The Verkhovna Rada of Ukraine has adopted a draft law on amendments to the Law of Ukraine "On Public Procurement" regarding managed access agreements No. 9428 of June 27,2023.
The adoption of the government draft law is an important step towards unlocking the further implementation and conclusion of managed access agreements, which allow the state to purchase expensive original innovative medicines on more favorable terms and provide them to patients with rare diseases.
Today, most countries of the Organization for Economic Cooperation and Development and members of the European Union use the mechanism of managed access agreements to protect against catastrophic costs not only for their citizens, but also the health care systems themselves. The state, on behalf of the patient, enters into direct negotiations with the manufacturer of the drug under a special procedure that allows access to these drugs, but at the same time reduces the risks for the manufacturer, preserving their interest in providing these drugs. A key principle of these agreements is their confidential nature, as they usually contain provisions for significant price reductions. We are not talking about interest or discounts, this is a significant difference, which can be several times or even tens of times smaller. This is a unique opportunity for Ukrainians to receive innovative treatment.
Since 2021, the Government has clearly regulated the conditions for the formation of managed access agreements, including the procedure for conducting negotiations, the procedure for concluding, executing, changing and terminating managed access agreements, and their standard forms. Due to this, the procedure took on clear forms, became settled, and also as transparent as possible in terms of ensuring the confidentiality of the negotiations.
The Cabinet of Ministers of Ukraine approved the Ukraine Facility Plan, which will become the basis for the implementation of the European Union’s program of financial support of Ukraine during 2024-2027.
The Ukraine Facility Plan provides for the implementation of structural reforms in the public sector, the implementation of a number of economic reforms aimed at the development of the business climate and entrepreneurship, as well as steps for the development of priority sectors that can ensure rapid economic growth. The implementation of the Plan will contribute to the European integration of Ukraine and the further sustainable development of the economy.
In general, the Ukraine Facility Plan includes more than 150 indicators in 69 directions of reforms, the implementation of which is planned for the period until 2027. The plan was developed in full synchronization with key international partners of Ukraine. In view of this, the indicators provided for in the Plan partially correspond to the already existing international obligations of Ukraine within the framework of other agreements.
The Ukraine Facility Plan also provides for 16 investment indicators included in the general list of changes. To implement them, it is necessary to continue and strengthen programs related to infrastructure development, demining, renewable energy, support of small and medium-sized enterprises, etc.
The Verkhovna Rada of Ukraine has adopted the draft Law on Amendments to Certain Laws of Ukraine on Ensuring the Rights of Servicemen and Policemen to Social Protection (Reg. No. 10313 ).
The purpose of the Law is to improve the mechanisms for ensuring certain rights of servicemen, in particular, to information, medical care, vacations, determining the loss of working capacity, legal regulation of other issues related to the realization of the rights of servicemen and military officials during military service.
In addition, provision is made for ensuring the rights of police officers to one-time monetary assistance in the event of loss (death) and determining the loss of working capacity.
The Verkhovna Rada of Ukraine has adopted the Law of Ukraine "On Amendments to the Customs Code of Ukraine on Customs Clearance of Biomethane" (basic project No. 9456 ), which, in particular, restores customs inspections.
According to this document, as of May 1, 2024, the moratorium on the following will be cancelled:
- scheduled documentary audits;
- unscheduled documentary audits (on-site and off-site);
- counter reconcilliations;
- completion of initiated and pending inspections by February 24, 2022.
The moratorium is maintained for taxpayers registered in temporarily occupied territories, territories of active and possible hostilities (according to the list of the Ministry of Reintegration).
The main basis for conducting inspections will be the availability of information that indicates that the company violated the requirements of the legislation on customs matters.
Customs officials will be restored the right to inspect monetary, financial and accounting documents, reports, contracts, declarations, calculations, other documents that may be related to foreign economic transactions.
Also, according to draft law No. 9456, taxpayers who will send goods worth up to 1,000 euros outside the customs territory of Ukraine in international postal or express shipments will not submit ordinary customs declarations.
The National Bank of Ukraine, by Resolution No. 34 of the Board of the National Bank of Ukraine dated March 19, 2024, has clarified a number of its normative legal acts regarding the implementation of the temporary administration of non-banking financial institutions and the application of corrective measures, early intervention measures, and influence measures in the sphere of state regulation of activities on the markets of non-banking financial services.
Changes to the Regulation on the procedure for appointing, implementing and terminating the temporary administration of an insurer and credit union provide for:
- separate interview procedure for a candidate for the temporary administrator of an insurer/credit union with the Committee on Supervision and Regulation of Non-Banking Financial Services Markets;
- expansion of the list of information to be taken into account by the National Bank when establishing the fact that the insurer/credit union has obligations under concluded insurance contracts/providing financial services;
- clarification of the procedure for early termination of the temporary administrator's powers;
- duty of the temporary administrator to notify the National Bank of the impossibility of performing their functions, etc.
Amendments to the Regulation on Certification of Persons for the Right to Exercise Temporary Administration of a Non-Bank Financial Institution have expanded the list of grounds for annulment of a certificate for the right to exercise temporary administration.
Amendments to the Regulations on the Application of Corrective Measures, Early Intervention Measures, and Impact Measures by the National Bank of Ukraine in the Field of State Regulation of Activity in Non-Banking Financial Services Markets relate to:
- expansion of the list of signs of risky activity in relation to non-bank providers of financial services, in particular insurers, credit unions, financial companies, including those providing guarantees, and pawnshops;
- regulation of the procedure for applying fines for violations of legislation in the sphere of Ukrainian legislation on advertising on financial services markets.
The provision on the cancellation of the license for the provision of financial services during the period of martial law is recognized as having lost its validity.
The National Bank of Ukraine by Resolution No. 27 of March 14, 2024 "On Amendments to Certain Regulatory Acts of the National Bank of Ukraine on the Protection of the Rights of Consumers of Financial Services" has made editorial changes to certain regulatory acts on the protection of consumer rights and by Resolution No. 28 of March 14, 2024 "On Recognizing as invalid the Order of the State Commission for Regulation of Financial Services Markets of Ukraine No. 2883 of December 3, 2004" clarified the requirements for pre-contractual information of consumers and their contractual relations with financial service providers. The changes were made in compliance with the Laws of Ukraine "On Financial Services and Financial Companies" and "On Insurance".
The National Bank has also optimized the number of regulatory acts in the areas of consumer rights protection, consumer lending and insurance and recognized Order of the State Commission for the Regulation of Financial Services Markets of Ukraine No. 2883of December 3, 2004 "On Approval of the Regulation on Procedure, Terms of Issuing and Amounts of Loans to Policyholders who have Concluded Life Insurance Contracts" as having lost the validity.
The National Bank of Ukraine has established the procedure for notification by providers of financial or accompanying services about the occurrence of a technical failure or other unavoidable circumstances that objectively make it impossible to assess the consumer's creditworthiness or fulfill the obligation and deadlines for submitting information about consumer credit to the credit history bureau included in the Unified Register of Credit History Bureaus.
The procedure establishes requirements for the list of information that must be specified in the message to the "hotline" of the National Bank of Ukraine.
The requirements for the list of information that must be specified in the written confirmation of a technical failure or other unavoidable circumstances are also defined, including:
- reasons that led to the occurrence of a technical failure or other unavoidable circumstances;
- status regarding the expiration or continuation of the technical failure or other unavoidable circumstances;
- date and time of the end of a technical failure or other unavoidable circumstances or a plan to restore the activity of the provider of financial or accompanying services regarding the possibility of fulfilling the requirements of the legislation of Ukraine.
The Cabinet of Ministers of Ukraine has adopted Resolution No. 300 "On Amendments to the Procedure for the Use of Funds Provided in the State Budget for Providing Support to Farms and Other Producers of Agricultural Products."
The new document expands the directions of state support for farmers registered in the State Agrarian Register, and increases the amount of payments.
In particular, budget funds will be provided in the following directions and in the following amount:
- budget subsidy for 1 hectare to farmers who cultivate up to 120 hectares of agricultural land. The amount has been increased from UAH 3.1 thousand to UAH 4 thousand per hectare;
- separate budget subsidy per 1 hectare for farmers from de-occupied territories and those territories where hostilities have ended. The amount of support is UAH 8,000 per hectare;
- special budget subsidy for keeping cattle (cows) of all areas of productivity. Farmers keeping up to 100 cows will be able to receive UAH 7 thousand per head;
- special budget subsidy for the maintenance of breeding stock of goats and/or sheep. The amount of support is UAH 2,000 per head for those who grow from 5 to 500 goats and sheep.
The Cabinet of Ministers of Ukraine has adopted Resolution No. 281 " On Amendments to the Procedures Approved by Resolution of the Cabinet of Ministers of Ukraine No. 738 of June 21, 2022".
The Resolution, in particular, defines:
- maximum amount of the grant and percentage ratio of project financing ;
- way in which the Ministry of Agrarian Policy notifies the authorized bank, the Ministry of Economy and the recipient of the decision to cancel the grant;
- additional requirements for monitoring the state of planting of plantations or construction of a modular greenhouse by an authorized bank;
- payment of costs related to the implementation of the project of planting plantations or construction a modular greenhouse is made within a period of no more than 12 months from the moment the grant is credited to the account.
The Resolution also provides changes for the monitoring of plantations. In particular, the authorized bank can monitor the state of plantations using the National Infrastructure of Geospatial Data during the implementation of the grant project and for 5 years after its completion.
