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Legislative news digest: LEGAL HOTLINE 30.08.2017

Legal news for your attention:

AUTHORITIES OF THE STATE LABOUR SERVICE OF UKRAINE WERE CHANGED

On August 18, 2017, the Cabinet of Ministers of Ukraine adopted the Resolution No. 630, which amended the Regulations on the State Labour Service of Ukraine.
Under the said Resolution, the State Labour Service of Ukraine will, among other things, act as a central executive body implementing the state policy in the field of handling industrial explosives. Also, these amendments revoked the authorities of the State Labour Service of Ukraine to approve the issuance of special permits for subsoil use in the part of the state mining supervision.

At the same time, the Service is entrusted with the authorities to participate in the organisation of medical examinations of workers engaged in hard works, works with harmful or dangerous working conditions, or works which require professional selection and annual mandatory medical examination of workers under the age of 21.


INFORMATION ABOUT BENEFICIARIES BECAME PUBLICLY AVAILABLE

A database with information about the ultimate beneficiary owners of all Ukrainian companies was launched in Ukraine. Information about beneficiaries is available on the Unified State Web Portal of Open Data.

Moreover, Ukraine has joined the initiative of Transparency International aimed to ensure the transparency of data on enterprises and fight against corruption. Therefore, data on ultimate owners of Ukrainian enterprises will also be available in the Global Beneficial Ownership Register.


FEES FOR PARTICIPATION IN PROCUREMENT WILL BE CHARGED TOGETHER WITH VAT

A number of changes were introduced to the Procedure for the functioning of electronic procurement system and conducting of authorization of electronic trading platform, which was approved by the Resolution of the Cabinet of Ministers of Ukraine No. 166 of February 24, 2016. In particular, from now on, if a participant submits a tender bid and/or a proposal of the participant of the procurement procedure that is disclosed by the electronic procurement system, the operator of the authorized electronic platform will charge from this participant a fee including the Value Added Tax.

In the event the bidding is cancelled or recognised as not having taken place, the operator of the authorized electronic platform will refund the fee to the participant/winner, unless the bid of this participant/winner has been rejected.

Besides that, the said changes stipulate that since 2017, the fee charged by the administrator from the operator of the authorized electronic platform meant to ensure the functioning and development of the web portal of the Authorized body for the submission of a tender bid and/or a proposal of the participant of the procurement procedure that is disclosed by the electronic procurement system, will include the Value Added Tax, as in 2016.


NEW LICENSING CONDITIONS FOR ELECTRICITY SUPPLIERS WILL TAKE EFFECT ON SEPTEMBER 1, 2017

Licensing conditions for conducting economic activities on the supply of electric power, approved by the Resolution of the National Commission for State Regulation of Energy and Public Utilities (NCSREPU) No. 504 of April 13, 2017, which entered into force on August 23, 2017, will take effect on September 1, 2017.

In accordance with the above said conditions, licensees have to bring their economic activities in line with the new requirements, as well as submit relevant documents and information to the licensing body within 6 months from the date of entry into force of the above-mentioned Resolution.

The approved licensing conditions for licensees establish the personnel, organisational, technological, and special requirements.

Also, the Resolution approved an exhaustive list of documents required to be submitted together with the application for obtaining a license for conducting economic activities on the supply of electric power.


NEW LICENSING CONDITIONS FOR PRODUCING ELECTRIC POWER ARE IN EFFECT

On August 20, 2017, the Licensing conditions for conducting economic activities on the production of electric power, approved by the Resolution of the NCSREPU No. 309 of March 22, 2017, entered into force.

The new licensing conditions contain an exhaustive list of documents which are filed together with the application for obtaining a license and the requirements, conditions, and rules that are mandatory in the course of conducting the licensed activities.

These changes were made to the Procedure by the Resolution of the Cabinet of Ministers of Ukraine No. 553 of August 9, 2017.

Kateryna Manoylenko

Kateryna Manoylenko

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

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