The Cabinet of Ministers of Ukraine has presented the State economic stimulus program to overcome the negative consequences caused by COVID-19. The aim of the program is to implement a comprehensive system of measures to stabilize and sustainably develop Ukraine's economy, increase employment by maintaining existing and stimulating job creation.
The program contains three sections. Thus, the first section contains short-term initiatives in response to COVID-19: ensuring the safe functioning of the economy; supporting branches of economy and protecting their goods, works and/or services from their import alternatives supplied to the territory of Ukraine, taking into account international agreements and obligations of Ukraine.
To support the economy, measures have been developed for six sectors: industry, agriculture, energy, transport and infrastructure, information and communication technologies, services (trade, hotels and restaurants, education, creative industries, personal services).
Supporting sectors of the economy should be accompanied by the implementation of general functional measures that will strengthen sectoral initiatives. Functional areas include support for small and medium-sized businesses, stimulating international trade, attracting investment, developing innovation and the labor market, and prudently regulating economic activity
The State Tax Service of Ukraine has clarified which financial transactions are subject to financial monitoring and in what amount.
In accordance with paragraphs 67, item 1 of Art. 1 of Law of Ukraine “On Prevention and Counteraction to Legalization (Laundering) of Proceeds from Crime, Financing of Terrorism and Proliferation of Weapons of Mass Destruction” No. 361-IX of December 6, 2019 (hereinafter – Law No. 361) the financial transactions subject to financial monitoring are threshold financial transactions, suspicious financial transactions (activities).
Financial transactions are threshold if the amount for which each of them is carried out is equal to or exceeds UAH 400 thousand (for business entities that provide services in the field of lotteries and/or gambling – UAH 30 thousand) or is equal to or exceeds the amount in foreign currency, bank metals, other assets, equivalent at the official exchange rate of hryvnia to foreign currencies and bank metals UAH 400 thousand at the time of the financial transaction (for businesses that provide services in the field of lotteries and/or gambling – UAH 30 thousand), in the presence of one or more of the following features:
- crediting or transferring funds, granting or receiving a loan, carrying out other financial transactions if at least one of the parties – participants in the financial transaction has the appropriate registration, place of residence or location in the state (jurisdiction) that does not perform or improper implements the recommendations of international, intergovernmental organizations involved in the fight against legalization (laundering) of proceeds from crime, financing of terrorist or proliferation of weapons of mass destruction (including diplomatic missions, embassies, consulates of such a foreign state), or one of the parties - participants in the financial transaction is a person who has an account in a bank registered in the specified state (jurisdiction);
- financial transactions of politically significant persons, their family members and/or persons related to politically significant persons;
- financial transactions for the transfer of funds abroad (including to the states referred by the Cabinet of Ministers of Ukraine to offshore zones);
- financial transactions with cash (deposit, transfer, receipt of funds) (paragraph 1 of Article 20, Chapter III of Law No. 361).
Financial transactions or attempts to conduct them, regardless of the amount for which they are conducted, are considered suspicious if the subject of primary financial monitoring has a suspicion or sufficient grounds to suspect that they are the result of criminal activity or related to financing of terrorism or proliferation of weapons of mass destruction (item 1 of Article 21, Chapter III of Law No. 361).
The State Tax Service of Ukraine in categories 107, 108 “ZIR” has explained the application of the maximum amount of income that gives the right to be a single tax payer, in connection with its increase from April 2, 2020.
It should be reminded that Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine Aimed at Providing Additional Social and Economic Guarantees in Connection with the Spread of Coronavirus Disease (COVID-19)” No. 540-IX of March 30, 2020, which entered into force on April 2, 2020, made amendments, in particular, to item 291.4 of the Tax Code of Ukraine (hereinafter – Tax Code) to increase the maximum income, which entitles businesses to apply a simplified system of taxation, accounting and reporting of annual income:
- Group I – from UAH 300,000 to UAH 1 million;
- Group II – from UAH 1.5 million to UAH 5 million;
In their explanation, the tax authorities noted that legal entities - payers of the single tax of the third group, which:
- in the first quarter of 2020 exceeded the maximum amount of income that entitles them to be in the third group – UAH 5 million, must in accordance with item 293.8 of the Tax Code apply the single tax rate double the rates specified in item 293.3 of the Tax Code to the amount of excess, and pay other taxes and fees established by the Tax Code (as it stated prior to the amendments on April 2, 2020);
- in the first quarter of 2020 did not exceed the maximum income – UAH 5 million, have the right to be in the selected group. At the same time, such payers of the single tax from April 2, 2020 adhere to the new annual maximum amount of income – UAH 7 million, which is That is, the tax authorities no longer propose to divide the marginal amount of income into periods before April 2, 2020 and after and to derive a new amount of marginal income, as previously recommended.
The same recommendations are given by the tax authorities to sole proprietors who:
- in the first quarter of 2020 exceeded the income margins (UAH 300 thousand - the first group, UAH 1.5 million - the second group, UAH 5 million – the third group), must apply a single tax rate of 15% to the amount of the excess and start paying other taxes or choose another group of single tax payers;
- in the first quarter of 2020 did not exceed the maximum income (UAH 300 thousand - the first group, UAH 1.5 million - the second group, UAH 5 million – the third group), have the right to be in selected groups of the single tax payer or at their own request change group. At the same time, such single tax payers from April 2, 2020 adhere to the new annual maximum income (UAH 1 million – the first group, UAH 5 million – the second group, UAH 7 million – the third group), which are determined for the period from January 1, 2020 to December 31, 2020 (inclusive).
The State Labor Service of Ukraine has explained the peculiarities of the dismissal of pregnant women.
Item 2 of Part 1 of Article 23 of the Labor Code of Ukraine (hereinafter – Labor Code) stipulates that an employment contract may be concluded for a specified period, established by agreement of the parties.
In accordance with item 2 of Part 1 of Art. 36 of the Labor Code, the expiration of the term for which the employment contract was concluded, is the basis for termination of such employment contract. Note that this does not apply to cases where the employment relationship actually continues, and neither party has demanded their termination.
Therefore, the termination of the employment obligation is a legal ground for termination of employment.
At the same time, according to Part 3 of Art. 184 of the Labor Code the dismissal of pregnant women and women with children under three years (up to six years - Part 6 of Article 179 of the Labor Code), single mothers with a child under 14 years or a disabled child at the initiative of the owner or authorized body is not allowed, except in cases of complete liquidation of the enterprise, institution, organization, when dismissal with subsequent mandatory job placement is allowed. Mandatory employment of these employees is also carried out in cases of their dismissal after the expiration of the fixed-term employment contract. For the period of job placement, they retain the average salary, but not more than for three months from the date of termination of the fixed-term employment contract.
Thus, the dismissal of an employee in accordance with Art. 36 Labor Code does not contradict the requirements of Part 3 of Art. 184 of the Labor Code, which allows the dismissal of pregnant women after the expiration of a fixed-term employment contract. The main condition for the possibility of such dismissal is the requirement for mandatory job placement with the preservation of the average salary for three months from the date of termination of the fixed-term employment
It cannot be recognized that the owner or authorized body has fulfilled such an obligation to employ, if the dismissed employee was not provided at the same or another enterprise (institution, organization) with other job or offered job, which she refused to accept for respectable reasons (for example, health).
Failure by the enterprise that dismissed the pregnant woman to fulfill the obligation to employ is the basis for imposing the obligation to provide the employee with job in this or another enterprise, to pay her the average salary for the period of job placement, but not more than for three months after termination of a fixed-term employment contract.
