Legal Hotline, September 6 2018

11/ 09/ 2018

Terms of VAT compensation to soybeans and turnips producers were changed On August 30, 2018, the President signed Law of Ukraine as of May 22, 2018, No. 2440-VIII “On Amendments to Subsection 2 of Section XX “Transitional Provisions” of the Tax Code of Ukraine on Certain Issues of Imposition of Value Added Tax On Export of Oil Crops Beyond Customs Territory of Ukraine”. The law became effective on the day following the day of its publication, namely September 01, 2018. It specifies that cancellation of VAT compensation while exporting soybeans and turnips does not spread on agricultural businesses which have grown these cultures independently on agricultural lands owned, possessed, rented (subrented) or perpetually leased by such businesses. Experts and European Business Association applied to the President with proposal to veto the law, as it violates the interests of farmers and limits their access to foreign markets. An alternative draft law, which proposes to eliminate all restrictions of VAT compensation in terms of oil crops export, was submitted to the Verkhovna Rada, but it did not get the required number of votes. Language requirements to marking medications changed On August 29, 2018, the Cabinet of Ministers of Ukraine adopted Resolution No. 672 “On Amendment to Clause 1 of Resolution No. 622 dated July 22, 2015, “Certain Issues of State Purchases of Medicinal Products and Medical Devices Involving Specialized Purchasing Organizations.” The aforementioned Resolution No. 672 was adopted to implement the decision No. 1-1/2018 of the Constitutional Court of Ukraine dated February 28, 2018. According to this decision, the Constitutional Court deemed unlawful provisions of the Law of Ukraine “On the Principles of the State Language Policy” dated July 03, 2012, in particular the provision on marking medicinal products and medical devices to be purchased by results of procurement procedure conducted by specialized organization under the Law of Ukraine “On State Procurement.” By results of the respective changes, such products and instructions for their use may be marked either in official language or in original language, i.e. in any foreign language. In case if markings of such products and instructions for their use are written in foreign language, the Ministry of Health may ensure translation of such instructions for the use of products into Ukrainian. New rules to conduct immovable property agreements By Order No. 2785/5 dated August 27, 2018, the Ministry of Justice of Ukraine changed the existing Procedure of Notarial Actions by the Notaries of Ukraine. In particular, it specified that in the event the government registration of ownership right to a land plot or real estate object is made without issuing a document that certifies such right, or when the relevant entitling document is lost, damaged or destroyed, a notarial action in regard to such property shall be made based on information obtained from the State Register of Material Rights to Immovable Property by means of direct access to it (the Rules did not specify such terms before). When executing agreement on alienation of immovable property, alienator shall submit application on existence/absence of rights of underage children and minors, disabled or partially disabled persons to use such property. In order to verify absence of rights of underage children and minors, disabled or partially disabled persons to use the alienated immovable property a notary shall have the right to request enterprises, establishments and organizations to provide information and documents required to execute such deed. In addition, when certifying agreements on alienation or pledge of immovable property, a notary shall verify that there is no tax lien, alienation prohibition or seizure of property by means of immediate access to the State Register of Material Rights to Immovable Property. Agreements on alienation or pledge of movable property shall be certified by a notary after verification of absence of tax lien in accordance with data of the State Register of Encumbrances over Movable Property with respective excerpts made in this regard.

Terms of VAT compensation to soybeans and turnips producers were changed

On August 30, 2018, the President signed Law of Ukraine as of May 22, 2018, No. 2440-VIII “On Amendments to Subsection 2 of Section XX “Transitional Provisions” of the Tax Code of Ukraine on Certain Issues of Imposition of Value Added Tax On Export of Oil Crops Beyond Customs Territory of Ukraine”. The law became effective on the day following the day of its publication, namely September 01, 2018.

It specifies that cancellation of VAT compensation while exporting soybeans and turnips does not spread on agricultural businesses which have grown these cultures independently on agricultural lands owned, possessed, rented (subrented) or perpetually leased by such businesses.

Experts and European Business Association applied to the President with proposal to veto the law, as it violates the interests of farmers and limits their access to foreign markets. An alternative draft law, which proposes to eliminate all restrictions of VAT compensation in terms of oil crops export, was submitted to the Verkhovna Rada, but it did not get the required number of votes.

Language requirements to marking medications changed

On August 29, 2018, the Cabinet of Ministers of Ukraine adopted Resolution No. 672 “On Amendment to Clause 1 of Resolution No. 622 dated July 22, 2015, “Certain Issues of State Purchases of Medicinal Products and Medical Devices Involving Specialized Purchasing Organizations.”

The aforementioned Resolution No. 672 was adopted to implement the decision No. 1-1/2018 of the Constitutional Court of Ukraine dated February 28, 2018. According to this decision, the Constitutional Court deemed unlawful provisions of the Law of Ukraine “On the Principles of the State Language Policy” dated July 03, 2012, in particular the provision on marking medicinal products and medical devices to be purchased by results of procurement procedure conducted by specialized organization under the Law of Ukraine “On State Procurement.”

By results of the respective changes, such products and instructions for their use may be marked either in official language or in original language, i.e. in any foreign language. In case if markings of such products and instructions for their use are written in foreign language, the Ministry of Health may ensure translation of such instructions for the use of products into Ukrainian.

New rules to conduct immovable property agreements

By Order No. 2785/5 dated August 27, 2018, the Ministry of Justice of Ukraine changed the existing Procedure of Notarial Actions by the Notaries of Ukraine.

In particular, it specified that in the event the government registration of ownership right to a land plot or real estate object is made without issuing a document that certifies such right, or when the relevant entitling document is lost, damaged or destroyed, a notarial action in regard to such property shall be made based on information obtained from the State Register of Material Rights to Immovable Property by means of direct access to it (the Rules did not specify such terms before).

When executing agreement on alienation of immovable property, alienator shall submit application on existence/absence of rights of underage children and minors, disabled or partially disabled persons to use such property. In order to verify absence of rights of underage children and minors, disabled or partially disabled persons to use the alienated immovable property a notary shall have the right to request enterprises, establishments and organizations to provide information and documents required to execute such deed.

In addition, when certifying agreements on alienation or pledge of immovable property, a notary shall verify that there is no tax lien, alienation prohibition or seizure of property by means of immediate access to the State Register of Material Rights to Immovable Property. Agreements on alienation or pledge of movable property shall be certified by a notary after verification of absence of tax lien in accordance with data of the State Register of Encumbrances over Movable Property with respective excerpts made in this regard.