Legislative Review

June 10 – 14, 2024. Rules for reserving employees have been changed

The Ministry of Economy of Ukraine published on its website the draft of the Order "On Amendments to Order of the Ministry of Economy of Ukraine No. 302 of September 14, 2007".

It proposes to bring the procedure for licensing the import of goods into compliance with the Cabinet of Ministers Resolution No. 1402 of December 27, 2023 "On Approval of Lists of Goods, Export and Omport of which are Subject to Licensing, and Quotas for 2024", the Law of Ukraine "On Regulation of Economic Activities with Ozone Depleting Substances and Fluorinated Greenhouse Gases", other legislative innovations, in particular, in the field of digitalization.

The purpose of adopting the draft order of the Ministry of Economy "On Amendments to Order of the Ministry of Economy of Ukraine No. 302 of September 14, 2007" (hereinafter the draft order) is the liberalization and unification of the procedure for issuing licenses for the import of goods by the Ministry of Economy (hereinafter – the License).

The draft order was developed in connection with the adoption of the Law of Ukraine "On Regulation of Economic Activities with Ozone Depleting Substances and Fluorinated Greenhouse Gases" (hereinafter – the Law), Resolution of the CMU No. 1402 of December 27, 2023 "On Approval of Lists of Goods, Export and Import of which is Subject to Licensing, and Quotas for 2024" (hereinafter – Resolution No. 1402) and other legislative innovations, in particular in the field of digitalization.

The draft order provides for:

  • submission of documents by the applicants and obtaining a License in electronic form through the information system of the Ministry of Economy of Ukraine or through the means of the Unified State Web Portal of Electronic Services;
  • reduction of the list of documents submitted by the applicant to obtain a License, clarification of the procedure for their submission, clarification of the procedure for obtaining a License;
  • determination of the procedure for obtaining approval for the import of goods through the system of electronic interaction of executive power bodies from central executive power bodies in cases determined by the Government of Ukraine;
  • submission by the applicants of a payment order or payment information in electronic form;
  • issuance of a License if there is information about the fact of payment in the relevant software products;
  • bringing the terminology of Order No. 302 into compliance with the current legislation.

The National Securities and Stock Market Commission Ukraine (NSSMC) presented the updated "Contribution" project, which is aimed at supporting the economy, Ukrainian investors and citizens both during the war and during the subsequent recovery of the country.

"Contribution" is a long-term project of the regulator, which will be updated and supplemented with new milestones in view of today's needs. Currently, this is a landing page, where useful and necessary information is collected for the Ukrainian investor, for citizens who are interested in the sphere of investments, as well as for market participants.

The project covers the following areas

"Government bonds" help the state to face all the today’s challenges. An effective tool that every Ukrainian can use.

"Educated" provides an opportunity to learn in simple language about the capital markets, its components and the activities of the participants of this market. We talk about the world of investments in an accessible and simple way.

"Investor Protection" - informs about dubious investment projects, helps protect against fraud and generally understand how to start investing.

Veleten and "Accounting of Company Shares" are new technological products on capital markets developed by the National Depository of Ukraine. They are designed to protect the property rights of Ukrainian entrepreneurs and the rights of minority shareholders.

The Cabinet of Ministers of Ukraine adopted resolution No. 650 of June 5, 2024 "Some Issues of Reservation of Conscripts during Martial Law".

These changes are necessary for the predictable and stable operation of industrial enterprises critical to the economy and to meet the needs of the Armed Forces.

Positive for business:

  • provision of 1 (one) year of deferment (instead of 6 months) to employees of enterprises that are critically important for the functioning of the economy. This is logical given the fact that the status of a critical enterprise is granted for 1 year, and the term of validity of the degree of suitability for military service of a conscript based on the result of the military medical commission is also 1 year. For employees of enterprises that are critically important for meeting the needs of the Armed Forces and other military formations, a postponement is granted for the duration of the contract (agreement) for the supply of goods, the performance of works and the provision of services necessary to meet the needs of the Armed Forces, military unit;
  • conscript working at enterprises that are critically important for meeting the needs of the Armed Forces, other military formations, as well as critically important for the functioning of the economy are subject to reservation regardless of military rank, age, and military specialty;
  • fixing the date for determining the general base of conscripts for the further reservation of key employees as of May 18, 2024, and not on the date of formation of the list, which reduced with each submission the general base for determining the maximum percentage for reservation, and in the case of an increase in the number of conscripts connected at the enterprise - as of the date of submission of the lists;
  • possibility of submitting lists of conscripts through the Unified State Web Portal of Electronic Services (Diya Portal). This is the introduction of E-reservation (digitalization of the reservation mechanism), the purpose of which is to simplify the administration of the reservation procedure, significantly shorten the time frame for consideration of the application, lack of approval by the Ministry of Defense, and elimination of personal contact with officials of competent state authorities.

The introduction of e-reservation is expected in one month from the adoption of the resolution in order to properly regulate the technical capabilities of interaction of state authorities with the aim of synchronizing information from various state registers.

Also, the changes to the resolution provide that, in addition to the Ministry of Strategy and Industry, the Ministry of Defense, central executive bodies that manage other military formations, the Security Servie of Ukraine, which will determine enterprises that are critical for meeting the needs of the Armed Forces, other military formations with the possibility of further booking through these bodies, will be added.

At the level of the resolution, categories of enterprises that can be recognized as critically important for meeting the needs of the Armed Forces and other military formations are defined.

The requirements for the number of criteria have been reduced (to two) for enterprises that carry out international transportation of passengers and/or cargo, enterprises, institutions and organizations that carry out transportation of passengers on public bus routes and/or cargo, carriers of urban electric transport.

The following will also be subject to reservations:

  • ultimate beneficial owners who are not employees;
  • members of supervisory boards of business entities that have strategic importance for the economy and security of the state and the value of whose assets, according to the latest financial statements, or whose annual net income exceeds UAH 200 million, as well as enterprises that are particularly important for the economy, the value of whose assets according to the latest financial statements, it exceeds UAH 2 billion or whose annual net income exceeds UAH 1.5 billion ;
  • those who hold the positions of prosthetists- orthetists , prosthetists-orthestics technicians, engineers-technologists-prosthetists, engineers-prosthetics, mechanics of prosthetic and orthopedic products, provided that they perform at least 50% of the working time norm during the last 3 months preceding the date of submission list, with appropriate justification.

Grounds for cancellation of deferment have been expanded and powers have been added to authorities submitting lists for reservation.

The obligation of the employer to submit relevant information to the Pension Fund no later than the next day after the employee's hiring, transfer, dismissal, reinstatement, suspension/resumption of the employment contract, was added.

Postponements from conscription for military service during mobilization, which were granted to conscripts by the decisions of the Ministry of Economy before the entry into force of this resolution, are valid during the period for which they were granted.

Resolution No. 650 entered into force on June 8.

The Cabinet of Ministers of Ukraine will make changes to the Procedure for issuing a conclusion regarding the extension of the deadline for foreign exchange settlements. On the website of the Ministry of Economy, the draft resolution of the Cabinet of Ministers "On Amendments to the Procedure for Issuing an Opinion on Extending the Deadlines for Settlements for Individual Transactions on the Export and Import of Goods, Established by the National Bank of Ukraine" (hereinafter– the draft resolution) has been published.

It was developed with the aim of improving the legal regulation of relations in the sphere of issuing a conclusion regarding the extension of the settlement deadlines for individual transactions on the export and import of goods, established by the National Bank, and bringing it into line with the legislation on administrative procedure.

The draft resolution:

  • provides for the possibility of submitting documents for obtaining a conclusion by an authorized representative of the resident;
  • clarifies the requirements for the preparation of documents attached to the application for obtaining an opinion;
  • determines cases when the application for obtaining a conclusion is not subject to consideration by the Ministry of Economy with the adoption of a corresponding decision;
  • proposes the possibility of leaving the application for obtaining a conclusion without moving to eliminate the shortcomings identified by the applicant;
  • proposes the procedure for drawing up a conclusion in accordance with the requirements of the legislation on electronic document circulation and electronic trust services;
  • excludes force majeure as a reason for refusing to issue a conclusion;
  • provides such grounds for refusal to issue a conclusion as the application of special economic and other restrictive measures to subjects of foreign economic activity in accordance with the Law of Ukraine "On Sanctions";
  • provides for the possibility of making changes to the conclusion if a technical error is detected in it;
  • and other.
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