05 July 2013, 16:33
The Law of Ukraine “On amendments to several legislative acts of Ukraine re refining the system of personal data protection” was adopted in entirety with consideration of proposals of the President of Ukraine
The Law was adopted by the Verkhovna Rada on 14 May 2013. It amends the Code of Ukraine on Administrative Infringements, the Law “On Personal Data Protection” and the Law “On ratification of Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data and Additional Protocol to the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data regarding supervisory authorities and transborder data flows” and determines the Human Rights Commissioner of the Verkhovna Rada of Ukraine the authorized body in the sphere of personal data protection.
In particular, people’s deputies took into account the proposals of the Presidents of Ukraine: to include to Chapter II “Final and Transitional Clauses” sub-clause 3 of clause 3 and supplement it with the instruction re transition of register of personal data basis and applications for registration of personal data basis submitted in prescribed procedure till the enactment of this law to the Human Rights Commissioner of the Verkhovna Rada of Ukraine.
The respective bill was registered under No. 2836.
The following laws were adopted in entirety:
“On amendments to the Law “On State Budget of Ukraine for 2013” (re increasing expenditures to maintain State institution “National Institute of Cardiovascular Surgery named after M.M.Amosov of the National Academy of Medical Sciences of Ukraine”)
The law provides for increasing the amount of expenditure from the general fund of state budget, particularly, budgetary allocations for the National Academy of Medical Sciences of Ukraine in the amount of UAH 8178,4.
Provisions of the law were balanced by increasing the planned amount of funds transferred by the National Bank according to the Law “On the National Bank of Ukraine” by the same amount.
The respective bill was registered under No. 2265а.
“On amendments to the Law of Ukraine “On State Budget of Ukraine for 2013” re state guarantees (to State Concern “Ukroboronprom”)
The law was elaborated in order to provide for possible state guarantees in 2013, following the decision of the Cabinet of Ministers of Ukraine to ensure implementation of commitments of the State Concern “Ukroboronprom”. Thus, the law makes respective amendments to article 6 of the Law “On State Budget of Ukraine for 2013”.
The respective bill was registered under No. 2373а.
“On amendments to the Law of Ukraine “On the State Budget of Ukraine for 2013” re state coal mines
The law aims at ensuing timely and full payment of salaries to personnel of state coal mines; creating safe working conditions of coal mines; and provision of qualified and timely medical assistance to population.
Under the law, funds transferred by the National Bank of Ukraine according to the Law “On National Bank of Ukraine” should be increased by UAH 6 422 million.
The respective bill was registered under No. 2404а.
“On amendments to several legislative acts of Ukraine re return of state control and production by state enterprises of documents and forms requiring use of special security elements”
The law suggests amend the Economic Code of Ukraine, Laws “On National Bank of Ukraine”, “On State Procurement”, “On Administrative Services”, “On the Single State Demographic Register and Documents Confirming Citizenship of Ukraine, Identity Documents or Documents Verifying Person’s Social Status” in order to transfer production of blank forms which, according to legislation, require use of special security elements to state enterprises that are under the control of the National Bank of Ukraine.
The respective bill was registered under No. 2435а.
“On amendments to appendix No 3 of the Law of Ukraine “On Sate Budget of Ukraine for 2013” (re reallocation of expenditures on the Ministry of Foreign Affairs)
The law suggests increase the amount of expenditures from the general fund of state budget, particularly, under the 1401010 budget program “Management and administration in the sphere of state policy regarding foreign relations” of the Ministry of Foreign Affairs by UAH 6 000 thousand (including consumption expenditures – by UAH 3 267,1 thousand and development expenditures – by UAH 2 732,9 thousand) at the cost of decreasing consumption expenditures under the budgetary programs No 1401020 (by UAH 4 000 thousand) and No 1401130 (by UAH 2 000 thousand).
Respective amendments regarding the abovementioned reallocation of state budgets’ expenditures are to be made to appendix No 3 of the Law of Ukraine “On Sate Budget of Ukraine for 2013” and to the Law “On Sate Budget of Ukraine for 2013”.
The respective bill was registered under No. 2245а.
“On Ratification of the Convention between Government of Ukraine and Government the Republic of Cyprus on Avoidance of Double Taxation and Prevention of Fiscal Evasions with respect to income tax and its Protocol”
The Convention and Protocol, signed on November 8, 2012 in Nicosia, aim at establishing effective bilateral contractual basis for avoiding double taxation and preventing tax avoidance in regard to tax on income in relationships between Ukraine and the Republic of Cyprus. On the moment the Convention comes into force, the Agreement between Government of USSR and Government of the Republic of Cyprus on Avoidance of taxation on income and property, signed in 29/10/1982 is terminated.
Particularly, the Convention applies to persons that are residents of one or both Contracting States.
The respective bill was registered under No. 0024.
“On amendments to the Tax Code of Ukraine re payment of environmental tax for utilization of out-of-use transport vehicles”
The law imposes environmental tax for utilization of out-of-use transport vehicles by amending the Tax Code of Ukraine.
The document provides the list of environmental tax payers and tax-exempt persons.
The law provides also the list of non-taxable transportation objects.
The law establishes tax rates for utilization of out-of-use transport vehicles.
The respective bill was registered under No. 0975.
“On Utilization of Out-of-Use Transport Vehicles”
The law determines the procedure of taking out-of-use transport vehicles on the territory of Ukraine and their utilization in view of ensuring proper protection of environment as well as citizens’ life and health.
The respective bill was registered under No. 0936.
“On amendment to article 90 to the Budget Code of Ukraine” (re including expenditures on several general education institutions to the expenditures of the budget of the Autonomous Republic of Crimea and oblast budgets)
The law suggests complete the list of general institutions of secondary education for citizens that need social assistance and rehabilitation, and are provided by the expenditures from the budget of the Autonomous Republic of Crimea and oblast budgets and are taken into account in determining the amount of intergovernmental transfers, with the following: lyceums - boarding schools, gymnasiums - boarding schools, collegiums - boarding schools, by amending subclause "a" of paragraph 2 of Article 90 of the Budget Code. The amends also article 89 of the Budget Code.
The respective bill was registered under No. 2087.
“On amendments to article 4 of the Law of Ukraine “On Lease of State and Municipal Property” (re waterworks of fishery process reservoirs)
The law aims at removing unnecessary restrictions on leasing objects of state ownership. Particularly, the bill abolishes prohibition to lease waterworks of fishery process reservoirs.
The respective bill was registered under No. 2024.
“On amendments to the Law of Ukraine “On State Social Assistance to Disabled since Childhood and Disabled Children” (re care allowance)
Since July 2013, the law increases care allowance amount for care for a disabled child of subgroup A (article 3) from 50 per cent to 75 per cent of a minimum subsistence level for persons who lost ability to work.
The respective bill was registered under No. 2015а.
“On amendments to the Tax Code of Ukraine re transfer pricing”
The law introduces the mechanism of tax control over transfer pricing (based on the on the “outstretched arm” principle, which is based on the international standard agreed by the member states of the Organization for Economic Cooperation)
The price is determined using five methods: comparable uncontrolled price (analogues of sale); prices of the resale; expenditures plus; and clear profit.
The respective bill was registered under No. 2515.
“On amendments to the Law of Ukraine “On State Budget of Ukraine for 2013” (re ensuring continuous operation of respective state registries)
The law increases the amount of budgetary allocations (consumption expenditures) from the general fund of state budget to the Ministry of justice by UAH 364.545 thousand, including under the budgetary programs No. 3601010 (by UAH 354.545 thousand) and No. 3602010 (by UAH 10.000 thousand).
Thereat, the amount of revenues of the special fund of state budget is equally increased.
At the same time, operation of the paragraph two of clause 1 of the Final provisions to the Law continues.
The respective bill was registered under No. 2341а.
“On amendments to the Tax Code of Ukraine” (re refinement of concerning finance bills procedure)
The law “imposes time limits on the existing VAT budget reimbursement mechanism using treasury finance bills, as well as ban use of treasury finance bills during automatic budget reimbursement”.
In view of this, it is stipulated exclude permanent provision regarding the abovementioned budget reimbursement (amendments to article 200 of the Tax Code) and introduce temporary (until January 1, 2014) analogous provision (supplements to subsection 10 “Other Transitional Provisions” of section XX of the Tax Code), under which VAT budget reimbursement shall be carried out by issuing finance treasury bills until January 1, 2014.
The respective bill was registered under No. 2847.
“On amendments to several legislative acts in connection with holding of an administrative reform”
The law amends a number of legislative acts (118) in connection with establishment of the Ministry of Income and Levy on the basis of the State Tax Service and the State Customs Service of Ukraine.
The law enlists the rights of income and levy bodies.
The law establishes the rights and obligations of the Pension Fund and its territorial bodies.
The respective bill was registered under No. 2835.
“On amendments to the Customs Code of Ukraine in connection with implementation of administrative reform”
The Law amends the Customs Code in order to substitute the existing terms “central body of executive power that implements state policy in the sphere of customs matters” and “central body of executive power that secures formation and implements state policy in the sphere of finance” with the single term “central body of executive power that secures formation and implements state’s tax and customs policy”; and to substitute the term “customs bodies” with the terms “income and fees bodies” and “customs” without changing the existing procedures of customs control and registration, the procedure and means of fighting illegal trafficking and violation of customs rules.
The respective bill was registered under No. 2834.
“On amendments to several laws of Ukraine re ensuring transparency of relations of ownership regarding mass madia”
The law improves regulation of mass media activity regarding ensuring public access to information about their owners (transparency).
Particularly, the Law “On Printed Mass Media in Ukraine” is supplemented with new provisions.
The respective bill was registered under No.2731.
“On amendments to the Tax Code of Ukraine in connection with holding the administrative reform”
The law amends the Tax Code of Ukraine in connection with establishment of the Ministry of Income and Levy on the basis of the State Tax Service and the State Customs Service of Ukraine.
Amendments to the respective provisions of the Tax Code stipulate implementation of income and levy bodies into the existing tax administration system, instead of tax bodies (bodies of state tax service).
The respective bill, being amended during discussion, was registered under No. 2833.
“On amendments to article 265 of the Tax Code of Ukraine re residential real estate objects”
The Law improves the system of state support to foster families, children trustees, orphans, children deprived of parental care and those from among them. To implement the aim, it is suggested make amendments to article 265 of the Tax Code of Ukraine, according to which, residential real estate objects in ownership of large families, foster families, or families-trustees that bring up three or more children are not subject to taxation, if there is no more than one such real estate object per family.
The respective bill was registered under No.2405.
“On amendments to several legislative acts of Ukraine in connection with introduction of state registration of property rights to immovable property and their encumbrances”
The law aims at bringing the existing legislative acts of Ukraine in line with legislation requirements due to introduction of the system of state registration of property rights to immovable property.
The respective bill was registered under No. 1177.
“On amendments to several laws of Ukraine regarding status and conditions of functioning of the Computing center on servicing agreements in financial markets”
The law grants the status of a bank institution to the Computing center on servicing agreements in financial markets, initiation of activity of which is stipulated by the Law “On the Depositary System of Ukraine”.
It is stipulated that the Computing Center shall receive the bank license for conducting certain bank operations and the general exchange permit in the order determined by the National Bank of Ukraine.
The respective bill was registered under No. 2662.
“On amendments to the Law of Ukraine “On Securities and Stock Market” (re bond issue of international financial organizations)
The law grants international financial organizations the right to issue in Ukraine their own bonds denominated in hryvnias.
The respective bill was registered under No. 0964.
“On State Budget of Ukraine for 2013” (re financing of state registration of subjects of entrepreneurial activity)
The law was elaborated in order to ensure proper implementation of authorities (starting from July 1, 2013) by local justice bodies regarding holding of state registration of legal persons and natural persons-entrepreneurs, established by the law.
Under the law, the amount of budgetary allocations from the general fund of state budget to the Ministry of Justice of Ukraine has been increased by UAH 122,4 million according to the program “Administration and Management in the Sphere of Justice”.
Provisions of the abovementioned law were balanced by increasing by equal sum the planned amount of funds being transferred by the National Bank of Ukraine according to the Law “On the National Bank of Ukraine”.
The law was adopted with consideration of suggestion of the Committee on Budget.
The respective bill was registered under No. 2342а.
“On amendments to the Law of Ukraine “On State Budget of Ukraine for 2013” (re budget debt restructuring)
The legislative act supplements the Law “On State Budget of Ukraine for 2013” with new article 22.
The Respective bill, being amended during discussion, was registered under No. 2290a.
“On Ratification of Agreement between the Cabinet of Minister of Ukraine and the Government of the Republic of Turkey on Air Transport”
The Agreement is aimed at creating bilateral contractual basis for operation of international air services between Ukraine and Turkey.
According to the bill, each Party grants rights to the other Party under the Agreement, in order to implement regular international air transportations on the routes set out in the Appendix to the Agreement.
The respective bill was registered under No.0020.
“On amendments to the Law of Ukraine “On State Budget of Ukraine for 2013” (re remuneration of scientific-pedagogical and pedagogical personnel, involved in holding independent external assessment)
The law increases the amount of expenditures from the general fund of state budget, particularly, budget allocations of the Ministry of Science and Education, Youth and Sports of Ukraine under the 2201470 budgetary program “Implementation of external assessment and education quality monitoring by the Ukrainian Center for Education Quality Assessment and its regional centers” in the sum of UAH 6804,9 thousand.
Additional expenditures were received in the amount of UAH 173,7 million, which is UAH 45,2 million (or 35,2 per cent) more than financial targets for this period.
The respective bill was registered under No. 2217а.
“On amendments to several legislative acts of Ukraine re authorities to make notification registration of collective agreements and treaties”
Legislative act eliminates inconsistencies between the laws “On Collective Agreements and Treaties”, “On Local Self-government in Ukraine” and the Labor Code of Ukraine in the issues pertaining to determination of authorities to make notification registration of collective agreements and treaties of the respective level.
The law determines also the authorities of the Cabinet of Ministers regarding approval of notification registration of industrial (inter- industrial) and territorial agreements as well as collective agreements.
The law was approved with consideration of proposal made during discussion.
The respective bill was registered under No. 2021а.
“On amendments to the Law “On Court System and the Status of Judges” regarding maximum number of employees of the State Court Administration of Ukraine
The Law aims at regulating the issue of maximum number of employees of the State Administration of Ukraine, which is not the part of the system of bodies of executive power and the maximum number of its employees is approved by the Cabinet of Ministers of Ukraine.
The respective amendments were made to articles 127 and 147 of the Law “On Court System and the Status of Judges”.
The respective bill was registered under No. 2234.
“On amendments to article 18 of the Law “On State Support to Families with Children” (re state social support to disabled children)
The Law prevents from calculating the amount of state social assistance to disabled children from the general amount of state assistance to orphans and children deprived of parental care and taken under guardianship or trusteeship.
The respective bill was registered under No. 2540.
“On amendments to the laws of Ukraine “On Geodetic and Cartographic Activities” and “On Land Management” (re introduction of state monitoring norms in the sphere of land management)
The Law determines procedure of technical and technological support of geodetic and cartographic activities, and state geodetic monitoring and monitoring the sphere of land management.
According to the Law, technical support of geodetic and cartographic activities is based on usage of computing and information equipment, technical means for geodetic and cartographic works.
Technological support of geodetic and cartographic activities is bases on using modern information technology and systems for creating geodetic and cartographic materials, collection, management, monitoring, storage, storing, updating, searching, transforming, processing, display, distribution and transmission of data.
The respective bill was resisted under No. 2287.
“On amendments to several laws of Ukraine re refining the procedure of land plots allocation”
Legislative act amends articles 118 and 123 Land Code that specify cartographic information which should be supplemented to the motion on providing free of charge ownership or use of a land plot of state or municipal ownership. Apart from this, the document stipulates new version of article 53-5 of the Code of Ukraine on Administrative Infringements, establishing liability for violation of the term of adjusting documentation (rejection to adjust) on reallocation of land.
The respective bill was registered under No. 2130.
“On amendments to the Land Code and other legislative acts pertaining to the sphere of land relations re simplification of the procedure of land plots allocation”
The law introduces norms, under which finalizing of documents on land plots arrangement and registration in the State Land Cadastre should be carried out by bodies at the place of land plots. Introduction of such norms shall promote accessibility of administrative services to population.
The law suggests exclude from the Land Code the provision allowing for the central body of executive power, implementing state policy in the sphere of land relations, to participate in delimitation of land plots that are in state and municipal ownership.
Legislative act excludes from the Land Code provisions determining the authorities of the central body of executive power that implements state policy in the sphere of land relations form administration of Sate Land Cadastre.
The document supplements article 20 of the Law “On Local State Administrations”.
The respective bill was registered under No. 1208-1.
A number of resolutions on celebration of jubilee and memorable dated and on cadre issues, etc. were adopted.
A range of documents were either adopted in the first reading, or rejected.
308 parliamentary inquiries were declared.