22 October 2015, 14:35
The committee considered the draft law No. 2981 at its meeting on October 7.
As earlier reported, the draft laws Nos. 2981, 2982, 2983, and 2984 are part of Chapter 11 entitled "Decentralization, administrative services" of the package of 70 top-priority draft laws the Ukrainian Parliament has to consider before the end of its current session. The package has been formed to implement the Plan for legislative support to reforms initiated by Chairperson of the Verkhovna Rada Volodymyr Groysman.
The participants of the meeting noted that the draft law No. 2981 had been adopted by the Ukrainian Parliament as a basis on July 14, 2015.
After consideration of proposals to the Budget Code of Ukraine, the Committee plans to:
— change the proportions of accrual of payments for provision of information from state registers to state budget: 85% to the general fund, 15% to special fund. This will be in line with the Law of Ukraine No. 648-VIII dated July 17, 2015 "On amendments to the Law of Ukraine "On state budget of Ukraine for 2015" that sets respective proportions starting September 1, 2015.
— exclude expenditures for financing of bodies of the Ministry of Justice of Ukraine from the special fund of the state budget. Respective sources of these special fund in compliance with the draft law (Item 7-2 and Item 7-3, Section 3 of Article 29 of the Code) as well as the necessity to implement the decision of the Verkhovna Rada Committee on Budget Affairs dated July 2015 to exclude the provisions that envisage sending of the payments for information from state registers to finance the bodies of the Ministry of Justice during the adaptation of the draft law for second reading;
— supplement the name of the administrative fee for state registration of legal entities and individual entrepreneurs, name of respective state register and the name of central executive body engaged in implementation of state policy in the field of state registration with the words "and civil formations" to ensure the conformity with respective formulations in the basic draft law on state registration of legal entities, individual entrepreneurs and civil formations (the draft law No. 2983);
— not to envision administrative fees for state registration of acts of civil status in the revenues of general fund of budgets of cities of republican importance of the Autonomous Republic of Crimea and regional importance, cities of Kyiv and Sevastopol, district budgets, budgets of unified territorial communities created in compliance with the law and the projecting plan for formation of territorial communities as far as none of the basic draft laws (Nos. 2982, 2983 and 2984) envision such a fee. Instead at present in compliance with Article 20 of the Law of Ukraine "On state registration of civil status acts" this state registration envisions levying of a fee in compliance with Item 15, Section 1 of Article 64 and Item 20-2, Section 1 of Article 69 of the Code, that is delivered to respective local budgets;
— to specify the wording of amendments envisioned by the draft law to Item 24-1 and Item 24-4, Section 2 of Article 29; Item 26, Section 1 of Article 64 and Item 23, Section 1 of Article 66 of the Code and supplements to Section 1 of Article 64 of the Code with new Item 36-1 and Item 36-2 on accrual of administrative fees to state and local budgets to prevent from discrepancies between the terms of the Code and improper explanation of the provisions.
At the same time the committee drew attention to the fact that the draft law is transitional from all the three draft laws submitted by the same authors: "On state registration of the property rights to real estate and their encumbrances" No. 2982, "On state registration of legal entities, individual interpreters and civil formations" No. 2983, "On amendments to some legislative acts of Ukraine" (as to expansion of authorities of local self-government bodies and optimization of administrative services) No. 2984. These draft laws had also been passed by the Ukrainian Parliament in first reading and as a basis on July 14 2015. At present they are being prepared for second reading by the Verkhovna Rada Committee on Economic Policy, Verkhovna Rada Committee on Industrial Policy and Entrepreneurship and the Verkhovna Rada Committee on State Building, Regional Policy and Local Self-Government.
As a result of a consideration, the Committee decided to recommend that the Ukrainian Parliament consider the draft law "On amendments to the budget code of Ukraine" No. 2981 in second reading and on the whole in the final wording provided by the Committee in the comparison table to the draft law after consideration in second reading and adoption as a whole of draft laws "On state registration of property rights for real estate and their encumbrances" No. 2982, "On state registration of legal entities, individual interpreters and civil formations" No. 2983 and "On amendments to some legislative acts of Ukraine and expansion of authorities of local self-government bodies and optimization of administrative services" No. 2984.