The Verkhovna Rada of Ukraine (hereinafter – the VRU) is considering Draft Law #5420 “On Amendments to the Criminal and Criminal Procedure Codes of Ukraine on Criminalization of Smuggling of Goods” dated 04/23/2021 (hereinafter – Draft Law #5420). The above draft law is currently being prepared for the second reading.
Adoption of the Draft Law No. 5420 without its finalization and without taking into account the comments expressed by the business community may harm law-abiding businesses, which today face significant problems when exporting and importing goods due to the blocking of Ukraine’s borders and the inability to carry out transportation by other means than land.
During the previous stages of consideration of Draft Law #5420 in the Parliament, Chamber Member Companies’ experts repeatedly provided comments and suggestions to the text of the document. The Chamber Member Companies’ experts are grateful to MPs and members of the relevant VRU Committees for taking into account some of the proposals of the business community (in particular, removing the article on “False Declaration of Goods” from the Draft Law #5420). At the same time, the business community reiterated its proposal to supplement the sanction of the proposed article of the Criminal Code of Ukraine (hereinafter – the CCU) with provisions on mandatory confiscation and destruction of alcoholic beverages and tobacco products that are smuggled. In addition, the Chamber Member Companies’ experts strongly oppose the wording of Article 201-3 of the CCU “Smuggling of Goods” (regarding non-taxable goods) contained in Draft Law #5420.
The Chamber Member Companies unequivocally support the government’s intentions to combat illegal schemes in customs clearance of goods, in particular, if the subject of the offense is excisable goods. Since tax revenues from excisable goods, in particular, help to fill the State Budget during the ongoing war, it is crucial to effectively combat illegal import of such products into Ukraine. In addition, the illegal export of excisable goods from Ukraine damages the reputation of our country in relations with international partners. For example, according to a recent study by KPMG, Ukraine is the second largest supplier of illegal tobacco products to the European Union (EU) market. At the same time, criminal liability for smuggling excisable goods is enshrined in the EU legislation.
At the same time, the introduction of criminal liability for smuggling of non-excisable goods in the wording proposed by the draft law will not only not contribute to the effectiveness of combating the shadow economy, but will, on the contrary, lead to numerous corruption risks and prerequisites for abuse by regulatory and law enforcement agencies, as well as illegal pressure on legally operating businesses.
In particular, the legal construction of the objective side of the crime of “moving goods across the customs border of Ukraine outside customs control or concealed from customs control” is an outdated norm of the USSR, and is also extremely vague, in fact allowing the registration of criminal proceedings in any disputable situations arising during customs control (including in the absence of criminal intent, as the current version of the draft law does not provide for an intentional form of guilt in smuggling).
Representatives of the business community sent numerous letters to MPs and public authorities asking them to substantially revise Draft Law No. 5420 and hold thorough discussions with business and experts.
The American Chamber of Commerce calls on MPs to finalize Draft Law #5420 and remove the proposed wording of Article 201-3 of the CCU “Smuggling of Goods” or significantly change the wording of the description of the objective side of the crime, providing that criminal liability is incurred exclusively for intentional customs fraud committed with the purpose of evading customs duties or avoiding non-tariff regulation.
This year, Ukrainian agrarians grew 81 million tons of gross grain harvest, which is 5-6% of global production, said Mykola Gorbachev, President of the Ukrainian Grain Association (UGA).
“Ukraine is located on such soils that we depend on weather factors more than on technology. Although technologies in Ukraine have advanced over the past 20-30 years, and we have grown 100 million tons of grain, which we used to grow 30 million tons. This year, we were lucky with the weather – yields for all crops were above average. We got a record yield for each of the crops,” he said at the Business Breakfast with Forbes Ukraine on Wednesday.
According to the UGA president, this allowed the country to compensate for the loss of 6 million hectares of arable land that is currently under occupation and on the front line and is not cultivated by farmers.
“The world produces more than 2.5 billion tons of grain, of which Ukraine has grown more than 80 million tons this year. If we look at grain trade in absolute terms, Ukraine accounts for about 5-6%. This is a serious impact (on the global market – IF-U),” Gorbachev emphasized, adding that this share of grain production does not allow Ukraine to control the global market.
He reminded that farmers do not depend on the volume of production, but on the prices for it, and expressed hope that the 2023-2024 marketing year will allow for further equalization of world prices and Ukrainian farmers will not be at a loss.
As reported, this season winter wheat plantings amounted to 4166 thou hectares (-834 thou hectares compared to the previous season), winter barley – 536 thou hectares (-255 thou hectares), and rapeseed – 1374 thou hectares (+110 thou hectares).
According to the adjusted forecast of the Ministry of Agrarian Policy, in 2023, farmers will be able to harvest 79.1 mln tons of grains and oilseeds, including 57.5 mln tons of grains and 21.6 mln tons of oilseeds.
On November 3 this year, the UGA updated its estimate of the potential harvest in 2023, increasing it to 81.6 mln tonnes of grains and oilseeds, which is 10.6% more than in 2022, when 73.8 mln tonnes were harvested.
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Ukraine will be able to export 50 million tons of grains and oilseeds from the 2023 harvest, as well as about 10 million tons of vegetable oils and meals to global markets, said Mykola Gorbachev, president of the Ukrainian Grain Association.
“We planned to export about 5 million tons per month. However, in the first four months (the grain marketing year starts in July – IF-U) this did not happen. We were unable to increase shipments through the Danube ports, which accounted for 3.5-3.7 million tons per month. With the launch of the grain corridor, the ports of Greater Odesa have a lot of potential. It is possible to ship 3-4 million tons (of grains and oilseeds – IF-U) per month through the ports of Greater Odesa alone,” he said at the Business Breakfast with Forbes Ukraine on Wednesday.
In total, Ukraine will be able to export about 6 million tons of grain a month through the sea corridor and across its western borders, according to the UGA president’s estimates, which was already done in November.
“We will be able to work harder, increase (exports – IF-U) a little bit more, and I think it will be technically feasible to supply 50 million tons of grains and oilseeds to foreign markets,” Gorbachev said.
He added that Ukraine will produce another 10 million tons of agro-processed products, including vegetable oils and meals.
“We will sell most of the grain and manufactured products. For us, this is more than 50% of the country’s foreign exchange earnings, which stabilizes the hryvnia. I think the state has little choice: either the harvest will rot or it is better to sell it. Of course, it’s better to sell,” said the UGA president and expressed confidence that traders will cope with this task if the military ensures the safety of shipping at the current level.
Gorbachev emphasized that in 2023 Ukraine managed to maintain its status as the world’s breadbasket, as farmers grew 81 million tons of grains and oilseeds against domestic consumption of 23-24 million tons. He emphasized that Ukraine produces three to four times more crops and processed products than it consumes, so the agricultural sector is clearly export-oriented.
On November 30, the shareholders’ meeting of InterExpress Insurance Company (Kyiv) decided to increase its authorized capital from UAH 7.3 million to UAH 32.3 million through an additional issue of UAH 25 million, the company reported in the information disclosure system of the National Securities and Stock Market Commission (NSSMC).
According to the report, 2.5 thousand shares with a par value of UAH 10 thousand are planned to be sold during the private placement.
It is also specified that at the time of the decision, the company’s shareholders are Viktor Kushnir – 55.068% of shares, Lyudmila Rud – 9.863%, Valery Andreitsev – 7.671%, Elena Troyan – 9.863%, Victoria Kushnir – 8.904%.
According to the published information, UAH 23 million from the issue will be allocated to deposit accounts, and UAH 2 million will be used to update the website for online sales of insurance products.
As reported, InterExpress Insurance Company was registered in 2004 and specializes in risky types of insurance.
In January-September 2023, the company collected gross insurance premiums in the amount of UAH 41.278 million, which is 18.76% more than in the same period a year earlier. Net premiums collected by the company increased by 26.67% to UAH 37.835 million, and earned premiums increased by 14.09% to UAH 38.475 million.
The volume of claims paid by the insurer increased by 3.42% to UAH 12.894 million, while their level decreased by 4.63 p.p. to 31.24%.
The financial result from operating activities increased to UAH 8.249 million, while net profit increased to UAH 6.947 million.
As of September 30, 2023, the insurer’s assets increased by 9.10% to UAH 52.249 million, equity – by 13.10% to UAH 42.488 million, liabilities decreased by 5.43% to UAH 9.761 million, and cash and cash equivalents – by 12.46% to UAH 5.658 million.
