Legislative Review

25-29 March 2013. Approved the Rules of Professional Ethics of notaries of Ukraine

The Verkhovna Rada of Ukraine registered the draft law № 2632 of 25.03.2013, which offered to increase the compensation amount to be paid for the air carrier by denied boarding against their will. For denied boarding against their will the air carrier will have to pay them compensation in such amounts: EUR 500 - for flight range of up to 1,500 km, 800 euros - for flight range of 1,500 to 3,500 km; 1,200 euros - for a flights range of over 3500 km.

The Cabinet of Ministers of Ukraine registered in the Verkhovna Rada the draft law № 2603 of 21.03.2013, which offered amendments to the Customs Code, in particular, to exclude provisions which provides, that specified in Part 1 of Art. 314 of the Code the banking institution, other legal entity, which is going to receive from the central executive authority, ensures the implementation of the state policy in the sphere of state customs, the guarantor powers to secure the obligations to the customs authorities of Ukraine on customs payments shall be authorized representatives of all the checkpoints through the state border of Ukraine.

By the Resolution of the Cabinet of Ministers of Ukraine № 188 of 13.03.2013 approved the new samples of excise duty stamps for alcoholic beverages and tobacco products of domestic and foreign production. Determined, that the new type of excise duty stamps for goods established from May 1, 2013. In addition, amendments to the Regulations on the manufacture, storage, sale of excise duty stamps and marking of alcoholic beverages and tobacco products, which, in particular, provides for increases in the fees for one mark excise tax.

The Ministry of Health of Ukraine by the Order  № 162 of 25.02.2013 presented in the new reading the List of medicinal products that are prohibited for advertising sold without a prescription. The order was registered in the Ministry of Justice on  March 13, 2013 under number 401/22933. It shall enter into force from the day of its official publication.

The Ministry of Justice of Ukraine by the Order № 401/5 of 11.03.2013 introduced the amendments to the procedure for issuing a certificate of eligibility to notarial activities employment, in particular, to clarify the requirements for some of the documents necessary for obtaining a certificate of eligibility to notarial activities employment. Thus, it is provided that a person who intends to obtain a certificate, together with the appropriate application must be submitted to the Ministry of Justice not copies of diploma of higher legal education and labor book, and their photocopies.

The Ministry Justice of Ukraine by the Order № 447/5 of 15.03.2013 approved the Rules of organization of office management and archives by the arbitration manager (executor of the estate, readjustment manager, liquidator), which sets out the requirements to documenting of the arbitration manager activities (executor of the estate, readjustment manager, liquidator), organization of the archive and working with documents in the room where the arbitration manager office is.

The Ministry Justice of Ukraine by the Order № 431/5 of 14.03.2013 adopted the Rules of Professional Ethics of notaries of Ukraine, which define the general standards of professional ethics of the notary, his moral and ethical principles in the implementation of notarial activities and professional and ethical rules behavior in relationships with colleagues, the Notaries Chamber of Ukraine, government agencies, institutions, organizations, individuals and legal entities. These rules are obligatory for notaries. Their violation entails responsibility in accordance and in cases stipulated by the Law of Ukraine 'On Notary'.

The Ministry of Agrarian Policy and Food of Ukraine by the Order  № 132 of 25.02.2013 approved the Procedure of planning and implementation of control measures for verification of compliance with the requirements of the economic entities of land legislation, which defines the procedure for planning and carrying out planned and unplanned activities of state supervision (control) for verification of compliance with the requirements of the economic entities of land legislation, land use and protection of all types and forms of ownership, which are used by them in the process of business, determine the organizational measures to be taken before the inspection, the general requirements for their implementation, as well as requirements for registration of the materials based on the results of inspections.

The National Securities and Stock Market Commission (hereinafter - NSSMC) by the solution № 161 of 12.02.2013 approved the inspection procedures of compliance with the requirements securities legislation about professional activity in the stock market and the activities of self-regulatory organizations of professional stock market participants. This Procedure establishes an unified mechanism for implementing by the NSSMC inspections of compliance with the requirements securities legislation about professional activity in the stock market and the activities of self-regulatory organizations of professional stock market participants through planned and unplanned inspections.

The National Bank of Ukraine by the decision  № 45  of 18.02.2013 approved the amendments to the Regulations on exercising cash transactions by banks in Ukraine, which, inter alia, provides that the bank (affiliate, office) is required on the client handling to settle in accordance with Ukrainian law the controversial issues arising from and/or relating to cash transactions, including perfect through payment devices.

The Pension Fund of Ukraine by letter № 28081/Д-4 of 10.01.2013 provided a clarification of regarding to the fee on obligatory state pension insurance when acquiring of cars ownership.

The State Tax Service of Ukraine by letter № 3305/6/15-2216ф of 01.03.2013 noted that tax return on the fixed agricultural tax, the calculation of the proportion of agricultural commodity production, data (information) about the availability of land can be provided by the payer to the terms established by par . 306.1 of Art. 306 of the Tax Code of Ukraine.

The State Tax Service of Ukraine (hereinafter - STS) by letter № 3724/7/18-3217 of 14.02.2013, reported that in order to improve services to taxpayers in accordance with the provisions of the Tax Code of Ukraine on individual authorities handling to STS make in Ukrainian passport information about the registration number of the taxpayer registration card from the State register of individuals-taxpayers in the form and the order determined by the Regulation on the registration of individuals in the State register of individuals-taxpayers, approved by the order № 1147 of the Ministry of Finance of 06.11.2012.

The State Tax Service of Ukraine in the letter № 2339/6/22-2315 of 13.02.2013 recalled that a mandatory precondition for the carrying out of field documentary unplanned inspection is order copy serving to the taxpayer before such an inspection against receipt of the assessment. In addition, STS noted that the Tax Code does not contain norms that limit the number of orders for the documentary unplanned field inspection of the taxpayer on the basis of subpar. 78.1.1 of par. 78.1 of Art. 78 of the Code under the previous direction of the STS authority request to provide an explanation and documentary confirmation and the impossibility of such inspection, including in connection with impossibility of serving to taxpayers a copy of the order about its carrying out.

Contact to the specialists of the GC 'De Visu' for advice on various aspects of financial activities by phone in Kyiv: (044) 279-40-00, (044) 279-00-00.

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