Russian-Ukrainian Legal
Group, P.A.
Kiev, Ukraine; Washington,
DC, USA
Chronicle
of Recent Developments in Ukrainian Legislation
JANUARY 2003
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Intellectual Property |
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Securities |
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Customs and International Trade |
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Money Laundering |
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Privatization |
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Specific Sectors of the Economy/Miscellaneous |
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Taxation |
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The “Chronicle
of Recent Developments in Ukrainian Legislation” is a monthly summary of the
most important legislative developments in Ukraine in the area of business and
corporate law, and is prepared, published and distributed by the Russian-Ukrainian Legal
Group as a free service to our clients.
The Chronicle will be distributed only via e-mail, in English and
Russian, by the middle of each month, and will summarize the legislative
developments of the previous month. The
Chronicle is prepared in an effort to capture news of greatest interest to the
widest cross-section of our firm’s clientele, without restating all legislation
published and drowning our readers in too much information. Due to the winnowing process necessary when
preparing the Chronicle, we cannot and do not guarantee that it contains a
comprehensive list of all Ukrainian legislation relevant to your business.
Finally, please bear in mind that this summary does not constitute legal
advice; it is an informational service only.
Should you like to receive further information or actual legal advice,
please do not hesitate email us at chronicle@rulg.com.
Intellectual Property
1. Cabinet
of Ministers of Ukraine Resolution No. 72 dated 18 January 2003 “On Approving
Minimum Compensation (Royalty) Rates for the Use of Objects of Copyright and
Neighboring Rights”. This
Resolution sets minimum copyright (royalty) rates for the public performance,
display, broadcast, or retranslation (rebroadcast) of scientific, literary, and
artistic works.
2. Cabinet
of Ministers of Ukraine Resolution No. 71 dated 18 January 2003 “On Approving
Compensation (Royalty) Amounts for the Use of Phonograms and Videograms
Published for Commercial Purposes, and the Procedure for Their Payment”. This
Resolution’s title is self-explanatory.
Securities
3. State
Commission on Securities and the Stock Market Decision No. 2 dated 3 January
2003 “On Establishing a Single Format for Electronic Information Exchange
Between Participants in the Securities Market and the State Commission on
Securities and the Stock Market”.
This Decision sets the format for electronic information exchanges in
DBASE-IV using a RUS cp866 code page. It also calls for advance recoding of the
Ukrainian letter “і” to
match the Latin alphabet letter “i”.
Customs and International Trade
4. Law
of Ukraine No. 348-IV dated 24 December 2002 “On Amending the Customs Code of
Ukraine”. This Law sets a 1 January 2004 date of entry into force for the
Customs Code of Ukraine, which was passed as Law No. 92-IV dated 11 July 2002.
5. Cabinet
of Ministers of Ukraine Resolution No. 92 dated 18 January 2003 “On the Entry
into Force of Several Acts of the Cabinet of Ministers”. This Resolution lists the binding legal acts
that will enter into force on 1 January 2004.
All of the binding legal acts listed, relate to customs regulation.
Money
Laundering
6. Cabinet
of Ministers of Ukraine Resolution No. 43 dated 16 January 2003 “On Approving
the Agreement between Ukraine and the Kingdom of Spain on Cooperation in the
Area of Combating Crime”. This
Agreement was signed on 7 November 2001.
Among the crimes that the two states agree to cooperate in combating,
are terrorism, crimes against human life and health, crimes committed using
information technology, money laundering, etc.
7. State
Property Fund of Ukraine Order No. 87 dated 21 January 2003 “On Approving the
List of Group E Objects Subject to Privatization in 2003”. This Order
contains the official list of Group E objects that will be put up for
privatization sale, wholly or partially, this year. Group E objects comprise
individually defined property, including both: (i) property that has not yet
been placed in the charter fund of a company and (ii) shares (ownership
interests, equity stakes), owned by the State, in the charter funds of
companies.
8. Cabinet
of Ministers of Ukraine Resolution No. 82 dated 18 January 2003 “On Approving
the List of Specific Types of Waste as Secondary Raw Materials, the Income of
State-Procurement Enterprises, the Sale of Which Is Tax Exempt While Calculated
Amounts of Value-Added Tax Payable to the Budget for the Operation of Selling
Them Remains at the Disposal of the State-Procurement Enterprises and Are Used
by Them to Acquire Material and Technical Resources for Production
Purposes”. Among many other things,
this Resolution classifies polymer wastes and used petroleum products as
secondary raw materials.
9. Cabinet
of Ministers of Ukraine Resolution No. 35 dated 16 January 2003 “On Approving
the Registration Procedure for Physical Persons at Their Place of Residence”. This Decree describes the registration
procedures mandatory for Ukrainian citizens, foreigners and stateless persons.
10. Ministry
of Foreign Affairs of Ukraine Order No. 11 dated 13 January 2003 “On Approving
Regulations on Accreditation for Employees of the Diplomatic and Consular
Establishments of Foreign Governments, International Organizations and their
Representative Offices, and Other Foreign Organizations.” The Regulations approved by this Order state
what kinds of persons require accreditation and lay out the accreditation
procedures, the types of accreditation cards to be issued, accreditation
deadlines, etc.
11. State Committee on Regulatory Policy and Enterprise Order No. 1/5 dated
9 January 2003 “On Declaring General Order No. 2/20 of the Licensing Chamber of
Ukraine and the Ministry of Industrial Policy of Ukraine dated 18 January 2000
Devoid of Force”. General Order No.
2/20 was titled “On Approving the Instructions on the Conditions and Rules for
Carrying Out Business Activity (Licensing Conditions) of
Enterprises–Manufacturers Associated with Circulation (Except Importation into
Ukraine and Exportation from Ukraine) of Precursors Listed in List 2 of Table
IV of the List of Narcotics and Psychotropic Substances and Precursors the
Circulation of which is Related to an Activity that Must be Licensed, and On
Supervising Their Observance”. The present Order No. 1/5 annulled it in
accordance with the provisions of Law No. 1775-ІІІ dated 1 June 2000 “On the Licensing of Certain Types of Economic
Activity”.
12. State
Tax Administration of Ukraine Order No. 26 dated 24 January 2003 “On Approving
Tax Explanations”. This Order
explains the procedure for accounting for funds accepted and paid back pursuant
to a revolving loan.