The Cabinet of Ministers of Ukraine has approved the draft State Budget for 2021. The main indicators of the draft:
- GDP – UAH 4.5 trillion;
- GDP growth is expected at 4.6%;
- revenues are planned at the level of UAH 1,071 billion (+ UAH 92.3 billion to the 2020 plan);
- expenditures are planned at the level of UAH 1,350 billion;
- average monthly salary – 13.6 thousand UAH;
- consumer inflation – 7.3%;
- public debt to GDP – 64.6%.
Main figures of the draft State Budget for 2021:
- security and defense expenditures – UAH 267 billion (+21 billion to the plan with changes for 2020):
- salaries for military and law enforcement officers – 131 billion (+ UAH 8.3 billion);
- expenditures on education – UAH 174 billion (+34 billion to the 2020 plan):
- UAH + 21.2 billion for additional salaries to teachers (this is a 30% increase in salaries);
- medical expenses – UAH 156 billion (+ UAH 27.5 billion):
- salaries of medical staff are expected to increase by 30%;
- 123.4 billion is planned for the program of medical guarantees;
- to fight coronavirus – 19.4 billion (of which 2.6 billion UAH - for vaccination);
- expenditures on social protection of the population – UAH 324 billion (+7.5 billion to the 2020 plan):
- expenditures for the pension fund UAH 204 billion;
- Large Construction Program (road infrastructure development) – UAH 150 billion (+ UAH 20.7 billion);
- increase in the minimum wage to UAH 6,000 from January 1, 2021 and from July 1 to UAH 6,500 (+ UAH 41.4 billion);
- small and medium business support programs – UAH 12 billion:
- UAH 10 billion is planned to be allocated for the implementation of the portfolio guarantee program;
- to compensate interest on loans for micro and small businesses – UAH 2 billion;
- financial support of the regions (SFRD) – UAH 9.4 billion (+4.5 billion to the 2020 plan);
- expenditures on culture – 7.5 billion UAH (+ 2.8 billion to the 2020 plan);
- expenditures on sports – UAH 7.4 billion (increased 2.7 times compared to the 2020 plan);
- to support the coal industry – UAH 4.5 billion;
- to support farmers – UAH 4.2 billion;
- digitalization of economic sectors – UAH 2.9 billion;
- purchase of 100 passenger cars for the railway – UAH 3.3 billion.
The Ministry of Finance of Ukraine has amended the Instruction on the Procedure for Accrual and Payment of UST (hereinafter – the Instruction).
From now on the Instruction provides:
- the right to be payers of the unified social tax (hereinafter – UST) to enterprises, institutions, organizations, individuals who use hired labor, military units and bodies that pay cash benefits, temporary disability benefits, assistance in connection with pregnancy and childbirth, assistance, allowance or compensation in accordance with the law for persons caring for children with severe perinatal nervous system disorders, severe congenital malformations, rare orphan diseases, oncological, oncohematological diseases, cerebral palsy, severe mental disorders, diabetes mellitus type I (insulin-dependent), acute or chronic kidney disease of IV degree, or a child has a serious injury, needs an organ transplant, needs palliative care for adequate pensions, state assistance if such children are not duly recognized as children with disabilities;
- application by sole proprietors, including those who have chosen the simplified taxation system, in which persons with disabilities work, of the rate of 8.41% for working persons with disabilities;
- payment of UST for the other spouse who did not work during the stay abroad at the place of long-term business trip of a diplomatic service employee, in order to enroll the specified period in the insurance record of the other spouse;
- for payers specified in paragraph 7 of item 1 of chapter II of this Instruction, the single contribution for the unemployed other spouse of the employee of diplomatic service who is abroad on a place of long-term business trip of such employee, is established at the rate of 22% on the sums of the minimum wage. The amount of the single contribution may not be less than the amount of the minimum insurance contribution. If the period for which the single contribution is accrued is less than one calendar month, the single contribution must be calculated in the amount proportional to the number of calendar days of the month for which such contribution is paid;
- preferential procedure for payment of a single contribution for members of farms has been established. The Instruction stipulates that for the payers specified in paragraph 6 of item 1 of chapter II of the Instruction, the last period for which it is necessary to calculate and pay a single contribution will be the period from the day following the end of the previous reporting period to the month in which the payer lost the status of a member of the farm and aquires the status of the person insured on other grounds, exempt from paying a single contribution;
- UST is paid within 10 calendar days after the deadline for submission of the report indicating the type of form ‘liquidation’;
- the procedure for debt collection from payers has been clarified. Thus, in the case provided for in the second paragraph of item 3 of Chapter VI (data of documentary inspection indicate the addition of a single contribution by the bodies of revenues and fees), the requirement to pay the debt (arrears) is accepted by the relevant body of revenues and fees within 15 (previously 10) working days from the day following the day of delivery to the payer of the inspection report, and in the presence of objections of the payer of the single contribution to the inspection report is accepted taking into account the conclusion on the results of consideration of objections to the inspection report. And in the cases provided for in the third and/or fourth paragraphs of item 3, the request for payment of debt (arrears) is sent (handed) to the payers specified in paragraphs 1–7 of item 1 of chapter II of the Instruction, within 20 (earlier 10) working days following the calendar month in which the amount of arrears on payment of the single contribution (arrears on payment of financial sanctions) arose, increased or partially decreased;
- Annex 2 to the Instruction ‘Notification-calculation’ is set out in the new wording, as well as several other annexes, namely:
- in Annexes 4–7 the word ‘MFO’ is excluded;
- in Annexes 6 and 7 the words ‘to the relevant body of the Treasury’ are replaced by the word ‘Treasury’;
The Ministry of Justice of Ukraine has approved a new Procedure for analyzing the financial and economic condition of business entities for signs of fictitious bankruptcy, pushing to bankruptcy, concealment of persistent financial insolvency, illegal actions in case of bankruptcy. The document enters into force on the day of its official publication.
The analysis of the financial and economic condition of business entities is carried out in accordance with the Methodological Recommendations approved by order of the Ministry of Economy No. 14 of January 19, 2006.
The arbitral trustee, appointed by the court as the administrator of the property, conducts the analysis before the first meeting of creditors and submits its results to the commercial court together with supporting documents.
The Ministry of Justice organizes the analysis of state-owned enterprises and enterprises in the authorized capital of which the share of state ownership exceeds 50%, by its implementation by the structural unit of the Ministry of Justice, which ensures the implementation of the powers of the state body on bankruptcy (hereinafter – the structural unit) or interregional departments. on behalf of the Ministry of Justice.
In this case, the analysis by the state body on bankruptcy does not release the arbitral trustee from the obligation to conduct an analysis of the same entity.
The commercial court in which the bankruptcy case is pending may, by its decision, oblige the state bankruptcy body to conduct an analysis or draw conclusions.
A request (decision) to conduct the analysis or draw conclusions is sent to the Ministry of Justice with copies of the documents required for its implementation in accordance with the Methodological Recommendations.
Copies of the analysis and documents on the basis of which the analysis was conducted must be attached to the request for drawing conclusions.
The subject of the request may also provide additional explanations and information, as well as copies of other documents.
In the absence of copies of documents, as well as in the case of a decision of the commercial court, the structural unit or territorial body applies to the arbitral trustee and/or the debtor to provide copies of documents. The request shall be served on the arbitral trustee personally or on their representative by power of attorney or sent to the arbitral trustee by e-mail and post office to the location of the office submitted by the arbitral trustee in the form of mandatory information.
The arbitration trustee must provide copies of the documents within 10 working days of receiving the request.
The request of the structural unit or territorial body is considered received from the moment of its delivery to the arbitral trustee personally or their representative by power of attorney or after four working days from the date of sending such a request to the e-mail address.
The structural unit or territorial body analyze or draw conclusions within 30 calendar days from the date of receipt of the request with copies of all necessary documents or from the date of receipt of copies of such documents from the arbitral trustee and/or debtor.
The subject of the analysis is informed about the results of the analysis or the conclusions drawn up by a letter signed by the head of the structural unit or territorial body.
The State Labor Service of Ukraine has reminded that the transfer of an employee to work on a part-time working day (week) is carried out with the consent of the employee and is executed by order of the enterprise. In case of disagreement of the employee, such transfer must be carried out in compliance with the requirements of Part 3 of Art. 32 of the Labor Code of Ukraine (hereinafter – the Labor Code), namely: on the change of significant working conditions – systems and amounts of wages, benefits, working hours, the establishment or abolition of part-time work, combining professions, changing ranks and names of positions and others – the employee must be notified no later than two months prior.
How to pay in case of transfer of employees to part-time working day (week)? Under the hourly wage system (hourly rate/monthly salary), wages are paid for the time actually worked.
Actually worked time is reflected in the timesheets, which is regulated by order of the State Statistics Service of Ukraine No. 489.
With a piece-rate system of remuneration – for the work actually performed at piece rates set at the enterprise. The amount (volume) of work performed by the employee is reflected in the work orders.
In all cases, payment is made with mandatory compliance with the minimum state guarantees in remuneration, established by the Labor Code and the Law of Ukraine ‘On Remuneration of Labor’.
Also in accordance with Part 2 of Art. 30 of the Law of Ukraine ‘On Remuneration of Labor’, the employer is obliged to ensure reliable accounting of the work performed by the employee and accounting of labor costs in the prescribed manner.
