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Legal Hotline, June 14 2018

14/ 06/ 2018
  The Supreme Anti-corruption Court is going to be On June 7, 2018, the Verkhovna Rada of Ukraine has adopted the final draft of Law of Ukraine On the Supreme Anti-corruption Court, which was signed by the President of Ukraine in five days. The law defines the basis for the organization and activities of the Supreme Anti-corruption Court, special requirements to the judges of this court and guarantees of their activities, as well as the peculiarities for holding competitions on the position of judge of the Supreme Anti-corruption Court. The Supreme Anti-corruption Court is a permanent executive supreme specialized court in the Ukrainian judicial system which is located in Kyiv. Territorial jurisdiction (arbitrability) of the Supreme Anti-corruption Court extends to the entire territory of Ukraine. The Law will come into force the next day after it is published. After the new Law has entered into force, the formation procedure of the Supreme Anti-corruption Court will begin.   Small privatization beginning On June 5, 2018, the Resolution of the Cabinet of Ministers of Ukraine, dated May 10, 2018 under № 432 came into force. The resolution approves the Procedure for holding the auction sale of small-scale privatization objects. Thus, as of today, the regulatory system needed for a small privatization has been completely formed. According to the Law of Ukraine On the Privatization of State and Municipal Property, the small privatization shall be performed by electronic system ProZorro. Sale. In other words, this is a matter of selling objects of state or municipal property, value of which does not exceed UAH 250 million. The document contains a detailed description of procedures, ranging from the including of objects (lots) to the ProZorro system, sales, electronic auctions holding  to the determination of the winner bidder, the participation fee and its modalities, etc. In addition, the Procedure for selection and authorization of electronic platforms for electronic small privatization auctions holding is approved.   The electronic court testing In accordance to the Order of the Head of the National Judicial Administration of Ukraine under № 269 On Amendments to the Order of the National Judicial Administration of Ukraine dated March 23, 2017 under № 367, the testing of the subsystem of Unified Judicial Informational and Telecommunication System (ESITS) - Electronic court has become since June 04, 2018 in 18 pilot courts of the country. Today the usage of such a module is possible in the Kyiv Administrative Court of Appeal, the Odesa Regional Court of Appeal, the Kyiv District Court in Odesa, the Odesa Commercial Court of Appeal, the Odesa Regional Commercial Court, the Vinnytsa Administrative Court of Appeal, the Vinnytsia Regional Administrative Court, the Donetsk Administrative Court of Appeal, the Kyiv District Holosiyivsky, Darnytsky , Desniansky, Dniprovsky, Obolonsky, Pechersky, Podilsky, Sviatoshynskyi, Solomyansky, Shevchenkivsky Courts. Remember that, under the Law of Ukraine On the Organization of the Courts and Status of Judges Act, the judicial system provides the construction of the Unified Judicial Informational and Telecommunication System. In particular, under amendments to the procedural codes and a number of other laws (in the part of the trial), improved in the end of December last year, the recommended completion for implementation of ESITS in the National Judicial Administration of Ukraine is planned on January 1, 2019.   The change of bank details for crediting the state and local budget accounts Since February 07, 2018, state and local budget accounts with new bank details will be opened on the balance of the State Treasury Service of Ukraine (MFO 899998). New bank account details are published on the official website of the State Treasury Service of Ukraine.   Clarifications regarding the discharge of money out of RRO cash box into safe The Main Department of the State Fiscal Service in the Volyn oblast, in an individual consultation, dated May 24, 2018, under № 2301/IPK/03-20-14-05-11, has considered the issue of the official cash disbursement operation conducting in case of cash storage in a safe deposit box at the place of settlement. The controlling unit has come to the conclusion that cash can be discharged out of the RRO cash box into a safe without the conducting of the official cash disbursement operation. However, several conditions must be observed: a safe deposit box should be located at the place of settlement; the amount of cash at the place of settlement (total amount of funds in the safe and RRO) shall be equivalent to the amount of funds reflected in the daily report of the recording system (Z-Report); in such a safe only revenues from sales using RRO should be kept. The presence of private property of the cashier or other persons in such a safe is not acceptable; the usage of a safe deposit box for cash withdrawals from the RRO shall be executed by order of the head of the company. On the whole we believe that the mentioned above position of the controlling body is consistent with the pronouncements of current legislation.   The mechanism of premium payments debt relief for compulsory state social insurance The Procedure of premium payments debt relief for compulsory state social unemployment insurance was approved by the Resolution under №16, dated March 30, 2018, of the Board of the Compulsory State Social Unemployment Insurance Fund of Ukraine (hereinafter - the Procedure),  and came into force on June 5, 2018. In accordance with the provisions of the Procedure, the statements for premium payments debt relief are: adjudication of the insurance contribution payer in bankruptcy as prescribed by law, who could not satisfy the requirements due to the lack of the property and is subject to the registration in the EDR as a company or sole proprietor with terminated legal power by decision of the court; credit claiming to the policyholder after the expiring of the established deadline or the abolition of such claim in case of the subject is registered in the EDR as a company or sole proprietor with terminated legal power by decision of the court; the insurers liquidation, under conditions of premium payments claims remained unsatisfied due to the lack of the property of the policyholder, founders or participants in this business activity, if they bear full or additional responsibility for the obligations of the payer of insurance premiums in accordance with the requirements of the Civil and Commercial Codes of Ukraine; implementation of the sanation procedure to the debtor in case if this sanation plan provides the acquitment (cancellation) of premium payments debts; the declaration of an individual who uses hired labor, to be dead or missing by judicial decision; the courts decision, which came into force, on the refusal to recover the debt; force majeure that make indebtedness collection impossible.

The Supreme Anti-corruption Court is going to be

On June 7, 2018, the Verkhovna Rada of Ukraine has adopted the final draft of Law of Ukraine ‘On the Supreme Anti-corruption Court’, which was signed by the President of Ukraine in five days.

The law defines the basis for the organization and activities of the Supreme Anti-corruption Court, special requirements to the judges of this court and guarantees of their activities, as well as the peculiarities for holding competitions on the position of judge of the Supreme Anti-corruption Court.

The Supreme Anti-corruption Court is a permanent executive supreme specialized court in the Ukrainian judicial system which is located in Kyiv. Territorial jurisdiction (arbitrability) of the Supreme Anti-corruption Court extends to the entire territory of Ukraine.

The Law will come into force the next day after it is published.

After the new Law has entered into force, the formation procedure of the Supreme Anti-corruption Court will begin.

 

Small privatization beginning

On June 5, 2018, the Resolution of the Cabinet of Ministers of Ukraine, dated May 10, 2018 under № 432 came into force. The resolution approves the Procedure for holding the auction sale of small-scale privatization objects. Thus, as of today, the regulatory system needed for a small privatization has been completely formed.

According to the Law of Ukraine ‘On the Privatization of State and Municipal Property’, the small privatization shall be performed by electronic system ‘ProZorro. Sale’. In other words, this is a matter of selling objects of state or municipal property, value of which does not exceed UAH 250 million.

The document contains a detailed description of procedures, ranging from the including of objects (lots) to the ProZorro system, sales, electronic auctions holding  to the determination of the winner bidder, the participation fee and its modalities, etc. In addition, the Procedure for selection and authorization of electronic platforms for electronic small privatization auctions holding is approved.

 

The electronic court testing

In accordance to the Order of the Head of the National Judicial Administration of Ukraine under № 269 ‘On Amendments to the Order of the National Judicial Administration of Ukraine dated March 23, 2017 under № 367’, the testing of the subsystem of Unified Judicial Informational and Telecommunication System (ESITS) – ‘Electronic court’ has become since June 04, 2018 in 18 pilot courts of the country.

Today the usage of such a module is possible in the Kyiv Administrative Court of Appeal, the Odesa Regional Court of Appeal, the Kyiv District Court in Odesa, the Odesa Commercial Court of Appeal, the Odesa Regional Commercial Court, the Vinnytsa Administrative Court of Appeal, the Vinnytsia Regional Administrative Court, the Donetsk Administrative Court of Appeal, the Kyiv District Holosiyivsky, Darnytsky , Desniansky, Dniprovsky, Obolonsky, Pechersky, Podilsky, Sviatoshynskyi, Solomyansky, Shevchenkivsky Courts.

Remember that, under the Law of Ukraine ‘On the Organization of the Courts and Status of Judges Act’, the judicial system provides the construction of the Unified Judicial Informational and Telecommunication System. In particular, under amendments to the procedural codes and a number of other laws (in the part of the trial), improved in the end of December last year, the recommended completion for implementation of ESITS in the National Judicial Administration of Ukraine is planned on January 1, 2019.

 

The change of bank details for crediting the state and local budget accounts

Since February 07, 2018, state and local budget accounts with new bank details will be opened on the balance of the State Treasury Service of Ukraine (MFO 899998).

New bank account details are published on the official website of the State Treasury Service of Ukraine.

 

Clarifications regarding the discharge of money out of RRO cash box into safe

The Main Department of the State Fiscal Service in the Volyn oblast, in an individual consultation, dated May 24, 2018, under № 2301/IPK/03-20-14-05-11, has considered the issue of the ‘official cash disbursement’ operation conducting in case of cash storage in a safe deposit box at the place of settlement.

The controlling unit has come to the conclusion that cash can be discharged out of the RRO cash box into a safe without the conducting of the ‘official cash disbursement’ operation.

However, several conditions must be observed:

  • a safe deposit box should be located at the place of settlement;
  • the amount of cash at the place of settlement (total amount of funds in the safe and RRO) shall be equivalent to the amount of funds reflected in the daily report of the recording system (Z-Report);
  • in such a safe only revenues from sales using RRO should be kept. The presence of private property of the cashier or other persons in such a safe is not acceptable;
  • the usage of a safe deposit box for cash withdrawals from the RRO shall be executed by order of the head of the company.

On the whole we believe that the mentioned above position of the controlling body is consistent with the pronouncements of current legislation.

 

The mechanism of premium payments debt relief for compulsory state social insurance

The ‘Procedure of premium payments debt relief for compulsory state social unemployment insurance’ was approved by the Resolution under №16, dated March 30, 2018, of the Board of the Compulsory State Social Unemployment Insurance Fund of Ukraine (hereinafter – the Procedure),  and came into force on June 5, 2018.

In accordance with the provisions of the Procedure, the statements for premium payments debt relief are:

  • adjudication of the insurance contribution payer in bankruptcy as prescribed by law, who could not satisfy the requirements due to the lack of the property and is subject to the registration in the EDR as a company or sole proprietor with terminated legal power by decision of the court;
  • credit claiming to the policyholder after the expiring of the established deadline or the abolition of such claim in case of the subject is registered in the EDR as a company or sole proprietor with terminated legal power by decision of the court;
  • the insurer’s liquidation, under conditions of premium payments claims remained unsatisfied due to the lack of the property of the policyholder, founders or participants in this business activity, if they bear full or additional responsibility for the obligations of the payer of insurance premiums in accordance with the requirements of the Civil and Commercial Codes of Ukraine;
  • implementation of the sanation procedure to the debtor in case if this sanation plan provides the acquitment (cancellation) of premium payments debts;
  • the declaration of an individual who uses hired labor, to be dead or missing by judicial decision;
  • the court’s decision, which came into force, on the refusal to recover the debt;
  • force majeure that make indebtedness collection impossible.

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