Legislative Review

09 – 13 August 2021. Adaptive quarantine in Ukraine has been extended until October

The Cabinet of Ministers of Ukraine has decided to extend the adaptive quarantine, as well as emergency mode until October 1, 2021.

According to Prime Minister Denys Shmyhal, the current epidemic situation is completely under control, but experts are beginning to record the first negative trends in the number of hospitalizations and severe coronavirus patients.

“The Ministry of Health is preparing hospitals, and the number of beds with oxygen, according to the Ministry of Health, is almost 100%. In addition, 15,000 oxygen concentrators have been purchased separately, which will allow Ukrainians to be treated on an outpatient basis,” the Prime Minister said.

The President of Ukraine has signed a draft on a “paperless” regime. It will allow Ukrainians to quickly receive public services online, and government agencies will not be able to demand from a person the information that is already entered in the registers. The document enters into force three months after its publication.

To effectively implement this draft, the Ministry of Digital Transformation team is working in 4 main areas.

Digital legislation. To this end, the first necessary drafts have been developed to help transfer any public service to online: on electronic public services, government registries, cloud services in the public sector and a draft to change the place of registration online.

Digital documents. From August 23, the digital passport in Diia will be accepted in all institutions of Ukraine. Nine documents are now available in Diia. The goal of the Ministry of Digital Transformation is to digitize all important documents for Ukrainians, so that they are always at hand in the smartphone at the right time.

Electronic document management. For digital documents to work properly, you need a reliable electronic document management system. It must comply with the EU ASIC and a single standard for business and government. Sign an application for a child’s education at school or on vacation, enter into an agreement between business partners – everything can be done on one portal with the help of Diia.Signature.

E-services for all life situations. Currently, more than 70 online services for Ukrainians have been digitized and are available on the DiIa portal. Among them business registration, registration of unemployment benefits, etc. With the “paperless” regime, the list of public services will increase significantly.

The Ministry of Finance is also working on the automation of services. This will exclude the human factor from the decision-making process. Public services will be transparent and free of corruption. In addition, most services will gradually become comprehensive. Work is currently underway to bring the entire suite of services online, which will also be available in Diia. By 2024, the Ministry of Digital Transformation plans to digitize 100% of services.

The President of Ukraine signed the Law “On Peculiarities of Providing Public (Electronic Public) Services” No. 1689-ІХ, which was adopted by the Parliament on July 15, 2021.

The law introduces new terms, such as ‘electronic public service’, ‘automatic mode of providing electronic public service’, ‘integrated electronic public service’, ‘system of electronic interaction of electronic resources’, as well as other terms related to the provision (receipt) of electronic public services.

The document also defines the features of providing such services, the procedure for obtaining and features of registration of the results of their provision.

The law enters into force three months after its publication. During this time, the Cabinet of Ministers of Ukraine must approve an action plan for the transition of public services to electronic form.

The National Bank of Ukraine expanded the list of operations on current accounts of individuals (residents and non-residents) by Resolution of the NBU Board “On Approval of Amendments to the Regulations on Protection Measures and Determination of the Procedure for Carrying Out Certain Transactions in Foreign Currency” No. 86 of August 12, 2021.

Thus, from September 1, 2021, these individuals will be able to credit funds from current accounts with a special mode of use for one-time (special) voluntary declaration to current accounts in foreign and national currency.

These changes were made in order to bring the regulatory framework of the National Bank in accordance with the Law of Ukraine “On Amendments to the Tax Code of Ukraine to stimulate de-shadowing of incomes and increase tax culture of citizens by introducing voluntary declaration of assets and payment of lump sum to the budget” No. 1539-IX of July 15, 2021.

In addition, given the request of Ukrainian banks, the National Bank has improved a number of other rules regarding certain foreign exchange transactions.

The changes take effect on September 1.

The Cabinet of Ministers of Ukraine is launching an experiment in transferring permitting and licensing procedures to electronic format. The relevant decision was made on August 11 at a regular meeting of the Cabinet of Ministers of Ukraine.

As part of the implementation of the pilot project “E-permit” to obtain one of the 13 most popular business licenses will be enough to apply online through Diia. You can do this without queues and unnecessary documents.

The implementation of the project involves the digitization of the full cycle of procedures in the field of licensing and automatic issuance of licenses where there are no additional checks of documents at the time of application.

Entrepreneurs also retain the right to submit documents in paper form. In this way, businesses will have the right to choose the method of application – in electronic or paper form.

The experiment will run from November 1, 2021 to October 31, 2023. After its completion, it is planned to submit to the Verkhovna Rada of Ukraine a draft Law on simplification of licensing conditions.

The President of Ukraine signed the Law “On Amendments to Art. 21 of the Law of Ukraine “On Medicinal Products” on the prohibition of the sale of medicinal products to people under fourteen years (minors)” No. 1668-IX, which was adopted by the Verkhovna Rada on July 15 this year.

The document aims to restrict children’s free access to medicines sold in pharmacies, and thus prevent possible accidents. After all, drugs that pharmacies have to sell only on prescription, can often be purchased without it.

The law, signed by the President, prohibits the sale of drugs to persons under 14 years of age. This includes, but is not limited to, online sales and drug delivery.

If a person who sells drugs or delivers them has doubts about the age of the buyer, they must require the presentation of a passport of a citizen of Ukraine or other document confirming age. In case of refusal to provide such a document, the release of medicines to this person is prohibited.

The law enters into force on the day following the day of its publication.

The Cabinet of Ministers of Ukraine by Resolution No. 829 of August 11, 2021, set out in a new wording item 12 of the Procedure for confirmation of existing work experience for assignment of pensions in the absence of an employment record book or relevant entries in it.

This norm stipulates that for citizens who have been unjustifiably prosecuted, repressed persons who have been subsequently rehabilitated, time of detention, time of serving a sentence in places of imprisonment and exile, as well as stay in compulsory treatment are included in the insurance record. Inclusion such a period is carried out on the basis of certificates (documents) issued by the authorized bodies on rehabilitation (certificate of the court, prosecutor’s office or pre-trial investigation on the closure of criminal proceedings or a court certificate on acquittal).

Previously, the regulations did not regulate the cases of inclusion in the insurance period of such periods, if such certificates (documents) on rehabilitation are missing. Due to Resolution No. 829, if a person does not have the necessary certificates of rehabilitation, time of detention, rehabilitated people will have the time of serving a sentence in places of imprisonment and time of involuntary treatment included in the insurance record on the basis of a relevant court decision.

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