Legislative Review

September 16 – 20, 2024. The State Budget of Ukraine for 2025 has been approved

The Verkhovna Rada of Ukraine adopted the Law of Ukraine on Amendments to the Law of Ukraine "On Public Procurement" on ensuring the publication by customers in the electronic procurement system of information on the prices of material resources during the procurement of services for current repairs and construction works (transparent construction) (reg. No. 11057).

The new law obliges auction organizers to publicly publish information on the prices of material resources, current repair services, construction works, as well as information on construction materials.

The legislative act amends the Law of Ukraine "On Public Procurement" and specifies that the integral appendices to the contract for the purchase of services for ongoing repair, construction of new, expansion, reconstruction, capital repair and restoration of existing objects and structures of production and of non-production purpose are documents that contain information about prices for material resources, and also defines information about construction materials that must be contained in such documents, namely: name, characteristics, unit of measurement, selling price, quantity, cost of transportation and procurement and storage cost.

The Cabinet of Ministers of Ukraine adopted Resolution No. 1054 of September 13, 2024 "On Amendments to Resolution of the Cabinet of Ministers of Ukraine No. 28 of January 24, 2020".

The Government supported the changes proposed by the Ministry of Finance to improve the processes of providing financial state support to micro, small and medium enterprises (MSMEs), which is especially important in the conditions of a full-scale war. First of all, it is about the development of State programs "Affordable loans 5-7-9%", "Affordable financial leasing 5-7-9%", "Affordable factoring".

The resolution, in particular, provides for:

  • possibility of reducing the interest rate for business by combining state support (programs 5-7-9) with partner programs of authorized banks;
  • improvement of the mechanism of providing guarantees to authorized banks by the Entrepreneurship Development Fund (FDF);
  • implementation of the conditions of environmental and social standards of the World Bank when granting loans to agricultural enterprises from December 1, 2024 within the framework of the 5-7-9 Program.

In addition, the Government's decision regulated the fulfillment of the terms of international cooperation on attracting affordable financing for Ukrainian entrepreneurship, in particular, with the World Bank, the International Bank for Reconstruction and Development, and the International Development Association, as well as within the framework of agreements with the IMF on balancing support for small and medium-sized businesses with fiscal capacity of the state.

The Verkhovna Rada of Ukraine adopted draft law as a whole No. 11063-d "On the State Agrarian Register".

The law provides:

  • expanding the range of SAR users. State support will be available not only to producers of agricultural products, but also to organizations of water users and subjects of the agro-industrial complex;
  • regulation of the legal status of SAR and sources of its financing. In particular, SAR is defined as a complex information system that will ensure, in particular, collection, accumulation, integration, storage, display, processing of data, including the use of register information, provision of administrative and other public services ;
  • determination of powers of the holder, administrator and technical administrator of SAR, as well as SAR objects and types of register information that will be processed in it;
  • ensuring the possibility of forming extracts from SAR;
  • determination of the rights and obligations of SAR users;
  • determining the mandatory use of SAR data and/or SAR management software during the provision of state support, provision of partial guarantees for credit obligations by small and medium-sized business entities, provision of agricultural product insurance support;
  • bringing the provisions regulating the functioning of SAR into compliance with the requirements of the Law of Ukraine "On Public Electronic Registers";
  • formation of separate subsystems (sections) of the register, which will ensure the possibility of transforming the current State Agrarian Register, which currently functions in accordance with the Law of Ukraine "On State Support of Agriculture of Ukraine", into the State Register of Agricultural Producers (farm register);
  • implementation of monitoring of targeted use of state support and aid, grants in agriculture, taking into account the position of international partners;
  • ensuring electronic information interaction of SAR with other information and communication systems, electronic information resources, cadastres and systems.

The Verkhovna Rada of Ukraine adopted 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.

This draft law is aimed at rebooting authorities, namely the head of customs and heads and deputies of regional offices. They will be chosen by Ukrainian specialists and experts, as well as by our international partners, so that the candidates meet the criteria of professionalism, and they do not have any cases of corruption or abuse in the past.

The rules will be transparent and clear, which will allow Ukrainians, in particular military personnel with customs service experience, to work in a completely different body, cleansed of incompetence and corruption, and this will ensure stable and reliable income to the budget.

The Ministry of Finance of Ukraine has published a draft order of the Ministry of Finance "On Approval of Amendments to the National Accounting Standard 27 "Non-Current Assets Held for Sale and Discontinued Operations" (hereinafter – the draft order).

The draft order was prepared with the aim of bringing some norms of the National Accounting Standard 27 "Non-Current Assets Held for Sale and Discontinued Operations", approved by Order of the Ministry of Finance No. 617 of November 7, 2003 (as amended by Order of the Ministry of Finance No. 1100 of October 3, 2007), in accordance with current legislation and international financial reporting standards, in particular International Financial Reporting Standard 5 "Non-Current Assets Held for Sale and Discontinued Operations".

In particular, the draft order proposes bringing into compliance with the requirements of IFRS 5 "Non-Current Assets Held for Sale and Discontinued Operations" the accounting of business operations related to non-current assets held for sale and a group of assets subject to disposal as a result of the sale transaction, as well as the discontinued operations.

The Cabinet of Ministers of Ukraine approved the Procedure for providing written consent (notification) for cross-border transportation of hazardous waste and a conclusion on cross-border transportation of waste.

The procedure was developed to implement the provisions of the European Integration Law "On Waste Management" and to ensure environmental safety during cross-border transportation of waste.

Government decision provides for:

  • unified procedure for providing written consent (notification) for cross-border transportation of hazardous waste and a conclusion on cross-border transportation of waste has been introduced;
  • prescribed forms of documents on cross-border transportation of waste;
  • list of plastic waste, the cross-border transportation of which is carried out on the basis of the conclusion, is determined;
  • number of normative acts were repealed. In particular, Resolutions of the CMU No. 1120 of July 13, 2000 and No. 9 of January 12, 2022 were recognized as having lost their validity.

The Verkhovna Rada of Ukraine supported draft law No. 11520 on the new version of the law "On Public Procurement". This document brings Ukraine's legislation closer to EU standards and improves the public procurement process in the context of the country's post-war recovery.

Due to this draft law, some proven and effective public procurement tools will be transferred to the level of law. It is about a mechanism for correcting errors, simplifying mechanisms for submitting proposals, using an electronic auction and enabling participants to submit tender proposals at a price higher than the expected purchase price.

The main goal of the draft law is to continue the adaptation of the procurement system to EU legislation, to introduce flexible procurement tools for recurring needs, to develop socially responsible business, and to give preferences to veteran businesses and enterprises that employ people with disabilities.

The Verkhovna Rada of Ukraine supported draft law No. 11416d on a historically large tax increase of UAH 58 billion this year and UAH 137 billion next year.

This draft law provides for:

1) increase in military levy for the period until December 31 of the year in which martial law will be terminated, namely:

  • rate increase from 1.5% to 5%;
  • establishment of a tax in the amount of 1% of the income of taxpayers of the uniform tax of the III group;
  • establishment of a tax rate for tax payers - payers of the single tax of groups I, II and IV at the level of 10% of the amount of the minimum salary;

2) setting the income tax rate for banks for 2024 at 50%;

3) setting the income tax rate for non-bank financial institutions (except insurers) at 25%;

4) improvement of the proposed model for determining the size of advance payments from corporate income tax for gas stations;

5) changing the tax period from quarterly to monthly for reporting income paid to individuals (for economic booking);

6) instructing the Cabinet of Ministers to develop a draft law on amendments to the Budget Code of Ukraine regarding the inclusion of military levies in the special fund of the State Budget in order to direct them to the needs of financial support of the security and defense sector.

The Cabinet of Ministers of Ukraine approved project No. 12000 of the State Budget of Ukraine for 2025, which will be submitted for consideration by the Verkhovna Rada of Ukraine.

According to Art. 8 of the draft law on the State Budget-2025, the minimum salary is set at UAH 8,000. The hourly rate is UAH 48 per hour.

According to Art. 7 of the draft Law on the State Budget-2025, the subsistence minimum for the whole year will remain at the level of 2024. Namely, per person per month, it will amount to:

  • children under the age of six – UAH 2,563;
  • children aged six to 18 – UAH 3,196;
  • able-bodied persons – UAH 3,028;
  • persons who have lost their ability to work – UAH 2,361.
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