Legislative Review

17-21 December, 2012. Smoking of tobacco is prohibited in all public places

Verkhovna Rada of Ukraine in its Order № 4844-VI dd. May 24, 2012 introduced changes to some laws of Ukraine as for improvement of definite provisions about restriction of places for smoking of tobacco. In particular, smoking in all public places.

The owner, authorized persons or lessees of appropriate establishment or separate facilities are obliged to designate special places for smoking, total area of which cannot exceed 10% from the total area of corresponding establishment. These places should be equipped with draft ventilation or other means for tobacco smoke removal, and also place information contemplated by the Law. For placing of but cans or smoking at restaurants is imposed penalty ranging from 1 to 10 thousand hryvnyas.    

The law came into effect on December 17, 2012.

Verkhovna Rada of Ukraine in its Order № 5491-VI dd. November 20, 2012 introduced changes to the Law of Ukraine “About protection of personal data”, in particular concerning the sphere of its effect, reasons for personal data processing, their disposal or erasure, international cooperation and transfer of personal data.

The law came into effect on December 20, 2012.

Verkhovna Rada of Ukraine in its Order № 5494-VI dd. November 20, 2012 introduced changes to land Code of Ukraine, in particular as for coming into effect the law about agricultural land transactions but not earlier than January 01, 2016 it is prohibited to introduce rights for land plot to statute assets of business entities, and also buy and sell of land plots of agricultural purpose of state and community property except withholding (buyout) of them for social need. 

The law came into effect on December 20, 2012.

Cabinet of Ministers of Ukraine approved regulation № 1104 dd. November 19, 2012 “About realization of separate provisions of  criminal procedural Code of Ukraine”. In particular,  there was determined the procedure on keeping of material evidence by defendant party, their realization, technological processing, disposal, undertaking of expenditures connected with saving and sending, safe-keeping of temporary exempt assets during criminal proceeding and transmission procedure in escrow temporary removed documents which confirm the use of special right during criminal proceeding.  

Cabinet of Ministers of Ukraine in its instruction № 1007-р dd. December 05, 2012 agreed Conception of electronic service creation “Electronic office of taxpayer” and approved plan of measures as for realization of Conception of electronic service creation “Electronic office of taxpayer”. The above mentioned service is directed for mending of efficient collaborative mechanism of state tax service authorities and taxpayers in real time mode. It will promote right and comfortable calculation and timely payment of taxes and dues (obligatory payments).  

Cabinet of Ministers of Ukraine in its instruction № 1043-р dd. December 19, 2012 recommended to managers of institutions and enterprises to transfer five-day working week with two weekends according to the procedure and on terms determined by legislation in 2013 for workers working days from:

Friday may 03 – for Saturday may 18;

Friday May 10 – for Saturday June 01.

Ministry of Finance of Ukraine with a view to improve and make actual departmental classifier of information on the issues of state customs affairs which is used in the process of customs declarations processing in its Order № 1258 dd. November 30, 2012 approved changes to classifier of customs specialized institutions and scientific and research establishment of the customs service of Ukraine.  

The Law came into effect on December 17, 2012.

Ministry of Justice of Ukraine in letter dd. December 05, 2012 examined the requirements as for declaration of property, incomes, expenses and obligations of financial nature and make public declarations. In particular, it came to conclusion that persons specified in the law of Ukraine “About principles of prevention and corruption management” should declare not only their property status but also property status of their family members and their sizable expenses.

Also there was expressed an opinion that arrangement of information specified in declaration can be performed in official web-sites of corresponding state authorities and local self-government authorities as an alternative to the way of arrangement of mentioned information.  

Superior Economic Court of Ukraine in letter №  01-06/1731/2012 dd. November 28, 2012 considered some questions of practice in the application of the law concerning advertisement by economic courts. 

National Bank of Ukraine in letter  № 48-104/2886/11833 dd. December 14, 2012 provided explanations as for execution of financial monitoring and came to conclusion that bank with a view to follow the requirements of legislation which regulated relations in the sphere of avoidance legalization of money laundering or financing of terrorism in the part in order to  identify parties of a contract (agreement) should indentify according to legislation of all parties of appropriate contract (agreement) about general operations. 

As for corporate investment fund – should identify according to legislation appropriate corporate investment fund which is client of the bank; and the company on assets management that is person and acts for and on behalf of this fund, mutual investment fund – should indentify according to legislation the company that is client of the bank, acts in its own name, is initiator of creation and eminent of investment certificates of this mutual investment fund.  

Pension Fund of Ukraine in letter № 30248/02-20 dd. December 18, 2012 remembered that to applications about award of pension are added in particular documents about work experience which are specified by the procedure on confirmation of available work experience for award of pension without service records or appropriate records in it determined by regulation of cabinet of Ministers of Ukraine dd. August 12, 1993 N 637. In cases when there is no any information as for provision of right of pension of preferential basis determined for definite workers in order to confirm special work experience, the adjusting references are accepted to enterprises or organizations.

State Tax Service of Ukraine in letter №3976/0/61-12/15-1415 dd. October 19, 2012 provided explanations concerning releasing to expenses of enterprise the cost of dress-code purchased at the expense of employee and specified that expenses for provision of workers with working cloths, safe shoes and other personal protective equipment necessary for professional duties performance, taxpayer – legal entity has the right to take into account at determining tax object as a part of expenses in case these expenses are included in the List of working cloths, safe shoes and other personal protective equipment which is determined by Cabinet of Ministers of Ukraine and contemplated by Typical trade standards of free provision of workers with working cloths, safe shoes and other personal protective equipment. 

State Tax Service of Ukraine in letter № 11394/0/71-12/17-1217 dd. December 13, 2012 specified that change of codes of classification of types of economic activity by entrepreneurs for new ones cannot be the ground for withholding of voucher proof of payment of single tax issued in 2012 if kinds of activity according to classification of types of economic activity – 2005 are specified there.  At filling up the application for use of simplified system on taxation of accounting and reporting in such case it is necessity to indicate those codes which are specified in registration details of physical entity – entrepreneur at the moment of filling up application. 

Secialists of the Group of Companies “De Visu” are ready to provide advisory services aa for various issues of financial and economic activity conducting. In order to receive more detailed information you may call at the following phone numbers: (044)279-00-00, (044)279-40-00.

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