Finally adopted 13 draft laws, one passed in the first reading, one was returned for reconsideration, one rejected and one recommended for consideration. Recall that the MPs adopted the draft become law only after they are signed by the President of Ukraine.
Bill No. 2302а-d “On amendments to some legislative acts on improving the level of corporate governance in joint-stock companies”
The law provides for introduction into the legislative field of Ukraine procedures of squeeze-out and sell-out (forced purchase and forced sale of shares). This is to simplify the process of converting pseudo-PAO CHAO and improve the conditions of exit from the shareholders owners of minority stakes, providing them with the guarantee of human rights and the opportunity to receive funds for the shares by selling them at a price not below that at which the accumulated your package the majority shareholder.
No. 3081-d “On state support of cinematography”
This law was previously vetoed by the President, now the Verkhovna Rada adopted it with amendments of the President. Introduced monthly payments to the operators of the lottery, which will be distributed separately at the cinema, separate national Olympic Committee, and separately, in a special budget Fund, which is used to Fund culture, the treatment of children suffering from serious diseases. In addition, the possibility of government subsidies for movies, TV series and gosobvinenie the procurement of mobile units for screenings in remote towns and villages.
No. 4194 “On amendments to some legislative acts concerning the use of seals by legal entities and physical persons entrepreneurs”
Will be excluded from the legislation should require the use of seals, regardless of the availability of business entities, as well as the possibility of recognizing the document as invalid in the absence of the seal. Canceled the need of the use of seals in the relationship of business entities with state authorities and bodies of local self-government and to establish administrative responsibility for extortion of a public authority or local government the presence of the seal on the official document.
A copy of the document filed with a public authority or local government is considered certified if it bear the signature of the authorized person.
No. 4334 “On amendments to the law “On heat supply” for promoting thermal energy production from alternative sources”
The document provides for the approval procedure of tariff incentives for the production of thermal energy from alternative sources; to transfer authority from the National Commission, carrying out state regulation in the energy and utilities local governments to set tariffs and local administrations on licensing of economic activity on heat energy production in plants (except for cogeneration plants, thermal power plants and cogeneration plants), using alternative sources of energy. It is emphasized that the establishment of incentive tariffs for thermal energy, produced for the needs of budget institutions and people from alternative sources, at the level of 0.9 of the tariff for thermal energy of the gas, for the needs of budgetary institutions, will allow to save means of consumers.
No. 4470 “On amendments to some legislative acts on corporate contracts”
The document is aimed at improvement of corporate management in joint-stock companies and limited liability companies. He proposes putting into Ukrainian legislation the norms on the conclusion of corporate contracts on the realization of the rights of participants (founders) of the company and agreements between shareholders; the introduction of the Civil code norms, which provide an opportunity to effectively engage the control mechanism and decision-making through the conclusion of the shareholders (participants) of corporate transactions and other changes.
No. 4549 “On amendments to the Law “On the introduction of new investment opportunities, protection of rights and legitimate interests of subjects of entrepreneurial activity of the large-scale modernization” (concerning the mechanism of the procurement of energy)”
The Verkhovna Rada adopted the law on services of energy service (ESCO service) in 2015. Its mechanisms allow to insulate and conduct heat sanitation of communal, public buildings for private investors. Return on investment is expected in the form of payments by saving the energy consumed. The new law clarifies the specifics of the procedures for the procurement of such services.
In particular, we introduce the possibility of using procedures of open bidding and negotiation of the procurement procedure, the requirements regarding the announcement of the procurement procedure of the energy service and the tender documents, are established features of the review and evaluation of bids additional grounds for cancellation of the auction. Clarifies and increases as the terms of the agreement (approval) the essential terms of an energy service contract. Introduced new guarantees for investors. Defined the concept of the object energy, which allows the procedure of procurement of services for several buildings. Cancelled the upper limit of the amount of the annual payments to the contractor. The opportunity to enter into ESCO-contracts for a period of 15 years, which is the average payback period of such projects.
No. 5105 “On amendments to the law “On investment activity” (relative to public investment projects)”
It is expected to distinguish between such concepts as “public investment” and “government support”; simplified procedures for obtaining state support for the implementation of investment projects, changing the role of the State register of investment projects with permits to informative. Provides for the demarcation of national and local investment, the introduction of the procedure of economic evaluation prior to investing. Projects which receive state support, and investment the state projects will be entered in the state register of investment projects to monitor their implementation.
No. 5113 “About financial improvement of the state enterprise “Production Association “southern machine-building plant named after A. M. Makarov”
The law implies a debt restructuring is the only manufacturer of rockets and satellites in the country, as well as the cancellation of penalties in the amount of about UAH 82 million. According to the initiators of the bill, to date the plant has four contracts that give the opportunity to start production. In the discussion document were taken into account the amendment that the government needs to provide the plant, starting from 2017, state defense orders as partial compensation for the loss of the Russian space and defense market.
We will remind that on December 2, 2016 President Poroshenko signed a law on writing off this company is UAH 400 million. debt for consumption.
No. 6010 “for the facilitation of the capitalization and restructuring of banks”
It is believed that this law will allow to protect interests of small and medium banks, simplifying the procedure of their reorganization and recapitalization. In particular, it allows banks to refuse banking license without liquidation of the legal entity that will allow the institution to continue as a non-Bank financial sector perform obligations to depositors. It is envisaged to reduce the processing time and streamline procedures for the capitalization and restructuring of banks through merger to ensure a consistent and concerted action from regulators.
The law is temporary, it will be valid until 1 August 2020.
No. 6099 “On amendments to the Tax code regarding the protection of the rights of domestic agricultural producers”
1 January 2017 was cancelled the special regime of VAT taxation of agricultural enterprises. In this regard, a number of problems with the transition to the General taxation system. A significant number of agricultural enterprises is not properly able to take advantage of legal right to preferential payment of VAT for the year 2016.
The purpose of the law is to ensure the realization of the legitimate rights of agricultural enterprises, the restoration of the equality of taxpayers before the law, prohibiting all forms of tax discrimination. It is expected to make changes to the Tax code, which established the possibility of taking into account in the formula for the registration of tax invoices in the Unified register of those funds, which enterprises are legally entitled.
No. 6161 “On amendments to the section VI “Final and transitional provisions of the Budget code” (on the introduction of medium-term budget planning)”
The law will go to a three-year budget planning. Also, the new system involves the transfer of responsibility for planning and spending of budget funds for the main managers, which will not only justify before Parliament the requirements for three years, but also to report on the achievement of performance indicators for the previous year. The formation of a three-year budget Declaration is a major part of the budget reform under the Coalition agreement, the country development Strategy until 2020, the government programme and Strategy of public Finance management in 2017-2020 years.
No. 6172 “About modification of article 3 of the Law “On prevention of corruption”
Provides an exemption from e-Declaration of soldiers, sergeants and cadets. If a soldier is in a combat zone, he does not submit the Declaration until he returns from the combat zone. Will submit the Declaration of persons belonging to the Supervisory Board of the state Bank, state-owned enterprises or state organizations, with the purpose of making a profit; candidates in people’s deputies of all levels and for the post of President of Ukraine, for the posts of rural, settlement, mayors and prefects. Required to file e-Declaration of physical persons receiving funds in the framework of realization of programs (projects) technical or other, including non-refundable aid in the prevention, combating corruption, etc.
No. 6210 “On amendments to the Tax code regarding clarification of certain provisions and address inconsistencies encountered in the adoption of the Law “On amendments to the Tax code regarding improvement of investment climate in Ukraine”
The purpose of the law is to avoid the imbalance of local budgets of Donetsk and Lugansk regions, as well as troubleshoot any technical errors that arose after the adoption of the law on amendments to the Tax code of December 21, 2016. For example, it is assumed to present in the new wording of paragraph 38 of subsection 10 of section XX of the Tax code, according to which its provisions will apply only to the taxpayers who as of 14 April 2014 had the location (place of residence) on the temporarily occupied territory or the settlements on the line of contact; and/or taxpayers who have objects of taxation of local taxes, fees in these areas.
Also lowered the tax rate on income of natural persons dividends with the current General rate of this tax at 18% to 9%.
Adopted in the first reading
Bill No. 5598 On “energy efficiency Fund”
The document failed to take for a basis only after the third consecutive vote, and it was supported by only 227 deputies (with a minimum of 226).
The aim of the project is to define the basic legal, economic and organizational bases of creation and activities of the energy efficiency Fund by establishing a clear and transparent structure for its operation and financial security of liability of the Fund and its officials.
The creation of the internal hierarchical organizational structure consisting of the Supervisory Board, the management, technical and financial offices. The Supervisory Board shall consist of three Cabinet members, three independent members and one representative of the donors, the draft law clearly defines the criteria for Supervisory Board members. The Fund’s management consists of three people: Director, financial Director and technical Director. Technical and financial offices shall coordinate projects independently from each other, focusing on the maximum effect of energy savings.
Preparing for consideration
Bill No. 6081 “On amendments to the Law “On regulation of urban development” to improve investment opportunities in the field of electricity production from alternative sources”
The Committee on construction, urban development, housing and public utilities recommended that the Verkhovna Rada adopts the bill, the purpose of which is to eliminate obstacles to the implementation of new projects in the field of renewable energy, particularly for reservation of capacity for an indefinite period in connection with the issuance of perpetual technical conditions for power plants, as well as the possibility of abuse of issued technical conditions. The bill proposes that for power plants generating electricity using alternative energy sources specifications are valid for three years from the date of issue.
Sent back for revision
Bill No. 3096 “On amendments to some legislative acts on simplification of certain aspects of the oil and gas industry”
Initially, the deputies wanted to deny it, but then still sent for a repeat first reading. The draft proposed changes aimed at improving the procedure of granting land plots for exploration work and the construction, maintenance, repair of objects of pipeline transport, construction of oil and gas wells and related operation of facilities and structures, access roads, power lines and communications. It was argued that this will help to optimize the cost of oil and gas companies and to increase the volumes of oil and gas of its own production.
Bill No. 5558 “On amendments to some laws (concerning security of use of gas distribution systems)”
In the government’s proposed project was envisaged to resolve issues of use of gas distribution systems, namely, to determine the legal basis for the transfer of the use (lease). Recall that currently these systems are used by regional gas companies for free on the basis of contracts of business. At the time of the ban on free such possession was not, but may 8, 2015 entered into force the law “On natural gas market”, which established the ban on use of gas distribution system owned by the state, the right of economic management. It is estimated that the losses of the state budget from the free use of public distribution systems up to 1 million UAH. a day.