Legal Corner. September 2023
Legal Corner. September 2023

Date: 29.09.2023

Author: Volodymyr Bozhko, Vasyl Polischuk

Photo: "Depositphotos"

A digest of all news on legislation in parts that may concern local self-government. This version is current as of 30.09.2023.

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

 

On 26 September 2023, the Cabinet of Ministers of Ukraine (CMU) adopted Resolution № 1031 "On Approval of the Procedure for Setting the Weighted Average Tariff for Household Waste Management Services, as well as Tariffs for Collection, Transportation, Recovery, and Disposal of Household Waste". This Resolution approved the above Procedure, which defines the mechanism for setting the weighted average tariff for household waste management services, as well as tariffs for collection, transportation, recovery, and disposal of household waste.

 

On 26 September 2023, the CMU adopted Resolution № 1022 "On Amendments to the Regulation on Preschool Education Institutions", approved by Resolution № 305 of the CMU of 12 March 2003. This Resolution supplemented the above Regulation with the section "Enrolment, transfer and expulsion of pupils of state (municipal) preschool education institutions under martial law".

 

On 19 September 2023, the CMU adopted Resolution № 1023 "Issues of Providing Educational Subventions from the State Budget to Local Budgets (under the Special Fund of the State Budget) in 2023". This Resolution:

– reduced the number of consumption expenditures under the program 2211190 "Educational subvention from the state budget to local budgets" in the amount of more than UAH 413 million and set development expenditures under the said program for the corresponding amount;

– the amount of the educational subvention from the state budget to local budgets in 2023 was distributed among the regional budgets of all regions of Ukraine and the city of Kyiv in the amount of more than UAH 413 million;

– the "Procedure and Conditions for Providing Educational Subventions from the State Budget to Local Budgets (under the Special Fund of the State Budget) in 2023" was approved.

 

On 15 September 2023, the CMU adopted Resolution № 990 "Some Issues of Organising Professional Training of Civil Servants and Local Government Officials Abroad". This Resolution approves the Procedure for Organising Professional Training of Civil Servants and Local Government Officials Abroad, which defines the conditions for organizing and completing professional training of civil servants/local government officials in educational institutions, institutions, organizations abroad, foreign state and municipal bodies, as well as the terms and frequency of such professional training.

 

On 15 September 2023, the CMU adopted Resolution № 986 "On Amendments to the Procedure and Conditions for Providing Subventions from the State Budget to Local Budgets for the Purchase of School Buses". This resolution prohibits the purchase of school buses for general secondary education institutions located in the territory of active hostilities or the territory of Ukraine temporarily occupied by the Russian Federation (except for the territories for which the date of completion of hostilities or temporary occupation has been determined) and general secondary education institutions where the educational process is organized exclusively in the distance learning mode.

 

On 12 September 2023, the CMU adopted Resolution № 972 "On Amendments to Clause 19 of the Procedure for Exercising Powers by the State Treasury Service in a Special Regime under Martial Law". Thus, the Treasury bodies will now make payments under customer orders in the second priority, considering the resource availability of the single treasury account:

– for expenditures of the general fund of the state and local budgets for the preparation of project (design and estimate) documentation, implementation of measures necessary for the establishment and operation of an industrial park included in the Register of Industrial Parks; implementation of measures to prevent the occurrence of industrial, natural, social emergencies and to eliminate their consequences;

– expenditures of the special fund of the state and local budgets for the following expenditures:

  • at the expense of the fund for liquidation of the consequences of armed aggression;

  • for the implementation of measures to prevent the occurrence of man-made, natural, and social emergencies and to eliminate their consequences.

 

On 8 September 2023, the CMU adopted Resolution № 967 "On Amendments to the Resolutions of the Cabinet of Ministers of Ukraine No. 989 dated 13 December 2017 and No. 1026 dated 13 December 2017". This Resolution:

– amended the "Procedure for Conducting Public Hearings in the Process of Environmental Impact Assessment" approved by the Government Resolution № 989 dated 13 December 2017, according to which:

  • during the period of martial law in Ukraine, public hearings are held via video conference;

  • when public hearings are held via video conference, registration of participants in the form according to Annex 1 and speeches of participants in the form according to Annex 2 to the above Procedure is not required;

  • other special requirements for organizing and holding public hearings via videoconference were introduced;

– amendments were made to the annexes to the "Procedure for Submission of Documentation for Providing an Environmental Impact Assessment Conclusion and Financing of Environmental Impact Assessment" approved by Resolution of the CMU № 1026 dated 13 December 2017.

 

On 8 September 2023, the CMU adopted Resolution № 957 "On Amendments to the Procedures Approved by the Resolutions of the Cabinet of Ministers of Ukraine No. 100 dated 8 February 1995 and No. 500 dated 8 August 2016". This Resolution amended the following:

– "The Procedure for Calculating the Average Wage", approved by Resolution of the CMU № 100 dated 8 February 1995, according to which:

  • the calculation of the average salary for the payment of compensation for unused holidays to which an employee became entitled before 31 December 2023 is based on payments accrued in 2023;

  • if the average monthly salary is defined by law as the calculated value for the calculation of material (financial) assistance, it is calculated by multiplying the average daily salary by the average number of working days in the calculation period.

– The Procedure for Providing Financial Assistance to Civil Servants for Solving Social and Domestic Issues, approved by the Resolution of the CMU № 500 dated 8 August 2016, according to which financial assistance may be provided once a year in the amount not exceeding the average monthly salary, based on a personal application in accordance with the procedure approved by the head of the civil service.

 

On 5 September 2023, the CMU adopted Resolution № 947 "On Approval of the Procedure for the Development, Approval and Approval of Local Waste Management Plans". This Resolution approves the above-mentioned Procedure, which defines the mechanism for the development, approval and approval of a local waste management plan (territorial hromada waste management plan) – a state planning document containing a set of interrelated tasks and measures, coordinated in terms of timing and resources with all stakeholders, aimed at ensuring sustainable waste management in settlements within the territory of a territorial community, taking into account the principles of cooperation between local governments, formed on the basis of an assessment of the current state of waste management and already developed models.

Local self-government bodies are recommended to ensure the development, approval, and approval of local waste management plans (territorial hromada waste management plans) in accordance with Government Resolution № 947.

 

On 1 September 2023, the CMU adopted Resolution № 936 "On Amendments to the Procedure for Compensation of Expenses for Temporary Accommodation (Stay) of Internally Displaced Persons", approved by Resolution № 333 of the CMU of 19 March 2022.

 

On 1 September 2023, the CMU adopted Resolution № 930 "Some issues of functioning of temporary accommodation places for internally displaced persons". This Resolution:

– approved the "Procedure for the Functioning of Temporary Accommodation Places for Internally Displaced Persons", which defines the peculiarities of the functioning of temporary accommodation places suitable for temporary residence of internally displaced persons or 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, approved by the Ministry of Reintegration of the Temporarily Occupied Territories of Ukraine, and their maintenance, as well as the minimum requirements in such places for the life support of these persons;

– local governments are recommended to apply the provisions of this Resolution in their activities.

 

On 19 September 2023, the CMU issued Resolution № 825-r "On Approval of the National Plan for the Protection and Ensuring the Security and Resilience of Critical Infrastructure". It is aimed at achieving the following strategic goals:

– legal regulation of the activities of the entities of the national critical infrastructure protection system;
– establishing a system of coordination and interaction between the actors of the national critical infrastructure protection system;

– introduction of critical infrastructure risk management;

– strengthening the resilience of the national critical infrastructure protection system;

– establishing international cooperation.

Local governments are recommended to provide funds necessary for the implementation of the above-mentioned National Plan when drafting local budgets.

 

On 15 September 2023, the CMU issued Resolution № 815-r "On Approval of the National Strategy for Overcoming the Gender Pay Gap for the Period up to 2030 and Approval of the Operational Action Plan for its Implementation for 2023-2025". The operational plan names local self-government bodies (upon agreement) as responsible implementers.

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