Legislative news digest: LEGAL HOTLINE 28.03.2019

The Regulation on the State Tax Service of Ukraine and the Regulation on the State Customs Service of Ukraine are in Force

Effective March 20, 2019 Resolution of the Cabinet of Ministers of Ukraine No. 277 dated March 06, 2019 came into force, which approved the Regulation on the State Tax Service of Ukraine and the Regulation on the State Customs Service of Ukraine.

According to the above provisions, the State Tax Service of Ukraine and the State Customs Service of Ukraine are formed as separate legal entities of public law, which have their own seals, letterheads, accounts.

Recall that the State Tax Service of Ukraine has been given authority to implement state tax policy, state policy on administration of a single contribution for obligatory state social insurance, state policy in the field of combating offences in the application of legislation in the relevant areas.

In turn, the State Customs Service of Ukraine implements state customs policy, state policy in the field of combating offences during the application of legislation on state customs matters.

Multilateral MLI Convention Has Been Signed

On March 19, 2019 President of Ukraine signed the Law of Ukraine “On Ratification of the Multilateral Convention on Implementation of Tax Treaty Related Measures to Prevent Tax Base Erosion and Profit Shifting”.

This is the next step in the implementation of the Action Plan to combat the tax base erosion and profit shifting (BEPS Action Plan).

By signing and ratifying the MLI Convention, Ukraine will be able to simultaneously amend all or some of the existing Double Taxation Avoidance Conventions.

The Cabinet of Ministers of Ukraine Has Approved the Criteria and Frequency of Scheduled Inspections on Labor Protection, Employment and Employment of Disabled Persons

Resolution of the Cabinet of Ministers of Ukraine No. 223 dated February 06, 2019 approved the Criteria for assessing the risk of economic activities and determining the frequency of scheduled activities on state supervision (control) over the observance of legislation on labor protection, industrial safety, occupational health, waste explosive materials of industrial purpose, employment, engagement and employment of persons with disabilities, measures of state mining supervision by the State Labor Service.

In particular, it is provided that planned measures of state supervision (control) in the relevant sphere of state supervision (control) shall be carried out according to the activity of the entity, which is assigned to:

high risk – no more than once every two years;

medium risk – no more than once every three years;

insignificant risk – no more than once every five years.

As of today, the stated Resolution of the Cabinet of Ministers of Ukraine has not entered into force.

The Decision of the National Security and Defense Council on Personal Sanctions was Put into Effect

By Decree of the President of Ukraine No. 82/2019 dated March 19, 2019, the Decision of the National Security and Defense Council of Ukraine “On the Application, Revocation and Amendment of Personal Special Economic and Other Restrictive Measures (Sanctions)” was put into effect.

The Decision provides for the use of personal special economic and other restrictive measures (sanctions) to 848 physical and 294 legal entities.

The updated lists have been supplemented by persons related to the process of construction of a transport link through the Kerch Strait; involved in an armed attack and seizure of Ukrainian military boats, as well as the illegal detention of Ukrainian sailors.

The National Bank of Ukraine Proposes to Resolve Separate Issues of Noncash Settlements

The National Bank of Ukraine proposes to resolve certain issues related to the implementation of noncash settlements in the national currency.

In particular, the draft Resolution of the National Bank of Ukraine “On Approving Amendments to the Regulations on Noncash Settlements in Ukraine in National Currency” provides for simplifying business in terms of account management by lifting requirements for sample signature cards, as well as the compliance with the requirements of the Law of Ukraine “On Currency and Currency Transactions” for the transfer of funds by residents in national currency to accounts of non-resident recipients.

Comments and proposals to the Draft are accepted by April 19, 2019 at the postal or e-mail address of the National Bank of Ukraine.