You are reading Legal Corner for December 2023. If you are interested in Legal Corner for November, follow this link.
On 10 December, the Law "On Amendments to the Law "On Prevention of Corruption" to bring certain provisions in line with the European Commission's conclusions on Ukraine" № 3503-IX dated 8 December 2023 came into force. This Law restores to the National Agency for the Prevention of Corruption the authority to verify the grounds for the acquisition of real estate and vehicles acquired by the declarant or a member of his/her family before the date of election (appointment) to the position in connection with which the person first became obliged to file declarations during the full verification of the declaration.
On 21 December, the Verkhovna Rada of Ukraine adopted Resolution № 3535-IX "On the Establishment of the Temporary Special Commission of the Verkhovna Rada of Ukraine on the Protection of Property and Non-Property Rights of Internally Displaced Persons and Other Persons Affected by the Armed Aggression of the russian federation against Ukraine". The above-mentioned Temporary Special Commission was established:
- to analyze the practice of application and implementation of legislative acts on the protection of property and non-property rights of internally displaced persons and other persons affected by the armed aggression of the russian federation against Ukraine, analyze the compliance of by-laws on these issues with the law and the timeliness of their adoption
- to prepare proposals to the Verkhovna Rada of Ukraine to identify priority areas for improving Ukrainian legislation on the protection of property and non-property rights of internally displaced persons and other persons affected by the armed aggression of the russian federation against Ukraine;
- to prepare draft acts of the Verkhovna Rada of Ukraine on the protection of property and non-property rights of internally displaced persons and other persons affected by the armed aggression of the russian federation against Ukraine, including the provision of these persons with residential premises or social housing suitable for living, and improving the mechanisms of preferential lending, mortgages for the purchase of land, the purchase and construction of housing, and the use of other financial and credit mechanisms aimed at compensating these persons;
- to interact with the state authorities, other state bodies, local self-government bodies, and, upon agreement with the Chairman of the Verkhovna Rada of Ukraine, international organizations, state bodies, and non-governmental organizations of other states on the activities of the Temporary Special Commission.
On 22 December, the Decision of the National Security and Defence Council of Ukraine "On the Prevention, Early Diagnosis and Treatment of Malignant Tumours" was enacted by Presidential Decree № 842/2023. According to this Act:
- the Cabinet of Ministers of Ukraine was instructed to develop and approve the National Strategy for the Control of Malignant Tumours for the period up to 2030 within three months, defining the main goals and objectives of the state in this area;
- the Ministry of Health of Ukraine together with the regional and Kyiv city state administrations and with the participation of local self-government bodies:
- within three months, work out the issue of ensuring the functioning of healthcare facilities that provide palliative care, taking into account the needs of the population and creating a network of palliative care units and hospices, as well as developing mobile palliative care regardless of the place of residence or stay of patients and increasing access of cancer patients to medical services for quality palliative care within the framework of the medical guarantees program;
- to ensure systematic improvement of the level of professional training of doctors and other healthcare workers of healthcare facilities, including municipal non-profit enterprises providing medical care to patients with cancer, on modern approaches to the diagnosis and treatment of cancer;
- to ensure the introduction and implementation within three months of:
- a) local programmes for early diagnosis of the most common malignant tumours among the population;
- b) local incentive programmes to retain highly qualified medical professionals in municipal healthcare facilities in the following specialities: paediatric oncology, paediatric haematology-oncology, clinical oncology, oncological surgery, radiation therapy, radiology, radionuclide diagnostics, etc.
- the Ministry of Health of Ukraine, together with the regional and Kyiv city state administrations and with the participation of local governments, should take measures to introduce and implement local incentive programs to maximize the coverage of the adult population with routine or mandatory cancer screening programs by the established procedure;
- the Ministry of Culture and Information Policy of Ukraine, together with the regional and Kyiv city state administrations, with the participation of local self-government bodies, shall ensure the approval by 31 December 2023 and implementation of a communication strategy for the prevention of malignant tumors through regular information campaigns aimed at different age groups of the population with the wide involvement of healthcare and education professionals, the patient community, members of the public, media and online:
- the benefits of a healthy lifestyle, nutrition, and physical activity;
- systematic informing of the population about the risk factors of malignant tumors;
- the importance and availability of regular laboratory and instrumental examinations, periodic self-examination for the prevention and/or early diagnosis of malignant tumors;
- opportunities for recovery due to early diagnosis of malignant neoplasms;
- state-guaranteed free medical care for patients in case of cancer diagnosis;
- a capable network of healthcare facilities authorized by the state to provide medical care to patients with cancer.
On 29 December, the Cabinet of Ministers of Ukraine (CMU) adopted Resolution № 1416 "On Approval of the List of Industrial and Agricultural Buildings, Energy, Transport, Communications, and Defence Facilities, Warehouses Not Subject to Minimum Energy Efficiency Requirements for Buildings and Not Subject to Energy Efficiency Certification". This Resolution approved the above list of buildings.
On 29 December, the CMU adopted Resolution № 1415 "Some issues of enhancing the state's defense capability for the period of martial law in Ukraine". By this Resolution:
- regional, Kyiv city, rayon military (state) administrations, military administrations of settlements, and the State Agency for Restoration and Development of Infrastructure are authorized to ensure the construction of military engineering and fortifications at the expense and within the limits of the state budget, local budgets, and other sources not prohibited by law;
- for the construction of fortifications, no documents for the right to use land plots, obtaining urban planning conditions and restrictions are required;
- project documentation for the construction of fortifications is agreed with the military command within whose territory of responsibility such construction is carried out;
- regional, Kyiv city, district military (state) administrations, military administrations of settlements shall ensure:
- acceptance, maintenance, and servicing of constructed fortifications per the procedure established by the CMU;
- identification of balance holders of constructed fortifications for their maintenance, servicing, and accounting;
- ongoing maintenance of fortifications and keeping them ready for their intended use at the expense of the respective balance holders;
- transfer of fortifications for temporary use to the units of the defense forces specified in the request of the military command within whose territory the relevant structures are located.
On 29 December, the CMU adopted Resolution № 1413 "On Amendments to the Resolutions of the Cabinet of Ministers of Ukraine No. 333 "On Approval of the Procedure for Compensation for Temporary Accommodation (Stay) of Internally Displaced Persons" of 19 March 2022 and No. 977 "Some Issues Related to Compensation for Temporary Accommodation (Stay) of Internally Displaced Persons" of 30 August 2022.
On 29 December, the CMU adopted Resolution № 1408 "On Amendments to the Procedure and Conditions for Granting Subventions from the State Budget to Local Budgets for the Establishment of Training and Practical Centres for Modern Vocational (Vocational and Technical) Education".
On 29 December, the CMU adopted Resolution № 1406 "Certain Issues of Functioning of the Unified State Electronic Notary System". This Resolution:
- approved the Regulations on the Unified State Electronic Notary System;
- stipulated that the date of commencement of the Electronic Register of Notarial Acts and the Electronic Notarial Archive as components of the Unified State Electronic System of e-Notaries will be determined by the Ministry of Justice of Ukraine.
On 29 December, the CMU adopted Resolution № 1405 "On Amendments to Certain Resolutions of the Cabinet of Ministers of Ukraine on Payment for Housing and Utility Services". This Resolution amended the following acts of the Government:
- Resolution № 690 dated 5 July 2019 "On Approval of the Rules for the Provision of Centralised Water Supply and Centralised Wastewater Disposal Services and Standard Contracts for the Provision of Centralised Water Supply and Centralised Wastewater Disposal Services";
- Resolution № 1182 dated 11 December 2019 "On Approval of the Rules for the Provision of Hot Water Supply Services and Standard Contracts for the Provision of Hot Water Supply Services";
- Resolution № 206 of 5 March 2022 "Some issues of payment for housing and communal services during martial law".
On 29 December, the CMU adopted Resolution № 1404 "Some Issues of Payment of Housing Subsidies and Benefits to Citizens for Housing and Utility Services, Purchase of Solid and Liquid Heating Fuel and Liquefied Gas". This Resolution approved the Procedure for the Use of Funds Provided for in the State Budget for the Payment of Housing Subsidies and Benefits to Citizens for the Payment of Housing and Utility Services, Purchase of Solid and Liquid Heating Fuel and Liquefied Gas.
On 27 December, the CMU adopted Resolution № 1395 "On the Implementation of an Experimental Project to Improve the Procedure for Registering War Veterans and Providing Them with Benefits for Housing and Utility Services, Purchase of Solid Fuel and Liquefied Gas". This Resolution:
- Launched a pilot project to introduce a simplified mechanism for a war veteran or one of his or her family members to apply to the Register of Persons entitled to benefits and to receive benefits for housing and communal services, solid fuel and liquefied gas during martial law and within three months after its termination or cancellation;
- the Procedure for Implementing a Pilot Project to Improve the Procedure for Registering War Veterans and Providing Them with Benefits for Housing and Utility Services, Solid Fuel and Liquefied Gas was approved;
- it is determined that:
- the coordinator of the pilot project is the Ministry of Social Policy of Ukraine;
- the participants of the Pilot Project are:
- as subjects of applying for an administrative service – war veterans (persons with disabilities as a result of war, combatants, war veterans) or one of their family members (husband, wife, disabled parents, unmarried adult children recognised as persons with disabilities since childhood of group II, a person living with and caring for a person with a disability as a result of war of group I, provided that the person with a disability as a result of war is not married);
- as responsible for organising and ensuring the implementation of the Pilot Project - the Pension Fund of Ukraine, the Ministry of Digital Transformation, the Ministry of Community Development, Territories and Infrastructure, the Ministry of Energy, the Ministry of Justice, the Ministry of Veterans Affairs, the National Commission for State Regulation of Energy and Utilities, regional and Kyiv City State Administrations, as well as, upon agreement, local governments, apartment building managers, housing cooperatives, utility providers, other enterprises, institutions, organisations that charge fees for housing and communal services, contributions to cover the costs of managing an apartment building and utilities, and other payments specified by the Law "On Housing and Communal Services" and the utility service agreement;
- the sources of funding for the Pilot Project are the state budget, charitable assistance and other sources not prohibited by law.
On 27 December, the CMU adopted Resolution № 1393 "On Amendments to the Licensing Conditions for Conducting Business Activities in Medical Practice". By this Resolution:
- amended the "Licensing Conditions for Conducting Business Activities in Medical Practice" approved by Resolution of the Cabinet of Ministers of Ukraine № 285 dated 2 March 2016, in particular, updated the content of Annexes 1-4 to this Government Resolution, and approved Annexes 5-6;
- business entities that obtained a licence to carry out business activities in medical practice before the entry into force of this resolution are obliged to submit to the licensing authority the document specified in Annex 2 to the Licensing Conditions for Conducting Business Activities in Medical Practice, approved by Resolution of the Cabinet of Ministers of Ukraine № 285 dated 2 March 2016, no later than one year after the date of publication of this Resolution.
On 27 December, the CMU adopted Resolution № 1392 "On Approval of the Procedure for Early Detection of Developmental Disorders in Children or the Risk of Their Occurrence and Timely Referral of Families with Children to Early Intervention Service Providers for Receiving Such Services". This Resolution approves the above Procedure, which defines the mechanism for early detection of developmental disorders or risk of their occurrence in children aged from birth to four years and timely referral of families with children to early intervention service providers to receive a comprehensive service from a multidisciplinary team.
On 27 December, the CMU of Ukraine adopted Resolution № 1381 "On Amendments to Resolution of the Cabinet of Ministers of Ukraine No. 822 dated 10 July 2019 and Suspension of its Effective Date". This Resolution suspends Resolution of the Cabinet of Ministers of Ukraine № 822 dated 10 July 2019 "On Remuneration of Teaching, Research and Academic Staff of Educational and Scientific Institutions" until 31 December 2024.
On 27 December, the CMU adopted Resolution № 1376 "On Amendments to Resolution of the Cabinet of Ministers of Ukraine No. 812 dated 19 July 2022 "On Approval of the Regulation on the Imposition of Special Obligations on Natural Gas Market Participants to Ensure Public Interest in the Functioning of the Natural Gas Market Regarding the Peculiarities of Natural Gas Supply to Heat Producers and Budgetary Institutions". This Resolution extends until 15 April 2024 the Government Resolution № 812 dated 19 July 2022, which, inter alia, approved the "Prices and Terms of Natural Gas Supply to Heat Producers by Gas Supply Company Naftogaz Trading LLC as part of the performance of a special obligation".
On 27 December, the CMU adopted Resolution № 1375 "On Amendments to Resolution of the Cabinet of Ministers of Ukraine No. 483 dated 5 June 2019 "On Approval of the Regulation on Imposing Special Obligations on Electricity Market Participants to Ensure Public Interest in the Functioning of the Electricity Market". This Resolution extends until 30 April 2024 the Government Resolution № 483 dated 5 June 2019, which, inter alia, fixed the price of electricity for household consumers at UAH 2.64 per 1 kWh.
On 27 December, the CMU adopted Resolution № 1374 "Some Issues of Providing Educational Subventions from the State Budget to Local Budgets (under the Special Fund of the State Budget) to Ensure the Teaching of the Subject "Defence of Ukraine"". This Resolution allocates educational subventions from the state budget to regional budgets of all regions (under the special fund of the state budget) in 2023 to ensure the teaching of the subject "Defence of Ukraine" in the total amount of over UAH 1.6 billion.
On 22 December, the CMU adopted Resolution № 1394 "Some Issues of Implementation of the Programme of State Guarantees of Medical Care for the Population in 2024". This Resolution approved the "Procedure for Implementation of the Programme of State Guarantees of Medical Care for the Population in 2024".
The Procedure applies to all healthcare facilities regardless of ownership and individual entrepreneurs who have obtained a licence to carry out business activities in medical practice and meet the requirements for a healthcare service provider with whom the main spending units enter into healthcare agreements, approved by Resolution № 391 of the Cabinet of Ministers of Ukraine dated 28 March 2018.
On 22 December, the CMU adopted Resolution № 1351 "On Amendments to Certain Acts of the Cabinet of Ministers of Ukraine on Maintaining State Registers of Recipients of Housing Subsidies and Persons entitled to Benefits". This Resolution amended the following acts of the Government:
- "Regulation on the Procedure for Granting Housing Subsidies", approved by Resolution № 848 of 21 October 1995 "On Simplifying the Procedure for Granting Subsidies to the Population to Reimburse Expenses for Housing and Utility Services, Purchase of Liquefied Gas, Solid and Liquid Heating Fuel";
- Resolution № 117 of 29 January 2003 "On the Unified State Automated Register of Persons entitled to Privileges";
- Annex 2 to the Regulation on the Unified State Automated Register of Persons entitled to Privileges, which approved the forms of "Extract from the Register of Persons entitled to Privileges"; "Information on a person entitled to privileges"; "Information on family members or guardian of a person entitled to privileges who are covered by privileges"; "Information on categories of persons entitled to privileges";
- Annex 3 to the Regulation on the Unified State Automated Register of Persons entitled to benefits, including the form of the Application for Entering Information into the Register of Persons entitled to Benefits;
- "The procedure for granting and depriving persons who defended the independence, sovereignty and territorial integrity of Ukraine and took direct part in the anti-terrorist operation in connection with the armed aggression of the russian federation against Ukraine of the status of combatants”, approved by Resolution № 413 of 20 August 2014;
- The Procedure for Granting Benefits to Certain Categories of Citizens Taking into Account the Average Monthly Total Family Income, approved by Resolution № 389 of 4 June 2015;
- A form of certificate of eligibility for income-based benefits;
- Resolution of 8 September 2016 № 606 "Some issues of electronic information interaction of electronic information resources";
- Resolution № 182 of 14 March 2018 "On Approval of the Regulation on the Unified State Register of Housing Subsidy Recipients";
- The Procedure for Providing Benefits for Housing and Utility Services, Purchase of Solid Fuel and Liquefied Gas in Cash, approved by Resolution № 373 dated 17 April 2019 "Some Issues of Providing Housing Subsidies and Benefits for Housing and Utility Services, Purchase of Solid Fuel and Liquefied Gas in Cash";
- "Procedure for Granting and Depriving of the Status of Combatant of Persons Who Performed a Combat (Service) Task to Protect the Independence, Sovereignty and Territorial Integrity of Ukraine in Direct Contact and Fire Contact with Military Formations of Other States and Illegal Armed Groups", approved by Resolution № 203 of 3 March 2020.
On 19 December, the Cabinet of Ministers adopted Resolution № 1346 "Some Issues of Providing Educational Subventions from the State Budget to Local Budgets (under the Special Fund of the State Budget) in 2023". This Resolution allocates the educational subvention from the state budget to local budgets (under the special fund of the state budget) for 2023 for the purchase of multimedia equipment in the amount of UAH 1 billion.
On 19 December, the CMU adopted Resolution № 1339 "On Amendments to the Procedure and Conditions for Providing in 2023 an Additional Subsidy from the State Budget to Local Budgets for the Exercise of Powers of Local Self-Government Bodies in the De-occupied, Temporarily Occupied and Other Territories of Ukraine Affected by the Full-Scale Armed Aggression of the russian federation". This Resolution sets out the formula used to calculate the amount of the additional subsidy in the second stage of the fourth quarter of 2023.
On 19 December, the CMU adopted Resolution № 1333 "On Approval of the Procedure for Submission of Information on Decisions on Establishment of Tax Benefits for Payment of Local Taxes and/or Fees, Adopted on the Basis of Applications of Taxpayers for Recognition of Land Plots Unsuitable for Use Due to Potential Threat of Contamination by Explosive Objects". According to this Resolution, village, settlement, town councils, military administrations and civil-military administrations shall submit information on decisions to the controlling authorities at the location of the land plots through the Electronic Cabinet information and telecommunication system within 10 calendar days from the date of the relevant decision in the form as set out in the Annex to this Procedure.
On 19 December, the CMU adopted Resolution № 1328 "On Approval of the Procedure for Issuance, Refusal to Issue, and Cancellation of Permits for Waste Treatment Operations". This Resolution approves the Procedure, which defines the procedures for issuing, refusing to issue, and cancelling permits for waste treatment operations, which will be carried out exclusively in electronic form through the waste management information system, which is a functional module of the ‘EcoSystem’ Unified Environmental Platform.
On 15 December, the CMU adopted Resolution № 1322 "On Approval of the Strategy for Strengthening Ukrainian National and Civil Identity for the Period until 2030 and Approval of the Operational Action Plan for its Implementation in 2023-2025". This Resolution:
- approved the Strategy for Strengthening Ukrainian National and Civic Identity for the period up to 2030;
- approved the operational plan of measures for the implementation of the Strategy for Strengthening Ukrainian National and Civic Identity for the period up to 2030 in 2023-2025.
The Strategy will be implemented in the following priority areas:
- Strengthening Ukrainian national and civic identity;
- Mutual support and cooperation in the formation of Ukrainian national and civic identity between executive authorities, local governments and civil society institutions;
- formation of a system of personnel support in the sphere of strengthening Ukrainian national and civic identity;
- promoting the development of infrastructure in the area of Ukrainian national and civic identity.
On 15 December, the CMU adopted Resolution № 1314 "On Amendments to the Regulation on the System of Continuous Professional Development of Healthcare Workers". According to the Resolution, the financing of continuous professional development of healthcare professionals may be carried out at the expense of the following funds
- the state budget, in accordance with the "Procedure for the use of funds provided for in the state budget for the implementation of continuous professional development of healthcare workers for 2023", approved by the Resolution of the Cabinet of Ministers of Ukraine № 216 dated 10 March 2023;
- individuals, legal entities and other sources of funding not prohibited by law, according to the information from the Register of Healthcare Workers and the Register of Medical Specialists, as defined by the Resolution of the Cabinet of Ministers of Ukraine № 411 "Some Issues of the Electronic Healthcare System" dated 25 April 2018.
On 12 December, the CMU issued Resolution № 1309 "On Amendments to Certain Resolutions of the Cabinet of Ministers of Ukraine on Notary and State Registration of Real Property Rights and Encumbrances and State Registration of Legal Entities and Individual Entrepreneurs". The Resolution amended the following Governmental acts:
- "Procedure for State Registration of Real Property Rights and Encumbrances", approved by Resolution of the Cabinet of Ministers of Ukraine dated 25 December 2015 № 1127 "On State Registration of Real Property Rights and Encumbrances";
- "Procedure for the Ministry of Justice to Control Activities in the Field of State Registration of Real Property Rights and Encumbrances and State Registration of Legal Entities, Individual Entrepreneurs and Public Organisations", approved by Resolution of the Cabinet of Ministers of Ukraine № 990 of 21 December 2016;
- Resolution of 28 February 2022 № 164 "Some Issues of Notaries in the Conditions of Martial Law";
- Resolution № 209 of 6 March 2022 "Some Issues of State Registration and Functioning of Unified and State Registers, which are held by the Ministry of Justice, under Martial Law".
Thus the procedure for testing persons intending to perform the functions of a state registrar and applying for the position of a state registrar or another position that involves performing the functions of a state registrar at a state registration entity, as well as determining the results of such testing, has been updated.
Persons who, based on the results of the test on knowledge of the legislation in the field of state registration, answered 70 or more questions of the test task correctly are considered to have passed the test on knowledge of the legislation in the field of state registration. Other persons shall be deemed to have failed the test and may not be allowed to be appointed to the position of a state registrar or perform the functions of a state registrar, as well as to gain access to the registers. The state registration entity may re-submit a request for testing for knowledge of the legislation in the field of state registration in respect of persons who have not passed it.
On 12 December, the CMU adopted Resolution № 1297 "On Approval of the Procedure for Conducting Scheduled and Unscheduled Inspections of Compliance by Licensing Authorities with the Requirements of the Licensing Legislation". This Procedure sets out the procedure for the SRS, as a specially authorised licensing authority, to carry out state supervision of compliance by the licensing authority with the requirements of the licensing legislation.
The state supervision measures are scheduled and unscheduled inspections conducted by the commission, as defined by this Procedure, to ensure that the licensing authority complies with and fulfils the requirements of the licensing legislation. The form of inspection may be on-site (at the location of the licensing authority) or off-site (at the location of the authorised body).
Scheduled inspections are carried out in accordance with annual or quarterly plans approved by the authorised body and posted on its official website by 1 December of the year preceding the scheduled one or by the 25th day of the last month of the quarter preceding the scheduled one. Scheduled inspection of the same licensing authority for a particular type of licensing of economic activity may be carried out no more than once a year.
On 7 December, the CMU adopted Resolution № 1287 "On Amendments to the Procedure for Maintaining the Unified State Electronic System in the Field of Construction". Therefore, local governments, qualification centres and personnel certification bodies and/or responsible officials of such users now have access to the electronic cabinet because of receiving a notification from the head of such body/organisation or a person replacing him/her in electronic form, including through the electronic cabinet, subject to the procedure of electronic identification and authentication through the state integrated electronic identification system.
In case the electronic system contains information on energy certificates or reports on the results of the inspection of technical installations prepared by the energy auditor of buildings, which, based on the results of independent monitoring of energy certificates and/or independent monitoring of reports on the results of the inspection of technical installations, are recognised as not meeting the requirements of the legislation, the software of the electronic system shall automatically restrict the access of such energy auditor of buildings to the electronic cabinet of the energy auditor of buildings.
This restriction shall apply in the case of:
- the number of energy certificates or reports on the results of technical installation inspection prepared by the building energy auditor, which, according to the results of independent monitoring of energy certificates and/or independent monitoring of reports on the results of technical installation inspection, are recognised as not meeting the requirements of the legislation among the energy certificates and reports on the results of technical installation inspection prepared by such building energy auditor within a calendar year, is
a) two energy certificates or reports on the results of technical installation inspection - if the energy auditor of buildings has prepared up to 10 energy certificates or reports on the results of technical installation inspection inclusive;
b) three energy certificates or reports on the results of the inspection of technical installations - if the energy auditor has prepared from 11 to 50 inclusive energy certificates or reports on the results of the inspection of technical installations;
- the energy auditor of buildings has issued more than 50 energy certificates or reports on the results of technical installation inspection and the share of such certificates or reports based on the results of independent monitoring of energy certificates and/or independent monitoring of reports on the results of technical installation inspection that are recognised as not meeting the requirements of the legislation exceeds 8 per cent.
The access of the building energy auditor to the electronic office of the building energy auditor is limited to three years. During the period of restriction of access of the building energy auditor to the electronic office of the building energy auditor, it is prohibited to make a record in the Unified State Electronic System in the field of construction on the issuance of a new building energy auditor certificate to such building energy auditor.
Restoration of access of the building energy auditor to his/her electronic cabinet shall be carried out automatically by the software tools of the electronic system after the restriction is over, but not more than for the period until the expiration of the building energy auditor's certificate.