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16.06.2015 Olesya Mykhailenko Studied Mediation Aspects in the Area of the Intellectual Property Law

Olesya Mykhailenko, Associate at Gvozdiy and Oberkovych Law Firm participated in a Round Table Conference named Mediation in the area of the intellectual property law (hereinafter – the IP), which was held on June 11, 2015 by the State Intellectual Property Service of Ukraine together with National Association of Mediators of Ukraine.

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Legal updates as of March 17, 2016

17.03.2016

NBU SIMPLIFIED CONDITIONS OF SETTLEMENTS IN TRANSACTIONS ON IMPORTS OF ENERGY PRODUCTS

From March 5, 2016 the requirement for mandatory use of letters of credit payment method in settlements when making advance payments in foreign currency for the imports of goods under a foreign economic agreement, total value of which exceeds USD 500,000, does not apply to purchase operations for purchase of energy products such as oil, natural gas, electricity, gasoline, diesel fuel and other products. The decision is stipulated in NBU Resolution No. 139 dd. 03.03.2015.

NBU EXPLAINED THE RIGHT OF BANKS TO REFUSE CUSTOMER IN FINANCIAL TRANSACTION

NBU Letter No. 25-0008/20588 dd. 10.03.2016 explained that a bank has the right to refuse customer in establishment (maintenance) of business relations (including termination of business relations) or financial transaction in the cases as follows:

-      if a financial transaction has features of a transaction subject to financial monitoring;

-      establishment of customer’s unacceptably high risk according to the results of evaluation or revaluation of the risk;

-      customer’s failure to provide required documents or data.

Bank as an entity of primary financial monitoring shall analyse compliance of customer’s financial transactions with available information on his activities and financial position in order to determine financial transactions subject to financial monitoring.

Also, the bank shall ensure entering of information about refused financial transactions to the register of transactions within 1 working day from the date of refusal.

MINISTRY OF FINANCE DEFINED PROCEDURE FOR CANCELLATION OF PENALTIES ACCRUED ON AMOUNT OF TAX LIABILITY

Order of the Ministry of Finance No. 40 dd. 10.02.2016 approved the Procedure for cancellation of (financial) penalties accrued on amount of tax liability paid by taxpayer without appealing tax notice-decision.

The Procedure defines a list of actions of controlling authorities in the cancellation of penalties and concerns taxpayers with the amount of income for the previous year of at least UAH 20,000,000, whom taxmen determined the amount of tax liability on the same tax or charge for the first time during the year.

According to the Procedure, a taxpayer, who decided not to appeal tax liability, shall pay the amount of such liability and for the cancellation of penalties shall:

-      Fill in necessary payment documents in the prescribed manner;

-      Specify information about the purpose of payment with indication of date and number of corresponding verification act and tax notice-decision.

SFS EXPLAINED FEATURES OF THE SPECIAL VAT REGIME

SFS Letter No. 7892/7/99-99-19-03-02-17 dd. 04.03.2016 explained the matter of determining compliance of agricultural products with the corresponding code of commodity classification according to the Ukrainian Classification of Commodities of Foreign Economic Activity. Amount of VAT to be paid to the budget and transferred to special accounts depends on the type of agricultural products sold.

In order to determine amounts of VAT to be paid to the budget and transferred to payersspecial accounts, amounts of tax liabilities and tax credit of the reporting (tax) period shall be determined for each type of transactions.

SFS explained that if it is necessary to determine compliance of independently produced agricultural products with the corresponding code of commodity classification according to the Ukrainian Classification of Commodities of Foreign Economic Activity for a correct reflection of the scope of supply of such products in VAT declaration, a taxpayerentity of the special tax regime can obtain conclusion of the Chamber of Commerce and Industry of Ukraine (its territorial branches) or scientific and research institute of forensic expertise.

Thus, in case of customs clearance of transactions on the export of independently produced agricultural products beyond the customs territory of Ukraine in the customs regime of export, such products are subject to customs clearance and classification by SFS customs authorities. Decisions of SFS customs authorities on the classification of goods for customs purposes are compulsory. Conclusions of other authorities, institutions and organizations on the definition of codes according to Ukrainian Classification of Commodities of Foreign Economic Activity in customs clearance are informational or reference only.

CABINET OF MINISTERS SIMPLIFIED PROCEDURE OF CUSTOMS FORMALITIES FOR CERTAIN PRODUCTS

The Cabinet of Ministers of Ukraine updated lists of products with restrictions on the transportation across the customs border of Ukraine approved by the Resolution of the Cabinet of Ministers No. 436 dd. 21.05.2012. Thus, in particular, discs for laser reading systems and matrices are excluded from the list of products, foreign economic transactions with which are subject to licensing.

Mandatory certification of fishing products and food with them when transporting them across the customs border of Ukraine is cancelled. Now the quality of the same products of foreign origin shall be confirmed by a veterinary certificate.

Securities are also included to the list of currency values, which have restrictions on the transportation across the customs border of Ukraine. A special license for the export (transfer) shall be obtained for their transportation across the border.

In addition, the following new lists are approved: of seeds and planting materials, radioactive materials, radio and electronic devices and emitters for special purposes, which have restrictions on the transportation across the customs border of Ukraine. At the same time, the list of products subject to conformity assessment according to the requirements of technical regulations when crossing the border is reduced.

DOCUMENTS CAN BE SUBMITTED TO MINISTRY OF ECONOMIC DEVELOPMENT IN ELECTRONIC FORM

Government Resolution No. 159 dd. 02.03.2016 simplified procedure for obtaining administrative services by business entities from the Ministry of Economic Development and Trade of Ukraine.

Now, entities can submit documents in electronic form to obtain individual licenses for residents’ property investments outside of Ukraine and registration of foreign economic contracts for export transactions with metal. Results of the consideration of documents will be published on the official website of the Ministry of Economic Development.

IT IS OFFERED TO CANCEL REQUIREMENTS ON COMPULSORY USE OF SEALS IN FULL

The Verkhovna Rada of Ukraine registered bill No. 4194 On Amendments to Certain Legislative Acts of Ukraine Regarding the Use of Seals by Legal Entities and Individual Entrepreneurs. The bill offers to exclude the following requirements of:

-          Compulsory use of seals (regardless of whether a legal entity has them or not);

-          Invalidation of a document (deed, agreement) in case of the absence of seal impression thereon;

-          Use of seals in mutual relations of business entities with public and self-governing authorities.

In addition, the bill provides for administrative liability of the officials of public and self-governing authorities for demands of seal impression on submitted documents.

At the same time, the right of business entities to use seals in their activities is not canceled, though seal impression will be no longer a compulsory detail of any document.

 

CONSIGNMENT NOTES IN TRANSPORTATION BY ROAD CAN BE MADE IN ANY FORM

According to Order of the Ministry of Infrastructure of Ukraine No. 26 dd. 27.01.2016, Rules of Transportation of Goods by Road in Ukraine are amended with a clause, according to which a business entity can make consignment notes without following the approved form.

However, this document shall contain information about the document name, date and place of its signing, name (first, given and middle) of the carrier and/or forwarder, customer, consignor, consignee, name and quantity of cargo, its main characteristics and features that enable its unique identification, vehicle (make, model, type, registration number), trailer/semi-trailer (make, model, type, registration number), loading and unloading points with the indication of the full address, position, name and signatures of the responsible persons of consignor, consignee, driver and/or forwarder.

These amendments take effect on the date of official publication of the Order, which is approximately March 18, 2016.

TECHNICAL REGULATIONS FOR BOTTLES USED AS MEASURING TANKS ARE IN FORCE

The Technical Regulations for bottles used as measuring tanks came into force on March 8, 2016. These Technical Regulations apply to tanks made of glass or other material, which has rigidity and stability characteristics ensuring the same metrological properties as those of glass, can be sealed, have a nominal capacity of 0.05 to 5 liters and characteristics allowing their use as measuring tanks.

The Technical Regulations stipulate technical requirements for measuring bottles and procedure of their statistical control and approve the conformity mark to be applied to bottles that comply with these Regulations.

 

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