Legislative Review

July 28 – August 1, 2014. The procedure for posting information on state procurement on the web portal of the Authorized Body on state procurement issues is approved

The Verkhovna Rada of Ukraine passed the Law of Ukraine “On amendments to certain Laws of Ukraine to enhance the children safeguarding” of 17.06.14, № 4100а and made amendments in the legislative acts, which determine the principles of mobilization in Ukraine and Homeland defense. In particular, in the Laws of Ukraine “On mobilization preparation and mobilization”, “On Military Duty and military service” and “On social and legal protection of military personnel and their dependents”. 

The adjustments were made in the conditions list, according to which the military reservists are not liable for military service during the mobilization. So, the postponement of military service is available for:

- men, who have three or more dependent on them children under 18 years of age;

- women, who have children dependent on them under 18 years of age;

- women and men, who bring up a child (children)  under 18 years of age all by themselves (such persons could be called up for military service in case of their consent and only at place of their residence);

- women and men, who have adult child (children) dependent on them, if she (he) is disabled of group I or II, and is under 23 years of age.

The mentioned above conditions extend to the persons who are adoptive parents or custodial parents, and have dependent on them children under 18 years of age. Such persons could be called up for military service in case of their consent and only at place of their residence.

The Ministry of Agricultural Policy is entitled to set maximal wholesale prices for ethanol by the Resolution of the Cabinet of Ministers of Ukraine of 17.07.14, № 262 “On Amendments to Annex to the Resolution of the Cabinet of the Ministers of Ukraine of December 25,1996, № 1548”. The mentioned above Ministry should implement this upon consent of the Ministry of Economic Development and the Ministry of Finance.

Let us recall that the Government has changed the list of required documents for ethanol purchase. Also, In order to improve the control of transfer of ethanol and alcoholic beverages within the territory of Ukraine, the Cabinet has approved the introduction Procedure of Unified register of consignment notes for the transfer of ethanol and alcoholic beverages.

The Cabinet of Ministers of Ukraine eased the procedure for fixing of separate tariffs for Housing and public utilities by the Resolution “On amendments to certain regulations of the Cabinet of Ministers of Ukraine” of 17.07.14, № 269.

Thus, the companies, which provide services for centralized water supply and sewerage, maintenance of buildings and their adjacent areas, supply hot water and centralized heating, are not obliged to submit opinions on the calculation of economically planned justified expenditures for tariff determination of services. In addition, the State Financial Inspection of Ukraine won’t monitor the tariffs for these services.

State Fiscal Service of Ukraine by its letter “On charging of the Single Contribution for amounts of accrued average wages of mobilized workers and reflection of the amounts in reports” of 22.07.14, № 1271/7/9-99-17-03-01-17 supported the position of Pension Fund of Ukraine on the reflection of payments to the mobilized employees in the Single Contribution.

Whereas the employees do not terminate employment relations with companies during the mobilization period, in the Single Contribution report should be filled the following details:

- the mobilization date is not stated in the table 5 add.4*;

- the information about the person is stated in the table 6 add.4 with obligatory reference to details: 11 “Month and year when the charges made”;  15 “The number of calendar days of employment relations during the reporting months”; 17 “The total amount of accrued salary/ income (total from the beginning of the reporting month)”.

The details 18 and 19 are not to be filled.

The Ministry of Economic Development and Trade of Ukraine approved the Procedure for posting information on state procurements on web-portal of the Authorized Body on State Procurements by its Order “On Approval of the Procedure for information publication on the web-portal of the Authorized Body on State Procurements” of 25.06.14, № 743.

This information should be submitted by the client electronically via his automatized working place. He should be free registered on the web-portal to do this procedure.

The information should be released via the web site within three business days from the next day of its submission.

It is to be recalled that the client is required to publish the information on state procurements by the updated Law of Ukraine “On State Procurement”.

The Ministry of Economic Development and Trade of Ukraine in its letter “On petition consideration” of 11.06.2014, № 3503-06/19380-07 reported that sales of alcoholic beverages and cigarettes by the individuals from the hands entail a penalizing from 510 to 850 UAH with confiscation of article of merchandise.

The jewelry sale by the individuals in small-scale retailing, in markets (except specialized shops and departments, which are set there) and from the hands is prohibited.

Medicines, medical plants, jewelry and precious metals and stones wares, precious stones of organogenic origin and semiprecious stones should be sold in the markets only if there is a license.

The sales of alcoholic beverages and tobacco products in the markets by individuals, who are not business entities, are prohibited.

The Ministry of Education and Science of Ukraine in its letter “On special aspects of accepting documents confirming education and academic level” of 22.07.14, № 1/9-368 explained: the applications for the university admission from the graduates of I-IV level of accreditation of Donetsk and Lugansk areas, who didn’t receive the document confirming education and academic level in 2014, should be accepted even without the originals or copies of these documents. But before that the fact of receiving academic level by prospective university student should be checked in UNEDE as well as a National Certificate order to confirm these facts. In addition, the persons, who are enrolled in an educational institution, should submit the original of National Certificate and its Annex of received academic level up to November 1, 2014.

The National Bank of Ukraine by its  Resolution “On Amendments to the Regulations on the procedure of opening, using and closing of accounts in national and foreign currencies” of 29.07.2014 №450 added a clause to the specified regulation, according to this clause the bank cannot close the client’s current account, if the processing operations on foreign economic agreement are being made on the account, and the obligations under this agreement are failed comprehensively. The bank, which monitors the accuracy of payments of clients’ foreign economic operations, closes the account only after the discontinuation supervision over the foreign economic operations.

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