Legal Corner. May 2023
Legal Corner. May 2023

Date: 31.05.2023

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 31.05.2023.

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

On 23 May 2023, the Cabinet of Ministers of Ukraine (CMU) adopted Resolution № 522 "On Approval of the Procedure for the Functioning of the Unified Geographic Information System for Monitoring and Evaluation of the Development of Regions and Territorial Communities". This Procedure defines the mechanism for creating, implementing, and ensuring the functioning of a unified geographic information system for monitoring and evaluating the development of regions and territorial communities. The owner of the geographic information system for regional development is the state represented by the Ministry of Communities, Territories, and Infrastructure of Ukraine, which is its holder. The administrator is the Recovery Agency. By 31 December 2023, the Ministry of Infrastructure of Ukraine must ensure the development and implementation of the software necessary for the functioning of a unified geographic information system for monitoring and evaluating the development of regions and hromadas.

 

On 23 May 2023, the CMU adopted Resolution № 521 "On Amendments to the Resolutions of the Cabinet of Ministers of Ukraine № 333 "On Approval of the Procedure for Compensation of Expenses for Temporary Accommodation (Stay) of Internally Displaced Persons" dated 19 March 2022 and № 977 "On Certain Issues Related to Compensation for Temporary Accommodation (Stay) of Internally Displaced Persons" dated 30 August 2022. Thus, from now on, the allocation and use of funds for compensation from the state budget (in particular, the budget reserve fund) will be carried out in accordance with the Resolution of the Cabinet of Ministers of Ukraine № 415 of 29 March 2002 "On Approval of the Procedure for the Use of the Budget Reserve Fund".

 

On 19 May 2023, the CMU adopted Resolution № 523 "On Amendments to the Procedure for Exercising Powers by the State Treasury Service in a Special Regime under Martial Law". Thus, according to the amendments, the following payments will now also be made on behalf of clients in the second priority, considering the resource availability of the single treasury account for local budget expenditures:

- for the placement of temporarily available funds of local budgets on deposits, subject to the purchase of government securities in the amount of 50 percent of the total amount of funds placed on deposits;

- to support the activities of military administrations established in the territories included in the list of territories where military operations are (were) conducted or temporarily occupied by the Russian Federation, approved by the Ministry of Reintegration of the Temporarily Occupied Territories of Ukraine;

- for the repair, and maintenance of memorial cemeteries and other places of honor, installation of tombstones;

- to pay for services for the development of a feasibility study on the inexpediency of further operation, completion (completion of construction), and liquidation projects of coal mining enterprises (mines) and their comprehensive state examination;

- to pay for medical examinations of wards and employees of residential institutions/institutions of the social protection system, internally displaced persons;

- to purchase books and periodicals to replenish library collections.

 

On 19 May 2023, the CMU adopted Resolution № 516 "Some issues of organising the work of the commission for consideration of issues related to compensation for destroyed real estate as a result of hostilities, terrorist acts, sabotage caused by the armed aggression of the Russian Federation against Ukraine". This Resolution approved the "Model Regulations on the Commission for Consideration of Issues Concerning Compensation for Destroyed Real Estate as a Result of Hostilities, Terrorist Acts, and Sabotage Caused by the Armed Aggression of the Russian Federation against Ukraine". Pursuant to this Model Regulation, the commission for consideration of issues related to the provision of the above compensation is an advisory body of the executive body of a village, town, city, district council (if established), military administration of a settlement or civil-military administration of a settlement, which is established to consider issues related to the provision of compensation for destroyed real estate as a result of hostilities, terrorist acts, sabotage caused by the military aggression of the Russian Federation.

The main tasks of the commission are:

- reviewing applications for compensation for destroyed real estate;

- providing compensation recipients with advice and comprehensive information on obtaining compensation for destroyed real estate;

- establishing the presence/absence of grounds for receiving compensation for the destroyed real estate by checking the available documents and/or information;

- ensuring that an inspection of an asset under construction or a destroyed real estate object is carried out, in particular, to establish whether the repair work was carried out at the expense of other sources of funding;

- providing recipients of compensation for destroyed real estate with assistance in restoring or obtaining documents that were not attached to the application due to their loss or due to the need to establish facts of legal significance;

- ensuring preparation of the commission's decisions for their approval by the authorised body;

- issuing a housing certificate in electronic and/or paper form (in case of a decision to provide compensation for the destroyed real estate object) through the Register and sending it to the applicant.

 

On 19 May 2023, the CMU adopted Resolution №511 "On Approval of the Procedure for Maintaining, Functioning and Access to Information of the Unified State Electronic Geoinformation System for Subsoil Use". This Procedure defines the purpose of creation, structure, procedure, and requirements for the functioning and access to information of the unified state electronic geoinformation system in the field of subsoil use, the procedure for electronic information interaction of the unified geoinformation system with other electronic information resources.

The electronic cabinet of the unified geoinformation system is an information and communication system that provides an electronic form of interaction between subsoil users, state authorities, and local self-government bodies, information systems, and databases and registers in the field of subsoil use of the unified geoinformation system.

The unified geographic information system will be formed for the following purposes:

- accounting of subsoil plots provided for use;

- creation, collection, receipt, storage, use, dissemination, protection, and defense of information in the field of geological exploration and rational use of subsoil;

- ensuring electronic interaction between subsoil users, state authorities, and local self-government bodies to fulfill the tasks set by law in the field of geological exploration and rational use of subsoil, including the processing of the information generated during activities of subsoil users, including subsoil users under production sharing agreements.

 

On 12 May 2023, the CMU adopted Resolution № 487 "On Amendments to Clause 10 of the Procedure for Providing Compensation for the Restoration of Certain Categories of Real Estate Damaged as a Result of Hostilities, Terrorist Acts, Sabotage Caused by the Armed Aggression of the Russian Federation Using the eRestoration Electronic Public Service". The amendments reduced the maximum amount of compensation for one damaged object to UAH 200 thousand.

 

On 12 May 2023, the CMU adopted Resolution № 485 "On Amendments to Clause 4 of the Regulation on the National Police". Thus, the National Police will now have the following powers:

- ensure, in accordance with the law, the control over the collection of payments (administrative fines and other sanctions) to the state budget in accordance with the list of budget classification codes set out in Resolution of the Cabinet of Ministers of Ukraine No. 106 "Some Issues of Keeping Records of Taxes, Fees, Payments and Other Budget Revenues" dated 16 February 2011 for the National Police, as well as keeping records of such payments within its competence;

- on the basis of the relevant resolution of the Commissioner for the Protection of the State Language, take measures within its competence to ensure the exercise of its powers under the Law "On Ensuring the Functioning of the Ukrainian Language as the State Language";

- supervise, within the scope of its powers, the observance of the procedure for walking pets (dogs) in public places, compliance with the requirements in the field of animal protection against cruelty, and taking appropriate measures in case of violation of the legislation in this area.

 

On 12 May 2023, the CMU adopted Resolution № 482 "On Amendments to the Resolutions of the Cabinet of Ministers of Ukraine dated 25 April 2018 № 410 and 13 January 2023 № 28". This Resolution introduced several amendments to the "Standard Form of the Agreement on Medical Services for the Population under the Medical Guarantees Programme" approved by Resolution of the Cabinet of Ministers of Ukraine № 410 dated 25 April 2018 and Resolution of the Cabinet of Ministers of Ukraine № 28 dated 13 January 2023 "Some Issues of Remuneration of Medical, Pharmaceutical and Rehabilitation Specialists of State and Municipal Healthcare Institutions", according to which:

- if a medical, pharmaceutical, rehabilitation specialist, and junior medical staff work part-time or part-time, or if an employee fails to fully comply with the established standard of working hours, the requirement for remuneration shall be applied in proportion to the standard of work performed;

- for the period of martial law, but not longer than 31 December 2023 for medical, pharmaceutical workers, rehabilitation specialists and junior medical staff for the full monthly (hourly) labour rate, who directly provide specialised and emergency medical care and perform their duties in state and municipal healthcare facilities that have concluded a contract with the National Health Service on medical care for the population under the medical guarantee programme:

  • 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, for which the date of completion of hostilities has not been determined, the minimum wage is set within the payroll fund at the level of not less than:

    • UAH 28,000 for persons holding medical positions in healthcare institutions (except for medical interns), pharmacist positions in healthcare institutions (except for pharmacist interns), healthcare professionals positions in healthcare institutions, and positions of professionals with higher non-medical education in healthcare;

    • UAH 18000 for persons holding positions in healthcare institutions referred to by the unified qualification requirements for the positions of specialists (except for interns and pharmacists-interns);

    • UAH 9000 for persons holding positions of junior medical staff in healthcare institutions;

  • 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, for which the date of termination of the possibility of hostilities has not been determined, the minimum wage is set within the payroll fund at the level of not less than:

    • UAH 23,000 for persons holding medical positions in healthcare institutions (except for medical interns), pharmacist positions in healthcare institutions (except for pharmacist interns), healthcare professionals positions in healthcare institutions, and positions of professionals with higher non-medical education in healthcare;

    • UAH 15500 for persons holding positions in healthcare institutions referred to by the unified qualification requirements for specialist positions (except for interns and pharmacists-interns);

    • UAH 8000 for persons holding positions of junior medical staff in healthcare institutions.

- differentiation of salaries for medical, pharmaceutical workers, rehabilitation specialists and junior medical staff of state and municipal healthcare facilities is carried out within the payroll fund by establishing additional payments and allowances, taking into account the complexity, responsibility and conditions of work performed, the employee's qualifications, and the results of his/her work;

- to implement the above requirements, the healthcare provider will approve the relevant list of employees who will directly perform their duties and provide specialized and emergency medical care at the place of provision of healthcare services located in the territory of possible or active hostilities.

 

On 12 May 2023, the CMU adopted Resolution № 474 "On Public Monitoring of Land Relations", which approved the "Procedure for Public Monitoring of Land Relations and Monitoring of the Land Market within it".

Public monitoring of land relations will be based on data received through electronic information interaction and will reflect the state and development of land relations in the context of the territories of oblasts, rayons, and municipalities. The public monitoring of land relations will be carried out by the StateGeoCadastre, which will own the automated system of public monitoring of land relations and will provide:

- creation and operation of an automated system for public monitoring of land relations;

- publishing the results of public monitoring of land relations once a month on the official website of the StateGeoCadastre.

An unlimited number of persons will have access to the results of public monitoring of land relations through an electronic cabinet. The objects of the land market monitoring will be the information of the State Register of Real Property Rights obtained through the interaction of the information systems of the State Land Cadastre and the State Register of Real Property Rights in accordance with Article 30 of the Law "On the State Land Cadastre" and Article 33 of the Law "On State Registration of Real Property Rights and Encumbrances" on the relevant land plot with cadastral number and area.

 

On 12 May 2023, the CMU adopted Resolution № 471 "On Amendments to the Resolutions of the Cabinet of Ministers of Ukraine dated 12 October 2022 No. 1178 and 21 March 2023 No. 253 and Invalidation of Certain Resolutions of the Cabinet of Ministers of Ukraine". This Government Resolution amended Resolution of the Cabinet of Ministers of Ukraine № 1178 dated 12 October 2022 "On Approval of Peculiarities of Public Procurement of Goods, Works, and Services for Customers Provided for by the Law of Ukraine "On Public Procurement" for the Period of Martial Law in Ukraine and within 90 days from the date of its termination or cancellation":

- procuring entities are prohibited from making public procurement of goods, works and services from citizens of the Russian Federation/Republic of Belarus (except for those legally residing in Ukraine); legal entities established and registered in accordance with the legislation of the Russian Federation/Republic of Belarus; legal entities established and registered in accordance with the legislation of Ukraine, the ultimate beneficial owner, member or participant with a share in the authorised capital of 10 per cent or more of which is the Russian Federation/Republic of Belarus, a citizen of the Russian Federation/Republic of Belarus (except for those legally residing in Ukraine), or a legal entity, except when the assets are transferred to the management of the National Agency for Finding, Tracing and Management of Assets Derived from Corruption and Other Crimes in accordance with the procedure established by law;

- set out in a new wording "Peculiarities of public procurement of goods, works and services for customers provided for by the Law of Ukraine "On Public Procurement" for the period of martial law in Ukraine and within 90 days from the date of its termination or cancellation".

Therefore, three-round auctions in open tenders have been restored if two or more bids are submitted. At the same time, if only one tender has been submitted, the electronic auction is not automatically applied. At the same time, upon a justified decision of the procuring entity, open tenders may be held without the use of a three-round electronic auction, in which case only a blind auction is held at the stage of submission of the offer. In addition, participants whose assets have been transferred to the management of the National Agency for Finding, Tracing, and Management of Assets Derived from Corruption and Other Crimes will be able to participate in public procurement.

The Law also introduces the possibility of establishing additional requirements and conditions by international monetary and credit organisations when the procurement of goods (works, services) is carried out with the funds of credits (loans, grants) provided in accordance with international agreements between Ukraine and these international monetary and credit organisations, in accordance with the rules and procedures established by these organisations.

 

On 9 May 2023, the CMU adopted Resolution № 470 "On Coordination Centres for Support of Civilians". According to this Government Resolution:

- the "Model Regulation on the Coordination Centre for Civilian Support at the regional, Kyiv and Sevastopol city state (military) administrations" was approved. Such a Coordination Centre will be established to support and coordinate the provision of assistance to the population affected by the armed conflict, in particular, internally displaced persons, war veterans, persons with disabilities caused by war, persons with special services to the Motherland, affected participants of the Revolution of Dignity, family members of deceased war veterans, family members of deceased defenders of Ukraine, and other affected persons, to support effective cooperation between executive authorities, law enforcement and other state bodies, local self-government bodies, public associations, organisations and institutions that involve volunteers in their activities, volunteers, representative offices of international humanitarian organisations in Ukraine in addressing issues related to social protection, housing and employment of the affected population, providing psychosocial, medical and legal assistance to the affected population;

- local self-government bodies are recommended to establish coordination centers for civilian support and to approve regulations on these centers, considering the Model Regulations approved by this Resolution.

 

On 9 May 2023, the CMU adopted Resolution № 469 "On Amendments to Certain Resolutions of the Cabinet of Ministers of Ukraine on Notaries, State Registration and Functioning of State Electronic Information Resources under Martial Law". This Resolution amended the following resolutions of the Government:

- № 1133 dated 25 December 2015 "On Provision of Services in the Field of State Registration of Legal Entities, Individual Entrepreneurs and Public Organisations within Shortened Terms";

- "Procedure for the Ministry of Justice to Control Activities in the Field of State Registration of Real Property Rights and Encumbrances and State Registration of Legal Entities, Individual Entrepreneurs and Public Organisations", approved by Resolution of the Cabinet of Ministers of Ukraine of 21 December 2016 № 990;

- № 164 of 28 February 2022 "Some Issues of Notaries under Martial Law";

- № 209 of 6 March 2022 "Some Issues of State Registration and Functioning of Unified and State Registers, which are kept by the Ministry of Justice, under Martial Law";

- № 263 dated 12 March 2022 "Some issues of ensuring the functioning of information and communication systems, electronic communication systems, public electronic registers under martial law";

- № 564 of 7 May 2022 "Some Issues of Maintaining and Functioning of the State Land Cadastre under Martial Law";

- № 1364 of 6 December 2022 "Some Issues of Forming the List of Territories in which Military Operations are (were) Conducted or Temporarily Occupied by the Russian Federation".

Therefore, several amendments were made to the legislation on notaries, state registration and the functioning of state electronic information resources under martial law, in particular

- the rule that provided for the possibility of certifying powers of attorney and certifying applications without special notarial forms was changed;

- the requirements to be met by notaries included in the list of notaries who may perform notarial acts in respect of valuable property under martial law have been eased;

- the timeframe for each stage of consideration of applications for inclusion in the List of notaries who may perform notarial acts with respect to valuable property under martial law has been extended;

- notaries whose workplace (office) is located within the territories temporarily occupied by the Russian Federation, included in the List of territories where military operations are being (were) conducted or temporarily occupied by the Russian Federation, approved by the Ministry of Reintegration, for which the date of termination of the temporary occupation has not been determined, are prohibited from performing notarial acts;

- state registration of a change in the location of a legal entity, as a result of which the location will belong to an administrative-territorial unit located in the territory temporarily occupied by the Russian Federation, included in the List of territories where military operations are being (were) conducted or temporarily occupied by the Russian Federation, approved by the Ministry of Reintegration, for which the date of termination of the temporary occupation has not been determined, is prohibited;

- the test for knowledge of the legislation on state registration of legal entities, individual entrepreneurs and public organisations will no longer be conducted for persons who have performed the functions of state registrar of legal entities, individual entrepreneurs and public organisations and have been employed by the Ministry of Justice or its territorial body for at least 3 months after 1 May 2016;

- in case of refusal of state registration, the fee for state registration within the shortened timeframe is not refundable. If, however, the applicant resubmits documents for the relevant state registration within one month from the date of the decision to refuse, the fee for state registration within the reduced timeframe is not charged.

 

On 9 May 2023, the CMU adopted Resolution № 461 "On Amendments to the Procedure and Conditions for Providing in 2023 an Additional Subsidy 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". According to the amendments, the distribution and use of additional subsidies by the budgets of territorial communities located in the territories of Ukraine temporarily occupied by the Russian Federation, included in the list of territories where military operations are being (were) conducted or temporarily occupied by the Russian Federation, approved by the Ministry of Reintegration, for which the date of termination of the temporary occupation has not been determined, is carried out in agreement with the regional military administration.

 

The CMU's Order of 26 May №472-r "On the Allocation of the Educational Subvention Reserve from the State Budget to Local Budgets in 2023" allocated more than UAH 3.1 million of the educational subvention reserve to pay off salary arrears with accruals that arose in 2022 to the budget of the Vynohradivska village hromada in the Kherson Oblast, and the Government's Order № 432-r of 16 May 2023 allocated more than UAH 14.5 million of the reserve to the budgets of the Kindrashivska and Kupianska hromadas in the Kharkiv Oblast. UAH of reserves between the budgets of the Kindrashivska village and Kupianska town hromadas of the Kharkiv Oblast; Dolmativska village and Lazurnenska settlement hromadas of the Kherson Oblast.

 

On 26 May, the CMU issued Order № 463-r "On the Allocation of Subventions from the State Budget to Local Budgets in 2023 for the Payment of Monetary Compensation for Housing for Certain Categories of Persons Who Defended the Independence, Sovereignty and Territorial Integrity of Ukraine and Their Family Members". Almost UAH 1.70 billion was distributed among the oblast budgets of all Ukrainian oblasts and the budget of the city of Kyiv.

 

On 12 May 2023, the CMU issued Order №427-r "On Allocation of Funds from the State Budget Reserve Fund to Cover Expenses for September - December 2022 of State, Communal and Private Property Objects". The Ministry of Communities, Territories, and Infrastructure allocated more than UAH 180 million to provide additional subsidies from the state budget to local budgets to compensate municipal institutions, state educational institutions transferred to local budgets, and jointly owned institutions of municipalities of the oblast and rayon managed by oblast and rayon councils, to be distributed among oblast budgets in accordance with Annex 2 to this order.

 

On 15 May 2023, the Ministry of Reintegration of the Temporarily Occupied Territories of Ukraine issued Order № 143 "On Approval of Amendments to the List of Territories in which Military Operations are (were) Conducted or Temporarily Occupied by the Russian Federation". The List of Territories was updated.

 

On 25 May, the Antimonopoly Committee of Ukraine published its clarification № 5-rr/dd on the mechanism for calculating compensation in the field of passenger transportation. The clarification states that:

- state aid providers should ensure the development and approval of a regulatory or administrative act (methodology for calculating compensation for the provision of services in the field of passenger transportation, which are services of general economic interest, control, and review of such compensation), which should clearly define:

  • the mechanism on the basis of which compensation is calculated and reviewed, taking into account that the amount of compensation should not exceed the amount necessary to cover the net costs (net financial difference) between the costs incurred and the income received by the entity in providing the specified services, taking into account a reasonable level of profit;

  • measures to avoid and recover compensation in case of excessive compensation, which are imposed on the state aid provider;

  • the calculation of compensation for the provision of passenger transportation services, which are services of general economic interest, should be carried out by the providers of such services on the basis of a contract for the provision of passenger transportation services, which should contain:

    • the content and duration of the obligations to provide passenger transportation services, which are services of general economic interest;

    • the name of the business entity and the territory covered by its services;

    • are set in advance in an objective and transparent manner:

      • mechanism for calculating compensation, controlling and reviewing compensation (methods for calculating compensation for the provision of passenger transportation services that are services of general economic interest, controlling and reviewing such compensation);

      • a list of any exclusive or special rights granted to the business entity in relation to passenger transportation services that are services of general economic interest;

    • determining the list of distribution of costs associated with the provision of passenger transportation services, which are services of general economic interest;

    • determining the mechanism of distribution of revenue from the sale of travel tickets, which may: remain with carriers, be reimbursed to the state or local authorities that provide passenger transportation or be distributed between them;

- the methodology for calculating compensation for the provision of passenger transportation services that are services of general economic interest, controlling and reviewing such compensation should ensure that the amount of compensation does not exceed the amount necessary to cover the cost of fulfilling the obligation to serve the public, including a reasonable profit. Costs that are taken into account are all costs of providing a service of general economic interest. Revenues that are taken into account include all revenues derived from the provision of services of general economic interest, regardless of whether such revenues are classified as government assistance;

- the methodology for calculating compensation for the provision of passenger transportation services that are services of general economic interest, controlling and reviewing such compensation should establish that the business entity does not receive excessive compensation for the provision of services of general economic interest, as well as ways to prevent excessive compensation throughout the entire period of state aid and the mechanism for its return.

 

On 15 May 2023, the Ministry of Education and Science of Ukraine issued Order № 563 "On Approval of Methodological Recommendations on Certain Issues of Education in General Secondary Education Institutions under Martial Law in Ukraine". The Methodological Recommendations approved by the Order provide for the provision of:

- continuity of education for children under martial law;

- optimisation of the educational process for persons who simultaneously receive education in Ukraine and in the country of residence;

- assessment of learning outcomes;

- enrolment in an educational institution;

- transfer to students for the next year of study;

- crediting of learning outcomes;

- obtaining documents on education by pupils.

 

On 17 May 2023, the Ministry of Education and Science of Ukraine published a letter "On the Preparation of Educational Institutions for the New Academic Year and the Autumn-Winter Period 2023/24" № 1/6990-23. The letter suggests that

- to take into account the Instructional and Methodological Materials on the procedure for preparing an educational institution for the new academic year and the heating season on civil protection, labour protection and life safety, as communicated by the letter of the Ministry of Education and Science of Ukraine dated 22.07.2022 № 1/8462-22;

- to include specialists of territorial subdivisions authorised to carry out state supervision (control) in the relevant areas of economic activity in the commissions for acceptance of the readiness of an educational institution for the new 2023/24 academic year;

- to provide for the minimum requirements for the proper organisation of the educational process in civil defence structures of educational institutions.

 

On 17 May 2023, the Ministry of Education and Science of Ukraine published Letter № 1/6900-23 "On the organisation and implementation of measures to ensure the safety of the life of participants in the educational process during the summer holidays". This letter proposes:

- organise briefings with students on life safety before the start of the summer holidays (in particular, on actions to be taken in case of emergencies, actions to be taken in case of announcement of a threat of an emergency, including the Air Alert signal, fire safety, electrical safety, road safety, prevention of gastrointestinal diseases, rules of conduct in public places, as well as behaviour with strangers and objects, use of public transport, prevention of injuries at railway infrastructure facilities, rules of conduct on rivers and water bodies, etc.) according to the relevant instructions with registration in the relevant journals;

- to educate students about the rules of behaviour in conditions of rising air temperature, prevention of overheating in the sun, the procedure for providing first aid to victims of accidents, as well as unconditional compliance with restrictions to prevent the spread of acute respiratory disease COVID-19 caused by the SARS-CoV-2 coronavirus;

- check the knowledge of the procedure for actions in the event of an "Air Alert" signal, the general instructions on fire and industrial safety among security personnel, watchmen, and facility duty officers, as well as the procedure for monitoring compliance with the fire safety condition, inspecting territories and premises, the procedure for de-energising the power grid, and actions in the event of a fire or the activation of fire alarms and automatic fire extinguishing equipment;

- inform participants of the educational process about the prohibitions and risks of visiting forests and areas that may be mined or close to areas of hostilities, and communicate the recommendations of the State Emergency Service of Ukraine regarding the actions of the population in military emergencies, including the handling of explosive and suspicious objects;

- to keep the available shelters of the civil defence fund ready for their intended use and, in case of the "Air Alert" signal, to ensure the accommodation of personnel of educational institutions and the public in accordance with the approved algorithms (instructions);

- to conduct explanatory work with parents, adoptive parents and guardians of students to prevent accidents during summer holidays.

 

On 12 May, the digest of judicial practice of the Grand Chamber of the Supreme Court regarding decisions rendered by it for the period from 1 March to 30 April 2023 was published.

 

The Civil Court of Cassation of the Supreme Court in its ruling of 29 March 2023 in case № 563/376/22-c clarified the procedure for applying the legislation on the extension of a land lease agreement under martial law.

Law № 2145-ІХ, which came into force on 7 April 2022, amended the Land Code of Ukraine by adding paragraphs 27 and 28 of Section X "Transitional Provisions", according to which, during the martial law period, land lease agreements that expired after the introduction of martial law are considered to be renewed for one year without the will of the parties. These provisions of the Law expired on 19 November 2022, when the Law of Ukraine № 2698-IX dated 9 October 2022 "On Amendments to Certain Legislative Acts of Ukraine on Restoring the System of Registration of Lease Rights to Agricultural Land Plots and Improving Legislation on Land Protection" came into force. The analysis of the above provisions of the Land Code of Ukraine gave the court grounds to conclude that between 7 April 2022 and 19 November 2022, the land lease agreements were renewed for one year without the will of the parties to the agreement, which expired during this period. Since the disputed lease agreement was due to expire on 13 June 2022, pursuant to paragraph 27 of Section X "Transitional Provisions" of the Land Code of Ukraine, it is considered to have been renewed for one year without the will of the parties, i.e. until 13 June 2023. The law expressly defines the legal fact that the law connects the renewal of lease agreements without the will of the parties, and therefore the conclusions of the court of appeal that such automatic renewal was introduced by the legislator to simplify the execution of contracts for parties wishing to extend these legal relations does not correspond to the content of the above provisions of the law, the Civil Court of Cassation of the Supreme Court stated.

 

The Civil Court of Cassation of the Supreme Court in its decision of 19 April 2023 in case № 761/8294/21 clarified the peculiarities of applying guarantees of protection of labour rights of a corruption whistleblower. As set out in Article 53-3(1) of the Law on Prevention of Corruption, the rights of a whistleblower arise from the moment of reporting information about possible facts of corruption or corruption-related offences or other violations of the Law. Therefore, a person acquires the status of a whistleblower from the moment he or she reports information about a violation of the Law by another person. According to Article 53-4(1) of the Law, a whistleblower cannot be dismissed from work or subjected to other negative measures by his or her manager or employer in connection with the report. Negative measures also include formally lawful decisions and actions of a manager or employer of a selective nature that are not applied to other employees in similar situations. At the same time, the guarantees provided for in Article 53-4 of the Law apply not only to the fact that a person is a whistleblower, but also if there is a connection between the negative measures or threat of their application and the whistleblower's report. At the same time, the existence of such a connection is presumed and the burden of proof is on the defendant to prove its absence.

Therefore, the Civil Court of Cassation of the Supreme Court, having established that the plaintiff had acquired the status of a whistleblower from the moment of reporting a corruption violation, concluded that the plaintiff was dismissed in violation of the requirements of para. 2 of Part 1 of Article 53-4 of the Law, since the defendant applied to the plaintiff, who has the status of a whistleblower, negative measures of influence, which, although formally legitimate, are selective, since they were not applied to other employees in similar situations but were applied exclusively to the plaintiff without the consent of the NAPC.

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28.03.2024
Understanding the legal basis for volunteer involvement to be of great importance to municipalities
For local self-government officials, the U-LEAD Programme organised an information session on the peculiarities of volunteer involvement, terms and details of concluding agreements on volunteer activities, mechanisms for reimbursement of volunteers’ expenses, issuance of volunteer certificates and useful tips on volunteer accounting.
#volunteering
#lsg
#legislation
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21.03.2024
Why local authorities should support rural development: EU legislation and best practices
Rural areas make up more than 70% of the entire area of Ukraine. Their prosperity and development should be a priority for local authorities. One of the Wednesdays with U-LEAD events covered rural development standards in effect in the European Union and how local authorities and the state can benefit from them.
#advice
#legislation
#lsg
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20.03.2024
Voluntary civil defence units as an effective security tool
In the context of martial law, the local self-governments seek new opportunities to improve security. It is possible for municipalities to create VCDUs to assist other services. U-LEAD experts explain the way to do this.
#volunteering
#lsg
#advice
#legislation
#safety
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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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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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30.04.2023
Legal Corner. April 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 30.04.2023.
#legislation
#legal corner
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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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