The Cabinet of Ministers of Ukraine adopted the resolution "On Amendments to item 27 of the Procedure for Providing a Complex Electronic Public Service "yeMalyatko", which is aimed at improving the procedure for providing a complex electronic public service "yeMalyatko".
The main change consists in simplifying the procedure for obtaining documents on the birth of a child, in particular, it is possible to deliver birth certificates or other documents ordered during birth registration to the applicant's place of residence at their request.
Based on the results of the provision of services within the "yeMalyatko" service, an official of the state registration of civil status acts department will issue a birth certificate and, if necessary, an extract from the State Register of Civil Status Acts of Citizens on birth with information about the father in accordance with the first part of Article 135 of the Family Code of Ukraine in the department of state registration of acts of civil status or will send to the health care institution / center for the provision of administrative services or to the place of residence (stay) of the applicant in the case of an order paid service for delivery of such documents, which will be provided in accordance with the Procedure for providing paid services by departments of state registration of acts of civil status, approved by the Ministry of Justice.
The Cabinet of Ministers of Ukraine approved a new procedure for returning unfit or unsafe food products.
The new procedure will enter into force simultaneously with the new version of the Law of Ukraine "On the Protection of Consumer Rights". As determined by the Final and Transitional Provisions of the Law, entry into force will take place after the termination or abolition of martial law.
The procedure provides for the possibility of replacing unsuitable/unsafe food products with suitable ones, as well as paying the buyer money for the return of such products. It also sets clear deadlines for returning or replacing unfit/unsafe food products, buyer and seller procedures, etc.
In particular, the document defines the following terms for replacing or returning products from the moment of purchase:
- during the day - food products stored at a temperature of +6 °C;
- no later than three calendar days - products with a maximum use-by date ("use by" date) or a minimum expiration date of which does not exceed 14 days (but in any case before the expiration date);
- not later than 14 days from the moment of purchase - products whose shelf life exceeds 14 days.
For cases of remote purchase of products (online trade), it is stipulated that the terms of return and exchange begin to apply from the time the buyer actually receives the products .
The Verkhovna Rada of Ukraine approved improvements regarding the control over the organization and conduct of gambling games and lotteries. The Tax Committee of the Verkhovna Rada recommended adopting draft law No. 9256-d on amendments to some legislative acts of Ukraine with the aim of combating gaming addiction (ludomania) and improving state regulation of activities related to the organization and conduct of gambling and lotteries in the second reading and as a whole.
The draft law was substantially revised by the Committee before the second reading, in particular, the proposals and amendments taken into account by the Committee include:
- liquidation of the Commission of Regulation of Gambling and Lotteries and the distribution of its powers between the relevant ministry and the newly created body without collegial status;
- prohibition of advertising of gambling, except for a limited list of permitted methods, and prohibition of sponsorship, except for sports sponsorship;
- modernization of the instruments of state supervision of the gambling market - controlled gambling is introduced as a control tool to replace actual checks;
- regarding the introduction of effective measures to combat gambling addiction, blocking of illegal websites, strengthening of requirements for organizers and addition of grounds for canceling a license;
- establishment of a requirement for gambling organizers to make all non-cash payments exclusively through banks, improvement of requirements of State Online Monitoring System, etc.;
- improvement of the legislation on state lotteries, in particular, the establishment of requirements similar to those for organizers of gambling games regarding the structure of ownership, criteria for impeccable business reputation, grounds for license cancellation, brand requirements, as well as requirements for calculations when conducting state lotteries;
- amendments to the Law of Ukraine "On Protection of Interests of Subjects of Reporting and Other Documents during Martial Law or State of War" regarding the resumption of reporting by organizers of gambling games and operators of state lotteries, etc.
The National Bank of Ukraine updated its organizational structure in order to expand and deepen supervision of non-bank financial service providers.
Thus, in order to increase the institutional capacity of the regulator, the Department of Supervision of the Non-Banking Financial Services Market was reorganized and the Department of Supervision of Non-Bank Financial Services Providers was created on its basis.
The newly created department will have expanded powers and limits of responsibility. It will not only continue to carry out all the functions of the Department of Non-Banking Financial Services Market Supervision, but will also carry out a number of new functions.
In particular, the following will be subject to on-site supervision:
- providers of financial and accompanying services (except collection companies, credit bureaus, legal entities licensed to carry out cash transactions, providers of services that are auxiliary to payment services) and their separate divisions;
- non-banking financial groups (except for non-banking financial groups whose responsible persons are identified as non-banking payment service providers), members of such non-banking financial groups, as well as persons who provide outsourcing services in accordance with the Law of Ukraine "On Financial Services and Financial Companies" established by special laws providers of non-bank financial services.
The National Bank also continues to strengthen the legal, regulatory and supervisory framework for non-bank financial institutions and financial markets. The implementation of the new structure is designed to strengthen the differentiation of the second line of internal controls within the department, to form competence centers that will independently identify specific risks of specific markets, to strengthen the work of supervisory teams, and to facilitate the transition to a risk-oriented approach thanks to the deepening of expertise. The continuation of the transition to risk- based supervision will also ensure an increase in the effectiveness of the NBU, and will improve the professional capacity of supervision, which will include the development of the necessary professional profiles and a multi-year training program for new employees.
The Cabinet of Ministers of Ukraine clarified the procedure for booking conscripts for the period of martial law.
From December 1, the reservation of conscripts will again take place through the Diia portal. At the same time, all critical enterprises must confirm their status by February 28, 2025 in accordance with the new criteria. Appropriate changes to Resolution No. 76 the Government introduced by Resolution, No. 1332 of November 22, 2024.
On November 15, the Government completed the audit of decisions on identifying enterprises, institutions and organizations as critically important. According to the results of the audit, 95% of all critical enterprises have retained this status.
Based on the audit data, the Government has decided to update the reservation criteria, so that the mechanism works both in favor of our defense capability and in favor of the economy.
The algorithm for recognizing enterprises as critically important does not change. As before, the enterprise applies to the relevant Ministry or Regional Military Administration to obtain such a status.
The Government has retained the eight current criteria for defining a business as critical. At the same time, the sectoral and regional criticality criteria are now agreed by the Ministry of Defense and the Ministry of Economy.
The Verkhovna Rada of Ukraine adopted as a basis draft law No. 12030 on the mental health care system in Ukraine.
Thus, the Code of Labor Laws will stipulate that the employer creates a mental health service.
In addition, each employer must develop and approve a policy or plan to protect and promote mental health in the workplace.
Accordingly, the law on labor protection establishes that the employee has the right to psychosocial support at the workplace, for which the employer takes measures defined by the law, develops and implements a policy or plan to protect and strengthen mental health at the workplace.
It is also determined that an employer with 50 or more employees creates a mental health service.
At an enterprise with less than 50 employees, the functions of the mental health service can be performed by persons who have the appropriate training on a part-time basis.
In an enterprise with fewer than 20 employees, third-party specialists with appropriate training may be engaged on a contractual basis to perform the functions of the mental health service. The functions and powers of mental health care, its standard provisions on it are approved by the Cabinet of Ministers.
In addition, the Basics of Health Care Legislation excludes the rule that, in order to prevent harm to the health of the population, the use of hypnosis, suggestion, and other methods of psychological and psychotherapeutic influence is allowed only in the places and in the order established by the Ministry of Health.
To control the fulfillment of the requirements, it is proposed to create a National Commission on Mental Health, which, according to the plan, should function in the system of executive authorities, and be financed from the budget and other non-prohibited sources.
The Verkhovna Rada of Ukraine adopted in the first reading as a basis the project of the Law of Ukraine on amendments to some legislative acts of Ukraine regarding the formation of comprehensive and fair social support (payments and services) for persons with limited working capacity, in particular persons with disabilities (reg. No. 12209) .
The purpose of the draft law is to modernize the social insurance system and ensure effective support for persons who have partially or completely lost their ability to work.
In connection with this draft law, it is proposed to make changes to the Fundamentals of the legislation of Ukraine on mandatory state social insurance, the Laws of Ukraine "On Mandatory State Social Insurance", "On Mandatory State Pension Insurance" and a number of laws of Ukraine, in which is defined, in particular, as follows:
1) introduction of the status of "ability to work" of a person;
2) assessment of working capacity will involve assessing the impact of the person's existing functional limitations on their ability to work and will be part of the rehabilitation recovery process, which will be carried out at the final stage after the person has received the entire rehabilitation complex;
3) restoration of the insured person's health will be carried out according to the principle of an individual approach and the provision of rehabilitation and social support necessary for this particular person;
4) status of "permanent full limitation of working capacity" will provide a person with a monthly insurance payment, and the status of "permanent partial limitation of working capacity" - the provision of assistance in returning to the previous job, finding a new job, training or retraining, and a monthly payment on the condition of promoting one's employment;
5) work capacity assessment body organizes the performance of the work capacity assessment by purchasing the services of experts in the field of functioning assessment;
6) performance of the assessment of working capacity shall be carried out by providing the involved expert with depersonalized data of the person for whom the assessment of working capacity is carried out. Based on the expert's opinion, the capacity assessment body will make a decision on the presence or absence of permanent limitation of capacity and its degree.
Adoption of the draft law will contribute to increasing the effectiveness of the mandatory state social insurance system by introducing a direct correlation between the needs of a person and the realization of insurance payments and their amount.
The Verkhovna Rada of Ukraine supported draft law No. 9462 aimed at increasing the efficiency of execution of court decisions and the responsibility of debtors in the second reading . Innovations should ensure effective control over the execution of court decisions in economic, civil and administrative cases.
The law clarifies the procedure for filing complaints against the actions of state and private executors: the deadline for filing is increased, and clear requirements for filing such complaints are also established. Also, the provisions of the draft law provide for the following:
Submission of a report on the execution of a court decision:
- In non-property economic and civil disputes, the court, at the request of the debt collector, may oblige the debtor to provide a report on the execution of the court decision.
- If the debtor is state bodies, local self-government bodies, or state or communal enterprises, the court will be able to demand a performance report regardless of the nature of the dispute.
Penalties for non-compliance:
- In case of non-compliance with the court decision, the debtor (or their manager) may be fined in the amount of 20 to 40 subsistence minimums.
- If the debtor is a collegial body, a fine may be imposed on each member of the body who did not ensure the execution of the court decision within the limits of their powers.
Possibility of changing the method of execution of the decision:
- If the debtor does not comply with the court decision, the debt collector will have the right to apply to the court to change the method of execution. This may include recovery from the debtor of the value of the property in respect of which the court has made a decision.
Improvement of the procedure for challenging the actions of executors:
- The law clarifies the procedure for filing complaints against the actions of state and private executors: the deadline for filing is extended, and clear requirements for filing such complaints are also established.
Draft law No. 9462 will strengthen the responsibility of debtors and create effective mechanisms to protect the rights of debt collectors. It will also make it possible to more effectively bring state and municipal bodies to account for ignoring court decisions, which is especially relevant in the conditions of modern challenges.
The Cabinet of Ministers of Ukraine supported the draft law aimed at updating and improving certain provisions of the Budget Code of Ukraine.
The draft law is aimed at ensuring the fulfillment of Ukraine's obligations under Article 347 of the Association Agreement with the EU, the recommendations of the European Commission, as well as the terms of cooperation with the IMF within the framework of the Extended Fund Facility (EFF). This will enable Ukraine to continue its integration into the European space and receive further financial support.
The draft law proposes to make a number of changes to the Budget Code, aimed at improving the management of public investments, taking into account the gender approach in the budget process, and clarifying the norms regarding issues of state internal financial control.
In particular, new definitions of "public investment", "public investment project" and "public investment program", "unified project portfolio of public investment" are being introduced. This will help to more clearly define sources of financing and procedures for the implementation of public investment projects, including attracting credits and loans from foreign partners.
It is planned to update the planning and implementation procedures of public investment projects and public investment programs, which will contribute to more efficient use of public funds.
An important aspect is taking into account the gender approach in the budget process, which will ensure equal opportunities for all citizens and promote social justice.
In addition, the draft law provides for a number of changes due to the need to update the provisions of the Budget Code of Ukraine with the adopted State Budget for 2025 and amendments to branch legislation.
Its adoption will improve the stability of state finances and the transparency of the budget process. The government continues consistent work on reforming financial management, focusing on domestic needs and fulfilling international obligations.
