Legislative Review

February 12 – 16, 2024. New application forms in bankruptcy cases have been approved

The President of Ukraine signed Law on the legalization of medical cannabis in Ukraine No. 3528-IX of December 21, 2023. It will enter into force six months after its publication.

This law will help to regulate the circulation of cannabis only in medical, industrial and scientific activities in Ukraine. It will help simplify the medical use of drugs that contain cannabis .

The law provides the following:

  • distribution of marijuana for recreational consumption will continue to be a crime and will be investigated by the police in accordance with the law;
  • drug production will be controlled at all stages;
  • only legal entities will be able to grow cannabis, which will receive an appropriate license and GMP certificate, under 24-hour video surveillance with access for the National Police ;
  • each bush will have an individual coding in order to track the movement of the plants to the patient;
  • drugs based on medical cannabis will be available only with an electronic prescription, which the doctor will prescribe to the patient according to the latter’s condition, as is currently the case with morphine.

Now, after the adoption, half a year is needed for the law to work. Thus, the government is given a period of six months, during which it has to develop all by-laws, orders, so that this law comes into force.

The Ministry of Justice of Ukraine has approved application forms for bankruptcy (insolvency) cases regarding:

  • participation in a bankruptcy case (insolvency);
  • early termination of the powers of the arbitration administrator in the case of bankruptcy (insolvency).

The specified order was registered in the Ministry of Justice on February 8, 2024 under No. 195/41540 .

This order does not apply to applications filed in bankruptcy (insolvency) cases before it enters into force.

If the debtor – a legal entity in the bankruptcy case belongs to one of the following categories, the arbitration manager must add to the application for participation in the bankruptcy (insolvency) case the following:

  • a copy of the certificate of completion of training in cases of bankruptcy of insurance organizations;
  • a copy of the certificate of completion of training in cases of bankruptcy of state-owned enterprises and economic companies, the authorized capital of which for more than 50 percent of the shares (shares) belong to the state;
  • a copy of the certificate for the right to perform actions related to the direct implementation of professional activity on the capital markets and organized commodity markets.

The President of Ukraine has signed the laws adopted by the Verkhovna Rada of Ukraine regarding the continuation of martial law and general mobilization in Ukraine, namely:

  • Law on approval of the decree of the President of Ukraine "On Extending the Period of Martial Law in Ukraine" No. 3564-IX of February 6, 2024;
  • Law on approval of the decree of the President of Ukraine "On Extending the Period of General Mobilization" No. 3565-IX of February 6, 2024.

The terms of martial law and general mobilization are extended from February 14, 2023 for 90 days till May 13, 2024.

This is already the tenth extension of martial law and general mobilization since the beginning of the war.

Ministry of Health of Ukraine by Order No. 78 of January 15, 2024 made changes to the Procedure for Issuing (Formation) of Medical Certificates of Unfitness for Work in the Electronic Register. Subsequently, it was corrected by Order of the Ministry of Health No. 173 February 2, 2024.

In particular, the Procedure states that in the presence in any of the medical reports, on the basis of which sick-lists were formed, which constitute one insurance case, notes about the presence of alcohol and/or drug intoxication as the cause of temporary disability, information about it are displayed in all sick-lists that constitute one insurance case.

It is also clarified that on the basis of these medical reports, which constitute one case of temporary unfitness for work and which contain a link to an entry in the Register of Medical Opinions in the electronic health care system about a previous medical opinion, unfitness for work lists are formed as a continuation of the case of unfitness for work in the order of priority, regardless from the status of previously generated sick-lists (except for the status of "erroneously generated") (that is, removed "in the period until May 1, 2022").

Ministry of Internal Affairs of Ukraine by Order No. 1054 of December 19, 2023 made changes to the Instruction on the registration by officials of the State Emergency Service of materials on administrative offenses, which was approved by Order of the Ministry of Internal Affairs of Ukraine No. 725 of July 27, 2016.

In particular, the new version of the following forms has been presented:

  • protocol on an administrative offense;
  • resolutions on the imposition of an administrative penalty;
  • resolutions on the closure of the administrative offense case.

In addition, the new version sets out Chapter VII of the Instruction "Control of the state of compliance with the requirements of the Code of Administrative Offenses when applying measures of influence for administrative offenses."

It is specified that the information from the administrative offense record card is entered within five working days by an official who, according to functional duties, provides record keeping in administrative offense cases, to the information system for accounting of administrative offenses in the field of fire and man-made safety.

Order No. 1054 entered into force on February 9, 2024.

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