Legislative news digest: LEGAL HOTLINE 18.04.2019

THE TECHNICAL REGULATION FOR ECODESIGN APPROVED
 

On 6 April 2019, Resolution of the Cabinet of Ministers of Ukraine dated 3 October 2018 No. 804 entered into force, which introduces the instrument for determining energy efficiency and environmental friendliness of various energy-consuming products, i.e. ecodesign. The technical regulation for establishing a system for defining the requirements for ecodesign of energy-consuming products is developed on the basis of Directive 2009/125/EC of the European Parliament and of the Council, which defines ecodesign as an integration of environmental aspects in product design with a view to improve the environmental characteristics of a product throughout its life cycle. Requirements for ecodesign are any requirements related to a product or to product design, the purpose of which is to improve environmental performance or any requirements for informing about the environmental aspects of the product.

The technical regulation provides for the definition of the requirements that should be met by the energy-consuming products covered by the relevant technical regulations regarding the establishment of requirements for ecodesign by product types, for their introduction into circulation and/or for operation, and also contributes to the increase of energy efficiency and the level of protection of the environment, while simultaneously increasing the security of energy supply.

This regulation has framework nature, and therefore it is expected to adopt about 30 special technical regulations for certain types of products.

NEW RULES FOR HANDLING CLAIMS OF OFFENCES
 

By its Order dated 8 February 2019 No. 100, the Ministry of Internal Affairs of Ukraine approved a new version of the Procedure for keeping in police authorities (departments) unified registers of claims and reports on criminal offenses and other events. The Order entered into force on 5 April 2019.

In accordance with the new rules, oral and written claims and reports, regardless of the place and time of their application, completeness of the data received, and the identity of the applicant are taken around the clock, continuously and without delay. The oral statements are recorded by a police officer in a protocol. The authorized officer puts a stamp of registration on the front side of the written claims (reports), the protocols of acceptance of claims, and the reports of the police. A claim received through “102” phone number is registered in the system with the automatic assignment of the sequential numbers of the unified register. A policeman, regardless of the location, in the event of the detection or receipt of the information about a criminal offense and other event or in the event of citizens addressing him/her with a claim, promptly informs through “102” of the same and is required to take measures to prevent the offense, to terminate it, to save people, to provide assistance to the persons who need it, to establish and detain those who committed the offense, and to protect the place of the event. Having learned of the offense, a police officer immediately, but not later than within 24 hours, reports to the head of the police authority (department) or to the person who carries out such duties. The information must be entered into the unified register of pre-trial investigations no later than within 24 hours after the registration.

NEW ORDER OF REGISTRATION OF VIOLATIONS IN THE FIELD OF INTELLECTUAL PROPERTY
 

On 9 April 2019, Order of the Ministry of Economic Development and Trade of Ukraine dated 13 February 2019 No. 217 entered into force, which approved the Instruction on the Registration by Government Inspectors on Intellectual Property of the Ministry of Economic Development and Trade of Ukraine of Materials on Administrative Violations.

The protocol on the administrative offense, the responsibility for which is stipulated by Articles 51-2, 164-9, 164-13, 164-17, 164-18 and 186-7 (in the part of non-delivery or violation of the deadline for the delivery of the obligatory free copy of patent documents) of the Code of Ukraine on Administrative Offenses, shall be drawn up not later than within 24 hours from the moment of detection of the person who committed the offense, indicating the information in accordance with Part 1 of Article 256 of the Code.

The protocol on the administrative offense is drawn up in the presence of the person who is prosecuted in the Ukrainian language with the use of computer technology or in legible handwriting on printed forms. It is mandatory to specify the part of the relevant article of the Code of Ukraine on Administrative Offenses, in accordance with which the responsibility arises.

The protocol form is given in Appendix 1 to the Instruction.

THE PROCEDURE FOR RETURNING THE PREPAYMENT FROM CUSTOMS PAYMENTS DEFINED
 

On 12 April 2019, the amendments to the Procedure for returning advance payments (prepayment) and erroneous and/or excessive amounts of customs payments entered into force.

To return the advance payments (prepayment), a taxpayer submits to the State Fiscal Service a written application in an arbitrary form signed by the taxpayer and the chief accountant (if any), or by electronic means in electronic form, subject to the conditions for registration in the order defined by the legislation, with a qualified electronic signature of the responsible persons.

Such an application may be filed within 1095 days from the date of advance payment (prepayment) on deposit account 3734 of the State Fiscal Service.

The State Fiscal Service is required to process the application within eight working days from the date of the receipt thereof and to adopt decisions on the return of funds or the refusal to return the funds.