Legal Corner. February 2024
Legal Corner. February 2024

Date: 29.02.2024

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 29.02.2024.

You are reading Legal Corner for February 2024. If you are looking for the legal updates from January of 2024, follow this link.

On 27 February, the Cabinet of Ministers of Ukraine (hereinafter – CMU) adopted Resolution №211 "On Amendments to the Procedure for Exercising Powers by the State Treasury Service in a Special Regime under Martial Law". The Resolution sets out in a new version the order of priority for the State Treasury Service and Treasury bodies to make payments on behalf of clients (including local governments), considering the resource availability of their single treasury account.

 

On 24 February, the CMU adopted Resolution № 168 "On Indexation of Pension and Insurance Payments and Additional Measures to Increase the Level of Social Protection of the Most Vulnerable Population in 2023". According to this Resolution:

- starting from 1 March 2023, pensions will be recalculated by the "Procedure for Recalculation of Pensions by Part Two of Article 42 of the Law of Ukraine "On Compulsory State Pension Insurance", approved by the Resolution of the Cabinet of Ministers of Ukraine No. 124 "Issues of Pension Indexation in 2019" dated 20 February 2019, using an increased coefficient of 1.197;

- starting from 1 July 2023, pensions granted by the Laws of Ukraine "On Civil Service", "On Service in Local Self-Government Bodies", "On the Status of a Member of Parliament of Ukraine", "On Scientific and Scientific and Technical Activities" and for which the term of appointment is up to 31 December 2022 inclusive, shall be increased by an increased coefficient of 1.197, within the maximum pension amount specified by law;

- the increase by the increase coefficient also applies in case of resumption of payment of pensions appointed before 31 December 2022 by the Laws of Ukraine "On Civil Service", "On Service in Local Self-Government Bodies", "On the Status of a Member of Parliament of Ukraine", "On Scientific and Scientific and Technical Activities";

- starting from 1 March 2023, monthly insurance payments to victims of industrial accidents and occupational diseases that caused disability and to persons entitled to insurance payments in the event of the victim's death shall be recalculated by an increased coefficient of 1.197. The amount of such an increase as a result of the transfer of monthly insurance payments cannot exceed UAH 1,500;

- the amount of the increase resulting from the recalculation of the pension cannot be less than UAH 100 and cannot exceed UAH 1,500.

 

On 23 February, the CMU adopted Resolution №194 "On the Implementation of an Experimental Project on Issuing Temporary Ukrainian Citizen Certificates to Ukrainian Citizens Residing in the Territories Were Military Operations are Underway or Temporarily Occupied by the russian federation". According to this Resolution:

- a two-year pilot project was launched to issue temporary Ukrainian citizenship certificates to Ukrainian citizens residing in the territories where military operations are taking place or temporarily occupied by the russian federation;

- the procedure for Implementation of the Pilot Project on Issuance of Temporary Ukrainian Citizen's Certificates to Ukrainian Citizens Residing in the Territories in which Military Operations are Conducted or Temporarily Occupied by the russian federation was approved;

- issuance of a temporary certificate of a citizen of Ukraine (without his/her presence) is possible for the following categories of persons:

  • who have lost their passport of a citizen of Ukraine, but for whom there is information about the issuance of a passport (including a foreign passport) in the Unified State Demographic Register or the departmental system of the SMS;
  • under 18 years of age, for whom there is no information in the Register or the departmental system of the SMS.

- a temporary certificate of a citizen of Ukraine (without his/her presence) will be issued by the State Migration Service of Ukraine based on applications from the following persons:

  • one of the parents (adoptive parents);
  • guardians, trustees or other legal representatives;
  • one of the spouses;
  • adult child or grandchild;
  • sibling (full or half) brother/sister;
  • an official request from the Ministry of Reintegration.

The temporary certificate is valid for three months.

 

On 23 February, the CMU adopted Resolution №191 "On Amendments to the Procedure for Creating, Maintaining and Accessing the Information of the Unified Information Database on Internally Displaced Persons". Thus, the Ministry of Finance, the Ministry of Reintegration, the Ministry of Justice, the Ministry of Defence, other central executive authorities, the State Bureau of Investigation, the Pension Fund of Ukraine and its territorial bodies, the State Employment Centre, the Employment Centre of the Autonomous Republic of Crimea, and regional employment centres are now entitled to receive information from the database on internally displaced persons, Kyiv and Sevastopol City Employment Centres and their branches, city, district and municipal employment centres, the SES, state executive service bodies and private enforcement officers, authorised probation authorities to introduce electronic interaction through information exchange in compliance with the Laws of Ukraine "On Information" and "On Personal Data Protection".

 

On 23 February, the CMU adopted Resolution №190 "On Amendments to the Annex to the Resolution of the Cabinet of Ministers of Ukraine of 1 December 2023 No. 1255 "On the Implementation of a Joint Project with the United Nations Children's Fund (UNICEF) on Additional Measures for Social Support of Low-Income Families with Children". This Resolution added Bakhmut, Volnovakha, Kramatorsk and Pokrovsk rayons of Donetsk Oblast to the list of areas defined by UNICEF programme documents for the payment of one-off financial assistance.

 

On 13 February, the CMU adopted Resolution №161 "On Approval of Criteria for Assessing the Admissibility of State Aid to Business Entities for Activities Related to Sports Infrastructure". According to the approved criteria, the recipients of state aid include business entities that are:

- are not in a difficult situation;

- carry out activities related to the infrastructure used to offer and/or sell goods (works, services) on the market (economic activity).

 

On 13 February, the CMU adopted Resolution №159 "On Amendments to the Resolutions of the Cabinet of Ministers of Ukraine № 410 dated 25 April 2018 "On Contracts for Medical Services to the Population under the Medical Guarantee Programme" and № 28 dated 13 January 2023 "On Certain Issues of Remuneration of Employees of State and Municipal Healthcare Institutions". In accordance with the amendments, the healthcare service provider is obliged to ensure payment of salaries to employees of municipal healthcare facilities in the amount of not less than:

- UAH 20 thousand for persons holding medical positions in healthcare facilities (except for interns), pharmacist positions in healthcare facilities (except for interns), healthcare professionals positions in healthcare facilities and positions of professionals with higher non-medical education in healthcare;

- UAH 13.5 thousand for persons holding positions in healthcare institutions, referred to by the unified qualification requirements for the positions of specialists (except for interns and pharmacists-interns).

When calculating the amount of an employee's salary, the basic salary, additional salary, other incentive and compensation payments are taken into account to ensure its minimum amount;

- differentiation of salaries for medical, pharmaceutical, rehabilitation and junior medical staff of municipal healthcare facilities is carried out within the payroll fund by establishing additional payments and allowances based on the complexity, responsibility and conditions of work performed, employee qualifications, and performance.

 

On 9 February, the CMU adopted Resolution №181 "On Approval of the Methodology for the Use of Languages of National Minorities (Communities) of Ukraine in Settlements Traditionally Home to Persons Belonging to National Minorities (Communities) of Ukraine or in Which Such Persons Constitute a Significant Part of the Population". Pursuant to this resolution, the use of the language of the relevant national minority (community) of Ukraine in settlements is carried out on the basis of a decision of the relevant village, town or city council, provided that in the village, town or city where persons belonging to a national minority (community) of Ukraine, according to statistical information, have been living continuously for the last 100 years and make up less than 10 per cent of the total population. In this case, the local council determines in which areas of public life the language of national minorities (communities) of Ukraine will be used:

1) providing topographical information;

2) writing official names on the plates (signboards) of local self-government bodies and communal enterprises

3) communication with the authorities;

4) provision of public services;

5) providing medical care;

6) dissemination of information for general information;

7) providing social services to elderly citizens and persons with disabilities.

To ensure the exercise of the rights of persons belonging to national minorities (communities) of Ukraine, local self-government bodies that have decided to use the language of the respective national minority (community) of Ukraine on the territory of the respective village, town, city, as well as enterprises, institutions, and organisations of communal ownership within their competence and if necessary, may:

- when selecting officials and employees, specify proficiency in the language of the relevant national minority (community) of Ukraine as one of the qualification requirements;

- facilitate professional training of officials and employees in the language of the relevant national minority (community) of Ukraine;

- facilitate the satisfaction of applications of officials and employees who speak the language of the relevant national minority (community) of Ukraine for appointment to positions related to the exercise of powers in the areas defined in paragraph 6 of this Methodology at enterprises, institutions, organisations, applications for transfer to the relevant job or for relocation.

 

On 9 February, the CMU adopted Resolution №147 "On Amendments to the Regulation on Territorial Recruitment and Social Support Centres". According to the amendments, the territorial recruitment and social support centres are to operate around the clock during mobilisation and/or martial law:

- consider cases of administrative offences and impose administrative penalties in accordance with the Code of Ukraine on Administrative Offences;

- organise medical examinations and psychological examinations of persons liable for military service and reservists by military medical commissions;

- maintain personal and qualitative records of conscripts, persons liable for military service and reservists, as well as records of vehicles to be transferred to the Armed Forces and other military formations during mobilisation and wartime.

 

On 9 February, the CMU adopted Resolution №131 "On Amendments to Resolution of the Cabinet of Ministers of Ukraine № 1178 dated 12 October 2022 "On Approval of 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 Martial Law in Ukraine and within 90 days from the date of its termination or cancellation". According to this Resolution:

- customers are prohibited from making public procurement of goods originating from the russian federation/republic of belarus/Islamic republic of iran, except for goods originating from the russian federation/republic of belarus necessary for the repair and maintenance of goods purchased before the entry into force of this Resolution;

- where procuring entities purchase food products according to the list in Annex 2, the value of the subject of procurement of which is equal to or exceeds UAH 100 thousand, such procurement shall be carried out using an electronic catalogue in accordance with the “Procedure for the Formation and Use of the Electronic Catalogue”, approved by Resolution of the Cabinet of Ministers of Ukraine № 822 dated 14 September 2020;

- updated the "List of food products procured by customers using the electronic catalogue" approved in Annex 2 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 martial law in Ukraine and within 90 days from the date of its termination or cancellation" approved by the CMU Resolution No. 1178 dated 12 October 2022 (as amended by the CMU Resolution №471 dated 12 May 2023).

 

On 6 February, the CMU adopted Resolution №127 "Some Issues of Recalculation of Utility Services Costs for the Period of Non-Provision, Partial Provision or Inadequate Quality". According to the Resolution, the Cabinet of Ministers approved the "Procedure for Recalculation of Utility Services Costs for the Period of Non-Provision, Incomplete Provision or Inadequate Quality", which defines the mechanism and conditions for recalculating the cost of heat supply, hot water supply, centralised water supply, centralised sewerage, household waste management/household waste management services for the period of non-provision, incomplete provision, or inadequate quality.

This Procedure does not apply to 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:

- from the date of the possibility of hostilities to the date of termination of the possibility of hostilities and within three months from the date of termination of such possibility;

- from the date of commencement of hostilities until the date of completion of hostilities and within three months from the date of their completion;

- from the date of the beginning of the temporary occupation to the date of the end of the temporary occupation and within three months from the date of its end.

 

On 2 February, the CMU adopted Resolution №110 "On the implementation of a joint project with the United Nations World Food Programme on additional measures for social support for persons with disabilities since childhood and children with disabilities". According to this Resolution:

- persons who meet the following conditions are eligible to receive additional financial assistance from the United Nations World Food Programme:

  • reside on the territory of Ukraine (except for the territories temporarily occupied by the russian federation and the territories where military operations are (were) conducted);
  • are recipients of state social assistance to persons with disabilities from childhood and children with disabilities in accordance with the "Procedure for the appointment and payment of state social assistance to persons with disabilities from childhood and children with disabilities", approved by the Resolution of the Cabinet of Ministers of Ukraine No. 79 "Some issues of appointment and payment of state social assistance to persons with disabilities from childhood and children with disabilities" dated 3 February 2021;
  • the amount of their social assistance, according to the data contained in the information databases of the Ministry of Social Policy, is less than UAH 3,250 per month;

- payment of additional financial assistance is made monthly for three months in the amount determined as the difference between UAH 3,250 (or another amount determined by the United Nations World Food Programme) and the amount of social assistance received, but not less than UAH 100 per month, and may be extended by an agreed decision of the Ministry of Social Policy and the United Nations World Food Programme;

- the payment of additional financial assistance is made by the United Nations World Food Programme for the respective month without the recipient's request;

- payment of additional financial assistance is made by transferring funds to the accounts of recipients of social assistance opened in banks selected by the United Nations World Food Programme, or by providing a service for the payment and delivery of additional financial assistance by an organisation selected by the United Nations World Food Programme that pays and delivers additional financial assistance at the place of actual residence of recipients of social assistance.

 

On 27 February, the CMU issued Resolution №167-r "On Approval of Methodological Recommendations for the Provision of Administrative Services to War Veterans and Persons Covered by the Law of Ukraine 'On the Status of War Veterans and Guarantees of Their Social Protection'".

These methodological recommendations are designed to assist administrative service centres in organising their work in the provision of administrative services:

- war veterans, whose status was granted in accordance with the Law of Ukraine "On the Status of War Veterans, Guarantees of Their Social Protection", persons with special services to the Motherland, and affected participants of the Revolution of Dignity;

- family members of war veterans, family members of deceased war veterans, family members of deceased defenders of Ukraine.

In accordance with paragraph 2 of the above-mentioned order, local governments are recommended to be guided by these methodological recommendations when organising the work of administrative service centres to provide administrative services to war veterans and persons covered by the Law of Ukraine "On the Status of War Veterans and Guarantees of Their Social Protection".

 

On 24 February, the CMU issued Resolution №148-r "On Approval of the Distribution of Additional Subsidies from the State Budget to Local Budgets in 2024 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". According to this order, more than UAH 6 billion was distributed among the budgets of individual municipalities from all oblasts of Ukraine.

 

On 6 February, the CMU issued Resolution №87-r "On the Distribution of Subventions from the State Budget to Local Budgets in 2024 for the Implementation of Projects under the Programme for the Restoration of Ukraine between Local Budgets". According to this order, nearly UAH 4.5 billion of subventions were distributed among the budgets of certain territorial communities in Vinnytsia, Dnipropetrovs'k, Zhytomyr, Kyiv, Kirovohrad, Odesa, Poltava, Sumy, Kharkiv, Cherkasy, and Chernihiv oblasts.

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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.
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#legislation
#legal corner
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