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Legal news for engineers July - August 2022

Martial law continued

On August 15, 2022, the Verkhovna Rada approved the Presidential Decree on the extension of martial law from 05:30 on August 23, 2022 for a period of 90 days.

Equipment for the storage of grain and/or oil crops is exempt from customs duties

On August 17, 2022, Law No. 2445-IX entered into force, by which the Verkhovna Rada exempted from import duty the following products and equipment for storage, transportation, loading and unloading of grain and/or oil crops:

- polymer sleeves and bags with a volume of at least 0.8 cubic meters for the storage of agricultural products, classified in commodity subcategories 3917 31 00 90, 3917 32 00 90, 3917 39 00 90, 3923 21 00 00, 3923 29 90 00, 3923 90 00 00, 5407 20 11 00, 5407 20 19 00, 6305 32 11 00, 6305 32 19 00 according to UKT ZED;

- trailers and semi-trailers with self-loading or self-unloading for the transportation of agricultural products, which are classified in commodity subcategory 8716 20 00 00 according to the UCT of the ZED.

Such exemption shall remain in force during martial law and for 30 days after its lifting.

Processing of permit documents for owners of privatized enterprises has been simplified

On August 19, 2022, Law No. 2468-IX entered into force, which provides for procedures for automatic reissuance of permit documents (licenses, permits, etc.) for business entities that privatized single property complexes of state or communal enterprises. Permit documents are reissued on the same terms and for the same terms for which they were issued for a privatized state or communal enterprise.

Moratorium on tariff increases

On August 19, 2022, Law No. 2479-IX entered into force, establishing a moratorium on tariff increases for certain services in the energy sector.

In particular, it is provided that during the period of martial law in Ukraine and six months after the month in which martial law is terminated, it is prohibited to increase tariffs for all categories of consumers for services for the distribution of natural gas and thermal energy (its production, transportation and supply) and services from the supply of thermal energy and the supply of hot water.

New Law on Medicinal Products

On August 18, 2022, the Law of Ukraine "On Medicinal Products" was published, which was adopted by the Verkhovna Rada on July 28, 2022.

The law comes into effect 30 months after the end of martial law. From that moment, the currently valid Law "On Medicinal Products" No. 123/96-ВР of 04.04.1996 will expire.

The new law is very extensive and regulates the entire complex of relations related to the creation, pharmaceutical development, preclinical research, clinical research (trials), state registration of medicinal products, production, manufacture (production) in the conditions of a pharmacy, appointment, application, import, wholesale and retail trade, distance trade, drug quality control, pharmacovigilance, and also determines the rights and obligations of legal entities and individuals, the powers of state authorities and officials in the field related to the production and circulation of medicinal products.

We recommend that everyone involved in the production and circulation of medicinal products familiarize themselves with the provisions of this law in more detail and prepare in advance for innovations.

Changes in labor legislation

On August 19, 2022, the Law of Ukraine "On Amendments to Certain Legislative Acts of Ukraine on Simplifying the Regulation of Labor Relations in the Field of Small and Medium-Sized Businesses and Reducing the Administrative Burden on Business Activity" entered into force.

As indicated in the title of the law, it simplifies the regulation of labor relations for small and medium-sized businesses (the number of employees is up to 250 people). The law provides more flexibility in regulating labor relations directly in contracts between the employee and the employer.

It also gives the right to the employer to dismiss the employee for any reason, except for obvious discrimination, by paying him the following amounts of compensation:

1) half of the minimum wage - if the sum of the employee's periods of work with this employer is no more than 30 days;

2) minimum wage - if the sum of the employee's periods of work with this employer is more than 30 days;

3) three minimum wages - if the sum of the employee's periods of employment with this employer is more than one year;

4) five minimum wages - if the sum of the periods of work of the employee with this employer is more than two years.


Peculiarities of technical control of vehicles for the period of martial law

On August 19, 2022, the Cabinet of Ministers, by its resolution No. 944, established that during the period of martial law and within 90 days after its cancellation:

– the requirement to place a self-adhesive radio frequency identification label in the upper right part of the windshield on a vehicle subject to mandatory technical control does not apply;

- subjects of mandatory technical control of vehicles, who received forms of protocols for checking the technical condition of the vehicle before the entry into force of this resolution, use them until they are completely used up.

The government is canceling the easing of labeling requirements for foreign food products

On August 19, 2022, the Cabinet of Ministers amended its Resolution No. 234 dated March 9, 2022, which allowed the introduction of imported food products labeled in a foreign language without Ukrainian dubbing.

Now it is allowed only for products that will be imported before 01.12.2022.

The procedure for compensation of the interest rate on export credits is determined

On 08/23/2022, the Cabinet of Ministers by its resolution No. 943 approved the Procedure and conditions for partial compensation of the interest rate on export credits.

A Ukrainian exporter who meets the following criteria can receive partial compensation of the interest rate on an export credit:

  • the borrower is an individual entrepreneur — a resident or a legal entity — a resident, whose participants (founders) are natural or legal persons — residents, including public associations of persons with disabilities, the ultimate beneficial owners (controllers) of which are natural persons — residents;
  • the borrower is registered on the territory of Ukraine (except temporarily occupied territories);
  • no bankruptcy proceedings have been opened against the borrower, he is not in the process of liquidation. The borrower's compliance with the specified requirements is checked taking into account information from the Unified State Register of Legal Entities, Individuals — Entrepreneurs, and Public Organizations;
  • the borrower does not have, as of the 1st of the month in which the decision on compensation will be made, arrears for the payment of taxes, fees and other payments to the budget that are overdue for more than six months, the control of which is entrusted to the DPS authorities;
  • for a newly created business (startup), the borrower must have a business plan for the implementation of the project (implementation of a foreign economic agreement (contract), for the implementation of which export credit is involved;
  • the borrower is not classified as a legal entity or individual to whom special economic and other restrictive measures (sanctions) are applied by the relevant decisions of the National Security and Defense Council of Ukraine, put into effect by the Decree of the President of Ukraine on the application of personal special economic and other restrictive measures (sanctions) in accordance to the Law of Ukraine "On Sanctions".

The resolution also sets out the detailed conditions and procedure for submitting documents to receive compensation.



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