Legal Corner. June 2023
Legal Corner. June 2023

Date: 30.06.2023

Author: Volodymyr Bozhko, Vasyl Polischuk

Photo: "Depositphotos"

A digest of all news on legislation in parts that may concern local self-government. This information is constantly updated. This version is current as of 30.06.2023.

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

On 22 June, the Law of Ukraine № 3120-IX "On Amendments to Certain Laws of Ukraine on Regulation of the Competitive Procedure for Appointment of Heads of Municipal Cultural Institutions and Formation of the Basic Network of Cultural Institutions" of 29 May 2023 came into force. This Law provides that:

- Heads of municipal cultural institutions in settlements with a population of up to 5,000 inhabitants may be appointed without competition by concluding a contract with them based on the results of an interview with a person who has higher education, at least three years of experience in the field of culture, speaks the state language and is capable of performing the relevant job duties by their business and moral qualities, educational and professional level (in accordance with the first paragraph of part one of Article 21-1 of the Law "On Culture");

- exclusion of an institution from the basic network of cultural institutions, its reorganization or liquidation shall be carried out only upon agreement within one month with the relevant central executive body responsible for the formation of state policy in the field of culture and/or cinema and/or other areas to which the activities of this institution belong, with simultaneous notification of the central executive body implementing state policy in the fields of arts and specialized art education. Exclusion of an institution from the basic network of cultural institutions is allowed provided that the provision of cultural services to the population is provided by another cultural institution or cultural educational institution within the territory of the relevant territorial community in compliance with the requirements for accessibility and quality of cultural services.

 

On 30 May, the Verkhovna Rada of Ukraine adopted two Resolutions: № 3135-IX "On the exercise by the heads of Hirske, Popasna and Sievierodonetsk town military administrations of Sievierodonetsk district, Luhansk region, of the powers provided for in part two of Article 10 of the Law of Ukraine "On the Legal Regime of Martial Law" and № 3134-IX "On the exercise by the heads of military administrations of settlements in Kramatorsk and Pokrovsk districts of Donetsk region of the powers provided for in part two of Article 10 of the Law of Ukraine "On the Legal Regime of Martial Law".

In accordance with these Resolutions, during the period of martial law in Ukraine and 30 days after its termination or cancellation:

- the heads of Hirske, Popasna and Sievierodonetsk town military administrations of Sievierodonetsk district of Luhansk region; Andriivka, Illinivka village, Novodonetsk, Oleksandrivka settlement military administrations of Kramatorsk district, Kryvyi Rih village, Hrodivka, Udachne settlement, Bilozersk, Novohrodivka town military administrations of Pokrovsk district of Donetsk region:

  • in addition to the powers referred to their competence by the Law of Ukraine "On the Legal Regime of Martial Law", exercise the powers of the relevant village, settlement, town councils, their executive committees, and the relevant village, settlement, town mayors;

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

- the apparatuses of Bilozerka, Hirka, Novohrodivka, Popasna, and Sievierodonetsk city councils; Andriivka, Illinivka, Kryvyi Rih village, Hrodivka, Novodonetsk, Oleksandrivka, Udachne settlement councils and their executive committees, other executive bodies, their municipal enterprises, institutions, and organisations are subordinated to the head of the relevant military administration of the settlement.

 

On 6 June, Presidential Decree № 319/2023 "On the Establishment of a Military Administration" was issued, establishing the Natalynske Rural Military Administration of Krasnohrad District, Kharkiv Oblast.

 

On 27 June, the Cabinet of Ministers of Ukraine adopted Resolution № 651 "On Cancellation of the Quarantine Imposed to Prevent the Spread of the Acute Respiratory Disease COVID-19 Caused by the Coronavirus SARS-CoV-2 throughout Ukraine". This Resolution canceled the quarantine and, along with it, the regulations that had been in force exclusively during this period. It also reduced the basic rate of payment for housing and communal services, purchase of liquefied gas, solid and liquid heating oil in case of housing subsidies (from 20 to 15 percent of the average monthly total household income).

 

On 27 June, the Cabinet of Ministers adopted Resolution № 643 "On Redistribution of Certain State Budget Expenditures Envisaged for the Ministry of Health for 2023 and Amendments to the Procedure and Conditions for Providing Subventions from the State Budget to Local Budgets in 2023 to Support Certain Healthcare Facilities and Measures". This Resolution allocated the subvention from the state budget to all regional budgets and the budget of the city of Kyiv in the total amount of almost UAH 377.5 million.

 

On 24 June, the Cabinet of Ministers of Ukraine adopted Resolution № 638 "On Amendments to the Procedure and Conditions for Providing Subventions from the State Budget to Local Budgets for the Restoration of Critical Infrastructure Facilities under the Urban Infrastructure Development Project - 2 Joint Project with the International Bank for Reconstruction and Development". This resolution sets out a new version of Annex 1 to the above-mentioned Procedure and Conditions, which updates the distribution of the above-mentioned subvention from the state budget between the local budgets of Zhytomyr, Brovary, Mykolaiv, Kremenchuk, Kharkiv, and Kherson town territorial hromadas under the Urban Infrastructure Development Project - 2 joint project with the International Bank for Reconstruction and Development in 2023 in the total amount of over UAH 2 billion.

 

On 19 June, the Cabinet of Ministers of Ukraine adopted Resolution № 650 "On Regulation of Prices for Certain Types of Food Products and Ensuring Stable Operation of Food Producers under Martial Law". According to this Resolution, for the period of martial law and three months after its termination or cancellation, the maximum level of trade margin (mark-up) is set at up to 10%, including advertising, marketing services, services for preparation, processing, packaging, and other services related to the sale of the respective goods to the final consumer, for the following domestically produced food products (except for goods labeled as organic)

- wheat flour of the highest grade;

- pasteurized milk with a fat content of 2.5 percent;

- rye-wheat bread and loaf;

- chicken eggs of category C1;

- poultry (chicken carcasses, chicken carcass quarters);

- refined sunflower oil.

It should be recalled that in accordance with subparagraph 2) of paragraph b) of Article 28 of the Law of Ukraine "On Local Self-Government in Ukraine", the delegated powers of executive bodies of village, settlement, and town councils include control over compliance with prices and tariffs.

 

On 19 June, the CMU adopted Resolution № 625 "Some Issues of Household Waste Management in Special Conditions". This Resolution approves the "Procedure for Household Waste Management in Special Conditions", which is aimed at regulating relations in the field of household waste management:

- in the territories included in the list of territories where military operations are (were) conducted or temporarily occupied by the Russian Federation, the list of which is approved by the Ministry of Reintegration;

- during liquidation of the consequences of man-made, natural or military emergencies.

This Procedure provides for the establishment of an authorized body - an executive body of a village, settlement, town council, or military administration of a settlement - to ensure that the relevant territory addresses issues of household waste management, establishes rules for the improvement of the territory of the settlement in accordance with the law, maintains cleanliness and order in the settlement, organizes the improvement and monitors its condition. An authorized body must be established in the following cases (clause 8 of the Procedure):

- limited provision of household waste management services in special conditions - places of temporary storage of household waste;

- the inability to provide household waste management services in special conditions - temporary storage sites for household waste on the adjacent territories of apartment buildings, public areas, territories of enterprises, institutions, organisations, and their assigned territories under the terms of the contract.

Temporary storage sites for household waste (specially equipped land plots intended under special conditions for temporary storage of household waste prior to its disposal or removal in a manner that does not pose a threat to human health and the environment) are organized in compliance with the requirements of environmental and fire safety, environmental protection, rational use and reproduction of natural resources, as well as sanitary and epidemiological requirements, in particular:

- at a distance of 2 km from water bodies, 0.5 km from residential and public buildings, social infrastructure facilities, 0.2 km from agricultural land, public roads and railway lines of the general network, 0.05 km from forests, 1 km from objects and territories of the nature reserve fund;

- if there is a solid and even base (coating), in particular, concrete, asphalt, or compacted soil covered with a layer of geomembrane with a thickness of at least 1.5 mm, protected from mechanical damage by a layer of at least 0.5 m thick;

- if there is a well-equipped entrance and access roads that ensure unimpeded passage of vehicles;

- if there is a system of organized drainage of water generated because of precipitation (if necessary).

Sites for the temporary storage of household waste (land plots on public areas, adjacent territories, territories of enterprises, institutions, organizations, and their assigned territories under the terms of the contract, intended under special conditions for the temporary storage of household waste before its utilization or disposal in a manner that does not pose a threat to human health and the environment) should be determined in compliance with the following requirements:

- the distance from the boundaries of land plots of educational and healthcare facilities, walls of residential and public buildings and structures, and playgrounds for children and recreation should be at least 30 m;

- the distance from the boundaries of household plots from the side of streets in the territory of estate development of settlements should be at least 8 m;

- the presence of a solid and even base (surface), in particular, concrete or asphalt;

- availability of equipped entrances and access roads that ensure unimpeded passage of vehicles;

- availability of a system of organized drainage of water generated because of precipitation (if necessary).

The executive bodies of village, settlement, town councils, and military administrations of settlements are recommended to take measures aimed at fulfilling the requirements of this Government Resolution.

 

On 19 June, the CMU adopted Resolution № 621 "On Amendments to the 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 Legal Regime of Martial Law in Ukraine and within 90 days from the date of its termination or cancellation". This Resolution sets out in a new wording the subsection "Peculiarities of Procurement Procedures for Energy Services" (paragraphs 68-76) of the "Peculiarities of Public Procurement of Goods, Works and Services for Customers Provided for by the Law "On Public Procurement" for the Period of Martial Law in Ukraine and within 90 days from the date of its termination or cancellation", approved by Resolution of the Cabinet of Ministers of Ukraine № 1178 dated 12 October 2022.

 

On 16 June, the CMU adopted Resolution № 608 "On Approval of the Procedure and Conditions for Providing Subventions from the State Budget to Local Budgets for the Design, Restoration, Construction, Modernisation, Arrangement, Repair of Public Construction Objects, Social Sphere, Cultural Heritage, Housing and Communal Services, and Other Objects Affecting the Life of the Population".

This Resolution approves the above-mentioned "Procedure and Conditions", which define the mechanism for providing budgetary funds provided for in the state budget under the budget programme "Subvention from the state budget to local budgets for the design, restoration, construction, modernisation, arrangement, repair of public construction facilities, social sphere, cultural heritage, housing and communal services, and other facilities that have an impact on the life of the population".

The Ministry of Infrastructure is the main subvention administrator and responsible executor of the relevant budget programme. Subvention managers for local budgets are determined by the decision of the relevant local council on such a budget. The subvention will be distributed among local budgets in the amount determined by the formula specified in paragraph 4 of the above-mentioned "Procedure and Conditions".

 

On 16 June, the CMU adopted Resolution № 614 "On Approval of the Rules for Consumer Services". This Resolution approves the Rules, which define the basic requirements for consumer services and establish the specifics of regulating the relationship between the consumer and the provider of consumer services in Ukraine. The control over compliance with these Rules is vested in executive authorities and local self-government bodies within the powers established by law (paragraph 11 of the Rules).

 

On 16 June, the CMU adopted Resolution № 612 "On Amendments to Resolution of the Cabinet of Ministers of Ukraine № 391 of 25 April 2023 "Some Issues of Remuneration of Employees of State Bodies and Local Self-Government Bodies during Martial Law". So now:

- the location of the employee's workplace will be determined by the head of the state body (head of the civil service, appointing authority) by approving the relevant list of employees who exercise their powers directly in the territories where hostilities are (were) conducted;

- employees of state bodies for the period of their work in the territories that are not classified as the territories where hostilities are (were) conducted or temporarily occupied by the Russian Federation, approved by the Ministry of Reintegration of the Temporarily Occupied Territories, shall be paid salaries based on the official salaries determined by law.

 

On 16 June, the Cabinet of Ministers adopted Resolution № 607 "On Amendments to the Procedure and Conditions for Providing Compensation for Utilities Consumed during the Accommodation of Internally Displaced Persons in Buildings (Premises) of State, Communal and Private Property during the Period of Martial Law". This resolution stipulates that the allocation of funds from the state budget reserve fund to provide compensation will be made on a non-refundable basis, in accordance with Government Resolution № 415 of 29 March 2002 "On Approval of the Procedure for the Use of the Budget Reserve Fund".

 

On 13 June, the Cabinet of Ministers adopted Resolution № 624 "Some issues of ensuring the functioning of the State Register of Property Damaged and Destroyed as a Result of Hostilities, Terrorist Acts, and Sabotage Caused by the Armed Aggression of the Russian Federation against Ukraine". This Resolution approved the Procedure for Maintaining the State Register of Property Damaged and Destroyed as a Result of Hostilities, Terrorist Acts, and Sabotage Caused by the Armed Aggression of the russian federation against Ukraine.

The purpose of creating the Register of Damaged and Destroyed Property:

- formation of a unified national geoinformation system for collecting, recording, and protecting data on property damaged or destroyed as a result of hostilities, terrorist acts, and sabotage caused by the armed aggression of the Russian Federation against Ukraine;

- providing individuals and legal entities, public authorities, local governments, enterprises, institutions, and organisations with reliable information for national and international protection of the rights of persons whose property is damaged or destroyed.

Local governments are recommended to ensure:

- entering information into the Register of damaged and destroyed property:

  • on damaged and destroyed real estate objects;

  • owners of real estate;

- uploading commission inspection reports, technical reports and other documents confirming damage or destruction of property.

 

On 13 June, the CMU adopted Resolution № 619 "On Approval of the Procedure for the Use of Funds Provided for in the State Budget for Infrastructure Development and Restoration". This Resolution approves the above-mentioned Procedure, which defines the mechanism for the use of funds provided for in the state budget under the budget programme "Infrastructure Development and Restoration" to be directed by the Restoration Agency to ensure the design, restoration, construction, modernisation, repair of construction objects (public, social, cultural heritage, housing and communal services, engineering, transport, railway, energy infrastructure, other objects that have an impact on the living conditions of the population).

The Recovery Agency is the main administrator of budget funds and the responsible executor of the budget programme. Recipients of budgetary funds are state-owned enterprises and organisations that fall under the management of the Recovery Agency. However, in accordance with clause 5 of this Procedure, budget funds may be used, among other things, to provide financial support to local governments for the implementation of measures to alienate land plots and other real estate located on them for public needs or for reasons of public necessity, as well as to perform design and survey works.

 

On 13 June, the Cabinet of Ministers adopted Resolution № 601 "On Implementation of the Pilot Project to Improve the Procedure for Providing Subsidies to the Population to Reimburse the Costs of Housing and Utility Services, Purchase of Liquefied Natural Gas, Solid and Liquid Heating Fuel". This Resolution approved the "Procedure for Implementing a Pilot Project to Improve the Procedure for Providing Subsidies to the Population to Reimburse Expenses for Housing and Utility Services, Purchase of Liquefied Gas, Solid and Liquid Heating Fuel".

In accordance with the above Procedure, to receive a housing subsidy under the pilot project, a citizen of Ukraine, a foreigner and a stateless person who are legally residing in Ukraine shall personally submit an application for the appointment and provision of a housing subsidy:

- to the bodies of the Pension Fund of Ukraine, including in case of sending them by post or in electronic form (through the web portal of electronic services of the Pension Fund of Ukraine, mobile application of the Pension Fund of Ukraine);

- to authorised officials of the executive body of the village, town or city council of the relevant territorial community or military administration and officials of the administrative service centre, who submit them in the form of an electronic file within three business days from the date of their receipt by the Pension Fund of Ukraine;

- if technically possible, in electronic form by means of the Unified State Web Portal of Electronic Services (‘Diia’ Portal).

To establish the eligibility of an applicant's household for a housing subsidy, the Pension Fund of Ukraine bodies checks households for compliance with the requirements set out in the Regulation on the Procedure for Awarding Housing Subsidies within 10 working days and prepares a completed application and declaration for each household. Based on the results of reviewing the simplified application, the completed application and declaration, and determining the amount of the housing subsidy, the Pension Fund of Ukraine decides to grant or refuse to grant the housing subsidy.

The Pension Fund of Ukraine shall notify the insured person of the decision, the amount of housing subsidy (in case of housing subsidy), the reasons for refusal, and the procedure for appealing the decision within three working days from the date of such decision:

- through the personal electronic account of the insured person on the web portal of electronic services of the Pension Fund of Ukraine - to the applicant who submitted a simplified application through the web portal of electronic services of the Pension Fund of Ukraine;

- via the Pension Fund of Ukraine mobile application - to an applicant who has submitted a simplified application using the Pension Fund of Ukraine mobile application;

- via the ‘Diia’ Portal - to an applicant who submitted a simplified application via the ‘Diia’ Portal;

- by e-mail - to an applicant who submitted a simplified application in paper form.

The relevant notification is sent together with the application and declaration prepared by the Pension Fund of Ukraine.

 

On 13 June, the CMU issued Resolution № 596 "Some Issues of Implementation of the Law "On Guaranteeing Real Rights to Real Estate Objects to be Constructed in the Future". This Resolution approved the "Procedure for Extension of the Law "On Guaranteeing Real Rights to Real Estate Objects to be Constructed in the Future" to Construction Objects and their Component Parts, which, after acceptance into operation of the completed construction object, will become independent real estate objects (apartment, garage box, other residential or non-residential premises, parking space, etc.), the right to perform construction works in respect of which was acquired before the entry into force of the said Law".

 

On 9 June, the CMU adopted Resolution № 588 "On Approval of the Procedure for Determining Losses of Forestry Production". This resolution approves the above-mentioned Procedure, which establishes the procedure for determining and compensating for forestry production losses caused by the withdrawal of forest land and shrubs (forested land covered with forest vegetation, unbroken forest crops, forest nurseries, plantations, sparse forests, burns, dead plantations, log cabins, glades, forest roads, clearings, firebreaks, etc.) for use for purposes other than forestry.

 

On 6 June, the CMU adopted Resolution № 568 "On Amendments to the Procedure for Providing Employers with Compensation for Labour Costs for Employment of Internally Displaced Persons as a Result of Hostilities during Martial Law in Ukraine". According to this Resolution, the term "internally displaced person" means a person who, after the introduction of martial law by the Decree of the President of Ukraine № 64 "On the Introduction of Martial Law in Ukraine" dated 24 February 2022, received a certificate of registration of an internally displaced person in accordance with the "Procedure for Issuing and Issuing a Certificate of Registration of an Internally Displaced Person" approved by the Resolution of the Cabinet of Ministers of Ukraine № 509 "On Registration of Internally Displaced Persons" dated 1 October 2014.

 

On 2 June, the CMU adopted Resolution № 556 "Some Issues of the Functioning of the Web Portal Diia. Digital Hromada". This Resolution approved the "Regulation on the web portal "Diia. Digital Hromada" web portal, which was created to provide local state administrations, local self-government bodies, individuals, and legal entities with the information necessary to plan and implement measures aimed at digital development, digital transformation, and digitalisation at the local and regional level.

This Resolution recommends that local governments:

- appoint responsible officials to work with the web portal "Diia. Digital Hromada web portal";

- to publish information on planning and implementation of the "Diia. Digital Hromada web portal"; publish information on the planning and implementation of measures aimed at digital development, digital transformation, and digitalisation of the territorial hromada.

 

On 2 June, the CMU adopted Resolution № 559 "On Approval of the Procedure and Conditions for Providing a Subvention from the State Budget to Local Budgets in 2023 for the Establishment of a Network of Specialised Support Services for Victims of Domestic Violence and/or Gender-Based Violence". The aforementioned "Procedure and Conditions" define the mechanism for providing a subvention from the state budget to local budgets in 2023 to create a network of specialised support services for victims of domestic and/or gender-based violence. The subvention will be allocated to:

- reconstruction, restoration, completion, overhaul and current repair of existing premises and/or purchase of items, materials, equipment and supplies for the arrangement of new shelters for victims of domestic and/or gender-based violence, day centres for social and psychological assistance to survivors of domestic violence and/or gender-based violence, and specialised primary social and psychological counselling services for survivors of domestic violence and/or gender-based violence;

- reconstruction, overhaul and current repair of shelters, day centres and counselling services damaged as a result of hostilities;

- creation of civil defence structures, dual-purpose structures and simple shelters in shelters, day centres and counselling services;

- reconstruction, restoration, completion, overhaul and current repair of existing premises and/or purchase of items, materials, equipment and inventory, including long-term use, to increase the number of beds in shelters and day centres;

- ongoing repair of vehicles of mobile teams of social and psychological assistance to victims of domestic and/or gender-based violence, formed at shelters, day centres and counselling services, damaged because of hostilities.

 

On 2 June, the CMU adopted Resolution № 553 "Some Issues of Organising Employment of Persons with Disabilities". This Resolution approved the "Procedure for Providing the State Employment Service with Information Necessary for Organising Employment of Persons with Disabilities", which defines the mechanism for providing an enterprise, institution, organisation, individual using hired labour, or a branch of an interregional/regional employment centre with information necessary for organising employment of persons with disabilities.

 

On 1 June, the CMU adopted Resolution № 576 "On Amendments to Certain Resolutions of the Cabinet of Ministers of Ukraine on the Implementation of Adoption and Placement of Orphans and Children Deprived of Parental Care in Families of Ukrainian Citizens during Martial Law". This Resolution amended the following acts of the Cabinet of Ministers of Ukraine:

- "Regulations on Family-type Children's Homes", approved by Resolution № 564 of 26 April 2002;

- Regulation on Foster Care, approved by Resolution № 565 of 26 April 2002;

- The Procedure for the Conduct of Activities Related to the Protection of Children's Rights by Guardianship and Trusteeship Authorities, approved by Resolution № 866 of 24 September 2008;

- The Procedure for Conducting Adoption Activities and Supervising the Observance of the Rights of Adopted Children, approved by Resolution № 905 of 8 October 2008.

 

On 1 June, the CMU adopted Resolution № 546 "On the Temporary Relocation (Evacuation) of Children and Persons Residing or Enrolled in Institutions of Various Types, Forms of Ownership and Subordination for a Twenty-Four-Hour Stay, and Their Return". This Resolution approved the Procedure for Temporary Relocation (Evacuation) of Children and Persons Residing or Enrolled in Institutions of Various Types, Forms of Ownership and Subordination for Twenty-Four-Hour Stay and Their Return to the Place of Permanent Residence (Stay), and in the Case of Travelling Outside Ukraine - to Ukraine. Temporary relocation (evacuation) of children and persons from institutions will be carried out based on the results of an assessment of the safety of children and persons in institutions, which will be carried out by the regional and Kyiv city military administrations in cooperation with the relevant district military administrations, executive bodies of village, town, and city councils (military administrations of settlements) at the place of permanent location of the institutions.

 

On 30 May, the CMU adopted Resolution № 600 "On Approval of the Procedure for Providing Compensation for Destroyed Real Estate". The above Procedure defines the mechanism for providing compensation for destroyed real estate and its use in accordance with the Law of Ukraine "On Compensation for Damage and Destruction of Certain Categories of Real Estate as a Result of Hostilities, Terrorist Acts, Sabotage Caused by the Armed Aggression of the Russian Federation against Ukraine and the State Register of Property Damaged and Destroyed as a Result of Hostilities, Terrorist Acts, Sabotage Caused by the Armed Aggression of the Russian Federation against Ukraine".

 

On 30 May, the CMU adopted Resolution № 565 "On Amendments to Resolution of the Cabinet of Ministers of Ukraine No. 381 of 21 April 2023 "On Approval 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". According to this Resolution:

- the executive bodies of village, settlement, town, district councils, military administrations of the settlement are recommended to take measures to organise waste management in accordance with the requirements of the "Procedure for Waste Management Generated Due to Damage (Destruction) of Buildings and Structures as a Result of Hostilities, Terrorist Acts, Sabotage or Works to Eliminate Their Consequences", approved by the Cabinet of Ministers of Ukraine on 27 September 2022 № 1073;

- the recipient of 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 is an individual citizen of Ukraine who has reached the age of 18 and has submitted an application via the ‘Diia Portal’, in particular using the ‘Diia Portal’ mobile application, or in any other way, and is the owner (co-owner) of the damaged property, the ownership of which has been confirmed;

- the compensation shall be used only for repair works that have not been carried out as of the date of the checklist, except for emergency works or urgent conservation works. Within twelve months from the date of receipt of the compensation, the recipient of the compensation must use it for the activities provided for in the first paragraph of this clause in accordance with the checklist. The construction products purchased with the compensation shall be used exclusively for repair works at the damaged facility and may not be sold, donated or otherwise alienated;

- to consider the issue of compensation, the executive bodies of village, settlement, town, district councils, military administrations of the settlement shall establish a commission to consider the issue of compensation for damaged real estate because of hostilities, terrorist acts, sabotage caused by the armed aggression of the Russian Federation against Ukraine. The commission is composed of representatives of the authorised body and the public. The commission must include a specialist who has obtained a higher education in the field of knowledge "Construction and Architecture", except for the speciality "Geodesy and Land Management", or a person with experience in the field of construction.

 

On 9 June, the CMU issued Resolution № 504-r "On Amendments to the Annex to the Resolution of the Cabinet of Ministers of Ukraine No. 523 dated 16 May 2014 "Some Issues of Provision of Administrative Services through Administrative Service Centres". This Order amended the list of administrative services provided by local governments in the exercise of delegated powers, which are mandatory for provision through administrative service centres.

 

On 9 June, the CMU issued Resolution № 503-r "On the Allocation of the Reserve of Educational Subvention from the State Budget to Local Budgets in 2023". This order allocates the reserve of the educational subvention from the state budget to certain local budgets in 2023 in the total amount of almost UAH 75 million.

 

On 2 June, the CMU issued Resolution № 491-r "On Amendments to Annex 23 to Resolution of the Cabinet of Ministers of Ukraine No. 8 of 3 January 2023 "On Approval of the Distribution of Additional Subsidies for the Expenditures Transferred from the State Budget for the Maintenance of Educational and Healthcare Institutions between Local Budgets in 2023". This order allocated the subsidy between the local budgets of Chernivtsi region for 2023 in the total amount of almost UAH 115 million.

 

On 1 June, the CMU issued Resolution № 482-r "On Redistribution of the Subvention from the State Budget to Local Budgets for Support of Certain Healthcare Facilities and Measures Provided to the Ministry of Health for 2023", which redistributed the amount of the above subvention between the regional budgets of Ternopil and Chernivtsi oblasts and the city of Kyiv.

 

On 30 May, the Cabinet of Ministers issued Resolution № 478-r "On the Distribution in 2023 of Subventions from the State Budget to Local Budgets for the Payment of Monetary Compensation for Housing for Internally Displaced Persons Who Defended the Independence, Sovereignty and Territorial Integrity of Ukraine", which allocated over UAH 2 billion of the above subvention between oblast budgets and the budget of the city of Kyiv.

 

On 31 May, the Ministry of Reintegration of the Temporarily Occupied Territories of Ukraine issued Order № 164 "On Approval of Amendments to the List of Territories Where Military Operations are (Were) Conducted or Temporarily Occupied by the russian federation". This order updated the List of territories where hostilities are (were) conducted.

22.04.2024
New Training program: "Development of the Statute of the Municipality"
Do you want to normalize relations with the public and strengthen interaction with citizens? Do you have to regulate the tools of local democracy at the local level? Do you want to openly, transparently and effectively involve citizens in decision-making at the local level? Join the training program from "U-LEAD with Europe"!
#training programmes
#legislation
#lsg
#announcements
Read more
17.04.2024
Provide support and assistance: Local self-government authorities to implement veteran policy
Developing a comprehensive approach to support veterans and their families, creating a high-quality veteran policy, as well as arranging systematic work to provide services to veterans and their families at the appropriate level are the tasks that require significant human, financial and organisational resources from local self-government bodies. U-LEAD experts explained how to effectively implement this policy in the municipality.
#war
#lsg
#legislation
#advice
Read more
11.04.2024
The Fastiv municipality, Kyiv Oblast, introduces the one-stop shop for veterans
The status of a veteran should be stigmatised or associated with a bunch of issues that no one knows how to solve. Rather, it is an honourable status that means respectful treatment and real support. Almost every municipality in Ukraine is now undergoing the evolution from the first to the second, dignified approach. The municipality of Fastiv has come far, from volunteer initiatives to comprehensive changes in veterans’ policies.
#war
#lsg
#legislation
Read more
31.03.2024
Legal Corner. March 2024
A digest of all news on legislation in parts that may concern local self-government. This version is current as of 31.03.2024.
#legislation
#legal corner
Read more
29.03.2024
Children and war: How can municipalities ensure proper care and protection?
U-LEAD experts have systematised information on the powers of local self-government bodies in the field of protection of children’s rights and talked about the main functions of the guardianship and custodianship body under martial law.
#war
#safety
#legislation
#internally displaced persons
Read more
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
Read more
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
Read more
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
Read more
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
Read more
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
Read more
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
Read more
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
Read more
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
Read more
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
Read more
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
Read more
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
Read more
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
Read more
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
Read more
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
Read more
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
Read more
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
Read more
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
Read more
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
Read more
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
Read more
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
Read more
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
Read more
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
Read more
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
Read more
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
Read more
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
Read more
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
Read more
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
Read more
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
Read more
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
Read more
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
Read more
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
Read more
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
Read more
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
Read more
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
Read more
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
Read more
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
Read more
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
Read more
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
Read more
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
Read more
31.05.2023
Legal Corner. May 2023
A digest of all news on legislation in parts that may concern local self-government. This information is constantly updated. This version is current as of 31.05.2023.
#legal corner
#legislation
Read more
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
Read more
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
Read more
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
Read more
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
Read more
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
Read more
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
Read more
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
Read more
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
Read more
14.03.2023
Certification of local self-government officials under martial law
U-LEAD experts discussed its procedure.
#war
#advice
#legislation
Read more
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
Read more
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
Read more
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
Read more
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
Read more
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
Read more
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
Read more
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
Read more
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
Read more
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
Read more
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
Read more
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
Read more
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
Read more
See more
##education ##studytour #4pager #accomodation #accounting #accounting #Administrative Service Center #administrative service centres #administrative service delivery #administrative-territorial division #advice #analytics #analytics #animal treatment #announcement #announcements #anti-corruption #ASC #autonomy #brand #bridges of trust #business #business #capacity development #catalog of events #citizen services #comment #communications #communications #community dialog #community dialog #Constitutional amendments #corruption #COVID-19 #crises #culture #cycling infrastructure #data #decentralisation #decentralisation #Denmark #derussification #development strategy #digest #digital transformation #digitalisation #digitalization #Diia #document management #Donetsk #e-governance #eco-tourism #economy #education #education #emergency aid #emergency aid #emergency management #energy efficiency #energy security #energy security #enterpreneurship #environment #environment #events #factsheet #finances #finances #financial management #financing #food #food safety #food security #France #Gender #gender aspects #gender aspects #germany #grant #health care #healthcare #healthcare #heating #heating #heating season #hromada #IDPs #intermunicipal cooperation #intermunicipal cooperation #internally displaced persons #internally displaced persons #international cooperation #international cooperation #International Expert Exchange #international support #interview #investment #investment #investment passport #investors #Italy #Kherson #land improvements #land lease #land reform #legal corner #legal entities #legal issues #legal personality #legislation #legislation #lemon #Letter for leaders #local budget #local budgets #local budgets #local development #local elections #local self-government reform #lsg #lsg #Magdeburg law #Magdeburg law #manual #map #MinDigit #mobility #mobility #municipal property #municipal property #municipality #news #online visit #online-plattform #organisational structure #partnership #personnel policy #PIT #planning #points of invincibility #presentation #project management #ProZorro #public finance #public information #public policy #public purchase #public space #question - answer #reconstruction #reconstruction #recovery #recovery #reform of the local self-government #regional development #report #Republic of Slovenia #research #research #results #reverse subsidies #road safety #safety #safety #safety in municipality #safety specialist #savings #school transport #schools #schools #Sea of Azov #sectoral reforms #shelter #social media #social services #social services #Spain #spatial planning #spatial planning #starostas #statistics #Steering committee #steps #steps for specialists #steps for specialists #Steps for Starostas #survey #sustainable energy #sustainable mobility #tas #tax #tips #tourism #traffic rules #training programmes #training programmes #Transcarpathia #transport #Trembita #U-LEAD #U-LEAD #utilities #utilities #vocational education #volunteer fire brigades #volunteering #volunteers #wall banner #war #war #waste management #waste management #water supply #WEDNESDAY #woman's leadership #working issues #workshops #youth #youth councils #Zaporizhzhia