The Cabinet of Ministers of Ukraine by Resolution “On Amendments to the Resolution of the Cabinet of Ministers of Ukraine No, 1306 of October 10, 2001” No. 1105 of November 11, 2020 has approved amendments to the Traffic Rules. The Resolution will come into force from the date of its official publication.
What has changed?
1. Driving instructors are now required to wear seat belts, if the student is driving. Students will be able to practice on the road only if they do not have contraindications to learning, confirmed by a medical certificate.
2. Motorcycles with a sidecar belong to category A, not B1.
3. In the dark and in conditions of insufficient visibility, pedestrians moving on the carriageway or roadside must use reflective elements (tape, sticker, vest, etc.) or be in clothing that has reflective elements, for their timely detection by other road users.
4. Passengers, using a vehicle, must use passive safety devices (head restraints, seat belts, where their installation is provided by design), and passengers with disabilities may not use them only if their physiological characteristics make it impossible to use (it was “interfere with use”).
5. Cyclists are allowed to travel on the road with a lane for route vehicles.
6. Now all vehicles (except buses) used for training (not only cars) must be equipped with additional clutch pedals (if the design of the vehicle provides a clutch pedal), accelerator (if the design of the vehicle allows the possibility of equipping such a pedal) and braking, mirror or rear-view mirrors for a driver training specialist.
7. It is prohibited to change the size, shape, markings, color and placement of license plates, except in the case of fixing the rear license plate on additional equipment intended for temporary transportation of luggage or cargo, apply additional markings or close them. They must be clean and well lit.
8. Dangerous goods are now marked with the sign “Orange plate” instead of “Information table of dangerous goods”. The sign to the road sign with dangerous goods has also been updated.
9. The lane for the movement of route vehicles is now also intended for the movement of cyclists, if the movement of such a lane is carried out along the general flow of vehicles. A driver who turns right on a road with a lane for route vehicles, separated by a dashed road marking line, is allowed to make a turn from this lane. In such places it is also allowed to drive on it when leaving the road and for boarding or disembarking passengers near the right edge of the carriageway.
10. Road sign 1.40 “End of the road with improved pavement” will be different.
The State Regulatory Service of Ukraine has approved the Plan for the implementation of comprehensive measures of state supervision (control) for 2021.
The basis for conducting comprehensive inspections is the inclusion of the same business entity in the plans for the implementation of measures of state supervision (control) of various bodies of state supervision (control).
Such comprehensive scheduled event is held once a year, and all regulatory authorities that have planned to inspect such entity may inspect it only within the timeframe set by the Plan.
According to the approved plan, 43,457 inspections of enterprises and entrepreneurs will be conducted next year.
The Ministry of Justice of Ukraine has explained how to terminate a legal entity by liquidating it.
Norms of Art. 104 of the Civil Code of Ukraine (hereinafter – the Civil Code) establish that a legal entity is terminated as a result of reorganization (merger, accession, division, transformation) or liquidation.
The procedure for termination of a legal entity in the process of restoring its solvency or bankruptcy is established by the Bankruptcy Procedure Code.
Peculiarities of termination of a bank as a legal entity are established by the laws “On Banks and Banking Activity” and “On the Deposit Guarantee System for Individuals”.
According to Art. 105 of the Civil Code, the participants of a legal entity, court or body that has made a decision on liquidation of a legal entity are obliged to:
- within three working days from the date of the decision to notify in writing the body carrying out state registration;
- appoint a liquidation commission (the function of which may be entrusted to the governing body of the legal entity), its chairman or liquidator and establish the procedure and deadline for creditors to file their claims (may not be less than two or more than six months).
The powers to manage the affairs of a legal entity must be transferred to the liquidation commission or liquidator from the moment of appointment.
The grounds and procedure for liquidation of a legal entity are established by Articles 110–111 of the Civil Code.
The Law of Ukraine “On State Registration of Legal Entities, Individual Entrepreneurs and Public Associations” (hereinafter – the Law) provides for the procedure of state registration of termination of a legal entity through its liquidation.
Stage 1: State registration of the decision on termination of the legal entity by liquidation, for which the following are submitted:
1) a copy of the original (notarized copy) of the relevant decision (must meet the requirements of special legislation and constituent documents of the legal entity);
2) a copy of the original (notarized copy) of the document approving the personal composition of the liquidation commission or liquidator, registration numbers of taxpayers' registration cards (or information on the series and number of the passport – for persons with a mark in the passport), procedure and deadline for creditors to present their claims - in the absence of such information in the decision to terminate by liquidation.
The specified information must be entered into the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Associations (paragraph 26, part 2, Article 9 of the Law).
The specified information must be entered into the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Associations (paragraph 26, part 2, Article 9 of the Law).
For state registration of the decision on cancellation of the decision on termination of the legal entity by liquidation the copy of the original (the notarized copy) of the corresponding decision is submitted.
For state registration of a change in the composition of the liquidation commission, the chairman of the commission or the liquidator, a copy of the original (notarized copy) of the relevant decision shall be submitted.
Stage 2: State registration of termination of a legal entity as a result of its liquidation. After the termination procedure, but not earlier than the expiration of the application period, the creditors submit:
1) application for state registration of termination of a legal entity as a result of its liquidation;
2) a certificate from the archival institution on the acceptance of documents that are subject to long-term storage in accordance with the law.
In addition, certain requirements for the execution of documents submitted for state registration are also provided by Art. 15 of the Law (items 1–7, 13–14, 16 part 1) and part 3 of Art. 34 of the Law of Ukraine “On Notaries”.
The specified registration actions are carried out without collecting administrative fee.
The Law in chapters 6, 7, Art. 25 determines the grounds and procedure for conducting a simplified procedure for state registration of termination of a legal entity as a result of its liquidation.
Exceptional grounds for suspension of consideration of documents and refusal of state registration are determined by Art. 27 and 28 of the Law, respectively.
For example, with regard to refusal, the reason may be that the documents for state registration of the termination of a legal entity are submitted:
- in respect of a legal entity that is terminated as a result of its liquidation and is the founder (participant) of other legal entities and/or has not closed separate divisions, and/or is the founder of an arbitration court;
- in respect of a liquidated legal entity in respect of which information has been received on the existence of arrears of taxes and fees and/or the existence of arrears on the payment of a single contribution to the obligatory state social insurance;
- in respect of a legal entity in respect of which information was received on the existence of arrears of insurance funds to the Pension Fund and social insurance funds, etc.
The Ministry of Justice of Ukraine has explained whether it is possible to declare the heir unworthy and remove from the inheritance.
Heirs by will and by law may be natural persons who are alive at the time of the opening of the inheritance, as well as persons who were conceived during the life of the testator and born alive after the opening of the inheritance. Heirs by will may be legal entities and other participants in civil relations.
However, in order to acquire the status of an heir, it is not enough to enroll a person in the heirs of a certain turn or to have a will in someone’s favor.
The legislation of Ukraine provides for the possibility of declaring potential heirs unworthy in case of their dishonest behavior towards the testator and, accordingly, deprivation of the right to inherit any property or money. As a result of declaring one of the heirs unworthy, their share is divided proportionally among the other heirs.
Grounds for deprivation of the right to inherit:
1) the persons intentionally took the life of the testator or any of the possible heirs or attempted to take the life of the heirs (this does not apply to persons who made such an attempt, but the testator, knowing this, still appointed them as his testamentary heirs);
2) persons intentionally prevented the testator from making a will, making changes or revoking it and thus contributed to the emergence of the right to inherit from themselves or from other persons or contributed to the increase of their share in the inheritance;
3) parents are not entitled to inherit by law after a child in respect of whom they have been deprived of parental rights, and their rights have not been restored at the time of the opening of the inheritance;
4) parents (adoptive parents) and adult children (adopted children), as well as other persons who evaded the obligation to maintain the testator, if this circumstance is established by a court;
5) one after another persons, whose marriage is invalid or recognized as such by a court decision;
6) by a court decision, a person may be removed from the right to inherit under the law if it is established that this person evaded assistance to the testator, who due to old age, serious illness or injury was in a helpless state;
7) removal from the right to inherit of heirs by law and by will is possible only on the basis of a court decision.
