Legal Corner. July 2023
Legal Corner. July 2023

Date: 31.07.2023

Author: Volodymyr Bozhko, Vasyl Polischuk

Photo: "Depositphotos"

A digest of all news on legislation in parts that may concern local self-government. This information is constantly updated. This version is current as of 31.07.2023.

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

On 30 July, the Law of Ukraine "On Amendments to Article 73 of the Labour Code of Ukraine" № 3258-IX dated 14 July 2023 came into force. This Law introduced the following holidays and non-working days:

- 15 July - Day of Ukrainian Statehood;

- 1 October - Day of Defenders of Ukraine;

- 25 December - Christmas Day.

 

On 13 July, the Verkhovna Rada of Ukraine adopted the Law "On Amendments to Certain Laws of Ukraine on Improving and Digitalising the Environmental Impact Assessment Procedure" № 3227-IX. This Law amended the following:

- the Law of Ukraine "On Environmental Impact Assessment";

- the Law of Ukraine "On Administrative Procedure".

The Law simplified the procedure for public hearings (especially in martial law):

- the procedure for holding consultations with local self-government bodies on environmental impact assessment and taking into account the results of such consultations when deciding on the possibility of carrying out the planned activity is established by the central executive body responsible for formulating state policy in the field of environmental protection;

- such consultations shall be conducted in written and/or electronic form during the period of public discussion of the environmental impact assessment report;

- public hearings will be held via videoconference, as indicated in the announcement of the start of the public discussion of the environmental impact assessment report and in the public discussion report;

- the environmental impact assessment of the planned activity to be carried out on the territories of territorial communities located in the area of military (combat) operations or under temporary occupation, encirclement (blockade) is not carried out, the terms for consideration of the submitted documentation are suspended, and no environmental impact assessment conclusions are issued in respect of such planned activity;

- in case of failure to provide comments and suggestions within the specified period for consultations, it is considered that there are no comments and suggestions;

- the information provided by local self-government authorities within the framework of consultations shall be entered by the authorized body into the Unified Register of Environmental Impact Assessment within one business day after the expiry of the public discussion of the environmental impact assessment report and shall be made public by means of the Unified Register of Environmental Impact Assessment.

This Law shall enter into force on 29.12.2023.

 

On 13 July, the Verkhovna Rada of Ukraine adopted the Law "On Amendments to Certain Laws of Ukraine in the Field of Electronic Communications to Determine the Period of Validity of Rules and Provisions Related to the Legal Regime of Martial Law" № 3245-IX. According to this Law, the martial law is valid for the period of martial law in Ukraine and for one year from the date of its termination or cancellation:

- the amount of a one-time and/or periodic fee for access to the infrastructure elements of access facilities is UAH 1 for customers of access to the infrastructure of access facilities - for facilities provided for in the scheme of placement of temporary structures for the life support of the population;

- the customer is granted access to the infrastructure of the access facility without the development and issuance of technical specifications for access and design documentation for access.

In addition, local governments are required to ensure the placement of systems, storage of backups and maintenance of public electronic registers in Ukraine within six months from the date of termination or cancellation of the legal regime of martial law in Ukraine.

 

On 13 July, the Verkhovna Rada of Ukraine adopted the Law "On Amendments to Certain Legislative Acts of Ukraine Concerning Peculiarities of Using Maternity Leave" № 3238-IX. This Law provides that:

- at the request of a woman and in the absence of medical contraindications, a part of the 70-calendar day leave provided for before childbirth may be transferred and used by a woman partially or fully after childbirth, starting from the day of childbirth. In this case, the total duration of the leave may not exceed 126 calendar days (140 calendar days in case of the birth of two or more children and in case of complications of childbirth);

- women belonging to the 1-3 categories of persons affected by the Chornobyl disaster are paid maternity benefits for the entire period of the said leave, which lasts 90 calendar days before childbirth and 90 calendar days after childbirth. At the request of the woman and in the absence of medical contraindications, a part of the 90 calendar days of leave provided for before childbirth may be transferred and used by the woman partially or fully after childbirth, starting from the day of childbirth.

 

On 28 July, the Verkhovna Rada of Ukraine adopted the Law "On the Procedure for Resolving Certain Issues of the Administrative and Territorial Structure of Ukraine" (registration № 8263). This Law defines the procedure for the formation, liquidation, establishment and change of the boundaries of administrative-territorial units, their naming and renaming, and other issues of the administrative-territorial structure of Ukraine.

This Law shall enter into force three months after its publication. It is now awaiting the signature of the President of Ukraine.

 

On 5 July, Presidential Decree № 374/2023 "On the Establishment of Military Administrations of Settlements in Zaporizhzhia Oblast" established military administrations in the following hromadas:

- Velykobilozerske village military administration of Vasylivka rayon, Zaporizhzhia oblast;

- Veselivka village military administration of Melitopol rayon, Zaporizhzhia oblast;

- Huliaypillia town military administration of Pologivskyi rayon, Zaporizhzhia oblast;

- Kostiantynivka village military administration of Melitopol rayon, Zaporizhzhia oblast;

- Malynivka village military administration of Pologivskyi rayon, Zaporizhzhia oblast;

- Myrnenska settlement military administration of Melitopol rayon, Zaporizhzhia oblast;

- Novouspenivka village military administration of Melitopol rayon, Zaporizhzhia oblast;

- Oleksandrivka village military administration of Melitopol rayon, Zaporizhzhia oblast;

- Fedorivka village military administration of Pologivskyi rayon, Zaporizhzhia oblast;

- Yakymivka village military administration of Melitopol rayon, Zaporizhzhia oblast.

 

On 31 July, the Cabinet of Ministers of Ukraine (CMU) adopted Resolution № 789 "On Amendments to the Procedure for Providing Accommodation Allowance to Internally Displaced Persons". According to this resolution, starting from 1 August 2023, the accommodation allowance will be granted for six months to an internally displaced person who has applied for the allowance for the first time and will be paid monthly to such person or to a person authorized by him/her in case of incapacity of the recipient or child. The allowance is allocated to each internally displaced person whose information is included in the Unified Information Database on Internally Displaced Persons. The application form for the provision of accommodation allowance to internally displaced persons, as well as the composition of the family of the authorized person, has been updated. It no longer includes:

- a person who is on full state support;

- a person who represents the interests of a child (displaced without a legal representative) and is in family or kinship relations with the child (grandparents, great-grandparents, adult brother, sister, aunt, uncle, stepfather, stepmother), but is not an internally displaced person, if the document confirming such relations with the child is issued by the children's service at the place of application;

- a person authorized by parents or other legal representatives to accompany the child, which is confirmed by a written statement of one of the legal representatives certified by the guardianship and custody authority;

- a person in whose family a child left without parental care has been placed (if there is a copy of the order of the children's service on temporary placement);

- a person who does not live together with the recipient and is not related to him/her by common life, which is confirmed by documents, or is abroad/missing/deported from Ukraine;

- a legal representative (for incapacitated or partially incapacitated persons, as well as children who have been appointed a guardian or trustee).

 

On 28 July, the CMU adopted Resolution № 782 "On the Start of the Academic Year during Martial Law in Ukraine". In accordance with paragraph 1 of the Resolution, the 2023/2024 academic year in general secondary education institutions will run from 1 September 2023 to 28 June 2024.

 

On 25 July, the CMU adopted Resolution № 771 "Some Issues of Implementation of the Pilot Project on Water Supply in Dnipropetrovska, Khersonska, Zaporizka and Mykolaivska Oblasts". The Resolution approved the "Procedure for Implementation of the Pilot Project on Water Supply in Dnipropetrovska, Khersonska, Zaporizka and Mykolaivska Oblasts", which defines the procedure for implementing the pilot project on construction, reconstruction and overhaul of artesian wells and drinking centralised water supply facilities in the above-mentioned oblasts. The participants of the pilot project are:

- Dnipro, Kherson, Zaporizhzhia and Mykolaiv oblast state administrations (military administrations);

- village, settlement, town councils and their executive bodies in Dnipropetrovska, Khersonska, Zaporizka and Mykolaivska oblasts or, if established, military administrations of settlements.

For the period of martial law, within the limits of the allocated budget funds, the participants of the pilot project shall implement the pilot project without the following documents:

- land plot allocation;

- relevant urban planning documentation;

- obtaining urban planning conditions and restrictions on land development;

- obtaining an expert opinion on the project documentation for the construction of facilities;

- obtaining the right to perform construction works;

- use of the Unified State Electronic System in the field of construction and registration of property rights to land plots;

- without conducting an environmental impact assessment.

 

On 25 July, the CMU adopted Resolution № 766 "Some Issues of Resumption of the Pilot Project on Entering Information on Land Plots by Certified Land Surveyors into the State Land Cadastre under Martial Law". This resolution relates to the pilot project on entering information on land plots by certified land surveyors into the State Land Cadastre. The list of such certified land surveyors is to be approved by the State Service of Ukraine for Geodesy, Cartography and Cadastre in consultation with the Ministry of Agrarian Policy and Food. In addition to the requirements established by law, certified land surveyors must meet the following criteria:

- work experience is at least two years;

- absence of decisions taken by the State Service of Ukraine for Geodesy, Cartography and Cadastre on deprivation, cancellation, suspension of the qualification certificate of a land surveyor on the grounds specified by the Law of Ukraine "On Land Management";

- the average number of land management documents developed and submitted by a land surveyor for entry into the State Land Cadastre (except for land management documents developed and submitted during the period of martial law) is not less than 100 per year;

- availability of a static (dedicated) IP address of the device (equipment) from which the certified land surveyor will exercise his/her powers.

 

On 21 July, the CMU adopted Resolution № 757 "Some Issues of Accessibility of Information and Communication Systems and Documents in Electronic Form". In accordance with paragraph 4 of this resolution, local governments are recommended to ensure:

- compliance with the requirements of DSTU EN 301 549:2022 when creating, modernising, developing, administering and ensuring the functioning of their own information, electronic communication and information and communication systems within the expenditures provided for the maintenance of the relevant bodies in the local budget, as well as from other sources not prohibited by law;

- modernisation of the official websites (web portals) of local self-government bodies, their own information, electronic communication and information and communication systems created before the entry into force of this resolution in order to bring them into compliance with the requirements of DSTU EN 301 549:2022;

- comply with the requirements of DSTU EN 301 549:2022 when creating and posting documents in electronic form on their own websites (web portals) and web resources.

 

On 18 July, the CMU adopted Resolution № 733 "On Amendments to Certain Resolutions of the Cabinet of Ministers of Ukraine on Household Waste Management". The following acts were amended:

- "Regulation on the Procedure for Granting Housing Subsidies, approved by Resolution of the Cabinet of Ministers of Ukraine No. 848 dated 21 October 1995 "On Simplification of the Procedure for Granting Subsidies to the Population for Reimbursement of Expenses for Housing and Utility Services, Purchase of Liquefied Gas, Solid and Liquid Heating Fuel";

- The Procedure for Holding a Tender for the Provision of Housing and Utility Services, approved by the Cabinet of Ministers of Ukraine on 21 July 2005, № 631;

- Resolution of the Cabinet of Ministers of Ukraine № 409 of 6 August 2014 "On Establishing State Social Standards in the Field of Housing and Communal Services";

- "Procedure for verifying the compliance of the quality of certain utilities and apartment building management services with the parameters stipulated in the agreement on the provision of the relevant services", approved by Resolution of the Cabinet of Ministers of Ukraine No. 1145 dated 27 December 2018;

- "Procedure for Granting Benefits for Payment for Housing and Utility Services, Purchase of Solid Fuel and Liquefied Gas in Cash", approved by Resolution of the Cabinet of Ministers of Ukraine No. 373 of 17 April 2019 "Some Issues of Providing Housing Subsidies and Benefits for Payment for Housing and Utility Services, Purchase of Solid Fuel and Liquefied Gas in Cash".

 

On 18 July, the CMU adopted Resolution № 731 "On Approval of Procedures for Restoration and Development of Regions and Territorial Hromadas". This resolution approved:

- the Procedure for Determining the Recovery Area, which contains requirements for indicators for assigning territorial hromadas and micro-regions, a mechanism for selecting and assigning territorial hromadas and micro-regions to recovery areas;

- the Procedure for the Development, Implementation and Monitoring of the Regional Recovery and Development Plan and the Recovery and Development Plans of Territorial Hromadas.

 

On 18 July, the CMU adopted Resolution № 727 "On Amendments to Certain Resolutions of the Cabinet of Ministers of Ukraine on the Operation of the Unified State Electronic System in the Field of Construction". This Resolution amended the following Government acts:

- "Regulation on the Central Fund of Construction Standards", approved by the CMU Resolution № 483 dated 23 June 2010;

- "Model Regulation on the Fund of Sectoral Construction Standards", approved by the CMU Resolution № 483 dated 23 June 2010;

- The Procedure for Commissioning of Completed Construction Objects, approved by the Resolution of the Cabinet of Ministers of Ukraine № 461 of 13 April 2011 "Issues of Commissioning of Completed Construction Objects";

- The Procedure for Performing Preparatory and Construction Works, approved by the Resolution of the Cabinet of Ministers of Ukraine № 466 dated 13 April 2011 "Some Issues of Preparatory and Construction Works";

- "Regulations on Data Sets to be Disclosed in the Form of Open Data", approved by the Resolution of the Cabinet of Ministers of Ukraine of 21 October 2015 № 835;

- Resolution of the Cabinet of Ministers of Ukraine № 681 of 23 June 2021 "Some issues of ensuring the functioning of the Unified State Electronic System in the field of construction";

- "Procedure for Maintaining the Unified State Electronic System in the Field of Construction", approved by Resolution of the Cabinet of Ministers of Ukraine № 681 of 23 June 2021.

 

On 18 July, the CMU adopted Resolution № 723 "On Amendments to Resolutions of the Cabinet of Ministers of Ukraine dated 10 May 2018 No. 432 and No. 433". This resolution amended the following acts of the Government:

- "Procedure for conducting electronic auctions for the sale of small-scale privatisation objects and determining additional conditions of sale", approved by Resolution of the Cabinet of Ministers of Ukraine № 432 dated 10 May 2018;

- The Procedure for Selecting Operators of Electronic Platforms for Organising Electronic Auctions for the Sale of Small-Scale Privatisation Objects and Authorising Electronic Platforms, approved by Resolution of the Cabinet of Ministers of Ukraine № 433 "On Approval of the Procedure for Selecting Operators of Electronic Platforms for Organising Electronic Auctions for the Sale of Small-Scale Privatisation Objects, Authorising Electronic Platforms and Determining the Administrator of the Electronic Trading System" dated 10 May 2018.

 

On 14 July 2023, the CMU adopted Resolution № 775 "Some Issues of Exercising the Rights of Victims of Industrial Accidents and Occupational Diseases to Receive Social Services". This Resolution:

- amended Resolution № 438 of the Cabinet of Ministers of Ukraine dated 28 April 2023 "Some Issues of Organising the Provision of Social Care and Medical Services to Victims of Industrial Accidents and Occupational Diseases in Need of Them";

- victims of industrial accidents and occupational diseases who, according to the conclusion of the medical advisory commission and/or a medical report on the ability to self-care and the need for outside assistance, are reimbursed for the costs of social services for home care and social services provided in the form of in-kind assistance before the month of entry into force of this Resolution.

 

On 14 July 2023, the CMU adopted Resolution № 721 "On Approval of the Procedure for Crediting Funds to Special Accounts for the Implementation of Investment Programmes in the Field of Household Waste Management, Using the Funds and Controlling Their Spending". This Resolution sets out the mechanism for crediting funds for the implementation of investment programmes in the field of household waste management to special accounts of household waste management entities that carry out operations for the recovery and/or disposal of household waste in accordance with the procedure established by law, using these funds and exercising control over their expenditure.

 

On 14 July 2023, the CMU adopted Resolution № 716 "On Amendments to the Procedure and Conditions for Providing Subventions from the State Budget to Local Budgets for the Provision of Safe Conditions in General Secondary Education Institutions". In accordance with paragraph 2 of this resolution, local councils could submit project applications for the provision of safe conditions in general secondary education institutions (except for those related to the construction, reconstruction, and overhaul of civil protection facilities of general secondary education institutions) by 27 July 2023.

 

On 11 July, the CMU adopted Resolution № 743 "On Amendments to Resolution of the Cabinet of Ministers of Ukraine No. 76 of 27 January 2023 "Some Issues of Implementation of the Provisions of the Law of Ukraine "On Mobilisation Preparation and Mobilisation" on Reservation of Persons Liable for Military Service for the Period of Mobilisation and for Wartime".

According to the amendments, the number of persons liable for military service who are subject to reservation and hold positions of the fifth to seventh categories in local self-government bodies must be 50 per cent of the number of persons liable for military service in the local self-government body as of the date of submission of the list.

The criteria for determining enterprises, institutions, and organisations that are critical to the functioning of the economy and the livelihoods of the population during a special period have also been clarified.

 

On 11 July, the Cabinet of Ministers adopted Resolution № 709 "Some issues of support for internally displaced persons". According to this Resolution:

- starting from 1 August 2023, for internally displaced persons who have moved from the territories included in the list of territories where hostilities are (were) conducted or temporarily occupied by the Russian Federation, as well as for persons whose residential premises were destroyed or unfit for living as a result of hostilities, the payment of accommodation allowance is automatically extended for one six-month period;

- the payment of assistance is not extended to persons who:

  • stay abroad for more than 30 consecutive calendar days. The 30-day period of staying abroad does not include days of business trips, children's rehabilitation, internships, treatment, rehabilitation, which is confirmed by relevant documents, in particular at the invitation of the host party, as well as days of staying abroad for reasons such as the death of family members and relatives, care for a sick child under the age of 18, stay in healthcare facilities, judicial and law enforcement agencies, in connection with which the person could not return from abroad of his/her own free will and can confirm such events.

  • are serving a sentence in a penitentiary;

  • have been convicted of a criminal offence under Articles 109, 110, 111 or parts three to eight of Article 111-1 of the Criminal Code of Ukraine, or are wanted;

  • have returned to their abandoned place of residence in the territories included in the list of territories for which the date of the end of hostilities (termination of the possibility of hostilities) or temporary occupation has not been determined.

Starting from 1 September 2023, the payment of assistance to internally displaced persons will be terminated if the verification results show that after the entry into force of this resolution, such person:

- acquired a vehicle (mechanism) subject to registration in accordance with the procedure established by law, less than five years from the year of issue of which have passed (except for a moped or trailer);

- purchased a land plot, apartment (house) (except for housing received or purchased at the expense of the state or local budget), other real estate, securities and other financial instruments, and virtual assets for an amount exceeding UAH 100 thousand;

- has funds in a deposit bank account in the total amount exceeding UAH 100 thousand or domestic government bonds, the maturity of which has come to an end or is determined at the time of the claim, in the total amount exceeding UAH 100 thousand

- carried out transactions for the purchase of non-cash and/or cash foreign currency (except for currency received from charitable organisations or purchased to pay for medical, social and/or educational services), as well as precious metals for a total amount exceeding UAH 100 thousand;

- owns a dwelling/part of a dwelling located in the territories not included in the list of territories for which the date of completion of hostilities or temporary occupation has been determined (except for dwelling that is unfit for human habitation, as documented by local authorities, or a dwelling (part of a dwelling with an area of less than 13.65 square metres per family member);

- was and after the displacement is on full state support in a baby home, orphanage, children's home, children's boarding school, psychoneurological boarding school, boarding school for the elderly and persons with disabilities, special boarding school of the social protection system;

- has been and, after displacement, is on full state support in a boarding school, a specialised military (military-sports) education institution.

 

On 11 July, the CMU adopted Resolution № 704 "On Approval of Criteria for Assessing the Admissibility of State Aid to Business Entities for Providing Services for Creation and/or Selection, Organisation and Distribution of Mass Media, which are Services of General Economic Interest". This resolution approved the criteria for assessing the admissibility of state aid to business entities provided to promote certain types of economic activity, in particular

- services for the creation and/or selection, organisation and distribution of mass media aimed at meeting the democratic, informational, social and cultural needs of Ukrainian society;

- services for the creation and/or selection, organisation and distribution of mass information of audiovisual media and foreign broadcasting aimed at meeting the democratic, informational, social and cultural needs of Ukrainian society and objective informing of foreign audiences about events in Ukraine and the world, which are services of general economic interest.

The eligibility of state aid is not assessed if the following conditions are met:

- the recipient of the compensation fulfils its obligations to provide services of general economic interest as set out in the agreement and/or regulatory and/or administrative act;

- the mechanism for calculating the compensation ensures that the recipient entity does not have an economic advantage over other competing entities;

- the compensation is not excessive, namely: it does not exceed the amount necessary to cover in full or in part the costs incurred as a result of fulfilling obligations to provide such services, the relevant income and reasonable profit for the provision of such services;

- an entity providing services of general economic interest is selected through an open tender procedure or any other competitive procedure provided for by law, which allows for the selection of the lowest bid for the provision of such services. If this condition cannot be met, the amount of compensation shall be determined considering the results of an analysis of the costs that a typical business entity could incur if it had all the necessary means to provide services of general economic interest, the relevant income, and a reasonable profit to fulfil the obligations.

 

On 7 July 2023, the CMU adopted Resolution № 696 "On Amendments to Resolution of the Cabinet of Ministers of Ukraine No. 609 dated 16 June 2023 "Some Issues of Elimination of the Consequences of the Armed Aggression of the Russian Federation Caused by the Explosion of the Kakhovka Hydroelectric Power Plant Dam in Kherson Region". This Resolution sets out in a new wording the Procedure for the Use of the Fund for Liquidation of the Consequences of Armed Aggression, which is directed to the restoration of damaged/destroyed residential real estate because of the undermining of the Kakhovka Hydroelectric Power Plant dam as a result of the armed aggression of the Russian Federation and the provision of compensation for such objects. The Procedure clarifies the areas of possible use of the funds from the fund for liquidation of the consequences of armed aggression. Thus, compensation will be provided for:

- compensation for damaged/destroyed residential real estate (including summer cottages and garden houses);

- restoration of damaged residential real estate (including country and garden houses);

- new construction of residential real estate for persons who have lost their homes, development, and examination of project documentation for the construction of such facilities, including new neighbourhoods.

This Resolution also provides for additional funds for Mykolaiv Oblast in the amount of UAH 341.8 million.

 

On 7 July 2023, the CMU adopted Resolution № 695 "Some Issues of Implementation of Investment Programmes in the Field of Household Waste Management". The Resolution was adopted pursuant to Article 36 of the Law of Ukraine № 2320-ІХ "On Waste Management" dated 20 June 2022 and establishes mechanisms for monitoring the implementation of investment programmes in the field of household waste management. This resolution approves the Procedure for Monitoring the Implementation of Investment Programmes in the Field of Household Waste Management, which is carried out by the executive bodies of village, settlement, and town councils.

 

On 7 July 2023, the CMU adopted Resolution № 689 "On Amendments to Resolution of the Cabinet of Ministers of Ukraine No. 214 dated 7 March 2022 "Some Issues of Provision of State Social Assistance and Benefits for the Period of Martial Law". This Resolution introduced the extension of social benefits (in particular, state social assistance for orphans and children deprived of parental care, persons among them, including persons with disabilities, financial support for foster parents and adoptive parents for the provision of social services in family-type children's homes and foster families on the principle of "money follows the child") for persons temporarily residing abroad who have not submitted a

- re-examination of a child with a disability, which took place during the period of martial law;

- proof of education of a child who has reached the age of 18.

 

On 7 July 2023, the CMU adopted Resolution № 686 "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 stipulates that if the customer is a healthcare institution that procures medicines and medical devices according to the list (specified in the annex to this resolution), the cost of which is equal to or exceeds UAH 50 thousand, such procurement is carried out using an electronic catalogue in accordance with the "Procedure for the Formation and Use of the Electronic Catalogue" approved by the Resolution of the Cabinet of Ministers of Ukraine № 822 dated 14 September 2020.

On 4 July 2023, the CMU adopted Resolution № 677 "On Amendments to Certain Resolutions of the Cabinet of Ministers of Ukraine on Public Procurement". This Resolution amended the following Government resolutions:

- № 166 dated 24 February 2016 "On Approval of the Procedure for the Functioning of the Electronic Procurement System and Authorisation of Electronic Platforms";

- "Procedure for the Formation and Use of the Electronic Catalogue", approved by the Resolution of the Cabinet of Ministers of Ukraine № 822 of 14 September 2020;

- "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 the Legal Regime 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 7 July 2023, the CMU issued Resolution № 609-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 expands the list of administrative services provided by local self-government bodies in the exercise of delegated powers, which are mandatory for provision through administrative service centres, by adding the following services:

- entering into the Register of Construction Activities the information specified in the notification on change of data in the submitted notification on preparatory works at the facility (change of information on the start of preparatory works/correction of a technical error);

- entering the information specified in the submitted declaration with correction of a technical error in the declaration of readiness for operation of the facility, the construction of which was carried out on the basis of a construction passport, into the Register of Construction Activities;

- entering into the Register of Construction Activities the information specified in the declaration of readiness for operation of individual (manor) houses, garden houses, country houses, household (homestead) buildings and structures, agricultural buildings and structures that are classified as objects with minor consequences (CC1), built on a land plot of the relevant designated purpose without a permit for construction works;

- entering into the Register of Construction Activities the information specified in the declaration with the correction of a technical error in the submitted declaration of readiness for operation of individual residential buildings, garden and country houses, outbuildings and structures, agricultural buildings and structures that are classified as objects with minor consequences (CC1), built on a land plot of the relevant designated purpose without a permit for construction works;

- entering the information specified in the application for termination of the right acquired on the basis of a notice of commencement of construction works in respect of objects whose construction is carried out on the basis of a construction passport into the Register of Construction Activities;

- amendments to the construction passport for the development of a land plot;

- cancellation of urban planning conditions and restrictions (except for objects that are classified as objects with medium (CC2) and significant (CC3) consequences and objects subject to the Law of Ukraine "On State Secrets");

- correction of the address of the object under construction (based on the project documentation);

- entering the information specified in the declaration into the Register of Construction Activities with the correction of a technical error in the submitted declaration of readiness for operation of the facility with minor consequences (CC1);

- entering information specified in the declaration with correction of a technical error in the submitted declaration of readiness for operation of an unauthorisedly constructed object to which the ownership is recognised by a court decision into the Register of Construction Activities;

- issuance of an extract from the information and analytical system "Accounting of information on bringing a person to criminal liability and having a criminal record";

- passing a theoretical exam to obtain the right to drive vehicles of the relevant category.

 

On 7 July 2023, the Cabinet of Ministers of Ukraine issued Resolution № 606-r "On Redistribution of the Amount of Educational Subvention from the State Budget to Local Budgets in 2023". This order reallocated educational subvention funds between certain local budgets of communities from Volyn, Zhytomyr, Mykolaiv, Poltava, Kharkiv, Kherson and Chernivtsi oblasts in the total amount of over UAH 106 million.

 

On 4 July 2023, the Cabinet of Ministers of Ukraine issued Resolution № 596-r "On the Distribution of Subventions from the State Budget to Local Budgets for the Implementation of Projects under the Ukraine Recovery Programme in 2023". Pursuant to this order, the Government allocated a subvention from the state budget to certain communities from Vinnytsia, Dnipropetrovs'k, Zhytomyr, Kyiv, Kirovohrad, Odesa, Poltava, Sumy, Cherkasy, and Chernihiv oblasts in the total amount of over UAH 5.2 billion.

 

On 13 July, the Ministry of Reintegration of the Temporarily Occupied Territories of Ukraine issued Order № 199 "On Approval of Amendments to the List of Territories in which Military Operations are (were) Conducted or Temporarily Occupied by the Russian Federation". This order expanded the list of territories where hostilities are ongoing and have ceased.

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#internally displaced persons
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28.03.2024
Understanding the legal basis for volunteer involvement to be of great importance to municipalities
For local self-government officials, the U-LEAD Programme organised an information session on the peculiarities of volunteer involvement, terms and details of concluding agreements on volunteer activities, mechanisms for reimbursement of volunteers’ expenses, issuance of volunteer certificates and useful tips on volunteer accounting.
#volunteering
#lsg
#legislation
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21.03.2024
Why local authorities should support rural development: EU legislation and best practices
Rural areas make up more than 70% of the entire area of Ukraine. Their prosperity and development should be a priority for local authorities. One of the Wednesdays with U-LEAD events covered rural development standards in effect in the European Union and how local authorities and the state can benefit from them.
#advice
#legislation
#lsg
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20.03.2024
Voluntary civil defence units as an effective security tool
In the context of martial law, the local self-governments seek new opportunities to improve security. It is possible for municipalities to create VCDUs to assist other services. U-LEAD experts explain the way to do this.
#volunteering
#lsg
#advice
#legislation
#safety
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14.03.2024
Changes in the Medical Guarantee Programme and how to use them for the benefit of patients and hospitals
U-LEAD experts told the participants of the info session about the expansion of the Medical Guarantee Programme and changes in the financing of services, the inspection of healthcare facilities by the National Health Service and the improvement of services for patients.
#healthcare
#advice
#legislation
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05.03.2024
Changes in the legislation on humanitarian aid: who is affected and how to proceed?
U-LEAD experts informed representatives of local self-government about important changes in the legislation regarding humanitarian and charitable aid, its import, accounting and use.
#legislation
#advice
#war
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29.02.2024
Legal Corner. February 2024
A digest of all news on legislation in parts that may concern local self-government. This version is current as of 29.02.2024.
#legal corner
#legislation
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01.03.2024
Cessation of ownership of destroyed municipal property: U-LEAD explains the procedure
Since the beginning of the full-scale Russian aggression, a lot of the Ukrainian municipalities have suffered from the destruction, so the issue of the cessation of ownership of the destroyed municipal property is an urgent one. The various events of the U-LEAD with Europe programme for specialists in local self-government have been devoted to this issue, with the clarification of the algorithms of action in specific cases.
#war
#lsg
#legislation
#reconstruction
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01.03.2024
Filing declarations for employees of local self-government in 2024: deadlines, requirements and clarification
The declaration campaign for the 2023 reporting period is open until 31 March 2024. Income declarations must be submitted by local government employees, members of local councils and other declaration filers.
#legislation
#lsg
#advice
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29.02.2024
Recording destruction and damage of property: Algorithm of actions for local self-government bodies
The enemy keeps launching rocket attacks and shelling the territories of the municipalities, causing a lot of destruction and damage to the infrastructure and to the private property. Full recovery requires not only funds, but also a specific recording process, with local self-government bodies playing a key role. Learn more about the algorithm of actions for recording destruction and its peculiarities in the commentary of the U-LEAD expert.
#war
#lsg
#legislation
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29.02.2024
Hospital CEO appointment: from competition announcement to contract signing
The U-LEAD experts explained to the representatives of municipalities the algorithm of holding a competition for the position of the healthcare facility CEO and clarified the issue of part-time work and competition procedures during the martial law period.
#healthcare
#legislation
#advice
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19.02.2024
Local self-government employees must declare property located in the temporarily occupied territories
According to the updated Clarifications of the National Agency on Corruption Prevention, the declaration filer must include in the declaration information about any real estate belonging to them and their family members, including any real estate located in the temporarily occupied territories.
#legislation
#advice
#lsg
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31.01.2024
Legal Corner. January 2024
A digest of all news on legislation in parts that may concern local self-government. This version is current as of 31.01.2024.
#legal corner
#legislation
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31.12.2023
Legal Corner. December 2023
A digest of all news on legislation in parts that may concern local self-government. This version is current as of 31.12.2023.
#legislation
#legal corner
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19.12.2023
Paid social services: Who should pay, what services are provided on a paid basis and how much do they cost?
Since 2020, the provision of social services has been transferred to the municipal level. Reasonably, the question of funds for payment of these services for certain categories of recipients arose. U-LEAD experts clarified the cases when social services may be provided on a paid basis and how their differentiated fees are calculated.
#legislation
#analytics
#social services
#advice
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15.12.2023
Despite the war, decisions on local budgets for 2024 are subject to mandatory publication!
What must be made public in terms of budget documents under martial law? When and where should the decision on the budget 2024 be made public? What to do if the municipality has lost access to its Internet resources, what are the alternative information platforms for publishing the decision?
#finances
#advice
#legislation
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29.11.2023
New requirements for providing bomb shelters in municipalities: clarification of U-LEAD experts
New requirements for providing bomb shelters came into force on the 1st of November. How will these innovations affect their reconstruction and overhaul? What additional restrictions should local self-government bodies keep in mind when equipping protective facilities from now on?
#legislation
#war
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28.11.2023
Expert: Municipalities can allocate the free balance of the budget only to certain directions
The President of Ukraine signed Law No. 3428-IX “On Amendments to Section VI of the Budget Code of Ukraine on Ensuring the Support of the State’s Defence Capabilities and the Development of the Defence and Industrial Complex of Ukraine” dated 8 November 2023. This Law lists directions for the municipalities to allocate free local budget balances under martial law.
#legislation
#local budgets
#advice
#news
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27.11.2023
Аnti-corruption legislation: What has changed for local self-government bodies?
On clarification of changes for local self-government bodies with the entry into force of Law of Ukraine No. 3384-ІХ “On Amendments to Certain Laws of Ukraine on Defining the Procedure for Submission of Declarations by Persons Authorised to Perform State or Local Self-Government Functions under Martial Law”.
#legislation
#anti-corruption
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30.11.2023
Legal Corner. November 2023
A digest of all news on legislation in parts that may concern local self-government. This version is current as of 30.11.2023.
#legal corner
#legislation
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17.11.2023
Decolonisation of toponyms: To be implemented by municipalities by January 2024
How exactly should local self-government bodies implement the Law of Ukraine “On Condemnation and Prohibition of Propaganda of Russian Imperial Policy in Ukraine and Decolonisation of Toponymy”.
#derussification
#news
#legislation
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31.10.2023
Legal Corner. October 2023
A digest of all news on legislation in parts that may concern local self-government. This version is current as of 31.10.2023.
#legislation
#legal corner
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29.09.2023
Legal Corner. September 2023
A digest of all news on legislation in parts that may concern local self-government. This version is current as of 30.09.2023.
#legal corner
#legislation
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29.09.2023
Teacher appraisals: details of the procedure
How exactly to carry out the appraisals of teaching staff in 2023/2024? What are the procedures for the scheduled appraisal as well as extraordinary appraisals initiated by the employee/manager? U-LEAD’s expert answers these questions.
#advice
#legislation
#education
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27.09.2023
Dismissal from the local self-government bodies under martial law
U-LEAD adviser clarifies the powers of employers, the rights of employees and the general provisions under which employment can be terminated in local self-government bodies.
#working issues
#legislation
#advice
#lsg
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05.09.2023
Lakes and ponds, waterworks, aquaculture: How to manage "water resources" for municipalities
The participants of the "Coffee with Experts" discussion, hosted by the U-LEAD with Europe Regional Office in Odesa Oblast, learned about the management, and history of local water resources and the reform process in this area.
#news
#legislation
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05.09.2023
Infographics: Developing recovery plans
U-LEAD experts analysed the legislation and made infographics to show you the stages and timelines of recovery plans, the components of these plans and who develops them.
#recovery
#legislation
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28.08.2023
Municipalities and U-LEAD experts analyzed the innovations in legislation in the field of water resources management
During the event in the Coffee with Experts format, the municipalities of the Poltava, Kharkiv and Cherkasy Oblasts spoke with U-LEAD experts on Spatial Planning and Natural Resource Management about the updates in the water resources management legislation and approaches to water resources management.
#news
#legislation
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25.08.2023
Can the municipality finance the needs of the military at the expense of local budgets? U-LEAD clarifies
At the event for Cherkasy municipalities, a hot topic was discussed: solving financial issues under martial law. The participants familiarized themselves with changes in the legislation in the spheres of financial and budgetary relations of the local government, worked out urgent issues of the implementation of the powers of the local government and discussed the powers to finance the needs of the military at the expense of local budgets.
#finances
#war
#advice
#legislation
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11.08.2023
An employee of a local self-government body is a blood donor: how not to violate their rights?
U-LEAD experts provided clarification on donor guarantees to employees of local self-government bodies who voluntarily donate blood and its components. These include an additional day of rest and leave on the day of examination and donation. What to do if the employee must be present at the workplace on the day of blood donation?
#legislation
#lsg
#advice
#healthcare
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26.07.2023
The Law No. 3050: Expert explains changes for local self-government bodies/military administrations on setting individual tax exemptions
The Law No. 3050 "On Amendments to the Tax Code of Ukraine and Other Legislative Acts of Ukraine on Exemption from Environmental Tax, Land Payment and Real Estate Tax Other Than a Land Plot for Destroyed or Damaged Real Estate" has recently come into force. What impact does it have on local self-government bodies and what are the new powers of municipalities?
#legislation
#environment
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14.07.2023
On the simplified procedure for local taxes and fees for the period of martial law
The participants of the information session, held by U-LEAD in partnership with the Southern Interregional Department of the State Regulatory Service of Ukraine, learned about the peculiarities of regulatory policy during the war, the possibility for local councils to adopt acts under a simplified procedure, as well as the pitfalls of such indulgences.
#finances
#war
#advice
#legislation
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11.07.2023
Things to know about archives and the document nomenclature in 2023
The participants of the information session, held by U-LEAD in partnership with the State Archives of Mykolaiv Oblast, learned about the peculiarities of archival affairs and record keeping in municipalities.
#advice
#legislation
#lsg
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11.07.2023
U-LEAD helps municipalities to understand public procurement for budget funds
Read our material about public procurement for budget funds, authorised persons and municipalities' work with experts from the Institute for Budgetary and Socio-Economic Research (IBSER).
#local budgets
#advice
#legislation
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30.06.2023
Legal Corner. June 2023
A digest of all news on legislation in parts that may concern local self-government. This information is constantly updated. This version is current as of 30.06.2023.
#legal corner
#legislation
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04.07.2023
The Law “On Waste Management” enters into force
U-LEAD experts offer you an infographic dedicated to the related changes, requirements and responsibilities of local governments.
#legislation
#news
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04.07.2023
How to deal if a local government employee stayed in the temporarily occupied territory and was forced to obtain a Russian passport?
U-LEAD experts provided explanations on personnel issues related to the work of local self-government under occupation.
#war
#legislation
#advice
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21.06.2023
U-LEAD with Europe jointly with tax authorities explains peculiarities of taxes and fees payment under martial law to municipalities of Kharkiv Oblast
During the joint information session, the U-LEAD with Europe Regional Office and the Main Department of the State Tax Service in Kharkiv Oblast discussed changes to the tax legislation under martial law and the ability of local self-government representatives to ensure the flow of their own resources to local budgets.
#war
#legislation
#finances
#local budgets
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21.06.2023
What annual leave can a local self-government employee expect in 2023?
Participants of the U-LEAD information session learned about the rules for granting annual leave under martial law, restrictions, refusals, compensation and legislative regulation of this process. You can also find out!
#lsg
#legislation
#advice
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14.06.2023
Role of Regional Departments of Health at the current stage of medical reform
Read our experts’ analytical article to find out more about the competencies, duties, functions, past and future of the Regional Departments of Health.
#health care
#legislation
#advice
#analytics
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31.05.2023
Legal Corner. May 2023
A digest of all news on legislation in parts that may concern local self-government. This information is constantly updated. This version is current as of 31.05.2023.
#legal corner
#legislation
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30.05.2023
Expert: Despite the war, municipalities must release public information as per the laws
Read more to learn about the balance between transparency and security, requirements for local self-government to release information under martial law and the use of the “three-fold test” in this process, as well as how the municipalities can determine whether to restrict access to the information.
#advice
#legislation
#war
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19.05.2023
Practical advice for employers when using e-services of the Pension Fund of Ukraine
U-LEAD with Europe held an info session where the participants learned about the innovations of the e-services of the Pension Fund of Ukraine and the features of the e-sick leave service, learned about typical errors when filling out e-documents and clarified how to settle sick leave.
#advice
#legislation
#news
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30.04.2023
Legal Corner. April 2023
A digest of all news on legislation in parts that may concern local self-government. This information is constantly updated. This version is current as of 30.04.2023.
#legislation
#legal corner
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12.04.2023
Introduction of the minimum tax liability will increase revenues to municipal budgets
U-LEAD adviser explains how the new Law No. 1914 affects the Tax Code, changes for agricultural land tenants and how to pay the minimum tax liability correctly.
#news
#legislation
#advice
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06.04.2023
Accounting for humanitarian aid in relocated municipalities
Ihor Ahibalov talks about the lack of a legal framework and regulations to be followed when receiving and distributing humanitarian aid.
#legislation
#advice
#international support
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27.03.2023
New law gave municipalities additional tools for fire brigades
U-LEAD presents the changes in legislation and explains their significance.
#news
#legislation
#volunteer fire brigades
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27.03.2023
Legal Corner. March 2023
A digest of all news on legislation in parts that may concern local self-government. This information is constantly updated. This version is current as of 27.03.2023.
#legislation
#legal corner
#digest
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16.03.2023
Protecting workers and preventing fines
These are the tasks set by the State Labour Service for municipalities in March.
#legislation
#advice
#business
#enterpreneurship
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14.03.2023
Certification of local self-government officials under martial law
U-LEAD experts discussed its procedure.
#war
#advice
#legislation
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09.03.2023
How does martial law affect access to public information? U-LEAD experts explain
Since the outset of the full-scale invasion, information security, protection of personal data and counteracting misinformation in the municipalities have become critical challenges for local self-government.
#war
#public information
#legislation
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28.02.2023
Legal Corner. February 2023
A digest of all news on legislation in parts that may concern local self-government. This information is constantly updated. This version is current as of 28.02.2023.
#legal corner
#legislation
#digest
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28.02.2023
Prohibition or permission to travel abroad. Who in the municipalities is affected by the new Law?
The Government has amended the rules for crossing the border, introducing a number of restrictions that also affect local self-government.
#legislation
#news
#war
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27.02.2023
About territories where you can not pay some types of taxes - a conversation with experts in the Kharkiv oblast
The regional office of the Programme, together with the Main Department of the State Tax Service in the Kharkiv oblast, organised an information session for more than 40 municipalities.
#legislation
#finances
#news
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16.02.2023
U-LEAD experts in partnership with the State Tax Service explain legislative innovations to municipalities
The U-LEAD with Europe Programme works together with partners to improve the tax culture of the population and the businesses community.
#legislation
#finances
#news
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16.02.2023
U-LEAD experts explained to municipalities the procedure for allocating land shares under martial law
The procedure for allocating land shares became a topic for discussion at Coffee with Experts, an event held by the Regional Office of U-LEAD with Europe in the Zaporizhzhia oblast.
#land lease
#news
#legislation
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01.02.2023
Legislative support: municipalities can establish local and volunteer fire brigades
Read more to learn about the latest changes in legislation, organisation and support of local fire and rescue units.
#volunteer fire brigades
#news
#legislation
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26.01.2023
The importance of a Law on Administrative Procedure for citizens in general and for local self-government in particular, based on the German example
Interview with Ms. Manuela Söller-Winkler, State Secretary retd., International Expert of U-LEAD with Europe
#legislation
#reform of the local self-government
#germany
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31.01.2023
Legal Corner. January 2023
A digest of all news on legislation in parts that may concern local self-government. This information is constantly updated. This version is current as of 31.01.2023.
#legislation
#legal corner
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31.12.2022
Legal Corner. December 2022
A digest of all news on legislation in parts that may concern local self-government. This information is constantly updated. This version is current as of 31.12.2022.
#legislation
#legal corner
#digest
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30.11.2022
Legal Corner. November 2022
A digest of all news on legislation in parts that may concern local self-government. This information is constantly updated. This version is current as of 30.11.2022.
#digest
#legal corner
#legislation
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31.10.2022
Legal Corner. October 2022
A digest of all news on legislation in parts that may concern local self-government. This information is constantly updated. This version is current as of 31/10/2022.
#digest
#legislation
#legal corner
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