and using of information data from the Register and also defines a mechanism for registration (exceptions) of the subjects in (from) the Register.

The Ministry of Health of Ukraine by the order № 694 of 06.08.2013 approved the Hygienic Requirements for poultry meat and some indicators of its quality, which apply to all facilities (entities) which produce poultry in Ukraine and/or carry out its selling in the market of Ukraine. Hygiene requirements do not apply to poultry meat produced for personal consumption and personal peasant farms for sale in the agricultural markets.

The Ministry of Social Policy of Ukraine by the order № 471 of 01.08.2013 approved application form for inclusion into the List of entities which provide mediation services in employment, and business entities engaged in hiring employees for the subsequent performance of work in Ukraine in other employers.

The State Commission on Regulation of Financial Services Markets of Ukraine by the order № 2402 of 23.07.2013 amended the Procedure on Preparation and Delivery of reporting by the credit agencies to the State Commission for Regulation of Financial Services Markets of Ukraine, which obliges the credit institutions to submit irregular reporting data in the event of gross borrowing providing. As the gross borrowing means a loan provided by the credit institution in accordance with one or more loan agreements (including taking into account the additional agreement(s) to this loan agreement(s) to one borrower (one or more borrowers who are related or affiliated persons) within 30 calendar days from the date of the first loan agreement for an amount equal to or greater than one million UAH.

The State Commission on Regulation of Financial Services Markets of Ukraine by the order № 2360 of 18.07.2013 excluded from the List on internal regulations and procedures of the credit union a norm, according to which, in case of changes to the internal regulations of the credit union, was obliged within 15 working days after the occurrence of changes to submit to the State Commission for Regulation of Financial Services Markets of Ukraine corresponding changes together with documents confirming adoption of such changes.

The State Commission on Regulation of Financial Services Markets of Ukraine by the order № 2262 of 11.07.2013 approved new Requirements to ratings of financial reliability (stability) of insurers and reinsurers-non-residents and procedure of their confirmation, which extend to insurers-non-resident, who have the right to carry out insurance business in Ukraine under the legislation of Ukraine (hereinafter – insurers-non-resident); insurers (reinsurers)-non-residents with whom insurers-residents or reinsurance brokers conclude reinsurance contracts (hereinafter –  reinsurers-non-resident); reinsurance brokers, including permanent missions of non-resident brokers (hereinafter – reinsurance brokers), through which or through the mediation of which the insurer-resident conclude reinsurance contracts with reinsurers-non-residents in the view of information submission by reinsurance broker about the reinsurance at reinsurance-non-resident, financial reliability (stability) rating of which meets to the requirements; insurers-residents entering into reinsurance agreements with reinsurers-non-resident.

The State Commission on Regulation of Financial Services Markets of Ukraine by the order № 2359 of 18.07.2013 amended the Regulations on financial criteria and norms of credit institutions activities which:

- added a number of new conceptual terms: fixed capital, subordinated capital, equity capital;

- established that the credit institution is unable to bear the risk against one person in excess of 15% of the equity capital. The credit institution is unable to bear the risk in relation to a group of related persons, more than 20% equity capital;

- determined that the subordinated debt included in equity capital of the credit institution in an amount not exceeding 50 percent of the fixed capital if the subordinated debt meets the following conditions: subordinated debt agreement provides that in the event of bankruptcy or liquidation of the borrower's, repayment of funds of it's loan shall be made only after borrower's obligations over other creditors; the period for which involved subordinated debt must not be less than five years. Loan repayment before the maturity date (full or partial) on subordinated debt is permitted only for the initiative of the credit institution and only if it does not lead to failure by the credit institution of the Regulations requirements.

The National Securities and Stock Market Commission of Ukraine (NSSMC) by the decision № 1104 of 20.06.2013 approved the new Regulations on procedure of offering prospectus registration and the issuance of shares of corporate investment fund. ()

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