The Regulation on the State Financial Inspection of Ukraine is approved by the Resolution of the Cabinet of Ministers of Ukraine of 06.08.2014, № 310.
The document determined that the State Financial Inspection of Ukraine is the central executive authority, whose activities are directed and coordinated by the Cabinet of Ministers of Ukraine through the Minister of Finance, and which implements the public policy of state financial control.
The primary objectives of the State Financial Inspection of Ukraine are:
1) implementation of the public policy of state financial control;
2) introduction of proposals on providing of public policy development in mentioned field for the Minister of Finance consideration.
The primary function of the State Financial Inspection is financial control of:
- the use and preservation of state financial resources;
- compliance with public procurement legislation;
- activities of business entities irrespective of their form of ownership that don’t belong to controlled agencies by a court decision;
- performing of functions on state property management and others.
The State Fiscal Service of Ukraine explained the issues on the responsibility of the tax agents if they haven’t charged, haven’t withheld and/or haven’t paid (failure to transfer) the war tax.
The financial liability to a fine of 25% of tax amount to be charged and/or paid to the budget is provided for the mentioned violation, according to p.127.1 of the Tax Code of Ukraine. When further violation during 1095 days the fine will be 50%, for the third time -75% of tax amount to be charged and/or paid to the budget.
The penalty tax is charged to the mentioned amount on the basis of 120% per annum of the NBU discount rate that is current at the day of incomes payment (charging) in favor of the taxpayers-individuals.
In addition, the administrative fine in the amount of 34 to 51 UAH is imposed on officials of the companies, institutions and organizations as well as on the entrepreneurs.
The State Fiscal Service of Ukraine in its letter of 21.07.14 . № 25/6/99-99-22-06-03-15/415 reported that cash restriction of 150 thousand is applied to the reimbursable financial assistance.
As it is known, the enterprises (entrepreneurs) are entitled to settle in cash with the individual within 150 thousand UAH for one day by one or several payment documents.
According to the financials, the restrictions are applied not only to payments for goods, works and services. They noted that the subjects to be restricted are:
- transaction settlement, which subjects are any tangible and intangible benefits that could be valued in monetary terms;
- settlements under the contracts;
- granting of loan or loan repayment, including payments and reimbursable financial assistance.
The Ministry of Finance of Ukraine made amendments to Ukrainian Accounting Standards (UAS) 21 “Effects of Changing in Foreign Exchange Rates” by the Order “On Amendments to certain regulatory legal acts of the Ministry of Finance of Ukraine on the Accounting” of 14.07.14, № 754.
Let us recall, the National Bank sets a new exchange rate in the current working day since 04.04.14.
Consequently:
Unveiling of exchange rate by the National Bank is brought into line with the current realities by UAS 21 “Effects of Changing in Foreign Exchange Rates”. Thus, foreign-exchange transactions should be reflected in national currency at the rate of the day beginning of the transaction date (date of asset initial recognition, liabilities, shareholders' equity, incomes and expenses).
The transactions on cashless payments in foreign currency can be reflected in reporting currency by the company. It is reflected in the amount specified in the bank’s documents, by reference to specific features its exchange rate use as on transaction date.
At the same time, the balance, on monetary items in foreign currency at the balance sheet date for currency differences determination, should be recalculated at the rate established at the end of this date.
Also, by the changes to the specified standard, the Ministry of Finance of Ukraine allows the recalculating of the currency differences at the date of business transactions not only within it, but also on the entire monetary item (depending on the chosen accounting policies).
Recall, that as consistent with Art. 153.1.1 of the TCU, the currency differences determination of the transaction recalculation in the tax accounting, which denominated in foreign exchange and in the debts, is executed in accordance with the specified standard.
In addition, the Ministry of Finance of Ukraine makes a number of amendments to the Annexes 1, 2 of UAS 25 “Financial Report of the small enterprise entity” and to the Ex.5 Annex 2 of UAS 31 “Financial expenses”.
The Ministry of Economic Development and Trade of Ukraine in its letter of 04.08.2014, № 3302-05/26720-03 explained how the tenderer should confirm that it is not a bankrupt.
The customer has a right to establish in the competitive tendering documents the claim to provide for the participants of the procurement procedure in sentences of competitive tendering the certificate that the legal entity is not in the process of bankruptcy case as well as the extract from the Unified State Register of legal entities and individuals –entrepreneurs (hereinafter – extract). The extract may include data that the legal entity is in the process of bankruptcy case.
Besides, the Ministry of Justice set out its opinion in the letter of 21.07.2014, № 13.2-26/579, both the certificate and the extract (in case of affixing of appropriate mark) include identical information about the existence/nonexistence of initiated bankruptcy proceedings concerning the business entity.
If the claim to provide the certificate and the extract is imposed by customer in the competitive tendering documents and the sentence of competitive tendering includes only the extract nonexistence of bankruptcy proceedings, the sentence of such participant is eligible to the consideration and evaluation, but only if there are no other basis for the rejection provided for by Art.29 of the Procurement Law.
Thus, the customer reaches the decision on the rejection to the participant and is obliged to reject the competitive tendering proposals of such participant in case of fact-finding that the participant or the preliminary qualification participant is recognized as a bankrupt in accordance with the Law and the liquidation procedure is opened regarding him.
The National Bank of Ukraine by its Order of 06.08.2014, № 466 suspended the transactions in populated areas, which were not controlled by Ukrainian authority.
The non-bank institutions and Ukrposhta must suspend the transactions for receiving/payment of transfers from/to uncontrolled areas.
The mentioned above institutions, after the transition of the populated area under the Ukrainian authority control, should assume the emergency measures for renewal of suspended financial transactions.
The banks are entitled to provide services to the customers through the mobile service means till the complete renewal of activities.
State Service of Mining Supervision and Industrial Safety of Ukraine in its letter of 21.07.2014, № 5640/0/5.2-09/6/14 explained how to investigate an accident, if the employee is injured while working in the ATO area.
The State Service of Mining Supervision and Industrial Safety considers that accident inquiry committee should take formal notes in due form H-5 and H-1 at the employees injured in ATO area, in case of confirmation of performance their labor (official) duties in the interests of the companies and the failure to military work without competent authorities conclusions.
During the taking this formal notes the commissions are requested to specify the type of the accident – the code “23”, and the accident causes – the code “33”.
The type of the accident is classified either as “Traumatizing (murder) due to warfighting of the opposite sides” or “Traumatizing (murder) due to temporary stay in the combat zone not providing military works”.
The accident causes should be specified with the following formulation: “Warfighting” or “Temporary stay in the combat zone not providing military works”.
