You are reading Legal Corner for March. If you are interested in Legal Corner for February, follow this link.
On 1 March 2023, the Constitutional Court of Ukraine issued its Decision № 2-р(II)/2023 in the Case on the constitutional complaint of Pleskach Vyacheslav Yuriyovych regarding the compliance with the Constitution of Ukraine (constitutionality) of the provisions of part one of Article 294, part six of Article 383 of the Code of Administrative Procedure of Ukraine (regarding equality of parties during judicial control over the execution of a court decision).
This Decision recognized the provisions of part one of Article 294 and part six of Article 383 of the Code of Administrative Procedure of Ukraine as inconsistent with the Constitution of Ukraine (unconstitutional) because they made it impossible to appeal against a court decision to dismiss an application filed in accordance with Article 383 of the Code of Administrative Procedure of Ukraine.
The above-mentioned legal provisions became invalid as of the date of this Decision.
On 17 March 2023, the Cabinet of Ministers of Ukraine (the "Government") adopted Resolution № 234 "On Amendments to the Procedures Approved by the Resolutions of the Cabinet of Ministers of Ukraine No. 110 dated 16 February 2011 and No. 541 dated 14 May 2012". Amendments were made to the "Procedure for Local Borrowing", approved by Government Resolution № 110 dated 16 February 2011, and the "Procedure for Providing Local Guarantees", approved by Government Resolution № 541 dated 14 May 2012.
So now, the Decision of the Verkhovna Rada of the Autonomous Republic of Crimea, regional or city council to make a loan must also contain information on the following essential terms of the loan:
-
type, amount, currency, term;
-
interest for the use of the borrowing and the terms of their payment, including interest in case of delay and/or deferral of the obligation to repay the borrowing/a separate part thereof;
-
the amount of commissions, administrative fees, and other payments payable in accordance with the terms of the loan agreement (loan agreement);
-
the amount of forfeit, fines, penalties, or other sanctions for breach of borrowing obligations, as well as the amount of the principal amount of the debt.
The amount and terms of the borrowing (restructuring of debt obligations) are agreed with the Ministry of Finance of Ukraine (hereinafter referred to as the "Ministry of Finance"), provided that the local council submits a notice in paper or electronic form. The notification must be accompanied by several duly executed documents, including the calculation of the average annual amount of revenues of the general fund of the local budget received for the three previous budget periods preceding the decision of the Verkhovna Rada of the Autonomous Republic of Crimea, regional or city council on local borrowing, as well as inter budgetary transfers (in the form approved by the Ministry of Finance).
In case of a reasoned refusal of the Ministry of Finance, the local council shall eliminate the deficiencies and adjust (if necessary) the amount of liabilities on borrowings denominated in foreign currency within 15 calendar days. The Ministry of Finance reviews the revised documents within one month from the date of their receipt. If no response is received within the prescribed period, the application for approval of the amount and terms of borrowing (debt restructuring) submitted by the applicant is left without consideration.
On 17 March 2023, the Government adopted Resolution № 232 "On Amendments to the Procedure for Implementing the Programme of State Guarantees for Medical Care for the Population in 2023". As a result of the changes to the planned and actual cost of medical services provided for in Chapter 1 of Section II of the "Procedure for Implementation of the State Guarantees Programme for Medical Care for the Population in 2023" approved by Resolution of the Cabinet of Ministers of Ukraine № 1464 dated 27 December 2022 and provided under contracts for medical care for the population under the medical guarantees programme concluded with medical service providers whose places of provision of medical services as of 28 February 2023 are located in the territory temporarily occupied by the Russian Federation, the Government of Ukraine has adopted a new law on medical services.
The tariff for the package of medical services "Ensuring the preservation of human resources for the provision of medical care to the population residing in the temporarily occupied territory" is defined as a global rate per month, which is calculated as the minimum value of
-
the sum of the products of the rate, the number of employees of the respective category (actually employed staff units in the healthcare facility) and the adjustment coefficient - 1.22;
-
the amount of the monthly payroll and payroll accruals submitted by the healthcare provider in accordance with the requirements of clause 28 of the "Standard Form of the Agreement on Medical Care for the Population under the Medical Guarantee Programme" approved by the Resolution of the Cabinet of Ministers of Ukraine № 410 "On Agreements on Medical Care for the Population under the Medical Guarantee Programme" dated 25 April 2018, as of the first day of the month preceding the month of submission of the proposal.
The number of employees of the respective category (actually employed staff units in the healthcare facility) for the purpose of calculating the global rate shall be equal to the number specified in the proposal, but not more than the number of employees of the respective category according to the information on payments and costs of providing healthcare under the medical guarantee programme submitted by the healthcare provider as of the first day of the month preceding the month of submission of the proposal.
On 14 March 2023, the Government adopted Resolution № 230 "On Amendments to the Procedure for Exercising Powers by the State Treasury Service in a Special Regime under Martial Law". According to the amendments, if the main budget holder decides to make expenditures centrally or to reallocate budget allocations of budget holders included in its network and located in the territories where military operations are (were) conducted or in the temporarily occupied territories that do not operate in the normal mode, then the documents specified in paragraphs 37 and 47 of the "The Procedure for Preparation, Review, Approval and Basic Requirements for Execution of Budget Estimates of Budgetary Institutions”, approved by Government Resolution № 228 of 28 February 2002, may be signed by the head of the institution of the highest level and the head of its financial department.
Changes were also made to the order of priority for making payments on clients' orders, taking into account the resource availability of the single treasury account.
On 14 March 2023, the Government adopted Resolution № 226 "On Amendments to the Procedures Approved by the Resolutions of the Cabinet of Ministers of Ukraine No. 175 dated 20 March 2013 and No. 509 dated 17 July 2013". Thus, amendments were made to the Procedure for Organising Public and Other Temporary Works, approved by Resolution of the Cabinet of Ministers of Ukraine № 175 dated 20 March 2013, and the Procedure for Imposing Fines for Violation of Labour and Employment Legislation, approved by Resolution of the Cabinet of Ministers of Ukraine № 509 dated 17 July 2013.
Thus, now the organisation of public works will be carried out by the executive bodies of village, town and city councils. During the period of martial law, quarantine or a state of emergency or a state of emergency, the organisation of public works involving registered unemployed persons may be financed and/or co-financed from local budgets, employers, other sources not prohibited by law and the Compulsory State Unemployment Insurance Fund.
On 10 March 2023, the Government adopted Resolution № 218 "On Amendments to Clause 2 of Resolution of the Cabinet of Ministers of Ukraine No. 410 of 25 April 2018 "On Contracts for Medical Services to the Population under the Medical Guarantee Programme". Therefore, as a result of the amendments, emergency medical care and disaster medicine centres in the Autonomous Republic of Crimea, oblasts, the cities of Kyiv and Sevastopol will not be required to submit a scanned copy of a document confirming the accessibility of the building and premises in which the healthcare facility will operate for persons with disabilities and other low-mobility groups in accordance with building codes and regulations, issued by a specialist in a technical inspection of buildings and structures who holds a relevant qualification certificate.
On 10 March 2023, the Government adopted Resolution № 214 "On Amendments to the Resolutions of the Cabinet of Ministers of Ukraine No. 562 of 7 May 2022 and No. 1364 of 6 December 2022". The Resolution amended the Regulation on the Information System of the List of Territories in which Military Operations are Conducted (Were Conducted) or Temporarily Occupied by the Russian Federation, approved by the Cabinet of Ministers of Ukraine on 7 May 2022 № 562, and the Government Resolution of 6 December 2022 № 1364 "Some Issues of Forming the List of Territories in which Military Operations are Conducted (Were Conducted) or Temporarily Occupied by the Russian Federation".
On 10 March 2023, the Government adopted Resolution № 212 "On Amendments to the Resolution of the Cabinet of Ministers of Ukraine No. 328 "Some Issues of Providing the Population with Long-Term Storage Food Products under Martial Law" dated 20 March 2022. This resolution, in particular, sets out in a new wording the "List and volumes of food products used for free distribution to the population", as well as the "List and volumes of packaging goods for packaging goods used for free distribution to the population".
On 7 March 2023, the Government adopted Resolution № 246 "On Amendments to Resolution of the Cabinet of Ministers of Ukraine No. 950 dated 13 June 2000 "On Approval of the Procedure for Conducting an Internal Investigation in Respect of Persons Authorised to Perform State or Local Government Functions and Persons Equated to Persons Authorised to Perform State or Local Government Functions for the Purposes of the Law of Ukraine "On Prevention of Corruption". It sets out in a new wording the "Procedure for Conducting an Internal Investigation" in respect of those persons covered by the Law of Ukraine "On Prevention of Corruption".
On 7 March 2023, the Government adopted Resolution № 210 "On Amendments to the Procedure for Implementing a Pilot Project on Simultaneous Issuance (including Replacement of Lost or Stolen) and Exchange of a Passport of a Citizen of Ukraine and a Passport of a Citizen of Ukraine for Travelling Abroad". It substantially updated the aforementioned Procedure, which now defines the procedure:
-
simultaneous issuance (including replacement of a lost or stolen passport), exchange of a passport of a citizen of Ukraine and a passport of a citizen of Ukraine for travelling abroad; or
-
simultaneous issuance (including replacement of a lost or stolen passport), exchange of a passport of a citizen of Ukraine and a passport of a citizen of Ukraine for travelling abroad to one of the parents (adoptive parents) or other legal representatives of the child, as well as a passport of a citizen of Ukraine for travelling abroad to a child/children under the age of 14; or
-
simultaneous issuance (including replacement of a lost or stolen one), exchange of a passport of a citizen of Ukraine to one of the parents (adoptive parents) or other legal representatives of the child and a passport of a citizen of Ukraine for travelling abroad to a child/children under the age of 14.
In order to enter information into the Unified State Demographic Register, in case of simultaneous issuance of a passport of a citizen of Ukraine and a passport of a citizen of Ukraine for travelling abroad, an employee of a territorial body of the State Migration Service, an administrative service centre, on the basis of documents submitted by the applicant, simultaneously forms an application form for issuing a passport of a citizen of Ukraine and an application form/applications for issuing a passport/passports of a citizen of Ukraine for travelling abroad.
On 7 March 2023, the Government adopted Resolution № 198 "On Amendments to Clause 3 of the Procedure and Conditions for Providing Subventions from the State Budget to Local Budgets in 2023 to Support Certain Institutions and Activities in the Healthcare System". It allows the aforementioned subvention to be allocated to medical food products.
On 4 March 2023, the Government adopted Resolution № 220 "On Approval of the State Anti-Corruption Programme for 2023-2025". It approves the Programme developed by the National Agency for the Prevention of Corruption, as well as the "Expected Strategic Results for the Programme Implementation" and "Measures for the Programme Implementation". Their action is aimed at achieving significant progress in preventing and combating corruption, ensuring coherence and consistency of anti-corruption activities of all state and local government bodies, as well as a proper process of post-war reconstruction of Ukraine. Paragraph 2 of the Government's resolution emphasises that, in particular, the heads of local self-government bodies are personally responsible for ensuring the implementation of the measures envisaged in the Programme.
On 3 March 2023, the Government adopted Resolution № 188 "On Amendments to the Procedure for Providing Partial Unemployment Benefits". In particular, it expanded the possible criteria for granting partial unemployment benefits. Now, an employer or an individual entrepreneur who is an insured person must not have any debts to the state (local) budget for more than six months preceding the month of suspension (reduction) of production (performance of work, provision of services).
On 17 March 2023, the Government issued Order № 229-r "On the classification of positions in local self-government bodies to the relevant categories of positions in local self-government bodies". According to this Order:
-
the position of the first deputy settlement, village head is classified as the fifth category of positions in local self-government bodies;
-
positions of the head of a department, office, division, or other structural subdivision of the executive committee of settlement, village councils are classified as the sixth category of positions in local self-government bodies;
-
positions of heads of departments, offices, divisions, and other executive bodies of settlement and village councils are classified as the sixth category of positions in local self-government bodies;
-
positions of heads of departments, divisions, other structural units within the department of the executive body (except for the executive committee) of settlement and village councils are classified as the sixth category of positions in local self-government bodies;
-
the position of head of a department, other structural unit within a department of the executive body (except for the executive committee) of settlement, village councils is classified as the sixth category of positions in local self-government bodies;
-
positions of the head of a department, other structural subdivision within the department of the executive body (except for the executive committee) of settlement, village councils are classified as the sixth category of positions in local self-government bodies.
On 10 March 2023, the Government issued Order № 209-r "On Approval of the Distribution in 2023 of the Amount of Additional Subsidies from the State Budget to Local Budgets for the Exercise of Powers of Local Self-Government Bodies in the De-occupied, Temporarily Occupied and Other Territories of Ukraine Affected by the Full-Scale Armed Aggression of the Russian Federation". The additional subsidy totalling more than UAH 10.2 billion was distributed among regional budgets and local government budgets of most territorial communities from all regions of Ukraine.
On 3 March 2023, the Government issued Order № 190-r "On Approval of the Reading Development Strategy for the Period up to 2032 "Reading as a Life Strategy" and Approval of the Operational Plan for its Implementation for 2023-2025". The implementation of the Strategy is aimed at spreading the habit of reading books in any format, as this will contribute to the formation of reading literacy, the opportunity to obtain a quality education, the development of critical thinking, personal fulfilment and, in general, greater life satisfaction in the context of information overload, unstable political or economic situation in the country.
Paragraph 5 of the above-mentioned Government Order states that local governments are recommended to provide funds within the real capabilities of local budgets necessary for the implementation of the Strategy when drafting local budgets.
On 10 March 2023, the Social Protection Fund for Persons with Disabilities issued Order № 17, registered with the Ministry of Justice of Ukraine on 15 March 2023 under No. 456/39512 "On Approval of the Procedure for Sending the Calculation of the Amount of Administrative and Economic Sanctions Payable in Connection with Failure to Meet the Standard of Jobs for Employment of Persons with Disabilities for the Previous Year". The aforementioned Procedure sets out the mechanism for sending a calculation of the amounts of administrative and economic sanctions payable in connection with failure to meet the standard of jobs for the employment of persons with disabilities for the previous year.
The Pension Fund of Ukraine will send calculations through the electronic offices of enterprises, institutions and organisations, individuals using hired labour, on the e-services web portal within five calendar days from the date of their receipt from the Social Protection Fund for Persons with Disabilities, guided by the "The Procedure for Sending the Calculation of the Amount of Administrative and Economic Sanctions Payable in Connection with Failure to Comply with the Standard of Workplaces for Employment of Persons with Disabilities for the Previous Year", approved by Resolution of the Board of the Pension Fund of Ukraine №14-1 dated 10 March 2023.
On 6 March 2023, the Ministry of Reintegration of the Temporarily Occupied Territories of Ukraine issued Order № 80 and on 9 March № 84 "On Approval of Amendments to the List of Territories in which Military Operations are (were) Conducted or Temporarily Occupied by the Russian Federation". Thus, the updated list of territories of possible and active hostilities includes settlements of territorial communities in Dnipro, Donetsk, Zaporizhzhia, Luhansk, Mykolaiv, Sumy, Kharkiv, Kherson and Chernihiv regions.
We would like to remind you that the territories referred to in the above List are divided into territories occupied by the Russian Federation and territories where hostilities are (were) conducted. The List also includes the territories where hostilities were conducted and temporarily occupied since 24 February 2022 and where hostilities or temporary occupation have ended.