Legislative Review

16-20 September 2013. There are approved the Procedure on the normative monetary evaluation of non-agricultural lands

The Ministry of Revenues and Duties of Ukraine by the letter № 6666/7/99-99-24-03-09-17 of 30.08.2013 reminded that the part 3 of art. 470 of the Customs Code of Ukraine is stipulate responsibility for exceeding, established by art. 95 of this Code, of the delivery required date of goods, commercial motor vehicles, customs or other documents for these commodities for more than ten days. The same responsibility is envisaged for loss of these goods, vehicles, documents or issuing of them without the permission by authorizes the Ministry of Revenues and Duties.

The Ministry of Revenues and Duties of Ukraine by the letter of 13.09.2013 reminded: if the seller of goods/services refuses to provide a tax invoice or violates the procedure of its filling or procedure of registration in the Unified Register of tax invoices, the buyer of such goods or services is entitled to add to the VAT tax return for the reporting tax period the application with complaint on the supplier. The application is submitted in the form according to Annex 8 (Д8) Declaration on the VAT, to which included copies of checks or other commercial settlement documents certifying the fact of payment of tax in connection with acquisition of such goods/services. Also possible to attach the copies of original documents confirming the fact of receiving of such products/services.

The Ministry of Revenues and Duties of Ukraine by the letter № 4911/6/99-99-19-04-02-15 of 14.06.2013 reminded that, in accordance with subpar. 197.1.27 par. 197.1 art. 197 of the Tax Code of Ukraine from VAT taxation exempted transactions for the supply of medicinal products permitted for production and use in Ukraine and filled in the State register of medicines (including by pharmacies), as well as operations for supply of medical designation products, according to the list approved by the Cabinet of Ministers of Ukraine. Exemption fromVAT taxation, provided by par.197.1 art. 197 of the Tax Code of Ukraine, does not apply to the operation with excisable goods specified in Sec. VI of this Code.

The Ministry of Finance of Ukraine by the order № 707 of 26.07.2013 approved the Procedure for appeals consideration and personal reception organizing of citizens in the State Financial Inspection of Ukraine and its territorial offices. Document defines the procedure for the consideration by the State Financial Inspection of Ukraine and its territorial units appeals of citizens and officials of enterprises, institutions, organizations, inquiries and recourses of people's deputy of Ukraine, deputies of local councils and the organizing of personal citizens reception, in addition to the appeals procedure for the provision of primary legal assistance, requests for information and complaints of law enforcement and objections (comments) which send objects of control.

The Ministry of Finance of Ukraine by the letter № 31-08410-07-27/22430 of 25.07.2013 informed that depreciation of low-value non-current tangible assets is calculated in accordance with par. 27 of the Standard of Accounting 7. In the event of depreciation change from straight-line depreciation method to the 100 percent method of the value accrual in the first month, the residual value of such object of low-value non-current tangible assets can be depreciated in the month following the month of such changes.

The Ministry of Internal Affairs of Ukraine by the order № 761 of 09.08.2013 approved new Procedure for monitoring compliance with License Conditions of Conducting of security activity, which applies to all entities licensed by Ministry of Interior to conduct of security operations.

The Ministry of Internal Affairs of Ukraine by the order № 780 of 13.08.2013 approved the Technical description of the international driver's license, which stipulates that it is manufactured in accordance with Annex 1 to the Resolution № 47 of the Cabinet of Ministers of 31.01.1992 “On approval of samples of national and international driving licenses and documents required for registration of transport vehicles”.

The Ministry of Agrarian Policy and Food of Ukraine by the order № 508 of 22.08.2013, approved the Procedure on normative monetary valuation of non-agricultural land (excluding lands of inhabited localities).

The Ministry of Infrastructure of Ukraine by the order № 551 of 26.07.2013 approved the Procedure on advanced training of managers and specialists, whose work is related to the provision of road transport services. The document defines the organizational structure of the advanced training of managers and specialists, whose work is related to the provision of road transport services, for traffic safety issues, labour protection and fire safety, establishes the procedures for determining of training centers of advanced training of managers and specialists and requirements to them, procedures for knowledge test of managers and specialists.

The Ministry of Infrastructure of Ukraine by the order № 520 of 26.07.2013 introduced amendments to the order № 1151 of the Ministry of Transport and Communications of 13.12.2006 “On approval of forms of standard register ship's papers”, which, inter alia, approved form of certificate of surveyor of ship for its registration. In addition, approved technical description of forms of standard register ship's papers.

The Ministry of Infrastructure of Ukraine by the order № 631 of 21.08.2013 approved the Procedure on provision of services to ensure the prevention and liquidation of the spills polluting substances in the ports of Ukraine. This document defines the requirements for the provision of services to ensure the prevention and liquidation of the spills of pollutants into water area and on the territory of sea port and extending to the administration of ports of Ukraine, the owners (users) of sea terminals, stevedoring companies, port operators, terminal operators, shippers, consignees, ship owners, cargo owners, carriers, their representatives and other persons involved in the processing and storage of cargo, ships servicing on the territory and in water area of seaport.

The National Securities and Stock Market Commission of Ukraine (NSSMC) by the decision № 1468 of 13.08.2013 approved the Regulations on the structure and amount of expenses which reimbursed by the assets of collective investment institution (CII). Among other things, the approved Regulations provide that through the CII assets are paid costs associated with the provision of its activity.

The National Securities and Stock Market Commission of Ukraine (NSSMC) by the decision № 1414 of 06.08.2013 approved the Regulations on the peculiarities of the asset management activities of institutional investors. The document determines the basic features, requirements, limitations and peculiarities of the asset management activities of institutional investors by asset management company and persons engaged in asset management of non-state pension funds.

The National Securities and Stock Market Commission of Ukraine (NSSMC) by the decision № 1336 of 30.07.2013 approved a new Regulation on the procedure for determining of the value of the net assets of collective investment institutions, which, inter alia, provides that the asset management company calculates the net asset value separately for each collective investment institution.

The National Securities and Stock Market Commission of Ukraine (NSSMC) by the decision № 1408 of 06.08.2013 approved amendments to the Regulations on the preparation and submission of administrative data on the activities by securities traders to the National Securities and Stock Market Commission.

The National Securities and Stock Market Commission of Ukraine (NSSMC) by the decision № 1331 of 30.07.2013 identified features of the activities of the National Bank as a participant in the depository system of Ukraine. Thus, the National Bank pursuance of the authorization set out in Part 1 of Art. 17 of the Law “On the Depository System of Ukraine”, according to the obtained depository assets provides depository and clearing activities on internal and foreign government bonds of Ukraine, the special purpose internal government bonds of Ukraine, the Ukrainian treasury obligations and local bonds, debt securities which certify loan relations of local governments which have been placed outside of Ukraine.

The National Securities and Stock Market Commission of Ukraine (NSSMC) by the decision № 1332 of 30.07.2013 approved the Regulations on global certificate and temporary global certificate. The document defines the procedure for registration and record keeping of global certificates and temporary global certificates, their details and list of documents submitted by the issuer (the authorized person of founders, who are competent to carry out activities related to the creation of joint-stock company, an asset management company with which the corporate investment Fund has concluded contract on asset management, trustee) to the Central Securities Depository at depositing of global certificates or temporary global certificates.

The State Commission on Regulation of Financial Services Markets of Ukraine by the order № 2401 of 23.07.2013 approved the Qualification requirements for insurance agents, required for the implementation of intermediary activity with obligatory insurance of civil and law liability of owners of vehicles, which apply to insurance agents-individuals, insurance agents-individuals, who are registered in the prescribed manner as business entities, and employees of insurance agents-legal entities who are responsible for the implementation of mediation in the field of compulsory insurance of civil liability of owners of vehicles.

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