Legislative news digest: LEGAL HOTLINЕ 15.08.2019

The Law that Enables the Installation of Home Solar Power Stations on the Ground Came into Force

On August 09, 2019, the updated Law “On Alternative Energy Sources” came into force. The changes make it possible to apply a “green” tariff for electricity of up to 30 kW generated by privately owned solar power stations, and abolish the mandatory condition of placing such installations solely on the roofs or facades of buildings or other structures.

Israel will Abolish Import Duties on 80% of Ukrainian Goods

On August 07, the President signed the Law on Ratification of the Agreement between the Cabinet of Ministers of Ukraine and the Government of Israel on Free Trade.

The Agreement will abolish import duties for about 80% of Ukrainian industrial goods, which is why it is planned to increase Israeli investments in Ukrainian industry, agro-industrial complex, high-tech sectors, IT, innovation; to join Ukrainian producers with the formation of global value chains in the Ukraine-EU-Israel free trade triangle; to introduce new opportunities for the modernization of industrial production in Ukraine, since the abolition of import duties on Israeli industrial products will facilitate high-tech investment imports.

Restrictions to Buy Currency with Credit Means Have Been Abolished

Effective August 08, businesses can buy foreign currency at the expense of loans in UAH without restrictions on the amount. The corresponding currency relaxation was approved by the Resolution of the Board of the National Bank No. 104 dated August 06, 2019. Banks are obliged to complete the supervision of export operations within 5 business days from the moment information about the change of the servicing bank in the customs declaration of the customer is received from the National Bank. This will avoid double-verification of the customer transaction. In addition, the procedure for the supervision of import operations in case of change of the servicing bank in the customs declaration is specified.

The ECtHR (European Court of Human Rights) Assessed the Abuse of Complaints against Judges as an Attempt to Paralyze Justice

Recently, the ECtHR (the European Court of Human Rights) ruled on the case “Rustavi 2 Broadcasting Company Ltd and others vs Georgia”. Having analyzed the case materials, the ECtHR found that the owners and CEO of Rustavi 2 TV channel systematically submitted unsubstantiated accusations pertaining to many different judges at all three levels of jurisdiction, and the CEO of TV channel himself made unreasonable and malicious attacks in the media on the judges who participated in considering ownership of the TV channel and the judiciary system of Georgia as a whole.

The court noted that all but one allegation of bias were either unfounded or unconvincing. Finally, the ECtHR came to a conclusion that there had been no violation of Article 6 (right to a fair trial) of the Convention in all instances of the case. The ECtHR stated that the unsubstantiated accusations of the judges of bias and complaints against the judges to disciplinary bodies could be assessed as attempts to paralyze the administration of justice and to play ultimately against the complainants themselves.

Ukraine Signs UN Convention “On International Settlement Agreements Resulting from Mediation”

On August 07, 2019, Ukraine, represented by the Minister of Justice, Pavlo Petrenko, signed the UN Convention “On International Settlement Agreements Resulting from Mediation”. The Convention provides for the obligation of States, which are Parties to the Convention to enforce international agreements resulting from mediation in accordance with national procedural law and in accordance with the conditions laid down in the Convention. In other words, this entails enforcing international agreements on the settlement of commercial disputes concluded as a result of mediation by the resident parties to the Convention, without consideration by the court of the substance of the dispute and agreement.

The Convention only regulates the implementation of agreements reached as a result of mediation; exclusively with an international element; solely with respect to the mediation of commercial disputes; only enforcement through a competent authority (court) that does not verify the substance of the agreement. In Ukraine, the Convention will come into force after its ratification by the Verkhovna Rada of Ukraine.