Legislative Review

December 16 – 20, 2024. Law on disclosure of banking secrecy has been adopted

The Verkhovna Rada of Ukraine adopted as a basis draft law No. 11469 on ensuring the implementation of the right to acquire and retain citizenship of Ukraine, which was submitted by the President of Ukraine.

The document, in particular:

  • establishes permissible cases of multiple citizenship (nationality) together with Ukrainian;
  • provides for the simplification of the procedure for acquiring citizenship for foreigners and stateless persons, in particular those performing military service in the Armed Forces of Ukraine;
  • provides for the preservation of citizenship for Ukrainians who were forced to leave the country due to the war;
  • approves the grounds for losing Ukrainian citizenship, in particular, due to voluntary acquisition of citizenship of an aggressor state and use of a foreign passport on the territory of Ukraine, which threatens national security;
  • provides for the revocation of citizenship for fraud;
  • provides for the deprivation of citizenship for crimes against Ukraine.
  • clarifies the conditions for acquiring Ukrainian citizenship by birth, by territorial origin, as well as the conditions for accepting Ukrainian citizenship.

The Verkhovna Rada of Ukraine by draft law No. 12066 supported the launch of the Unified State Register of Military Personnel. It will become the foundation for building an ecosystem of fast and convenient electronic services for the military, and will also significantly simplify and improve the military accounting process.

The draft law amends the Law of Ukraine "On Military Duty and Military Service" and provides for:

  • creation of a unified database of military personnel;
  • establishment of the possibility of providing electronic services to military personnel and their families, including social benefits, guarantees, and bonus programs;
  • introduction of a unique electronic identifier – Military ID. It will enable data exchange between registers without using the personal data of military personnel;
  • formation of a legislative framework for the further development of the Army+ application and the information and communication system of the Ministry of Defense of Ukraine.

It is important that the registry will contain a limited set of data that is necessary for the provision of social services. The registry will not collect information about military service, rank or specialty. Service data of military personnel is stored in protected circuits of other existing information systems that do not have the technical ability to exchange data with external systems and registries.

The Verkhovna Rada of Ukraine adopted the Law of Ukraine “On Amendments to Legislative Acts of Ukraine on Certain Issues of Disclosure of Banking Secrecy and Measures to Establish Custody of the Property of an Individual Recognized as Missing or a Person Missing under Special Circumstances” (basic draft law No. 9235 of April 24, 2023).

The law provides for the possibility of disclosing banking secrecy at the request of the Ministry of Justice in the event of consideration of cases related to the protection of the interests of Ukraine as a state.

Such measures are necessary to trace the property of persons to whom sanctions have been applied.

We are talking about the implementation of court decisions banning a political party.

In addition, the document specifies that notaries will have the ability to inventory the property of a person who is recognized as missing or missing under special circumstances, as well as appoint a guardian over such property.

This way, family members of a missing person will be able to legally take care of the person's property until their return.

The Verkhovna Rada as a whole approved draft law No. 10017 on mandatory state social insurance.

The amendments to the legislation provide that:

  • the right to temporary disability and pregnancy benefits is granted not only at the main place of work, but also at a part-time job;
  • the procedure for providing social services is determined in accordance with the assessment of the victim's needs;
  • the possibility of receiving insurance payments in paper or electronic form in force majeure conditions is created;
  • religious organizations are exempt from paying the mandatory state pension insurance fee;
  • personal insurance for officials of the nature reserve fund is being replaced by mandatory social insurance.

The law will enter into force on the day following the day of its official publication.

The Verkhovna Rada of Ukraine adopted draft law No. 11440 in the first reading, which simplifies access to eRecovery for citizens who, for one reason or another, have not entered their damaged or destroyed housing in the State Register of Property Rights (SRPR) due to lack of access to the BTI. Deputies expect that the draft law will be finally adopted in early 2025.

The document provides that registrars and notaries will be able to enter data into the SRPR based on properly executed paper title documents without the need for verification of information from the BTI, if access to the archives is lost or they have been destroyed.

The draft law proposes to create a list of such BTIs so that property owners who once registered their ownership rights with these institutions can contact the state registrar or notary and enter information into the SRPR, having paper title documents in hand.

In addition, after the final adoption of draft law No. 11440, communities that were unable to enter information into the SRPR by contacting the state registrar or notary due to lack of access or physical destruction of the archive of the Bureau of Technical Inventory (BTI) will be able to apply for compensation.

The Cabinet of Ministers of Ukraine has expanded the list of key indicators that are assessed when determining the damage caused to land resources as a result of Russia's armed aggression, and has also made changes to state regulation in the field of protection of geographical indications.

The corresponding resolution "On Amendments to Certain Resolutions of the Cabinet of Ministers of Ukraine on the Protection of Geographical Indications and on Determining the Harm and Losses Caused to Ukraine as a Result of the Armed Aggression of the Russian Federation" was adopted at a regular meeting. The document was prepared by the Ministry of Agrarian Policy.

The resolution will ensure:

  • the optimization of the State Geocadastre's instruments for regulation in the field of protection of geographical indications. In particular, the service "Providing an opinion on the boundaries of a geographical location with which special properties, certain qualities and other characteristics of goods are associated" was excluded from the List of administrative services provided by the State Geocadastre. The authority to determine the boundaries of geographical locations with which special properties, certain qualities and other characteristics of goods are associated was also excluded from the Regulation on the State Geocadastre ;
  • the possibility of receiving compensation for expenses incurred by landowners and land users for the conservation of land plots contaminated with chemicals as a result of emergency situations and/or armed aggression and hostilities during martial law. As well as land plots on which military engineering and technical and/or fortification structures are located.

The Verkhovna Rada of Ukraine adopted draft law No. 9083, which aims to simplify the procedure for trading in used cars.

The adopted law exempts dealers who resell used cars from the obligation to register purchased cars in their own name. Instead, it is proposed to register the car immediately in the name of the end consumer.

The explanatory note to the draft law states that the used car market in Ukraine is much larger than the new car market.

The authors of the draft law indicated that this is due to the fact that since 2010, business entities that sell used cars are required to register purchased cars as their main asset, not as goods. This leads to double re-registration of cars at the Ministry of Internal Affairs service centers - first to the business entity, and then to the end consumer.

The Verkhovna Rada of Ukraine adopted in the first reading as a basis draft Law No. 12094 "On Amendments to Certain Laws of Ukraine on the Regulation of Certain Issues in the Sphere of Electronic Communications."

The draft law proposes to harmonize the legal norms of the Law of Ukraine "On Electronic Communications" with the legislation of the European Union and improve certain provisions regarding access to the physical infrastructure of electronic communications.

It also provides for improving the quality of mobile communications by improving methods of monitoring the fulfillment of license obligations by mobile operators.

Thanks to this bill, consumers will be able to independently check the quality parameters of mobile communications.

This will allow the regulator of electronic communications services to conduct inspections of compliance with minimum communication quality indicators in locations determined directly by consumers.

The draft law also regulates the issue of the functioning of national roaming after the abolition of the legal regime of martial law in Ukraine.

The Verkhovna Rada of Ukraine has generally supported draft Law No. 8340 “On State Regulation of Plant Protection”. The document is aimed at introducing a European model of regulation in the field of plant protection, which includes traceability, control, and digitalization of procedures.

The Law:

  • regulates the circulation of plant protection products (PPPs) and establishes new rules for the import, storage and use of plant products;
  • introduces traceability for plants and plant protection products, mandatory plant passports and registration of all stages of circulation;
  • delegates to private entities the authority to issue passports, label packaging material, train on handling pesticides, and perform technical inspections of equipment;
  • implements 18 acts of EU law, harmonizing Ukrainian legislation with European standards;
  • creates state registers in the field of plant protection for transparent management of the field of plant protection.

The law enters into force three years from the date of its publication, providing for an adaptation period.

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