Legal Corner. October 2023
Legal Corner. October 2023

Date: 31.10.2023

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 31.10.2023.

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

 

On 31 October, the Decree of the President of Ukraine №720/2023 "On the Establishment of a Military Administration" established the Sumy Town Military Administration of Sumy District, Sumy Oblast. Oleksii Oleksandrovych Drozdenko was appointed as the Head of this administration (Decree of the President of Ukraine of 31 October 2023 № 184/2023-rp).

 

On 13 October, the Decree of the President of Ukraine № 690/2023 "On the Establishment of a Military Administration" established the Netishyn town military administration of Shepetivka district, Khmelnytskyi Oblast. Olendra Hryhorii Vasylovych was appointed as the Head of this administration (Decree of the President of Ukraine of 13 October 2023 №177/2023-rp).

 

On 9 October, the National Security and Defence Council of Ukraine adopted the Decision "On the state of food security", which was enacted by the Decree of the President of Ukraine №681/20023 dated 9 October 2023. In accordance with this Decision, local governments were instructed to:
- together with the regional military administrations and representatives of the agricultural business, develop an action plan to restore agricultural production in the de-occupied territories within one month, which will include, in particular, measures to facilitate the unimpeded supply of materials necessary for agricultural activities to agricultural producers in the de-occupied territories;
- together with the Ministry of Communities, Territories and Infrastructure Development of Ukraine and regional military administrations, introduce a system of information and methodological support within two months to:

  • encouraging the increase of cattle in agricultural enterprises and creating conditions for the development of dairy farming in farms;
  • organization of agricultural advisory activities for efficient agricultural production under martial law, and implementation of mechanisms of state support for farmers.

 

On 27 October, the Cabinet of Ministers of Ukraine (CMU) adopted Resolution № 1124 "Some Issues of Provision of Social Services". This Resolution amended the following acts of the Government:
- "The Procedure for Provision of Social Services to Persons with Disabilities and Elderly Persons Suffering from Mental Disorders", approved by the CMU Resolution № 576 dated 26 June 2019;
- CMU Resolution № 177 of 3 March 2020 "Some Issues of Social Service Centres", in particular, the new version of the "Model Regulation on the Budgetary (Municipal) Institution "Social Service Centre";
- "The Procedure for Establishing a Differentiated Fee for the Provision of Social Services", approved by the Resolution of the Cabinet of Ministers of Ukraine № 429 dated 1 June 2020;
- "The Procedure for Organising the Provision of Social Services", approved by CMU Resolution № 587 of 1 June 2020.

 

On 27 October, the CMU adopted Resolution № 1119 "On Amendments to the Procedure for Engaging Able-bodied Persons in Socially Useful Work under Martial Law". Thus, the financing of public works may be carried out from the following sources:
- funds of the customer of socially useful works (enterprises, institutions, organisations where such works will be performed);
- funds from local budgets;
- charitable contributions or donations;
- other sources not prohibited by law.

In addition, funding for public benefit works performed by registered unemployed and unemployed internally displaced persons of working age from among insured persons who do not have the status of registered unemployed is provided by the Fund of Compulsory State Social Insurance against Unemployment.

Public benefit works are financed by allocating funds for:
- payment of basic and additional wages, the amount of which may not exceed one and a half times the minimum wage established as of the date of its accrual, for a fully completed monthly (hourly) labour rate;
- payment of a single contribution to the obligatory state social insurance, in particular during the period of temporary disability within the term of a fixed-term employment contract;
- payment for the first five days of temporary disability within the term of a fixed-term employment contract;
- payment of travel within the region to the place of work and back for persons participating in public benefit work (if necessary).

 

On 20 October, the CMU adopted Resolution № 1102 "On Approval of the Waste Classification Procedure and the National Waste List". This Resolution approves the Waste Classification Procedure and the National Waste List.

The Waste Classification Procedure defines the procedure for classifying waste by type and properties to properly manage it, prevent its negative impact on human health and the environment or reduce such impact.

The National List divides waste into 20 groups:
- groups 1-12 and 17-19 cover waste originating from different industries and/or production processes;
- groups 13-15 cover waste generated from the use of various materials and substances;
- group 16 covers waste not listed in other groups of the National Waste List;
- group 20 covers household waste (household waste and similar waste from commercial organisations, industrial enterprises, institutions, etc.), including separately collected fractions.

For tax purposes, the above Procedure and List will apply from 1 January 2025.

 

On 20 October, the CMU adopted Resolution № 1107 "On Approval of the Procedure for the Use of Funds Provided for in the State Budget under the Programme "Development of Urban Water Supply". This resolution approves the above-mentioned Procedure, which defines the mechanism for using the funds provided for in the special fund of the state budget under the above-mentioned programme. The customer that ensures the implementation of this Programme and the responsible executor is the Private Joint Stock Company "Kyivvodokanal".

 

On 17 October, the CMU adopted Resolution № 1097 "On Amendments to the Resolution of the Cabinet of Ministers of Ukraine № 328 of 20 March 2022 "Some Issues of Providing the Population with Food Products under Martial Law". This Resolution:
- extended the effect of CMU Resolution № 328 to socially vulnerable persons residing in the territories of territorial communities defined as territories of possible hostilities;
- to ensure the storage of grain and/or its processing into flour and cereals, it is envisaged to compensate grain storage and/or processing entities not only at the expense of the state budget funds provided under the programme "Subvention from the state budget to local budgets to meet the urgent needs of the state functioning under martial law", but also at the expense of local budgets (including unregistered financial liabilities for grain processing services, shipment of grain and products and storage of products in previous periods).

 

On 13 October, the CMU adopted Resolution № 1095 "On Amendments to the Procedure for the Organisation and Operation of the Indestructibility Points", approved by Resolution № 1401 of the Cabinet of Ministers of Ukraine of 17 December 2022. This resolution requires local governments that have organised the deployment and operation of the invincibility points to enter information about them through authorised employees of the regional or Kyiv city state administration (military administration) into the Unified State Web Portal of Electronic Services (Portal Diia). This will allow anyone to access information about nearby indestructibility points via the Portal Diia mobile application.

 

On 13 October, the CMU adopted Resolution № 1085 "On Amendments to the Procedure for Termination of Employment Contracts at the Initiative of the Employer (Owner or Authorised Body, Individual Employing Employees) in Connection with Determination of Incompatibility of an Employee with the Position Occupied for Health Reasons in Case of the Employee's Right to Early Retirement Pension". It is worth mentioning that the Procedure defines the mechanism for terminating an employment contract at the initiative of the employer (including local self-government bodies) in connection with the identification of an employee's incompatibility with the position held for health reasons if, as of the date of dismissal, the employee is no more than one and a half years away from reaching the retirement age set forth in Article 26 of the Law "On Compulsory State Pension Insurance" and the employee has the insurance period required for granting an old-age pension in the minimum amount provided for in paragraph one of part one of Article 28 of this Law.

 

On 13 October, the Cabinet of Ministers adopted Resolution № 1088 "Some Issues Concerning the Organisation of Provision of Free Primary Legal Aid by Local Governments". This Resolution approved:
- "The Procedure for Engaging Lawyers and Other Specialists in the Relevant Field of Law by Local Self-Government Bodies to Provide Free Primary Legal Aid";
- "The Procedure for Providing Free Primary Legal Aid by Entities Established or Engaged under Contracts by Local Governments".

It should be noted that in accordance with sub-clause 39-1 of part 1 of Article 26 of the Law "On Local Self-Government in Ukraine", only plenary sessions of village, town and city councils shall resolve the following issues:
- Decision-making on the establishment of specialised institutions for the provision of free primary legal aid at the expense of the local budget;
- appointment and dismissal of the heads of these institutions;
- engaging, in accordance with the procedure established by law, legal entities of private law, lawyers and other specialists in the relevant field of law to provide free primary legal aid.

 

On 13 October, the CMU adopted Resolution №1087 "On Approval of Criteria for Assessing the Admissibility of State Aid to Business Entities for Local Infrastructure". The above criteria will be used to assess the admissibility of state aid provided to business entities to facilitate economic activities for the construction or modernisation of local infrastructure and will establish the conditions under which such state aid is admissible for competition. The approved criteria will not apply to state aid:
- provided for export activities;
- if its provision is conditional on the recipient of state aid - a foreign business entity - fulfilling the mandatory requirement to have a head office in Ukraine;
- if its provision depends on the obligation of the recipient of state aid to use domestically produced goods;
- provided for such types of infrastructure as:

  • research infrastructure
  • innovation infrastructure
  • infrastructure in the field of energy and energy efficiency of buildings
  • infrastructure related to waste treatment and recycling;
  • broadband access network infrastructure;
  • infrastructure related to cultural activities and preservation of cultural heritage;
  • sports infrastructure;
  • recreational infrastructure;
  • airport and port infrastructure;
  • infrastructure in the field of transport;
  • specialised infrastructure built for a pre-determined business entity(ies) and in accordance with its (their) needs.

 

On 6 October, the CMU adopted Resolution №1056 "Some Issues of the State Emergency Anti-Epizootic Commissions". This Resolution approved:
- "Regulations on the State Emergency Anti-Epizootic Commission under the Cabinet of Ministers of Ukraine";
- "Model Regulation on the Local State Emergency Anti-Epizootic Commission", which is established by the executive body of village, town and city councils within the relevant administrative-territorial units to exercise operational control, management and coordination of the activities of local governments, individuals and legal entities, regardless of ownership, to prevent outbreaks of mass animal diseases and poisonings and eliminate them within the relevant administrative-territorial units.

 

On 20 October, the CMU adopted Resolution № 965-r "On the Redistribution of the Amount and Distribution of the Reserve of the Educational Subvention from the State Budget to Local Budgets in 2023". The redistribution was made between the budgets of individual communities and Zaporizhzhia, Kyiv, Luhansk, Mykolaiv, Poltava, Ternopil, Kharkiv, Kherson and Khmelnytskyi oblasts, totalling almost UAH 87 million.

 

On 17 October, the CMU adopted Resolution №  948-r "On the Redistribution of Certain State Budget Expenditures Envisaged for the Ministry of Veterans Affairs for 2023 and the Distribution of State Budget Subventions to Local Budgets in 2023 for the Payment of Monetary Compensation for Housing for Certain Categories of Persons". This Resolution approves the distribution in 2023 of subventions from the state budget to local budgets for the payment of monetary compensation for housing in the total amount of more than UAH 3 million between the regional budgets of Zakarpattia, Ivano-Frankivsk and Lviv oblasts for the following categories of persons:
- for families of persons specified in paragraph fourteen of Article 10, paragraph 1 of the Law "On the Status of War Veterans, Guarantees of their Social Protection";
- for persons with disabilities of groups I-II who became persons with disabilities as a result of wounds, mutilation, contusion or other health damage sustained during participation in the Revolution of Dignity, as defined in paragraph 10 of part two of Article 7 of the Law "On the Status of War Veterans, Guarantees of Their Social Protection";
- those in need of improved housing conditions.

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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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