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LEGAL HOTLINE 14.06.2018

LEGAL HOTLINE . 14 June 2018

The supreme anti-corruption court is going to be

The start of small privatization

The electronic court testing

The change of bank details for crediting the state and local budget accounts

Clarifications regarding the discharge of money out of RRO cash box into safe

The debt relief mechanism regarding payments of insurance contributions for compulsory state social insurance has been launched

Contacts

Anatoli Grabovy

Сounsel, Attorney at law

The supreme anti-corruption court is going to be

On June 7, 2018, the Verkhovna Rada of Ukraine has adopted the final draft of Law of Ukraine «On the Supreme Anti-corruption Court», which entered into force from June 14, 2018.

The law defines the basis for the organization and activity of the Supreme Anti-corruption Court, special requirements for the judges of this court and guarantees of their activity, as well as the peculiarities for holding competition on the position of judge of the Supreme Anti-corruption Court.

The Supreme Anti-corruption Court is a permanently active supreme specialized court in the Ukrainian judicial system which is located in Kyiv. Territorial jurisdiction (arbitrability) of the Supreme Anti-corruption Court extends to the entire territory of Ukraine.


The start of small privatization

On June 5, 2018, the Resolution of the Cabinet of Ministers of Ukraine, dated May 10, 2018, No. 432 entered into force. The resolution approves the Procedure for holding the auction sale of small-scale privatization objects. Thus, as of today, the regulatory system needed for a small privatization has been completely formed.
According to the Law of Ukraine «On the Privatization of State and Municipal Property», the small privatization shall be performed by electronic system «ProZorro. Sale». In other words, this is a matter of selling objects of state or municipal property, value of which does not exceed UAH 250 million.

The document contains a detailed description of procedures, ranging from the including of objects (lots) to the ProZorro system, sales, electronic auctions holding to the determination of the winner bidder, the participation fee and its modalities, etc. In addition, the Procedure for selection and authorization of electronic platforms for electronic small privatization auctions holding is approved.


The electronic court testing

In accordance with the Order of the Head of the National Judicial Administration of Ukraine No. 269 «On Amendments to the Order of the National Judicial Administration of Ukraine dated March 23, 2017 No. 367», the testing of the subsystem of Unified Judicial Informational and Telecommunication System (UJITS) - 'Electronic court' has started since June 04, 2018 in 18 pilot courts of the country.

Today the usage of such a module is possible in the Kyiv Administrative Court of Appeal, the Odesa Regional Court of Appeal, the Kyiv District Court in Odesa, the Odesa Commercial Court of Appeal, the Odesa Regional Commercial Court, the Vinnytsa Administrative Court of Appeal, the Vinnytsia Regional Administrative Court, the Donetsk Administrative Court of Appeal, the Kyiv District Holosiyivsky, Darnytsky , Desniansky, Dniprovsky, Obolonsky, Pechersky, Podilsky, Sviatoshynskyi, Solomyansky, Shevchenkivsky Courts.

Remember that, under the Law of Ukraine «On the Organization of the Courts and Status of Judges Act», the judicial system provides the creation of the Unified Judicial Informational and Telecommunication System. In particular, under amendments to the procedural codes and a number of other laws (in the part of the trial), added in the end of December last year, the recommended completion for implementation of UJITS in the National Judicial Administration of Ukraine is planned on January 1, 2019.


The change of bank details for crediting the state and local budget accounts

Since February 07, 2018, state and local budget accounts with new bank details will be opened on the balance of the State Treasury Service of Ukraine (MFO 899998).

New bank account details are published on the official website of the State Treasury Service of Ukraine.


Clarifications regarding the discharge of money out of RRO cash box into safe

The Main Department of the State Fiscal Service in the Volyn oblast, in the individual consultation, dated May 24, 2018, under No. 2301/IPK/03-20-14-05-11, has considered the issue of the « cash disbursement» operation conducting in case of cash storage in a safe deposit box at the place of settlement.

The controlling body has come to the conclusion that cash can be discharged out of the RRO cash box into a safe without the conducting of the «cash disbursement» operation.

However, several conditions must be observed:

  • a safe deposit box should be located at the place of settlement;
  • the amount of cash at the place of settlement (total amount of funds in the safe and RRO) shall be equivalent to the amount of funds reflected in the daily report of the recording system (Z-Report);
  • in such a safe only revenues from sales using RRO should be kept. The presence of private property of the cashier or other persons in such a safe is not acceptable;
  • the usage of a safe deposit box for cash withdrawals from the RRO shall be executed by order of the head of the company.

Generally we believe that the mentioned above position of the controlling body is consistent with the requirements of current legislation.


The debt relief mechanism regarding payments of insurance contributions for compulsory state social insurance has been launched

The «Procedure of debt relief regarding payments of insurance contributions for compulsory state social insurance in the event of unemployment» was approved by the Resolution No.16, dated March 30, 2018, of the Board of the Compulsory State Social Unemployment Insurance Fund of Ukraine (hereinafter - the Procedure), and came into force on June 5, 2018.

In accordance with the provisions of the Procedure, the debt regarding insurance contributions is subject to relief in the following cases:

  • adjudication of the insurance contribution payer as bankrupt according to the law, in case demands to it were not satisfied due to the lack of the property and in case the Unified state register of legal entities, individual entrepreneurs and public organizations (hereinafter - Register) contains a record regarding suspension of legal entity or individual entrepreneur on the base of decision of the court;
  • presentation of creditor claim to the insurant after the expiring of the established deadline or not presenting of such claim at all in case of the Register contains a record regarding suspension of legal entity or individual entrepreneur;
  • the liquidation of the insurant, in case demands regarding payment of insurance contributions were not satisfied due to the lack of the property of the insurant or property of its founders or participants, if they bear full or additional responsibility for the obligations of the insurance contribution payer in accordance with the requirements of the Civil and Commercial Codes of Ukraine;
  • implementation of the sanation procedure to the debtor in case if the sanation plan provides the relief(cancellation) of debt regarding insurance contributions;
  • recognition of an individual who uses hired labor, as dead or missing by judicial decision;
  • the court's decision, which came into force, on the refusal to recover the debt;
  • force majeure which make it impossible to collect debt.

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