05 February 2011, 09:16
The following Laws adjusted for the motions of the President of Ukraine were adopted:
1. "On Amendments to the Law "On Joint Stock Companies" (re Enhancement of Activity of the Joint-Stock Companies). The Law amends the effective legislation to improve its principles on joint-stock companies, order of holding the shareholder meetings, formation of supervisory board, etc. The Law alters the order of the shares carve-out in part of exclusion of the pre-emptive right. The Law also supplements the effective Law with a clause on the order of the stockholder owner´s purchase of 95% of the company shares. The price on stocks to be purchased can not be less than the average market price formed by stock exchange. If the company shares are unavailable at the stock exchange, the price of shares can not be less than the price established by an independent appraiser. The value of services of independent appraiser is payable by a person (persons) that own 95% of company share.
2. "On Amendments to the Law "On Public Purchases" and "On the Organization of the Final Part of the European Football Championship 2012 in Ukraine." The Law changes the title in the respective laws from "a special authorized central executive body to prepare and hold the final part of the European Football Championship 2012 in Ukraine" to "a special authorized central executive body to implement the infrastructural projects to prepare and hold the final part of the European Football Championship 2012 and other international sport events in Ukraine."
The following Laws were adopted:
1. "On Amendments to the Constitution of Ukraine regarding Conduction of Regular Elections to the Verkhovna Rada of the Autonomous Republic of the Crimea, Local Councils, and Village, Township and City Mayors." Under the Law, the constitutional personnel of the Verkhovna Rada of Ukraine comprises 450 People´s Deputies of Ukraine elected on the principles of a common direct suffrage by means of secret ballot for a five-year period (clause 76). Under part 1 of clause 77, regular elections to the Verkhovna Rada of Ukraine are held on last Sunday of the 5th year of the Verkhovna Rada of Ukraine authorities. Under the Law, "regular elections of the President of Ukraine are held on last Sunday of March of the 5th year of the President of Ukraine authorities. In case of an early termination of the presidential authorities, early elections are held within 90 days since the termination of the authorities."
2. "On Amendments to the Law "On Vine and Grape Wine." The Law introduces clear-cut definitions of terms in the national winegrowing and winemaking, and specifies several provisions of national legislation on fighting wine adulteration. Pursuant to the document, the wines with historical prototypes, production of which involves special manufacturing methods, shall bear the following name: "wines of special type."
3. "On Amendments to Clause 3 of the Law "On State Regulation of Sugar Manufacture and Sale" (re Licensing of Sugar Wholesale). To cut down the types of economic activity subject to licensing, the Law excludes the following parts from clause 3 of the applicable law on licensing of sugar wholesale: part one (the body authorized by the Cabinet of Ministers issues special permits (licenses) for the sugar sale in the territory of Ukraine within quota A by applications of the sugar wholesale enterprises, considering quarterly and monthly volumes), part two (business entities effect sugar wholesale in the domestic market of Ukraine under a special permit (license). The number of licenses for sugar wholesale is unlimited), and part four (business entities effecting retail trade in sugar are authorized to get the sugar for sale only from the entities that have special permits (licenses) for sugar wholesale).
4. "On Amendments to several Legislative Acts of Ukraine" (re Regulation of Labour and Official Legal Relations, and Correction of Deficiencies in the Laws on the State Secret). The Law amended clauses 22, 23, 24 of the Law "On State Secret" and clause 40 of the Code of the Laws on Labour of Ukraine. Under the bill, the right of access to the state secret is transferred from the head of the body, establishment, and enterprise to the bodies of the Security Service of Ukraine (upon enactment of the Law "On Amendments to the Law of Ukraine "On State Secret").
5. "On Amendments to Clause 155 of the Criminal Procedural Code of Ukraine regarding Foundation for Placement in Detention." The Law introduces international standards regarding employment of preliminary measures alternative to placement in detention. It sets clear-cut criteria and grounds for placement in detention to narrow the cases, when the suspects, the accused or the defendants can be placed in detention. Under the Law, detention as a pre-trial restriction can be effected in the cases of crimes punishable by imprisonment for more than five years, if a more lenient punishment can not be administered.
6. "On Amendments to Certain Legislative Acts of Ukraine regarding the Appeal against the Court of Arbitration Judgment and Issue of the Enforcement Order at the Judgment of the Court of Arbitration." The Law supplements the Civil Procedural Code of Ukraine with a new Chapter VII-1 "Proceedings in the Cases of Appeal against the Court of Arbitration Judgment, and Writs of Execution due to the Court of Arbitration Judgment" that determines the peculiarities of the juridical scrutiny of appeals against the court of arbitration judgments and writs of execution due to the court of arbitration judgments. The bill contains principles on appeals against court of arbitration judgments. Namely it is envisaged that the parties, third parties and individuals do not taking part in the case, have the right on appeal to the economic court with the appeal on rejection of the resolution of the court of arbitration if the court of arbitration the made judgment regarding their rights and duties.
7. "On Amendments to the Economic Procedural Code of Ukraine" (regarding the Appeal against the Court of Arbitration Judgment and Enforcement Order Acceptance). The Law supplements the Economic Procedural Code of Ukraine with a new chapter ХVІ "Proceedings in the Cases on Cancellation of the Arbitral Tribunal Resolutions, and Issue of the Enforcement Orders due to the Arbitral Tribunal Resolution", determining the court processing of appeals against the resolution of the arbitral tribunals, and receipt of the enforcement orders.
8. "On Amendments to Clause 81 of the Civil Procedural Code of Ukraine" (re Compensation of Expenses for the Information and Technical Support of the Scrutiny of Cases on Validation and Implementation of the Resolutions of Foreign Courts in Ukraine). The Law supplements part 3 of clause 81 of the Civil Procedural Code of Ukraine with a new paragraph 6, whereby the expenses for the information and technical support of the scrutiny of cases on validation and implementation of the resolutions of foreign courts in Ukraine are not covered by appealing to court, but are payable by the parties after the scrutiny. The document prevents petitions for the validation and implementation of the resolution of a foreign court, guarantee access to the law, and support the rights of individuals and legal entities.
9. "On Amendments to the Law of Ukraine "On the Judicial System and the Status of Judges" (re Special Training of the Candidates for the Office of a Judge). The Law improves the procedure of appointing the judges to the office of a judge for the first time; regulates the issues on the training of the candidates for the office of a judge; and supports effective work of the bodies in charge of selecting the judges.
10. "On Amendments to Clause 6 of the Law "On Courts of Arbitration" (re Court Jurisdiction over Cases on Consumer Rights). The Law refers to the cases in disputes on consumer rights, namely, those of bank (credit union) services as such that can not be subject to the courts of arbitration.Upon enactment of the Law, the courts of arbitration terminate consideration of cases in disputes on consumer rights, namely, those of bank (credit union) services, that had been commenced before the date of enactment, and pass motivated resolutions.
11. "On Amendments to the Law "On Postal Service." The Law determines the types of attachments forbidden for sending by post, and specifies the order of their withdrawal and disposal. Under the Law, "it is forbidden to send the post attachments that endanger human life, health and cause damage to other post attachments or post equipment. The register of attachments that are forbidden for sending by post and the procedure of their withdrawal and disposal are determined by the Cabinet of Ministers of Ukraine."
12. "On Amendments to certain Legislative Acts of Ukraine concerning Preliminary Documentary Control in the Admission Points at the Customs Border." The Law amends several laws of Ukraine to alleviate the regime of control over certain commodities subject to sanitary-and-epidemiologic, veterinary and sanitary, phytosanitary, ecological monitoring, and control over the movement of cultural valuables through the State Border of Ukraine. The Law coordinates the national customs policy with the international requirements, and its regulations already include the bill on amendments to the Customs Code of Ukraine aimed at comprehensive harmonization of Ukrainian laws on customs affairs with the international standards.
13. "On Amendments to Clause 75 of the Law of Ukraine "On Banks and Banking" (re Period of Authorities of a Provisional Administration). The People´s Deputies passed the decree of the President of Ukraine to direct peacekeeping forces of Ukraine that takes part in UN mission in Liberia, to the territory of a neighboring country - Cote d'Ivoire for the period fixed by the United Nations Security Council (up to three months). Pursuant to the Law, the costs connected with the participation of Ukraine in military support to the UN mission in Cote d'Ivoire shall be covered by the State Budget of Ukraine with the further cost recovery on the part of the UN.
14. "On Amendments to Clause 75 of the Law of Ukraine "On Banks and Banking" (re Period of Authorities of a Provisional Administration). The legislative act permits the National Bank of Ukraine to give extra authorities to the provisional administration for the strategic banks for the period up to 18 month instead of 1 year as envisaged by the effective norm of clause 75 of the Law "On Banks and Banking Activity."
The following resolutions were adopted:
1. "On Agenda of the Eighth Session of the Verkhovna Rada of Ukraine of the Sixth Convocation."
2. "On Celebration of the 170th Anniversary of Birth of Mykhailo Drahomanov, Prominent Ukrainian Writer, Publicist, Historian and Public Figure."
3. "On Conduction of the Parliamentary Hearings: "On State and Perspectives of Economic Relations with the EU (Free Trade Zone) and Custom Union" (May 11, 2011)."
4. "On Guidelines of the Parliamentary Hearings on the Status of the Youth in Ukraine "Youth for the Health Lifestyle"."
5. "On Celebration of the 65th Anniversary of Accession of Zakarpattia Region to Ukraine."
6. "On the State Celebration of the 1800th Anniversary of Foundation of the City of Sudak."
The following resolutions were passed:
1. "On Early Termination of Authorities of the People´s Deputies of Ukraine due to their Resignation: V.F.Demishkan, M.V.Dzhyha, H.O.Illiashov, M.V.Zlochevskyi, L.I.Fesenko, D.A.Salamatin, O.V.Boiarchuk, I.H.Kalietnik, O.M.Babaiev."
2. "On Appointment and Dismissal of Judges."
93 deputy inquiries were read out.
Several bills were adopted as a basis, referred to the repeated scrutiny, rejected, and withdrawn.