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LEGAL HOTLINE 01.04.2021

Contents

  1. The Law of Ukraine “On the Bureau of Economic Security of Ukraine” has entered into force
  2. The Procedure for holding competitions for public service positions has been amended
  3. The rules for entry into the territory of Ukraine have been changed
  4. The energy independence of Ukraine has been enhanced

The Law of Ukraine “On the Bureau of Economic Security of Ukraine” has entered into force

On March 25, 2021, Law No. 1150-IX “On the Bureau of Economic Security of Ukraine”, which was adopted by the Verkhovna Rada of Ukraine on January 28, 2021, entered into force.

According to the Law, the Bureau of Economic Security (BES) is a central body of executive power, which is entrusted with the task of counteracting offenses that encroach on the functioning of the state economy. The activities of the body are directed and coordinated by the Cabinet of Ministers of Ukraine.

The Law stipulates that the main function of the BES will be analytical work instead of force duties. In particular, the Bureau is authorized to analyze beneficiaries of financial transactions and determine whether there is a violation of the law in circulation of funds of any business or state structures.

The Procedure for holding competitions for public service positions has been amended

On March 24, the Cabinet of Ministers of Ukraine adopted the Resolution “On Amendments to the Procedure for Holding Competitions for Public Service Positions”.

The resolution regulates the issue on the validity of contracts concluded for the period of quarantine, announcement of competitions for the positions held by persons with whom the contracts have been concluded for the period of quarantine, and is aimed at resolving other issues during the transition period.

From now on, the Procedure for holding competitions for public service positions provides for:

– the possibility of conducting an interview by the appointing authority or head of the public service for the purpose of determining the winner (winners) of the competition remotely by videoconference ;

– the opportunity for the members of competition commission to participate in its meetings remotely by videoconference;

– reduction of the number of candidates determined by the Commission for Senior Civil Service and the competition commission for the election of the winner of the competition by the appointing authority or head of the public service, from five to three persons.

The rules for entry into the territory of Ukraine have been changed

On March 22, the Cabinet of Ministers of Ukraine adopted Resolution No. 230, which amended Resolution No. 1236 “On Establishment of Quarantine and Introduction of Restrictive Anti-epidemic Actions in Order to Prevent the Spread of Acute Respiratory Disease COVID-19 caused by Coronavirus SARS-CoV-2”.

From now on, when entering Ukraine, the foreigners and stateless persons must provide a negative COVID-19 Polymerase Chain Reaction (PCR) test result, which was carried out in at least 72 hours before crossing the state border.

The resolution stipulates that since March 23, 2021, the self-isolation is mandatory for citizens of Ukraine who cross the state border, except for a certain limited category of citizens, in particular, children 12 years of age; truck drivers and crew members of certain vehicles.

The energy independence of Ukraine has been enhanced

On March 24, 2021, the Verkhovna Rada of Ukraine registered a draft Law on amendments to the Law of Ukraine “On the Electricity Market” on measures to strengthen energy independence of Ukraine.

The draft Law introduces and provides for:

– definition of the terms “commercial overflow” and “technological overflow” of electricity;

– establishment of restrictions on access to the transmission capacity of interstate crossings for the purpose of commercial overflow of electricity with the Republic of Belarus and the Russian Federation;

– permission to carry out technological overflows of electric energy with the power systems of the Republic of Belarus and the Russian Federation for the period of transition of the United Energy System of Ukraine to parallel work with the area of Continental Europe

– extension of the Regulator’s powers to limit the available transmission capacity, which is distributed at daily and monthly auctions, and cancellation of the results of annual auctions for interstate crossings with the Republic of Belarus and the Russian Federation;

– establishment of clear terms of integration of the Ukrainian United Energy System with the area of Continental Europe ENTSO‐E;

– establishment of an obligation for the Cabinet of Ministers of Ukraine together with the Antimonopoly Committee and the Interdepartmental Commission on International Trade to consider the introduction of special measures to import goods into Ukraine from the states which are not members of the European Union or the Energy Community within three months from the date this Law enters into force.

Kateryna Manoylenko

Kateryna Manoylenko

Partner, Head of Litigation and Dispute Resolution practice, Attorney at law

  • Recognitions
  • The Legal 500 EMEA 2020
  • Best Lawyers in Ukraine 2021
  • Who's Who Legal 2020
  • Ukrainian Law firms. A Handbook for Foreign Clients 2020
  • 50 leading law firms of Ukraine 2020
Anastasiia Klian

Anastasiia Klian

Associate, Attorney at law

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