Legislative Review

August 19 – 23, 2024. Criteria of important enterprises to the economy for the purpose of reservation have been adjusted

The Verkhovna Rada of Ukraine adopted in its entirety draft Law "On Grapes and Viticulture Products" No. 9139 .

The main purpose of the law is to bring the norms of the industry legislation into line with the requirements of the international rules for the production of viticulture and winemaking products and the implementation of the provisions of the EU Regulations on the conduct of viticulture and winemaking, oenological practices, the production of flavored wine products, the use and protection of geographical indications of wines, flavored wine products, and control in the field of viticulture and winemaking.

The main provisions of the Law:

  • bring terms and definitions, classification of grape varieties and requirements for the production of viticulture and winemaking products, flavored wine products, as well as some oenological practices and restrictions in accordance with the requirements adopted in the EU countries;
  • introduce requirements for the production and circulation of wines, viticulture and winemaking products, flavored wine products with geographical indications, similar to the current rules in the EU countries;
  • determine the mechanism of protection of geographical indications on the territory of Ukraine;
  • introduce new terms and definitions according to the categories of European legislation;
  • create a unified state information system " Vine-growing and wine-making register";
  • provide for the possibility of state support for viticulture and winemaking;
  • implement the rules regarding labeling and presentation of wine products;
  • establish the principles of conducting inspections of the production of wine products from the vine to the final product, determine the controlling institutions and their powers, specify the sanctions that are established for violating the requirements established by law.

The law enters into force on January 1, 2026.

The Verkhovna Rada of Ukraine adopted in general the project of the Law of Ukraine "On Amendments to the Customs Code of Ukraine on the Implementation of Certain Provisions of the Customs Code of the European Union" (No. 10411).

Adoption of the draft law will provide an opportunity for domestic business to adapt to the updated rules in the field of foreign economic activity and make a "soft" transition from the current to the new Customs Code of Ukraine.

The main changes envisaged by the draft law :

  • introduction of the concept of customs representation, similar to the one operating in the EU countries, with the division of types of representation into direct and indirect, separation of duties and responsibilities of the subject of foreign economic activity and its customs representative;
  • gradual transition over 18 months of enterprises engaged in foreign economic activity to a system of authorizations similar to the one operating in the EU: introduction for customs brokers, keepers of customs warehouses, temporary storage warehouses and others of a single system of criteria and conditions for all customs authorizations ;
  • introduction of the European model of customs warehouses types and expansion of the range of services;
  • expansion the possibility for AEOs to confirm the adequacy of their financial status;
  • introduction of the European approach to the application of customs regimes;
  • bringing the provisions of the Customs Code of Ukraine into compliance with EU regulations regarding delivery, presentation of goods, as well as their storage under customs control;
  • abolition of the need to call the customs officer to carry out the movement of goods between the objects of the enterprise, for which different authorizations have been obtained (for example, between the customs warehouse and the authorized consignor or consignee within the same territory of the enterprise);
  • development of post-customs control and its combination with customs audit measures;
  • improvement of provisions regarding the promotion of protection of intellectual property rights during the movement of goods across the customs border of Ukraine.

The Cabinet of Ministers of Ukraine adopted Resolution No. 944 of August 20, 2024 "On Adoption of the Procedure for Approval of Minimum Permissible Export Prices for Certain Types of Goods". The purpose of adopting the resolution is to establish a mechanism for determining the minimum permissible export prices for certain types of goods by the Ministry of Agrarian Policy, which is provided for in Art. 19 of the Law of Ukraine "On Foreign Economic Activity". Minimum export prices will be set in US dollars per kilogram.

In accordance with the Procedure, the minimum allowable export prices will be determined for certain types of goods classified under the appropriate codes according to the UKT FEA.

The Ministry of Agriculture determines the minimum allowable export prices for each type of product, taking into account the terms of delivery, and by the 10th of each month, and if such a day falls on a holiday, on the following working day, ensures their approval by adopting a corresponding decision (order).

The export of certain types of goods is prohibited if the contract (foreign trade) prices stipulated in the foreign economic agreement are lower than the minimum permissible export prices approved by the Ministry of Agriculture.

The adoption of the resolution will contribute to ensuring the minimization of opportunities for abuse during the implementation of foreign economic operations for the export of certain types of agricultural products, in particular grain and oil crops, regulation of the balance of payments of Ukraine, and increase in tax revenues to the state budget.

The Verkhovna Rada of Ukraine adopted draft Law of Ukraine on the safety and health of workers at work No. 10147. The purpose of the draft law is to change the object of influence of state policy: from the current "labor safety" or "labor protection" to the European "employee safety". The main tasks of the draft law are the elimination or minimization of risks to the life and health of the employee at work. Project the act also proposes to introduce into legislation key terms and concepts in the field of safety and health of employees at work, in particular, the concept of an incident, occupational risk, risk assessment, workplace, harmful and dangerous occupational factors, audit of the safety and health system of employees, expert organization, employee representatives, etc.

This draft law is European integration and provides for the introduction in Ukraine of a new system of prevention of industrial risks, which is based on the principles of assessment, control and management of risks defined by Council Directive No. 89/391/EEC.

The Ministry of Social Policy of Ukraine developed a resolution that amends the Procedure for Conscripting Citizens for Military Service During Mobilization for a Special Period (hereinafter – the Procedure). This Order, among other things, regulates the issues of postponement, checking the grounds for it, determines the list of documents for obtaining a postponement, and approves the form of the act on establishing the fact of providing care.

In accordance with the adopted resolution, the following changes were made to the legislation:

  • the documents confirming the right to deferment for persons who maintain or provide permanent care for relatives and loved ones were reviewed ;
  • the mechanism for obtaining an act on the establishment of permanent care was changed, the procedure and deadline for its issuance were regulated;
  • the act on establishing the fact of permanent care was changed.

The Ministry of Digital Transformation of Ukraine by Order No. 123 of August 8, 2024 made changes to the Criteria for determining enterprises, institutions and organizations that are important to the national economy in the field of digitalization, approved by Order No. 30 of March 23, 2023.

Subitem 1 of item 1 of the Criteria is set out in the following wording: the enterprise supplies the core of the electronic communication network to providers of electronic communication services using mobile communication networks, providers of electronic communication services of the data processing center, providers of electronic communication networks that provide access services to the Internet exchange network and traffic determined by the Ministry of Digitization to be critically important for the functioning of the economy and ensuring the livelihood of the population in a special period in the field of digitalization, which is confirmed by:

  • the company's information regarding the current contract, its subject matter, essential conditions and term of validity concluded with the relevant supplier specified in the first paragraph of this subsection, provided by the company;
  • the certificate (in an arbitrary form) provided by the relevant supplier, specified in the first paragraph of this subsection, on his compliance with the orders of the National Center for Operational and Technical Management of Telecommunications Networks regarding ensuring the stability of electronic communication networks in conditions of martial law and on the company's proper fulfillment of contractual obligations.

In addition, item 1 of the Criteria has been supplemented with eight new subclauses, according to which the status of important to the economy, and therefore the reservation of one's employees, can be claimed under certain conditions.

The Ministry of Finance of Ukraine, by Order No. 373 July 30, 2024, approved changes to the Criteria by which the Ministry of Finance of Ukraine determines enterprises, institutions and organizations that are important for the national economy.

In particular, the third, fourth and fifth paragraphs of the Criteria have been set out in the new edition (they prescribe the list of services and works that enterprises should be engaged in). According to the changes, enterprises, institutions, organizations are defined as having importance for the branches of the national economy, if they meet at least one of the following updated criteria:

  • entities of audit activity that provide services for the mandatory audit of financial statements under contracts with public interest entities and/or with enterprises that are of strategic importance for the economy and security of the state, in accordance with the list of state-owned objects, which are of strategic importance for the economy and security of the state, approved by Resolution of the CMU No. 83 of March 4, 2015;
  • performance of works and provision of legal, consulting, agency and other services for the Ministry of Finance on the basis of agreements (treaty, memoranda, contracts) concluded for a period of at least six months, on issues of management of state-owned objects, implementation of state debt policy, settlement of disputes, consideration of cases related to the fulfillment of state debt obligations of Ukraine;
  • provision of legal or audit services that meet the needs of enterprises, institutions, organizations that are under the control of the Ministry of Finance or in respect of which the Ministry of Finance performs functions of managing corporate rights belonging to the state in their authorized capital, or exercises control over their activities, in the event that the absence of such services will lead to disruption of the stable functioning of such enterprises, institutions, organizations, which is confirmed by a letter from the relevant enterprise, institution, organization.

The Verkhovna Rada of Ukraine adopted the draft law "On Amendments to the Fundamentals of the Legislation of Ukraine on Health Protection on Improving Restrictions for Medical, Pharmaceutical Workers and Rehabilitation Specialists During Their Professional Activities".

The draft law was developed by the Ministry of Health for the implementation of the State Anti-Corruption Program for 2023-2025. The document prohibits doctors, pharmacists, and rehabilitation specialists from prescribing drugs, medical products, or rehabilitation aids under the influence of direct or indirect financial incentives, namely:

  • receiving souvenir and branded products;
  • premiums, bonuses, gifts;
  • refund of part of the funds for the purpose;
  • participation in contests, lotteries, events from pharmaceutical representatives in exchange for appointments.

It is also prohibited to prescribe medicines on forms that contain advertising information or help control the frequency of prescription. Restrictions will also apply to medical products and rehabilitation aids.

Pharmacists, when dispensing medicinal products at the request of buyers, will be required to provide reliable information about available analogues that may be equivalent in their action, composition or effectiveness. In addition, it is forbidden to hide information about drugs with a similar active ingredient at a lower price, guided by own benefit.

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