Business news from Ukraine

PRESIDENT OF UKRAINE SIGNS LAW ON COUNTERING RAIDING

President of Ukraine Volodymyr Zelensky has signed the law on amending the Land Code of Ukraine and some other legislative acts to combat raiding adopted by the Verkhovna Rada on December 5, 2019.
According to information on the website of the Verkhovna Rada of Ukraine, on January 13 the document was returned with the signature of the president.
As reported, bill No. 0858 establishes that if a party to the contract wishes to refuse to automatically renew the land lease, then no later than 30 calendar days before the expiration of the contract, it must submit an application to the state register of property rights. In the absence of such a statement after the relevant expiration date of the contract, it is extended for the same period and with the same conditions.
The lease payment for land plots of state and municipal property leased at land tenders cannot be reduced by agreement of the parties during the term of the lease, as well as upon its renewal, as indicated in the document.
The bill also provides for the establishment of a guarantee contribution amount per lot at the level of 5% of the starting price for the sale of a land plot and 50% of the starting amount of the annual fee for using a land plot, but not less than 500 tax-free minimum incomes of citizens and not more than 5,000 tax-free minimum incomes of citizens.

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PRESIDENT OF UKRAINE VOLODYMYR ZELENSKY HAS SIGNED A LAW ON SETTLING THE ISSUE OF AMBER PRODUCTION, WHICH THE VERKHOVNA RADA ADOPTED ON DECEMBER 19

According to information on the website of the Verkhovna Rada of Ukraine, on December 27 the document was returned with the signature of the president.
As reported, the Verkhovna Rada adopted as a whole bill No. 2240 on settling the issue of amber extraction, which provides for the introduction of uniform exploration permits with the right to produce amber for a period of five years on plots of up to 10 hectares through ProZorro electronic auctions.
This decision was supported by 279 MPs with the quorum being 226 votes.
According to the bill, access to amber deposits will be regulated by establishing the right of land easements and defining separate Article 971 of the Land Code for exploration and mining on disturbed lands.
In addition, the document introduces criminal liability for illegal mining and administrative liability for violation of mining requirements, as well as toughens liability for non-compliance with land reclamation requirements and the obligation to compensate for losses incurred.

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VERSION OF LAW ON JOINT-STOCK COMPANIES TO REDUCE NUMBER OF APPEALS IN UKRAINIAN COURTS – REVEALING INFORMATION LAW FIRM

The new version of the law on joint-stock companies, proposed by lawmakers representing different parliamentary factions (bill No. 2493) will reduce the number of appeals in courts, but at the same time claims will concern more serious reasons, according to lawyers interviewed by Interfax-Ukraine.
“With regard to judicial practice, final conclusions can be drawn after the signing of the finalized law. But it is predicted that there will be fewer claims than now, but they will be on more significant occasions,” said Managing Partner at the Revealing Information law firm Alexander Keer.
Keer also said toughening the requirements for transparency of the activities of the supervisory boards of a joint-stock company, which is proposed by the bill, will narrow the range of opportunities for “avoiding” the law, which, in turn, will positively influence the number of complaints about violations.
In addition, Keer believes that changing the approach to dividing joint-stock companies into public and private, as well as the refusal to fix their types in joint-stock companies’ names will not significantly affect the business sector.
At the same time, he noted that an “institution of advisers,” which is proposed by the bill, indeed, can simplify the life of enterprises, but this institution will work only in a certain period of time.
“Positive is the simplification of the process of merging, joining, dividing, splitting, reorganizing a company, since this is not only a step towards simplifying a business, but also a step towards reducing the corruption component,” Keer said.

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LAW ON ROAD INFRASTRUCTURE SAFETY MANAGEMENT TO OPEN ACCESS TO BETTER FINANCING BY IFIS FOR UKRAINE

The law amending the law on automobile roads regarding the audit of road safety will open access to better financing of road construction by international financial institution (IFIs) for Ukraine, Senior Sector Engineer of the European Investment Bank (EIB) Per Mathiasen said at a press conference devoted to the results of the EIB Implementation Support to the Ukraine Urban Road Safety Project in Kyiv on Tuesday.
The European Investment Bank, the World Bank, the European Bank for Reconstruction and Development, all of them stress the importance of road safety, he said.
Mathiasen said that Ukraine needed to change the construction of roads for the safety of road users.
The new law will ensure that safety will become an integral part of the design and planning of new roads, he said.
In addition, according to Mathiasen, the law will make new roads safe and accessible for everyone: cars, cyclists and public transport.
In turn, Deputy Infrastructure Minister of Ukraine Natalia Forsiuk recalled that the government has set two key goals in the field of road infrastructure: “reducing travel time by 10% and reducing the number of traffic accidents by 30%.”
“That is, traffic safety is the only immediate priority of the government [in this area],” she said.
The main priority of the EIB Implementation Support to the Ukraine Urban Road Safety Project, which is funded by the Eastern Partnership Technical Assistance Trust Fund and implemented by Egis Ukraine, is the development of the law of Ukraine on automobile roads regarding the audit of road safety, preparation of technical documentation and boosting the capacity necessary to implement the road infrastructure safety management procedures and to promote the adoption of the law and its enforcement.
In order to implement this project, on October 17, 2019, the Verkhovna Rada of Ukraine adopted the law amending certain legislative acts of Ukraine on road safety management. The law contains most of the provisions of EU Directive 2008/96/EC on road infrastructure safety management, which is a version of the EU law on road infrastructure safety management procedures.
As reported, acting head of the State Automobile Roads Authority of Ukraine (Ukravtodor) Slawomir Nowak said that EBRD and EIB are ready to provide Ukraine with a targeted loan in the amount of EUR 900 million for the development of the road industry in 2020.
The level of road accidents in Ukraine is much higher than in EU countries.

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LAW ON FINANCING ROAD INDUSTRY OF UKRAINE IS SIGNED

President of Ukraine Volodymyr Zelensky has signed a bill No. 54-IX “On amendments into some legislative acts of Ukraine on the certain issues of implementation of the overall weight control,” which was adopted by the Verkhovna Rada on September 11, 2019, into law. “The document is meant to prevent premature destruction of the roads by overloaded vehicles, to reduce the cost of budget funds for their restoration, as well as to increase the level of road safety. It makes amendments to the Code of Ukraine on Administrative Offenses, the laws on sources of financing of the road facilities of Ukraine and on road transport,” a Press Office of the President reported.
According to the document, a violation of the rules for driving large and heavy vehicles on roads, streets or level crossings is punished by a fine of 500 tax-free minimum incomes of citizens if the overall weight and weight standards are exceeded by 5-10%. If these standards are exceeded by 10-20%, a fine in a sum of 1,000 non-taxable minimum incomes of citizens is imposed. Exceeding the overall weight and weight standards by more than 20% provides for a fine of 2,000 tax-free minimum incomes of citizens.
In addition, the head of state signed bill No. 74-IX “On amendments to the Budget Code of Ukraine regarding the sources that set up the state road fund,” which was adopted by parliament on September 12, into law.
According to law, Budget Code of Ukraine envisages transfer to the state road fund of 50% of revenues from administrative fines for violation of the legislation on road transport if exceeding the overall weight and weight norms stipulated by legislation and 50% of revenues of administrative fines for violation of the rules for movements of bulky and heavy vehicles on roads, streets or level crossings.
The President’s Office noted that the entry into force of the law would allow raising additional resources to finance the road industry and introducing measures to ensure road safety.

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ZELENSKY SIGNS IMPEACHMENT LAW

President of Ukraine Volodymyr Zelensky has signed the law “On a special procedure for removing the president of Ukraine from office (impeachment)” (No. 1012) adopted by the Verkhovna Rada.
On September 23, the bill was “returned with the signature of the president,” the parliament’s website said.
As reported, on September 10, the Verkhovna Rada adopted on the whole the presidential bill No. 1012, according to which the parliament can remove the president of Ukraine from office by impeachment only if he commits treason or another crime.
When a motion of impeachment is added to the Verkhovna Rada’s agenda, an ad hoc investigative commission is set up to look into the fact and circumstances of the president’s treason or other crime.
After the Verkhovna Rada decides to impeach the president, the parliament must appeal to the Constitutional and Supreme Courts.
“If the Constitutional and Supreme Courts confirm the constitutionality of the investigative and impeachment procedures and signs of treason or another crime committed by the Ukrainian president, the Verkhovna Rada … decides to remove the Ukrainian president from office as a result of impeachment … The relevant resolution passes according to at least three quarters of a constitutional majority of Verkhovna Rada deputies,” the bill says.
If the impeachment resolution does not pass, the Verkhovna Rada chairman will apologize to the president.

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