Russian-Ukrainian Legal Group, P.A.
Chronicle
of Recent Developments in Ukrainian Legislation
october 2005
Accession to the World Trade Organization Advertising Banking Corporate Registration Intellectual Property Oil and Gas Telecommunications Specific Sectors of the Economy/Miscellaneous |
The “Chronicle of Recent Developments in Ukrainian
Legislation” is a monthly summary of the most important legislative
developments in
Accession to the World
Trade Organization
1) Law of
Advertising
2) State Motor Road Service of Ukraine Order No. 414 "On
Approving a Procedure for Issuing Permits Authorizing Placement, Construction,
Reconstruction and Operation of Service Facilities on the Lands of Road
Facilities, Approvals and Coordinations with Respect
to External Advertising Along General-Purpose Motor Roads" dated 29
September 2005. The Order stipulates basic requirements for the placement
and equipment of service facilities (including driveways) and external
advertising located fully or in part on road facilities land or adjacent lands
along general-purpose motor roads. It requires that, when developing designs
for the construction, reconstruction and equipment of service facilities, as
well as when placing advertising, entrepreneurs must obtain technical
specifications concerning the observance of traffic safety requirements from
the relevant authorities. The Order took effect on
Banking
3) National Bank of
Corporate
Registration
4) State Committee of Ukraine for Regulatory Policy and
Entrepreneurship ("Entrepreneurship Committee") Order No. 97
"On Approving Certain Regulations Concerning the Release of Information
Contained in the Uniform State Register of Legal Entities and Individual
Entrepreneurs" dated 20 October 2005. The Order approves the
Regulations that prescribe the procedure for issuing references from the
Uniform State Register of Legal Entities and Individual Entrepreneurs
concerning reservation of legal entities' names. A legal entity's participants
are authorized to reserve its name for two months (nine months for open
joint-stock companies) by filing an application with the relevant authorities.
The reservation of a legal entity's name is certified by a reservation
reference, the standard form of which has also been approved by this Order. The
Order took effect on
Intellectual Property
5) Ministry of Education
and Science of Ukraine ("Ministry of Education") Order No. 514 "On Incorporating Amendments and Addenda into the
Procedure for Imposing Financial Sanctions on Subjects of Economic Activity for
Violations of the Law of Ukraine 'On the Specifics of the Government Regulation
of the Activity of Subjects of Economic Activity Associated with the
Manufacture, Export and Import of Laser-Readable Discs'" dated 6 September
2005. The Procedure now applies to matrices as well. The Order
stipulates businesses' liability for exporting or importing laser-readable
discs, matrices, equipment and raw materials without a license: a fine set at
200 percent of the cost of the imported/exported products, but not less than
3000 minimum tax-free incomes ("mtfi").
At present, 3000 mtfi = 51,000 UAH or approximately
10,100 USD. The Order took effect on
6) Entrepreneurship Committee/Ministry of Education Order No.
77/515 "On Incorporating Amendments and Addenda into the Licensing Conditions for Activities in the
Manufacture of Laser-Readable Discs" dated
Oil and Gas
7) Entrepreneurship Committee Orders Nos. 86, 87, 88 and 89
and National Commission of Ukraine for Regulation of the Electric Power
Industry Resolutions Nos. 856, 857, 858 and 859 "On Approving the Licensing Conditions for Activities in the Transportation
of Natural and Oil Gas by Trunk Pipelines" dated 30 September 2005.
The joint regulations approve new Licensing Conditions for activities in the
transportation of natural and oil gas and oil and oil products by the trunk
pipelines, as well as for distribution of natural and oil gas. Entrepreneurs
that operate under licenses must bring their activities into line with the
requirements of the new Licensing Conditions within three months after the
Resolutions take effect. These Orders and Resolutions took effect on
Telecommunications
8) National Commission of Ukraine for Regulation of
Communications Order No. 53 "On Approving the Licensing Conditions for Using the Radio-Frequency Resources of
Ukraine" dated 19 August 2005. Resident businesses that use or intend
to use Ukrainian radio-frequency resources to render telecommunications
services must obtain licenses for the relevant activities in compliance with
the established procedures. They must also meet certain qualifications and
organizational requirements, an exhaustive list of which is contained in the
approved Licensing Conditions. The Licensing Conditions stipulate issuance of
three types of licenses: national, regional and territorial. Each type of
license authorizes the use of a Ukrainian radio-frequency resource in the fixed
number of regions of
Specific Sectors of
Economy/Miscellaneous
9) Law of