The President of Ukraine signed Law of Ukraine No. 3977-IX of September 17, 2024 (basic draft law No. 6490- д) on the reset of customs, which, in particular, provides for the reassignment of the head of customs and heads and deputies of regional offices.
The law proposes to implement into the customs legislation of Ukraine:
- the concept of customs representation, similar to the one that exists in the EU countries. For this purpose, it is proposed to determine the general principles of representation, to divide the types of representation into direct and indirect, to delimit the responsibility of the subject of foreign trade and the customs representative;
- the European approach to the generalization of provisions regarding customs regimes, in particular:
1) authorizations for placing goods in the customs regimes of import (as part of the end-use procedure), temporary importation, processing in the customs territory, processing outside the customs territory are introduced, the conditions for their receipt and the specifics of compliance monitoring are defined;
2) it is possible to move goods that are under customs control within the framework of the relevant customs regime, without placing the goods in the customs transit regime;
3) list of ordinary transactions with goods is expanded and requirements for their implementation are established;
4) specifics of completion and termination of customs regimes, reporting on the completion of customs regimes are defined.
The adoption of this law was a significant step forward in the direction of approximation of national legislation to the customs legislation of the European Union.
The law enters into force on November 1, 2024.
The Ministry of Finance of Ukraine prepared amendments to the Procedure for Keeping the Unified Register of Storage Locations. On the website of the Ministry of Finance, the draft resolution of the CMU "On Approval of the Procedure for Maintaining the Unified Register of Storage Locations" was published.
The main purpose of the document is to implement the provisions of Law of Ukraine No. 3817-IX of June 18, 2024 "On State Regulation of the Production and Circulation of Ethyl Alcohol, Alcohol Distillates, Bioethanol, Alcoholic Beverages, Tobacco Products, Tobacco Raw Materials, Liquids Used in Electronic Cigarettes and Fuel" (hereinafter – Law No. 3817).
In accordance with Part 1 of Art. 39 of Law No. 3817, the storage of ethyl alcohol, alcohol distillates, bioethanol, alcoholic beverages, tobacco raw materials, tobacco products and liquids used in electronic cigarettes is carried out by the business entity in the places of storage of the specified goods (products) entered in the Unified Register of Storage Locations (hereinafter – the Register), except for the cases specified directly by this Law.
Item 26, Part 1, Art. 1 of Law No. 3817 determines that the Register is a component of the information and communication system of the State Tax Service of Ukraine, which contains a list of places of storage with information specified by Law No. 3817 about the location of places of storage and about applicants.
Part 3 of Art. 39 of Law No. 3817, which enters into force on January 1, 2025, establishes that the procedure for maintaining the Register is approved by the Cabinet of Ministers of Ukraine.
The goals of adopting the specified draft resolution are:
- fulfillment of the requirements of Laws No. 3817 and No. 1907 regarding the approval of the Procedure for Keeping the Unified Register of Storage Locations;
- creation of appropriate conditions to ensure the ability of economic entities to carry out activities in the field of production and circulation of ethyl alcohol, alcohol distillates, bioethanol, alcoholic beverages, tobacco products, tobacco raw materials, liquids used in electronic cigarettes, deregulation of the activities of economic entities in part of the unification and simplification of the procedures for entering storage places into the Unified Register of Storage Locations, making changes to the information contained in the Unified Register of Storage Locations, reducing the financial and time costs of performing such procedures, as well as ensuring the transparency and control of the markets for the production and circulation of ethyl alcohol, alcohol distillates, bioethanol, alcoholic beverages, tobacco products, tobacco raw materials, liquids used in electronic cigarettes;
- ensuring proper control over the production and circulation of ethyl alcohol, alcohol distillates, bioethanol, alcoholic beverages, tobacco products, tobacco raw materials, liquids used in electronic cigarettes, as well as control over the complete payment of excise tax.
Adoption of the regulatory act will enable business entities to properly obtain licenses and conduct activities in the field of production and circulation of ethyl alcohol, alcohol distillates, bioethanol, alcoholic beverages, tobacco products, tobacco raw materials, liquids used in electronic cigarettes.
The Cabinet of Ministers of Ukraine approved the Procedure for Fixing Measures of State Supervision (Control) in the Field of Ensuring Chemical Safety and Management of Chemical Products.
The document was developed to implement the provisions of the European integration framework law "On Ensuring Chemical Safety and Management of Chemical Products", which was adopted in December 2022.
Such a Procedure will enable inspectors of the State Inspectorate to effectively and fully implement their powers regarding the recording of supervision (control) measures.
The According to the approved Procedure, inspectors will be able to use portable video recorders, photo and video cameras, drones, and other devices during state supervision (control) measures at chemical industry enterprises. In particular, they will record the verification process, detected offenses and their consequences.
The recorded material will be stored for 120 days. In the case of its use in the framework of administrative, criminal or disciplinary proceedings – until the completion of such cases. The storage period can also be extended, taking into account the terms of the enterprise's appeal against the decision of state supervision (control) bodies.
The Cabinet of Ministers of Ukraine supported the draft law of the Ministry of Agrarian Policy, which introduces an electronic system of interaction between subjects of land management and subjects of assessment activities.
We are talking about customers and developers of land management documentation, subjects of assessment activities, landowners, land users, state cadastral registrars, executive authorities and local governments. The electronic system will work on the basis of the State Land Cadastre and will greatly simplify procedures in the field of land relations.
The electronic system in the field of land relations will help:
- to obtain permits for the development of documentation on land management and land valuation. Conclude relevant contracts and approve documentation;
- to enter information (changes) about objects of the State Land Cadastre;
- to conclude lease agreements for land, easement, superficies, emphyteusus; state registration of land plots;
- to get consulting services on land management issues or consent to division and consolidation of land plots, etc.
The user will also be able to view the status of consideration of submitted documents in real time.
The Verkhovna Rada of Ukraine adopted the Law on Amendments to Certain Legislative Acts in Connection with the Adoption of the Law of Ukraine "On Administrative Procedure" (reg. No. 10161). The purpose of this law is to bring legislative acts of Ukraine into compliance with the Law of Ukraine "On Administrative Procedure".
This will make it possible to harmonize the legislative acts regulating administrative legal relations with the requirements of this Law, to eliminate contradictions between it and special laws, as well as to bring Ukrainian legislation closer to EU standards, where unified rules of administrative procedures apply.
A requirement of Ukraine's integration aspirations is the fundamental reform of the legal system and its approximation to European standards. It is due to the implementation of these standards that the possibility of approximation of legal systems is ensured, which is a key factor in the harmonization of national legislation and legislation of the European Union.
In addition, the implementation of the Law will significantly simplify the conduct of economic activity, make the rules for its implementation more clear and transparent, and will allow to eliminate conflicts, imperfections of norms and administrative procedures in general.
The Cabinet of Ministers of Ukraine by Resolution No. 112 8 approved the Rules of Ethical Behavior of Lobbying Subjects. These Rules will enter into force simultaneously with new Law of Ukraine No. 3606-IX "On Lobbying", the adoption of which was an important step in the direction of regulating lobbying activities and ensuring ethical interaction between business and state bodies.
The specified Rules establish the framework of ethical behavior of lobbying subjects, features of interaction of lobbying subjects with lobbying objects, clients, beneficiaries and other lobbying subjects.
