The Cabinet of Ministers of Ukraine has adopted Resolution ‘On participation of state in withdrawal of systemically important bank from the market’ regarding the participation of the state, represented by the Ministry of Finance of Ukraine, in the withdrawal of the systemically important SENSE BANK JSC from the market, which will make it possible to ensure its further stable operation, protect the interests of depositors and other creditors of the bank in connection with the application of sanctions to the owners of significant participation in the bank, and prevent negative consequences on the financial market.
The Resolution was adopted on the basis of the proposal of the National Bank on the participation of the state in the withdrawal of the systemically important bank SENSE BANK JSC from the market and the decision of the National Bank on the withdrawal of the systemically important bank SENSE BANK JSC from the market on the grounds determined by Law of Ukraine ‘On Banks and Banking’, which occurred during the armed aggression against Ukraine carried out by the russian federation, namely the application of international sanctions and sanctions in accordance with Law of Ukraine ‘On Sanctions’, which constitutes a threat to the interests of depositors or other creditors of the systemically important bank SENSE BANK JSC and, accordingly, the stability of the banking system due to the deprivation/restriction of the right of the person to whom the sanction has been applied to dispose of assets.
The nationalization of SENSE BANK JSC will not affect the bank’s fulfillment of its obligations to depositors and clients.
The Ministry of Finance of Ukraine has been designated as the authority for managing corporate rights for shares of SENS BANK JSC, which are owned by the state.
The procedure of the bank’s nationalization, including the appointment of new management, will be ensured as soon as possible for its smooth operation.
The participation of the state in the withdrawal from the market of a systemically important bank is a necessary step to preserve the stability of the banking system and an effective method of protecting depositors and other creditors of the bank in the event of sanctions being applied to the owners of significant participation in the bank.
After the end of martial law, the Ministry of Finance will attract investors for the sale of SENSE BANK JSC.
The Ministry of Finance of Ukraine, by Order No. 331 of June 19, 2023, has approved the form of the Tax calculation of the amounts of income of the payer of the third group of the unified tax on bank accounts and the amounts of tax withheld from them.
Such a document is submitted only in case of crediting of funds to the account of the payer of the single tax of the third group – electronic resident (e-resident).
At the same time, tax agents of taxpayers of the third group of single taxes – electronic residents (e-residents) separately reflect the amount of income to the account, which is taxed at the rate of 5% of the amount of deposited funds, and the amount of income to the account, which is taxed at the rate of 15% of the amount of deposited funds (in case of exceeding the corresponding limit).
Order No. 331 enters into force on the day of its official publication.
The Ministry of Economy of Ukraine, by Order No. 5496 of June 14, 2023, has made changes to the Criteria for determining enterprises, institutions and organizations that are important for the branches of the national economy.
There are eight criteria by which enterprises are defined as having crucial importance for the branches of the national economy, if they meet at least one of these criteria.
Order No. 5496 added a new, ninth criterion: the implementation of mine action activities (providing services and/or performing humanitarian demining works in the territory of Ukraine).
In addition, two criteria were reformulated:
1) the average salary of employees of an enterprise, institution, organization that carries out activities in the field of policy formation and/or implementation, which is ensured by the Ministry of Economy, should be:
- not lower than the average salary in the country, multiplied by a factor of 1.5 – for enterprises, institutions, organizations that have an average number of insured persons – employees of at least 50 people;
- not lower than the average salary in the country, multiplied by a factor of 3 – for enterprises, institutions, organizations, regardless of the number of insured persons – employees;
2) carrying out activities on the territory of three or more regions of Ukraine in the field of policy formation and/or implementation of which is ensured by the Ministry of Economy, which is confirmed by documents on the right of ownership or lease of real estate, as well as an extract from the information system of the State Tax Service authorities regarding the status of the payer’s settlements with the budget and target funds by the location of the branch, representative office, other separate subdivision.
This order will enter into force from the day of its official publication.
The President of Ukraine has signed Law No. 3200-IX ‘On Amendments to Certain Legislative Acts of Ukraine regarding Mandatory Registration and Use of Electronic Cabinets in the Unified Judiciary Information Telecommunication System or its Modules that Ensures Exchange of Documents’.
The provisions of the draft document:
- supplement the Economic Procedural Code of Ukraine, the Civil Procedural Code of Ukraine and the Code of Administrative Procedure of Ukraine with provisions to change the term ‘official e-mail address in UJITS’ to ‘electronic cabinet in UJITS’, which will contribute to the correct understanding of this tool by participants in court proceedings;
- extend the obligation to register the electronic cabinet in UJITS for all legal entities;
- in the case of an appeal to the court by a person who is obliged to register the electronic cabinet, but has not fulfilled its duty, the documents of such a person will remain motionless by the court or will be returned without being accepted for consideration by the court, depending on the type of procedural document;
- ensure the possibility for the party to send documents through UJITS to other participants in the case if they have the electronic cabinet.
It is also determined that lawyers, notaries, private executors, arbitration managers, judicial experts, state bodies, local self-government bodies, other legal entities register electronic cabinets in the Unified Judiciary Information Telecommunication System or its modules, which ensures the exchange of procedural documents, within thirty days from the date of publication of this Law.
According to the members of the Legal Policy Committee, the implementation of the adopted law will make it possible to ensure the gradual introduction of electronic communications with the court, as well as contribute to the mandatory registration and use of electronic cabinets in the Unified Judiciary Information Telecommunication System by representatives of legal professions and legal entities. Mandatory registration of the electronic cabinet of a separate category of participants in the legal process will enable the courts to issue notices and subpoenas to the relevant participants in electronic form, saving money and time usually spent on document circulation.
The initial version of the draft law provided that individual entrepreneurs should also be registered in the Unified Judiciary System. But during the preparation of the project for the second reading, entrepreneurs were released from this obligation
The Verkhovna Rada of Ukraine has adopted in the second reading and as a whole the government project of Law on Amendments to the Code of Ukraine on Administrative Offenses regarding the strengthening of responsibility in the field of collective bargaining (reg. No. 7629 of August 2, 2022).
The law establishes administrative liability for persons who represent employers or trade unions, in particular, for willful violation of the legally established period of consultation regarding the start of collective negotiations.
It is clarified that the fine is not imposed on persons who represent employers with less than 25 employees, and trade unions when they represent the interests of employees of such employers.
Fines are increasing:
- for evading participation in collective negotiations (Article 411 of the the Code of Ukraine on Administrative Offenses) – from ten to fifty tax-free minimum income UAH 170 – 850 (current norm – from three to ten UAH 51 – 170);
- for failure to provide information necessary for conducting negotiations and monitoring the implementation of agreements and contracts (Article 413 of the Code of Ukraine on Administrative Offenses) – from five to ten fines of UAH 85 – 170 (the current norm – from one to five UAH 17 – 85).
The Verkhovna Rada of Ukraine has voted in favor of the presidential bill on amendments to Art. 73 of the Labor Code of Ukraine (reg. No. 9431).
The law amended Article 73 of the Labor Code of Ukraine, defining the following holidays:
- December 25 – Christmas, while canceled on January 7;
- July 15 – Ukrainian Statehood Day instead of July 28;
- October 1 – Day of Defenders of Ukraine instead of October 14.
As noted in the explanatory note, in the conditions of full-scale armed aggression of the russian federation against Ukraine, the powerful revival of the Ukrainian nation continues. The ceaseless successful struggle for one’s identity contributes to the inner awareness and desire of every Ukrainian to live their own life with their own traditions, holidays, etc.
For a long time, russian ideology was imposed on the Ukrainian people in almost all spheres of life, including the observance of the Julian calendar and the celebration of Christmas on January 7. Christmas is a great Christian holiday that is an integral part of our Ukrainian culture. Most of the world’s Orthodox Christians celebrate Christmas on December 25. On May 24, 2023, at the Synod of Bishops, the Orthodox Church of Ukraine approved the full transition from September 1, 2023 to the Revised Julian calendar, which is followed by the majority of Orthodox churches in the world and which, in particular, provides for the celebration of Christmas on December 25, instead of January 7.
The change in the date of the celebration of the Nativity of Jesus necessitates the postponement of the Ukrainian Statehood Day (from July 28 to July 15) and the Day of Defenders of Ukraine (from October 14 to October 1) by thirteen full calendar days.
