Legal Corner. April 2023
Legal Corner. April 2023

Date: 30.04.2023

Author: Volodymyr Bozhko, Vasyl Polischuk

Photo: "Depositphotos"

A digest of all news on legislation in parts that may concern local self-government. This information is constantly updated. This version is current as of 30.04.2023.

You are reading Legal Corner for April. If you are interested in Legal Corner for March, follow this link.

 

On 11 April 2023, the Verkhovna Rada of Ukraine adopted Law of Ukraine № 3054-IX "On Amendments to Certain Laws of Ukraine on Certain Issues of Issuing Identity Documents and Confirmation of Citizenship of Ukraine, Identity Documents and Confirmation of Special Status, as well as Entering Information on Registered or Declared Place of Residence in the Territory of Ukraine Temporarily Occupied by the Russian Federation and in the Territories Where Military Operations are (Were) Conducted". This Law amended the following Laws of Ukraine:

  • «On Ensuring the Rights and Freedoms of Citizens and the Legal Regime in the Temporarily Occupied Territory of Ukraine» of 15 April 2014, № 1207-VII;

  • «On Temporary Measures for the Period of the Anti-Terrorist Operation» of 2 September 2014, № 1669-VII;

  • «On Ensuring the Rights and Freedoms of Internally Displaced Persons» of 20 October 2014, № 1706-VII;

  • «On the Provision of Public (Electronic Public) Services for Declaration and Registration of Residence in Ukraine», of 5 November 2021, № 1871-IX.

 

On 11 April 2023, the Verkhovna Rada of Ukraine adopted Resolution № 3045-IX "On the exercise by the heads of the Berestovo village and Andriivka settlement military administrations of the Berdiansk district of Zaporizhzhia region of the powers provided for in part two of Article 10 of the Law of Ukraine "On the Legal Regime of Martial Law". By this resolution, the Parliament entrusted the heads of Berestove village and Andriyivka settlement military administrations of Berdiansk district of Zaporizhzhia region with the powers provided for in part two of section 10 of the Law on the Legal Regime of Martial Law:

  • except for the powers referred to their competence by the Law "On the Legal Regime of Martial Law", exercise the powers of the relevant village and settlement councils, their executive committees, and the relevant village and settlement heads;

  • the authority to approve the temporary structure of the executive bodies of the respective village and settlement councils (for employees whose positions are not included in the temporary staffing lists, a simple idle period is announced or they are transferred to an equivalent or lower position);

  • powers to manage the apparatus of Berestivka village, Andriivka settlement councils and their executive committees, other executive bodies, communal enterprises, institutions, and organizations of Berestivka village, Andriivka settlement hromadas.

 

On 14 April 2023, Presidential Decree № 226/2023 "On the Establishment of Military Administrations of Settlements in Donetsk Oblast" established Andriivka village, Bilozersk city, Hrodivka settlement, Illinivka village, Kryvyi Rih village, Novohrodivka city, Novodonetsk settlement, Oleksandrivka settlement and Udachne settlement military administrations in Donetsk Oblast. The President of Ukraine appointed the heads of these military administrations.

 

On 7 April 2023, Presidential Decree № 197/2023 "On the Establishment of Military Administrations of Settlements in Zaporizhzhia Region" established Blahovishchenske Village, Voskresenske Village, Dniprorudnianske City, Enerhodar City, Kamiansko-Dniprovske City, Kamianske Settlement, and Kamysh-Zoryanske Settlement, Malobilozerska village, Molochansk city, Novobohdanivka village, Orikhiv city, Osypenkivska village, Plodorodnenska village, Preobrazhenska village, Rozivska settlement, Smyrnovska village, Sofiyivka village, Stepnohirska settlement and Chernihivska settlement military administrations of Zaporizhzhia region. The President of Ukraine appointed the heads of these military administrations.

 

On 28 April 2023, the Cabinet of Ministers of Ukraine (the "CMU") adopted Resolution № 420 "On Approval of the Model Regulations on the Commission for Review of Complaints". This Model Regulation defines the procedure for establishing a commission by an administrative body to review complaints regarding an administrative act, procedural decisions, actions or inaction of an administrative body, organizational and procedural principles of the commission's activities, pursuant to the Law On Administrative Procedure. The commissions will be formed by:

  • for the village, settlement, city, district in cities (if formed), district and regional councils - at local councils that adopted an administrative act, performed procedural actions, and/or made procedural decisions or allowed inaction that is being appealed;

  • for the village, town, city mayors, executive bodies of village, town, city, district councils (if established) on issues related to the exercise of their local self-government powers - at village, town, city, district councils (if established);

  • for the village, settlement, city mayors, executive bodies of village, settlement, city, district councils in cities (if established) on issues related to the exercise of delegated powers by the council's executive bodies - at the relevant central executive authorities (their territorial bodies) implementing the state policy on delegated powers;

  • for bodies of self-organization of the population - at the village, settlement, and city council;

  • for another entity that is authorised by law to perform public administration functions, by the entity that is authorised by law to perform public administration functions and administrative acts, procedural decisions, actions, or inaction of which are to be appealed.

The commission, in addition to officials of the administrative body, may include representatives of civil society institutions (with their consent) in an amount not exceeding one-third of its total membership.

Main tasks of the commission:

  • consideration of the complaint on its merits;

  • reviewing the administrative case in full, based on the results of which an administrative act was adopted, a procedural action was taken, and/or a procedural decision was made or inaction was committed, ensuring verification of the circumstances of the case, re-examination of evidence and other case materials;

  • making a decision based on the results of the complaint consideration, which is formalised in a conclusion, and submitting it to the relevant administrative body.

This Resolution shall enter into force on 15 December 2023.

 

On 28 April 2023, the CMU adopted Resolution № 419 "Some issues of providing a subvention from the state budget to local budgets for the provision of safe conditions in general secondary education institutions". This resolution approved the "Procedure and Conditions for Providing Subventions from the State Budget to Local Budgets for the Improvement of Safe Conditions in General Secondary Education Institutions" and allocated UAH 1.5 billion in 2023 to all regional budgets and the budget of the city of Kyiv.

 

On 28 April 2023, the CMU adopted Resolution № 418 "Some Issues of Providing Subventions from the State Budget to Local Budgets for the Purchase of School Buses". This resolution approved the "Procedure and Conditions for Providing Subventions from the State Budget to Local Budgets for the Purchase of School Buses" and allocated UAH 1.0 billion for 2023 to all regional budgets and the budget of the city of Kyiv.

 

On 28 April 2023, the CMU adopted Resolution № 400 "On Amendments to the Procedure for Reservation of Persons Liable for Military Service on the List of Persons Liable for Military Service during Martial Law". It introduced a five-business-day limit on the duration of the verification of the completeness of the list, the availability of justification for it, as well as compliance with the requirements for the number of persons liable for military service to be reserved by a public authority, other public authority that has established (proved) a mobilization task (order), as well as central executive authorities that manage the Armed Forces of Ukraine and other military formations, before submitting the above documents for approval to the General Staff of the Armed Forces of Ukraine.

The General Staff of the Armed Forces must consider the received documents within no more than ten working days, and the Ministry of Economy of Ukraine must decide on the reservation within no more than five working days from the date of receipt of the said lists.

 

On 25 April 2023, the CMU adopted Resolution № 391 "Certain Issues of Remuneration of Employees of State Bodies and Local Self-Government Bodies during Martial Law". It provides for the period of martial law for employees of state bodies who directly exercise their powers

  • in the territories of active hostilities included in the list of territories where hostilities are (were) conducted or temporarily occupied by the Russian Federation, approved by the Ministry of Reintegration of the Temporarily Occupied Territories, for which the date of completion of hostilities has not been determined, salaries are determined taking into account the coefficient 2;

  • in the territories of possible hostilities included in the list of territories where hostilities are (were) conducted or temporarily occupied by the Russian Federation, approved by the Ministry of Reintegration of the Temporarily Occupied Territories, for which the date of termination of the possibility of hostilities has not been determined, salaries are determined taking into account the coefficient of 1.5.

Employees who directly exercise their powers in the territories of possible or active hostilities and who receive salary increases in accordance with this resolution are not entitled to other payments for work with special working conditions as defined by acts of the Cabinet of Ministers of Ukraine.

In accordance with paragraph 3 of this CMU Resolution, local governments are also recommended to be guided by it.

 

On 25 April 2023, the CMU adopted Resolution № 383 "On Amendments to the Resolution of the Cabinet of Ministers of Ukraine No. 338 dated 25 March 2020 and Resolution of the Cabinet of Ministers of Ukraine No. 1236 dated 9 December 2020". It extended the state of emergency in the unified state civil protection system and quarantine throughout Ukraine until 30 June 2023.

 

On 25 April 2023, the CMU adopted Resolution № 382 "On the Implementation of a Pilot Project for the Restoration of Settlements Affected by the Armed Aggression of the Russian Federation". It approved the "Procedure for Implementation of the Pilot Project for the Restoration of Settlements Affected by the Armed Aggression of the Russian Federation" and the Annex to this Procedure contains a list of such settlements whose local governments are recommended to participate in its implementation.

The restoration of settlements includes the preparation of project documentation (design estimates), new construction, reconstruction, restoration, overhaul, maintenance and purchase of goods.

Regional state administrations, based on proposals from local self-government bodies, form lists of objects, regardless of ownership, to be restored (newly constructed) within the framework of the pilot project, based on the priority of meeting the priority needs of the population, and submit them to the Recovery Agency. Within ten days from the date of receipt of the list of objects, the Recovery Agency considers the feasibility, efficiency, coherence, priority of restoration of these objects based on the need to meet the priority needs of the population and approves it or, if there are comments, returns it to the relevant regional state administration for revision.

 

On 21 April 2023, the CMU adopted Resolution "On Amendments to Resolution of the Cabinet of Ministers of Ukraine dated 5 March 2022 № 206 "Some Issues of Payment for Housing and Utility Services during the Period of Martial Law". This resolution extends the prohibition on the collection of debts for housing and communal services incurred after 24 February 2022, from the date of commencement to the date of completion of hostilities or temporary occupation of the territories, from consumers and/or their family members who have left their place of residence and provided the utility company with a certificate of registration of an internally displaced person or other documents confirming their absence in the residential and/or non-residential premises or building in which they are consumers.

The said prohibition also applies to legal entities that own residential and/or non-residential premises or buildings where internally displaced persons are accommodated and are the final consumers of utilities, if such legal entities are not entitled to receive compensation for utilities consumed during the accommodation of internally displaced persons in buildings (premises) of state, municipal and private property during martial law.

 

On 21 April 2023, the CMU adopted Resolution № 378 "Some Issues of Implementation of the Law of Ukraine "On Guaranteeing Property Rights to Real Estate Objects to be Constructed in the Future" " aimed at defining the peculiarities of civil turnover of real estate under construction and future real estate objects and aimed at guaranteeing property rights to such objects. The Resolution approved:

  • a list of the main technical characteristics of the construction in progress, information on which is posted on the websites of the construction customer, construction developer, construction financing fund manager (if any) in case the construction of the real estate object (apartment building) is carried out with the involvement of non-state funds (direct or indirect) of individuals and legal entities, including management, for further acquisition of ownership of the relevant real estate objects by such persons (in accordance with Annex 1);

  • a list of the main structural elements and engineering equipment of the indivisible object of construction in progress/divisible object of construction in progress, of which the respective future real estate object is an integral part (according to Annex 2);

  • a list of the main structural elements and engineering equipment in accordance with the project documentation for the construction of the future real estate object, the description of which is specified in the contract of sale of the future real estate object (in accordance with Annex 3);

  • a list of information about future real estate objects that have been sold and are being sold, information about which is posted on the websites of the construction customer, construction developer, construction financing fund manager if the construction of a real estate object (apartment building) is carried out with the involvement of non-state funds (directly or indirectly) of individuals and legal entities, including management, for the purpose of further acquisition of ownership of the relevant real estate objects by such persons (in accordance with Annex 4).

 

On 21 April 2023, the CMU adopted Resolution № 376 "On Amendments to Annex 3 to the Standard Form of the Agreement on Medical Services for the Population under the Medical Guarantee Programme". It sets out the new version of the "List of Provider Obligations to Ensure the Proper Level of Medical Services Under the Agreement" (Annex 3). This Resolution will come into force on 1 January 2024.

 

On 21 April 2023, the CMU adopted Resolution № 374 "On Amendments to Resolution of the Cabinet of Ministers of Ukraine No. 677 of 29 June 2021 "Some Issues of Formation and Use of a Certificate Confirming Vaccination Against Acute Respiratory Disease COVID-19 Caused by Coronavirus SARS-CoV-2, Negative Test Result or Recovery from the Disease". It updated the "Clinical criteria for the formation of a COVID certificate", as well as the "Minimum and maximum periods between vaccination stages in the case of combining vaccine platforms-1 for use in the algorithm for checking the compliance of records of vaccination (vaccination, immunisation) against COVID-19 available in the central database, confirming the fact of vaccination (basic course or revaccination) against COVID-19" (Table 3).

 

On 21 April 2023, the CMU adopted Resolution № 369 "On Amendments to Certain Acts of the Cabinet of Ministers of Ukraine on the Provision of Services in the Field of Physical Culture and Sports". The Resolution, inter alia, amended the Procedure for Lease of State and Municipal Property approved by Resolution of the Cabinet of Ministers of Ukraine No. 483 dated 3 June 2020, as well as the Methodology for Calculating the Rent for State Property approved by Resolution of the Cabinet of Ministers of Ukraine No. 630 dated 28 April 2021 "Some Issues of Calculating the Rent for State Property" and replaced the phrase "sports and fitness services" with "services in the field of physical culture and sports".

This Resolution comes into force on 4 May 2023, simultaneously with the Law of Ukraine № 2868-IX dated 12 January 2023 "On Amendments to Certain Laws of Ukraine on the Regulation of State Social Standards and State Social Standards for the Provision of Services in the Field of Physical Culture and Sports".

 

On 21 April 2023, the CMU adopted Resolution № 362 "On Amendments to Resolution of the Cabinet of Ministers of Ukraine No. 765 "On Approval of the Procedure for Accreditation of Healthcare Institutions" dated 15 July 1997. According to the amendments:

  • in the territories where military operations are (were) conducted or temporarily occupied by the Russian Federation, accreditation of a healthcare institution is not carried out during the period of temporary occupation, military operations and six months from the date of termination of military operations in the respective territories;

  • the accreditation certificate of healthcare facilities, which expired during the period of martial law or three months before the day of introduction of martial law, shall remain valid until 12 months after the date of termination of hostilities in the respective territories, the list of which is approved by the Ministry of Reintegration of the Temporarily Occupied Territories.

Changes have also been made to the body that will accredit healthcare institutions:

  • The Main Accreditation Commission under the Ministry of Health of Ukraine will accredit the following types of institutions:

- private, mixed, state-owned institutions that provide specialised medical care and palliative care;

- municipally owned institutions managed by the executive bodies of Kyiv and Sevastopol city councils, city (cities of regional significance) councils and providing emergency, specialised medical care and palliative care;

- municipally owned organisations founded by regional councils that provide emergency, specialised and palliative care.

  • Accreditation commissions will accredit the following types of institutions (except for pharmacies):

- municipally owned institutions managed by executive bodies of city (except for cities of oblast significance), settlement and village councils and providing primary, specialised medical care and palliative care;

- municipalities founded by district councils and providing primary, specialised medical care and palliative care;

- private form of ownership that provide primary healthcare.

  • The Main Commission for Accreditation of Pharmacies under the Ministry of Health of Ukraine will accredit pharmacies regardless of their form of ownership.

 

On 18 April 2023, the CMU adopted Resolution № 353 "On Approval of Forms of Special Permits for Subsoil Use, Maximum Economically Justified Time Limits for Subsoil Use (Taking into Account Geological Features), Main Types of Work and Application Forms in the Field of Geological Exploration and Rational Use of Subsoil". It approved:

  • form of special permit for subsoil use;

  • form of special permit for subsoil use (for extraction of minerals of local importance in the territory of the Autonomous Republic of Crimea);

  • maximum economically feasible timeframes for performing work on the subsoil site (taking into account geological features);

  • main types of works;

  • application form for a special permit for subsoil use;

  • application form for extension of the special permit for subsoil use;

  • application form for amendments to the special permit for subsoil use;

  • application form for amendments to the agreement on the terms of subsoil use;

  • an application form for initiating the sale of a special permit for subsoil use at an auction (electronic bidding).

In addition, it should be noted that in accordance with the Procedure for Granting Special Permits for Subsoil Use (as amended on 18 April 2023), such permits are granted by the State Service of Geology and Subsoil of Ukraine to the winners of auctions for their sale and without holding auctions in cases provided for in paragraph 8 of this Procedure. However, the granting of subsoil plots containing minerals of local importance for use is subject to the consent of the:

  • relevant district, city, town, village and amalgamated territorial community councils;

  • regional state military-civilian administrations - in the area of the anti-terrorist operation and/or national security and defence measures carried out through the Joint Forces Operation.

The subsoil user may be denied the extension of the permit in the event of

  • failure to comply with the terms of subsoil use stipulated by the permit or the relevant agreement;

  • a local self-government body or other authorised bodies decide to restrict subsoil use in accordance with the law;

  • submission of incomplete documents by the subsoil user.

The permit may be suspended by the permit issuing authority directly or upon submission, in particular, of local self-government bodies, in the event of:

  • violation by the subsoil user of the terms of subsoil use stipulated by the permit or agreement on the terms of subsoil use;

  • if, as a result of works related to subsoil use, there is a direct threat to the life or health of employees or the public;

  • failure to comply within the prescribed timeframe with the instructions of the authorised bodies to eliminate violations of the requirements of the legislation in the field of subsoil use or environmental protection;

  • the existence of grounds provided for by the Law of Ukraine "On Sanctions";

  • failure to comply with the terms of the environmental impact assessment conclusions and/or state environmental expertise conclusions;

  • absence of an environmental impact assessment conclusion and/or a state environmental impact assessment conclusion for the extraction of minerals.

 

On 18 April 2023, the CMU adopted Resolution № 348 "On Approval of Criteria for Assessing the Admissibility of State Aid to Business Entities to Ensure Regional Development and Support for Small and Medium-Sized Enterprises". It approved:

  • criteria for assessing the admissibility of state aid to business entities to ensure regional development;

  • criteria for assessing the admissibility of state aid to business entities to support small and medium-sized enterprises.

 

On 18 April 2023, the CMU adopted Resolution № 338 "Certain Issues of Providing Employers with Compensation of the Single Contribution to the Compulsory State Social Insurance for Employment to New Jobs". It approved:

  • "The Procedure for Compensation to Employers of a Part of Actual Expenses Related to the Payment of a Single Contribution to the Obligatory State Social Insurance for Employment of Registered Unemployed for New Jobs";

  • "Procedure for Compensation to Small Businesses of Actual Expenses in the Amount of a Single Contribution to the Obligatory State Social Insurance for Employment of Registered Unemployed Persons for New Jobs".

The Procedure applies to employers (business entities) that:

  • create new jobs and employ employees by concluding an employment contract;

  • within 12 months from the date of conclusion of an employment contract with a person employed to a new job, pay him/her a monthly salary of at least three minimum wages.

The compensation will be provided in the amount of 50 per cent of the amount of the accrued unified social tax for each person employed at a new job for the month for which it was paid. This mechanism will become effective from 1 January 2024.

It also establishes compensation to small businesses for actual expenses in the amount of a single contribution to the obligatory state social insurance for the employment of registered unemployed persons to new jobs. Small businesses will be compensated in the amount of the actual costs of the unified social tax paid for the employment of a registered unemployed person referred by the employment centre. The compensation will be paid provided that the employment period is at least 2 years and will be paid every second month during this period.

 

On 18 April 2023, the CMU adopted Resolution № 340 "On Amendments to Certain Resolutions of the Cabinet of Ministers of Ukraine on Provision of Certain Types of Financial Assistance, Benefits and Housing Subsidies". It amended the following acts of the CMU:

  • "Regulation on the Procedure for Awarding Housing Subsidies", approved by the Cabinet of Ministers of Ukraine on 21 October 1995, № 848;

  • "The Procedure for Granting and Paying State Assistance to Families with Children", approved by the Cabinet of Ministers of Ukraine on 27 December 2001, № 1751;

  • "The Procedure for Appointment and Payment of State Social Assistance to Low-Income Families", approved by the Cabinet of Ministers of Ukraine on 24 February 2003, № 250;

  • "The Procedure for Granting Benefits for Payment for Housing and Utility Services, Purchase of Solid Fuel and Liquefied Gas in Cash", approved by the Cabinet of Ministers of Ukraine on 17 April 2019, № 373;

  • "The Procedure for Calculating the Average Monthly Total Family (Household) Income for All Types of State Social Assistance", approved by the Cabinet of Ministers of Ukraine on 22 July 2020, № 632;

  • CMU Resolution № 215 of 7 March 2022 "On Peculiarities of Calculation and Payment of Cash Allowances, Benefits and Housing Subsidies for the Period of Martial Law";

  • CMU Resolution № 462 of 19 April 2022 "Some Issues of Provision of Benefits and Housing Subsidies under Martial Law".

Local governments have been instructed to ensure that public awareness is raised among the population on the procedure for implementing this CMU Resolution.

 

On 18 April 2023, the CMU adopted Resolution № 335 "On Amendments to Clause 19 of the Procedure for Exercising Powers by the State Treasury Service in a Special Regime under Martial Law". As a result of the amendments, the State Treasury Service will now also make the following payments on behalf of clients, subject to the resource availability of the single treasury account:

  • providing grants for business creation or development;

  • preparation of project (design and estimate) documentation, construction, reconstruction, overhaul of critical infrastructure and housing facilities damaged or destroyed as a result of armed aggression;

  • preparation of design (design and estimate) documentation for new construction, reconstruction, overhaul of engineering and transport infrastructure facilities necessary for the creation and operation of the industrial park included in the Register of industrial (industrial) parks located outside its territory (boundaries);

  • for other funds from non-budgetary accounts, expenditures of the Innovation Development Fund.

 

On 7 April 2023, the CMU adopted Resolution № 318 "On Amendments to the Regulation on Territorial Recruitment and Social Support Centres". Thus, from now on, territorial recruitment and social support centres can carry out measures to notify and conscript citizens for military service during mobilisation, for a special period, regardless of their place of registration.

 

On 7 April 2023, the CMU adopted Resolution № 315 "On Approval of the Procedure for the Establishment and Operation of Fire and Rescue Units for Local Fire Protection". This Procedure defines the mechanism for the establishment and operation of fire and rescue units, which are formed by local governments in agreement with the SES or its territorial bodies to protect the life and health of the population, territories and facilities from fires, and to maintain an adequate level of fire safety in the hromada.

 

On 7 April 2023, the CMU adopted Resolution № 314 "On Approval of the Procedure for the Establishment and Operation of Fire and Rescue Units for Voluntary Fire Protection". This Procedure defines the mechanism for the establishment and functioning of fire and rescue units to provide voluntary fire protection, which may also be established as a fire brigade or fire brigade by local self-government bodies from among persons permanently residing in the hromada.

 

On 7 April 2023, the CMU adopted Resolution № 313 "On Amendments to the Procedure for Accounting for Fires and Their Consequences", approved by Resolution No. 2030 of the CMU dated 26 December 2003. It sets out in a new wording the above-mentioned "Procedure for Accounting for Fires and Their Consequences", which establishes general requirements for keeping records of fires and their consequences, including those caused by military (combat) operations and/or terrorist acts, which is mandatory not only for central executive authorities and local state administrations, but also for local self-government bodies and business entities. Therefore, local governments must:

  • to keep fire logs in paper or electronic form (in the form according to Annex 2 to this resolution);

  • submit information on all fire incidents and their consequences to the State Emergency Service of Ukraine by the 10th day of each month;

  • within 10 days (up to 30 days during martial law) from the moment of fire extinguishment, submit documents (certificates, extracts, written statements, etc.) to the territorial body of the State Emergency Service of Ukraine on the amount of direct and indirect losses caused by the fire and the amount of material assets saved.

 

On 25 April 2023, the CMU issued Order № 372-r "On Approval of the Action Plan for 2023-2024 for the Implementation of the National Strategy for Creating a Barrier-Free Space in Ukraine for the Period up to 2030". Local governments are recommended to ensure the implementation of the approved action plan within their powers, in particular:

  • develop local plans for barrier-free space;

  • collect and disseminate reliable information on the accessibility of administrative service centres, youth centres and cultural institutions for persons with disabilities and other low-mobility groups;

  • to adapt the main entrances and premises of administrative service centres and cultural infrastructure facilities for use by low-mobility groups, including persons with disabilities;

  • to ensure the functioning of the civil protection and security system for low-mobility groups, including persons with disabilities, in the context of martial law or a state of emergency;

  • raise the level of awareness and professional competence of local government officials to create a barrier-free space in the community;

  • provide the necessary software and means of access to the Internet for persons with disabilities, educational and cultural institutions, as well as libraries and other centres within the community;

  • to ensure that the quality of educational services in general secondary education institutions is improved and that a network of special classes is functioning in accordance with the needs of the community;

  • ensure the development of a network and support for inclusive resource centres.

 

On 7 April 2023, the CMU issued Order № 301-r "On Approval of the Concept of Security of Educational Institutions". It provides not only for the development of modern, comfortable shelters, but also new approaches to fire safety, access control, video surveillance, inclusiveness, and school security.

 

On 20 April 2023, Order of the Ministry of Agrarian Policy and Food of Ukraine № 946 "On Approval of Amendments to the Criteria for Determining Enterprises, Institutions and Organisations that are Important for the National Economy in the Field of Agriculture in a Special Period" approved the above amendments.

The Criteria for Determining Enterprises, Institutions and Organisations Critical to the Functioning of the Economy and the Life of the Population in a Special Period are being developed pursuant to the Law of Ukraine "On Mobilisation Preparation and Mobilisation", as persons liable for military service who work in such organisations are subject to reservation.

 

On 10 April 2023, the Pension Fund of Ukraine published an explanation of who and when to apply to receive a subsidy during the non-heating season. Starting in May, housing subsidies and benefits for the non-heating season will be reassigned to the vast majority of recipients who received housing subsidies during the heating season automatically, based on the information available to the Pension Fund of Ukraine, provided that there have been no changes in their property status or family composition. If such changes have occurred, the recipients of the subsidy must provide information about them to the Pension Fund of Ukraine within 30 days.

However, there is a certain category of people who must apply for a subsidy for the non-heating season.

Who needs to apply and declaration?

A housing subsidy is granted for the next term upon personal application if:

  • the household includes internally displaced persons;

  • household members rent residential premises for living and pay for housing and communal services;

  • the number of actually residing registered persons in the household is less than the number of registered persons;

  • the household is applying for a housing subsidy for the purchase of liquefied gas, solid and liquid household stove fuel.

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14.03.2024
Changes in the Medical Guarantee Programme and how to use them for the benefit of patients and hospitals
U-LEAD experts told the participants of the info session about the expansion of the Medical Guarantee Programme and changes in the financing of services, the inspection of healthcare facilities by the National Health Service and the improvement of services for patients.
#healthcare
#advice
#legislation
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05.03.2024
Changes in the legislation on humanitarian aid: who is affected and how to proceed?
U-LEAD experts informed representatives of local self-government about important changes in the legislation regarding humanitarian and charitable aid, its import, accounting and use.
#legislation
#advice
#war
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29.02.2024
Legal Corner. February 2024
A digest of all news on legislation in parts that may concern local self-government. This version is current as of 29.02.2024.
#legal corner
#legislation
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01.03.2024
Cessation of ownership of destroyed municipal property: U-LEAD explains the procedure
Since the beginning of the full-scale Russian aggression, a lot of the Ukrainian municipalities have suffered from the destruction, so the issue of the cessation of ownership of the destroyed municipal property is an urgent one. The various events of the U-LEAD with Europe programme for specialists in local self-government have been devoted to this issue, with the clarification of the algorithms of action in specific cases.
#war
#lsg
#legislation
#reconstruction
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01.03.2024
Filing declarations for employees of local self-government in 2024: deadlines, requirements and clarification
The declaration campaign for the 2023 reporting period is open until 31 March 2024. Income declarations must be submitted by local government employees, members of local councils and other declaration filers.
#legislation
#lsg
#advice
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29.02.2024
Recording destruction and damage of property: Algorithm of actions for local self-government bodies
The enemy keeps launching rocket attacks and shelling the territories of the municipalities, causing a lot of destruction and damage to the infrastructure and to the private property. Full recovery requires not only funds, but also a specific recording process, with local self-government bodies playing a key role. Learn more about the algorithm of actions for recording destruction and its peculiarities in the commentary of the U-LEAD expert.
#war
#lsg
#legislation
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29.02.2024
Hospital CEO appointment: from competition announcement to contract signing
The U-LEAD experts explained to the representatives of municipalities the algorithm of holding a competition for the position of the healthcare facility CEO and clarified the issue of part-time work and competition procedures during the martial law period.
#healthcare
#legislation
#advice
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19.02.2024
Local self-government employees must declare property located in the temporarily occupied territories
According to the updated Clarifications of the National Agency on Corruption Prevention, the declaration filer must include in the declaration information about any real estate belonging to them and their family members, including any real estate located in the temporarily occupied territories.
#legislation
#advice
#lsg
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31.01.2024
Legal Corner. January 2024
A digest of all news on legislation in parts that may concern local self-government. This version is current as of 31.01.2024.
#legal corner
#legislation
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31.12.2023
Legal Corner. December 2023
A digest of all news on legislation in parts that may concern local self-government. This version is current as of 31.12.2023.
#legislation
#legal corner
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19.12.2023
Paid social services: Who should pay, what services are provided on a paid basis and how much do they cost?
Since 2020, the provision of social services has been transferred to the municipal level. Reasonably, the question of funds for payment of these services for certain categories of recipients arose. U-LEAD experts clarified the cases when social services may be provided on a paid basis and how their differentiated fees are calculated.
#legislation
#analytics
#social services
#advice
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15.12.2023
Despite the war, decisions on local budgets for 2024 are subject to mandatory publication!
What must be made public in terms of budget documents under martial law? When and where should the decision on the budget 2024 be made public? What to do if the municipality has lost access to its Internet resources, what are the alternative information platforms for publishing the decision?
#finances
#advice
#legislation
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29.11.2023
New requirements for providing bomb shelters in municipalities: clarification of U-LEAD experts
New requirements for providing bomb shelters came into force on the 1st of November. How will these innovations affect their reconstruction and overhaul? What additional restrictions should local self-government bodies keep in mind when equipping protective facilities from now on?
#legislation
#war
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28.11.2023
Expert: Municipalities can allocate the free balance of the budget only to certain directions
The President of Ukraine signed Law No. 3428-IX “On Amendments to Section VI of the Budget Code of Ukraine on Ensuring the Support of the State’s Defence Capabilities and the Development of the Defence and Industrial Complex of Ukraine” dated 8 November 2023. This Law lists directions for the municipalities to allocate free local budget balances under martial law.
#legislation
#local budgets
#advice
#news
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27.11.2023
Аnti-corruption legislation: What has changed for local self-government bodies?
On clarification of changes for local self-government bodies with the entry into force of Law of Ukraine No. 3384-ІХ “On Amendments to Certain Laws of Ukraine on Defining the Procedure for Submission of Declarations by Persons Authorised to Perform State or Local Self-Government Functions under Martial Law”.
#legislation
#anti-corruption
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30.11.2023
Legal Corner. November 2023
A digest of all news on legislation in parts that may concern local self-government. This version is current as of 30.11.2023.
#legal corner
#legislation
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17.11.2023
Decolonisation of toponyms: To be implemented by municipalities by January 2024
How exactly should local self-government bodies implement the Law of Ukraine “On Condemnation and Prohibition of Propaganda of Russian Imperial Policy in Ukraine and Decolonisation of Toponymy”.
#derussification
#news
#legislation
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31.10.2023
Legal Corner. October 2023
A digest of all news on legislation in parts that may concern local self-government. This version is current as of 31.10.2023.
#legislation
#legal corner
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29.09.2023
Legal Corner. September 2023
A digest of all news on legislation in parts that may concern local self-government. This version is current as of 30.09.2023.
#legal corner
#legislation
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29.09.2023
Teacher appraisals: details of the procedure
How exactly to carry out the appraisals of teaching staff in 2023/2024? What are the procedures for the scheduled appraisal as well as extraordinary appraisals initiated by the employee/manager? U-LEAD’s expert answers these questions.
#advice
#legislation
#education
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27.09.2023
Dismissal from the local self-government bodies under martial law
U-LEAD adviser clarifies the powers of employers, the rights of employees and the general provisions under which employment can be terminated in local self-government bodies.
#working issues
#legislation
#advice
#lsg
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05.09.2023
Lakes and ponds, waterworks, aquaculture: How to manage "water resources" for municipalities
The participants of the "Coffee with Experts" discussion, hosted by the U-LEAD with Europe Regional Office in Odesa Oblast, learned about the management, and history of local water resources and the reform process in this area.
#news
#legislation
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05.09.2023
Infographics: Developing recovery plans
U-LEAD experts analysed the legislation and made infographics to show you the stages and timelines of recovery plans, the components of these plans and who develops them.
#recovery
#legislation
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28.08.2023
Municipalities and U-LEAD experts analyzed the innovations in legislation in the field of water resources management
During the event in the Coffee with Experts format, the municipalities of the Poltava, Kharkiv and Cherkasy Oblasts spoke with U-LEAD experts on Spatial Planning and Natural Resource Management about the updates in the water resources management legislation and approaches to water resources management.
#news
#legislation
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25.08.2023
Can the municipality finance the needs of the military at the expense of local budgets? U-LEAD clarifies
At the event for Cherkasy municipalities, a hot topic was discussed: solving financial issues under martial law. The participants familiarized themselves with changes in the legislation in the spheres of financial and budgetary relations of the local government, worked out urgent issues of the implementation of the powers of the local government and discussed the powers to finance the needs of the military at the expense of local budgets.
#finances
#war
#advice
#legislation
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11.08.2023
An employee of a local self-government body is a blood donor: how not to violate their rights?
U-LEAD experts provided clarification on donor guarantees to employees of local self-government bodies who voluntarily donate blood and its components. These include an additional day of rest and leave on the day of examination and donation. What to do if the employee must be present at the workplace on the day of blood donation?
#legislation
#lsg
#advice
#healthcare
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31.07.2023
Legal Corner. July 2023
A digest of all news on legislation in parts that may concern local self-government. This information is constantly updated. This version is current as of 31.07.2023.
#legal corner
#legislation
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26.07.2023
The Law No. 3050: Expert explains changes for local self-government bodies/military administrations on setting individual tax exemptions
The Law No. 3050 "On Amendments to the Tax Code of Ukraine and Other Legislative Acts of Ukraine on Exemption from Environmental Tax, Land Payment and Real Estate Tax Other Than a Land Plot for Destroyed or Damaged Real Estate" has recently come into force. What impact does it have on local self-government bodies and what are the new powers of municipalities?
#legislation
#environment
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14.07.2023
On the simplified procedure for local taxes and fees for the period of martial law
The participants of the information session, held by U-LEAD in partnership with the Southern Interregional Department of the State Regulatory Service of Ukraine, learned about the peculiarities of regulatory policy during the war, the possibility for local councils to adopt acts under a simplified procedure, as well as the pitfalls of such indulgences.
#finances
#war
#advice
#legislation
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11.07.2023
Things to know about archives and the document nomenclature in 2023
The participants of the information session, held by U-LEAD in partnership with the State Archives of Mykolaiv Oblast, learned about the peculiarities of archival affairs and record keeping in municipalities.
#advice
#legislation
#lsg
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11.07.2023
U-LEAD helps municipalities to understand public procurement for budget funds
Read our material about public procurement for budget funds, authorised persons and municipalities' work with experts from the Institute for Budgetary and Socio-Economic Research (IBSER).
#local budgets
#advice
#legislation
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30.06.2023
Legal Corner. June 2023
A digest of all news on legislation in parts that may concern local self-government. This information is constantly updated. This version is current as of 30.06.2023.
#legal corner
#legislation
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04.07.2023
The Law “On Waste Management” enters into force
U-LEAD experts offer you an infographic dedicated to the related changes, requirements and responsibilities of local governments.
#legislation
#news
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04.07.2023
How to deal if a local government employee stayed in the temporarily occupied territory and was forced to obtain a Russian passport?
U-LEAD experts provided explanations on personnel issues related to the work of local self-government under occupation.
#war
#legislation
#advice
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21.06.2023
U-LEAD with Europe jointly with tax authorities explains peculiarities of taxes and fees payment under martial law to municipalities of Kharkiv Oblast
During the joint information session, the U-LEAD with Europe Regional Office and the Main Department of the State Tax Service in Kharkiv Oblast discussed changes to the tax legislation under martial law and the ability of local self-government representatives to ensure the flow of their own resources to local budgets.
#war
#legislation
#finances
#local budgets
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21.06.2023
What annual leave can a local self-government employee expect in 2023?
Participants of the U-LEAD information session learned about the rules for granting annual leave under martial law, restrictions, refusals, compensation and legislative regulation of this process. You can also find out!
#lsg
#legislation
#advice
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14.06.2023
Role of Regional Departments of Health at the current stage of medical reform
Read our experts’ analytical article to find out more about the competencies, duties, functions, past and future of the Regional Departments of Health.
#health care
#legislation
#advice
#analytics
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31.05.2023
Legal Corner. May 2023
A digest of all news on legislation in parts that may concern local self-government. This information is constantly updated. This version is current as of 31.05.2023.
#legal corner
#legislation
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30.05.2023
Expert: Despite the war, municipalities must release public information as per the laws
Read more to learn about the balance between transparency and security, requirements for local self-government to release information under martial law and the use of the “three-fold test” in this process, as well as how the municipalities can determine whether to restrict access to the information.
#advice
#legislation
#war
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19.05.2023
Practical advice for employers when using e-services of the Pension Fund of Ukraine
U-LEAD with Europe held an info session where the participants learned about the innovations of the e-services of the Pension Fund of Ukraine and the features of the e-sick leave service, learned about typical errors when filling out e-documents and clarified how to settle sick leave.
#advice
#legislation
#news
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12.04.2023
Introduction of the minimum tax liability will increase revenues to municipal budgets
U-LEAD adviser explains how the new Law No. 1914 affects the Tax Code, changes for agricultural land tenants and how to pay the minimum tax liability correctly.
#news
#legislation
#advice
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06.04.2023
Accounting for humanitarian aid in relocated municipalities
Ihor Ahibalov talks about the lack of a legal framework and regulations to be followed when receiving and distributing humanitarian aid.
#legislation
#advice
#international support
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27.03.2023
New law gave municipalities additional tools for fire brigades
U-LEAD presents the changes in legislation and explains their significance.
#news
#legislation
#volunteer fire brigades
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27.03.2023
Legal Corner. March 2023
A digest of all news on legislation in parts that may concern local self-government. This information is constantly updated. This version is current as of 27.03.2023.
#legislation
#legal corner
#digest
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16.03.2023
Protecting workers and preventing fines
These are the tasks set by the State Labour Service for municipalities in March.
#legislation
#advice
#business
#enterpreneurship
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14.03.2023
Certification of local self-government officials under martial law
U-LEAD experts discussed its procedure.
#war
#advice
#legislation
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09.03.2023
How does martial law affect access to public information? U-LEAD experts explain
Since the outset of the full-scale invasion, information security, protection of personal data and counteracting misinformation in the municipalities have become critical challenges for local self-government.
#war
#public information
#legislation
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28.02.2023
Legal Corner. February 2023
A digest of all news on legislation in parts that may concern local self-government. This information is constantly updated. This version is current as of 28.02.2023.
#legal corner
#legislation
#digest
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28.02.2023
Prohibition or permission to travel abroad. Who in the municipalities is affected by the new Law?
The Government has amended the rules for crossing the border, introducing a number of restrictions that also affect local self-government.
#legislation
#news
#war
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27.02.2023
About territories where you can not pay some types of taxes - a conversation with experts in the Kharkiv oblast
The regional office of the Programme, together with the Main Department of the State Tax Service in the Kharkiv oblast, organised an information session for more than 40 municipalities.
#legislation
#finances
#news
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16.02.2023
U-LEAD experts in partnership with the State Tax Service explain legislative innovations to municipalities
The U-LEAD with Europe Programme works together with partners to improve the tax culture of the population and the businesses community.
#legislation
#finances
#news
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16.02.2023
U-LEAD experts explained to municipalities the procedure for allocating land shares under martial law
The procedure for allocating land shares became a topic for discussion at Coffee with Experts, an event held by the Regional Office of U-LEAD with Europe in the Zaporizhzhia oblast.
#land lease
#news
#legislation
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01.02.2023
Legislative support: municipalities can establish local and volunteer fire brigades
Read more to learn about the latest changes in legislation, organisation and support of local fire and rescue units.
#volunteer fire brigades
#news
#legislation
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26.01.2023
The importance of a Law on Administrative Procedure for citizens in general and for local self-government in particular, based on the German example
Interview with Ms. Manuela Söller-Winkler, State Secretary retd., International Expert of U-LEAD with Europe
#legislation
#reform of the local self-government
#germany
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31.01.2023
Legal Corner. January 2023
A digest of all news on legislation in parts that may concern local self-government. This information is constantly updated. This version is current as of 31.01.2023.
#legislation
#legal corner
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31.12.2022
Legal Corner. December 2022
A digest of all news on legislation in parts that may concern local self-government. This information is constantly updated. This version is current as of 31.12.2022.
#legislation
#legal corner
#digest
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30.11.2022
Legal Corner. November 2022
A digest of all news on legislation in parts that may concern local self-government. This information is constantly updated. This version is current as of 30.11.2022.
#digest
#legal corner
#legislation
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31.10.2022
Legal Corner. October 2022
A digest of all news on legislation in parts that may concern local self-government. This information is constantly updated. This version is current as of 31/10/2022.
#digest
#legislation
#legal corner
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