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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:
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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:
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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;
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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);
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UAH 9000 for persons holding positions of junior medical staff in healthcare institutions;
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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:
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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;
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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);
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UAH 8000 for persons holding positions of junior medical staff in healthcare institutions.
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- 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:
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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;
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measures to avoid and recover compensation in case of excessive compensation, which are imposed on the state aid provider;
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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:
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the content and duration of the obligations to provide passenger transportation services, which are services of general economic interest;
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the name of the business entity and the territory covered by its services;
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are set in advance in an objective and transparent manner:
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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);
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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;
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determining the list of distribution of costs associated with the provision of passenger transportation services, which are services of general economic interest;
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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;
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- 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.