The Cabinet of Ministers of Ukraine(hereinafter − CMU) by its Resolution “On the effective use of state funds” of 11.10.16, № 710 took measures to economical use of state funds, for which the state power bodies maintained companies established by them as well as institutions and organizations financed by state budget funds.
Measures for efficient and rational use of budgetary funds include, in particular:
- establishing and accrual of increases to fixed official salary (rates), allowances, additional payments, benefits, rewards, bonuses and other incentive payments to employees are allowed exclusively within payroll approved in general and special funds of the budget or their income derived from business activities;
- termination of the purchase of passenger cars, mobile phones;
- use for service of only one car, unless otherwise provided by law or act of government, and for the transport service of officials it is allowed to involve passenger cars in the amount not exceeding the limits established by the CMU. As a result of this exempted passenger cars are to be sold;
- termination of the costs for exhibitions, fairs, congresses, symposia, congresses at the expense of the general fund budget. It is recommended to finance them at the expense of contributions of the participants, sponsors, finances of special fund of estimates of budget institutions that take part in them, and other sources not prohibited by the law;
- termination, without government permission, of formation of new budget organizations other than bodies, institutions and establishments of the National Police.
The Cabinet of Ministers of Ukraine by its Resolution “Issues of housing provision to families of fallen soldiers, who took part in anti-terrorist operations, and disabled people of group I−II among the soldiers, who took part in the indicated operation, and are in need of better housing conditions” of 19.10.16, № 719 defined the mechanism of target cash compensation for the housing purchase for families of fallen ATO participants, and disabled people of group I−II among ATO participants.
This mechanism provides for the possibility to independently choose the acceptable housing and purchase it at the expense of state-provided monetary compensation. In addition, the mentioned people at their request can receive monetary compensation for their rightful housing. This decision was made because of cases of dissatisfaction with housing, acquired by the bodies of state government.
The State Fiscal Service of Ukraine in its letter “On submission of the non-profit Report” of 17.10.16, № 33649/7/99-99-15-02-01-17 explained that awaited for a person making no profit, who would violate non-profit conditions of Art.133.4 of the Tax Code of Ukraine (hereinafter − TCU). The person should submit a report on the use of income (profit) of a non-profit organization, approved by the Ministry of Finance of Ukraine of 17.06.16, № 553, within the time limit prescribed for the monthly reporting period (for the period from the beginning till the last day of the month in which the violation was committed). Also it is necessary to calculate in it the income tax at the rate of 18%, based on the amount of funds used inappropriately. This person making no profit should be excluded from the Register of non-profit institutions and organizations.
Then before the end of current year, the non-profitable person is obliged to quarterly submit the quarterly financial reporting and tax-profitable declaration to the tax agency. Starting next year, he/she should report in a general way as a normal payer of the income tax.
The State Fiscal Service of Ukraine by its letter “On determination of transactions as operating leases” of 03.10.16, № 21417/6/99-99-15-02-02-15 explained: if the lease (rental) agreement in its terms referred to financial leasing, but economic entities at the conclusion of the lease (rental) agreement identified it as operating lease, then the leasing (rent) should be considered as operational. However, the parties have no right to change the status of the transaction before the end of the contract.
It should be recalled: according to sub-para. 14.1.97 of the Tax Code of Ukraine, leasing (rental) is considered to be financial, if the leasing (rental) agreement includes one of the following conditions:
- subject to leasing should be transferred for a period during which it is depreciated not less than 75% of its initial cost, and the tenant is obliged under the lease agreement and for its duration to buy the subject to leasing with subsequent transfer of ownership from the lessor to the lessee at price determined in this leasing contract;
- balance (depreciable) sheet value of the subject to leasing at the time of expiry of the lease agreement is not more than 25% of initial cost of price of the leased subject effective at the beginning of the term of the lease agreement;
- amount of lease (rent) payments from the beginning the lease term is equal to the initial value of the leased subject or exceeds it;
- property that is transferred to the finance lease, made at the request of lessee (tenant) and after expiry of the lease agreement cannot be used by persons other than the lessee (tenant), because of its technological characteristics and qualitative.
The Auditors' Chamber of Ukraine by its decision “On Amendments to Regulation on the continuous improvement of professional skills of auditors of Ukraine” of 29.09.16, № 330/10 stated in a new version of the Regulation on the continuous improvement of professional skills of auditors of Ukraine. The updated document provides for that teaching in centres for preparing auditors to control testing of not less than 40 hours within a calendar year (previously − at least 20 hours a year) can be accounted against passing the control tests of the auditor.
Also, it is recorded that software module or some of its elements have the right to develop authoring team, education institutions, and individual writers. Contracts for development of software module or its individual elements should be concluded on the results of the competition in a manner approved by the Auditors' Chamber of Ukraine.
The Ministry of Defence of Ukraine in its letter “On the provision to employer of certificates of exemption of a soldier from military service” of 24.06.16, № 116/9/5/78-16 indicated that the employer can obtain the information on the exemption from military service by sending a request to the military office. The legislation does not provide conditions in order to inform on this matter.
In addition, employers are not informed about the death, captivity, missing military personnel of the Armed Forces of Ukraine. It is reported only to family members and relatives of the soldier through district (united, municipal) military commissariat according to the Guidelines for the organization of the account of the Armed Forces of Ukraine approved by the Ministry of Defence of Ukraine of 26.05.14, № 333.
The Social Insurance Fund for Temporary Disability in its letter “On amendments to a form of the medical disability certificate” of 19.05.16, № 5.1-31-768 noted: economic entities in connection with the identification of filling the medical disability certificate with violations of the Guidelines for the procedure of issuing the documents certifying temporary disability of citizens, approved by the Order of the Ministry of Health of Ukraine of 13.11.01, № 455, and Guidelines on the procedure of filling the medical disability certificate approved by the Ministry of Health of Ukraine, the Ministry of Labour and Social Policy of Ukraine, the Social Insurance Fund on Temporary Disability, the Social Insurance Fund from industrial accidents and occupational diseases of Ukraine of 03.11.04, № 532/274/136-ос/1406 and № 532 (for example, it was not indicated the company address; error in the name of the company, etc.) should return such a medical disability certificate to the employee, in order to provide it be him/her to the appropriate medical institution for making additions and corrections. Only then the commission (authorized) should make a decision on the appointment of aid in case of temporary disability under such a medical disability certificate.
It should be noted that if there is more than two corrections in the form of the medical disability certificate, it should be issued its duplicate.
The Deposit Insurance Fund (hereinafter – DIF) by its decision “On Amendments to the Regulation on the procedure of public information about the system of the Deposit Guarantee and the Procedure for protection of rights and legally protected interests of investors by the Deposit Guarantee Fund” of 12.09.16, № 1809, amended the Procedure for protection of rights and legally protected interests of investors by the DIF. It was recorded that the accrual of interest on deposits ceased on the day of the procedure of withdrawal by the bank’s fund from the market (previously it was about the end the accrual of interest on the day preceding the start of this procedure). And in case of making decision by the national Bank on the recall of banking license and liquidation of the bank due to reasons defined in sec.2 of Art.77 of the Law of Ukraine “On banks and banking activity”, the accrual of interests should be ceased on the day of adoption of the decision.
The National Bank of Ukraine (hereinafter – the NBU) by its Resolution “On approval of the Approval of Regulations on application by the National Bank of Ukraine of penalties for violation by the banks of requirements of the Law of Ukraine “On the financial restructuring” of 13.10.16, № 392 determined the procedure for the application of sanctions to banks for violation of the Law of Ukraine “On the financial restructuring” of 14.06.16, № 1414-VІІІ (hereinafter − the Law on Restructuring).
The NBU impose these sanctions on the basis of proposals received from the debtor and the supervisory board, secretariat or the arbitration committee.
The decision to apply sanctions to the bank will be made within 30 days upon receipt from the initiator of full package of documents confirming admitted by the bank violation of the Law on restructuring.
The initiator puts a proposal for the application of sanctions to the bank in hard copy signed by an authorized person. It should add a description of the violations done by the bank and copies of confirmed documents (if any), certified by the initiator.
Fined bank should pay the fine within the period specified in the decision to impose sanctions. And the bank should within five working days from the date of payment of fine notify the NBU in written form and provide a certified copy of the document certifying such payment. And if it won’t be done – the NBU will bring to the Court legal action for recovery from the bank of the amount of fines.
The NBU Board Resolution “On Approval of Regulations on application by the National Bank of sanctions for violation of requirements of the Law of Ukraine by Banks “On the financial restructuring” of 13.10.16, № 392 came into force on 19.10.16.
