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Legal Alerts
31 January 2013
Recent Changes in the Legal Regime for Personal Data Protection
Further to our Legal Alerts concerning the legal regime for personal data protection, we would like to remind you that on 20 December 2012 a number of important amendments to the Law “On Personal Data Protection” (the “Law”) came into force, including: The new/updated definitions were introduced into the Law. For example, the amended definition of the consent of subject of personal data (i.e. individual) provides that the consent of the individual may be given not only in written, but in any other form, which would allow to make the conclusion that the relevant consent was granted; also new definitions of data file and personal data receiver were introduced. 
6 December 2012
National Bank of Ukraine Clarified the Timeframe for the Registration of Cross-border Loans
The ambiguity of the timeframe for the registration of cross-border loans by non-banking resident-borrowers (including inter-company loans) with the National Bank of Ukraine (the "NBU") was finally resolved by the NBU Resolution No. 450 dated 29 October 2012 "On Amendments to Some of the NBU Regulations" stipulating, inter alia, that a regional NBU branch must register a cross-border loan within 5 business days following the date of submission of the required documents. NBU Resolution No. 450 took effect on 9 November 2012.
5 November 2012
Important and comprehensive improvements to the PSA Regime in Ukraine
The new Law "On Amendments to Selected Legislative Acts of Ukraine Concerning Execution of Production Sharing Agreements (“PSA Amendments Law”) was recently signed by the President and is expected to take effect soon, introducing a number of important amendments into the PSA Law and a few other laws.
28 September 2012
Concept of the National Program for the Development of Competition in 2013-2023
On 19 September 2012, the Cabinet of Ministers of Ukraine adopted Ordinance No. 690-r "On Approving the Concept of the National Program for the Development of Competition in 2013-2023" (the "Concept"). The Concept was developed by the Antimonopoly Committee of Ukraine (the "AMC") within the broader economic reforms context. Considering an increasingly active position of the AMC as the regulator in the area of antitrust and competition, the Concept must be seriously considered by the companies doing business in Ukraine. The main purpose of the Concept is to develop the competition as one of the main instruments of ensuring sustainable economic growth, improvement of conditions for effective functioning of commodity markets, as well as their legislative regulation.
31 August 2012
New PSA Law Amendments Bill
On 30 August, a new Bill #11119 was registered with the Verkhovna Rada (Parliament) of Ukraine, introducing a number of important amendments into the PSA Law and a few other laws, in particular with regards to the conversion of the existing Subsoil Licenses into production sharing agreements (“PSA”). The Bill accumulates a long list of various amendments proposed in the past few years by the investment and legal community, including by our firm, as well as amendments needed for the Government of Ukraine (“GOU”) to move forward on the two PSAs currently under negotiations (Olesska and Yuzivska).
31 July 2012
Anticorruption Legislative Developments
The Parliament of Ukraine has adopted the Law “On Code of Conduct” (for state officials) No. 4722-VI which came into effect on 13 July 2012. On 10 July 2012 the Ministry of Justice of Ukraine issued the Clarification to the Law of Ukraine "On the Fundamentals of Prevention and Combating of Corruption in Ukraine".
27 June 2012
AMC Warns on Maximum Fines for Completing Economic Concentrations without its Prior Approval
According to the most recent news posted on the official website of the Antimonopoly Committee of Ukraine (AMC), it warns the companies that economic concentrations, such as domestic and international mergers & acquisitions, cannot be implemented without its prior approval, and that violations of this requirement will be subject to maximum fines.
14 June 2012
Sanctions for Violation of Legislation on Personal Data Protection May be Postponed until 1 February 2013.
Further to our Legal Alerts concerning legal regime for the personal data protection, we would like to remind you that the Law “On Amending Certain Legislative Acts of Ukraine regarding Enhancement of Responsibility for Violation of Legislation on Personal Data Protection” (the “Law”) stipulates serious administrative and criminal sanctions for violations in the area of personal data protection; which are scheduled to take effect as of 1 July 2012.
19 March 2012
Ukrainian Customs Announce Massive Audit and Enforcement Campaign
The State Customs Service of Ukraine ("SCS") in its Letter "On Increasing Payments to the Budget" (the “Letter”) announced as of 1 April 2012 massive audit and enforcement campaign, and called taxpayers to voluntarily comply with customs payments before this date. Failure to comply will result in individual audits and sanctions, in particular for the failure to declare the specific elements that must be included in the customs value of goods (including royalty, freight, engineering, insurance costs, etc.).
3 February 2012
Liability for Violation of Legislation on Personal Data Protection is Postponed and Procedure for Processing of Personal Data is Adopted
Further to our Legal Alerts concerning legal regime for the personal data protection, we are pleased to inform you that 31 January 2012 a new Law was signed by the President, which postpones the liability for violations in the area of personal data protection for six month. The full name of this Law is the Law of Ukraine "On Amendments to the Final Provisions of the Law of Ukraine "On Amending Certain Legislative Acts of Ukraine regarding Enhancement of Responsibility for Violation of Legislation on Personal Data Protection".
21 December 2011
The Applications for Registering Personal Data Databases are Due by 31 December 2011.Further to our Legal Alerts and updates concerning new legal regime for the personal data protection, please be reminded that applications for the registration of a base (bases) must be filed with the State Personal Data Protection Service by 31 December 2011.
15 November 2011
Update on Deregulation MeasuresThe Government of Ukraine (“GOU”) – the Verkhovna Rada (the "Parliament") and the Cabinet of Ministers - continue developing and enacting measures in the sphere of deregulation of business activity and improvement of the regulatory regime (customs, public procurement and other sectors). In this Alert we offer a brief overview of the key business deregulation measures pending or enacted within the past several months.
14 November 2011
Electronic State Registration of Companies and Individuals- EntrepreneursIn this Alert we summarize the latest developments on implementation of the Law "On Amendments to the Law of Ukraine "On the State Registration of Legal Entities and Individuals - Entrepreneurs" Concerning Electronic Registration" (hereinafter – the “Law”), which took effect on 14 August 2011.
7 November 2011
Amendments to the Civil Code of UkraineOn 16 October 2011, the Law of Ukraine "On Amendments to Specific Legislative Acts of Ukraine Aimed at Governing Relations between Creditors and Consumers of Financial Services" (the "Law") and amended a number of regulations. In particular, the Law introduced amendments to the Civil Code providing that a loan interest rate may be fixed or floating. The type of the interest rate shall be determined in the loan agreement upon the creditor's and the debtor's consent.
24 October 2011
Update on Registration of Legal Entities Based on the Model CharterAs we reported earlier, the Law of Ukraine "On Amending Some Legislative Acts of Ukraine Concerning the Introduction of the Principle of the State Registration of Legal Entities on the Basis of the Model Charter" (hereinafter – the "Law") took effect on 28 August 2011. The Law amends the Commercial Code and Civil Code, as well as the Law of Ukraine "On Registering Legal Entities and Individuals-Entrepreneurs" and the Law of Ukraine "On Economic Societies". The Law allows a simplified incorporation of a legal entity on the basis of the model charter, i.e. without approving an individual charter.
24 October 2011
New Rules on Visa and Status of ForeignersAs we reported earlier, on 10 September 2011 Resolution No. 567 of the Cabinet of Ministers of Ukraine "On Approving the Rules of Issuing Visas Authorizing Entry into Ukraine and Transit Through its Territory" (the “Resolution”) came into force. The Resolution introduces major changes in the Ukrainian visa rules and extends the list of persons entitled to obtain temporary residence permits (“TRP”). In this Alert we take into account the new developments, which took place after the Resolution took effect, including adoption of the new Law of Ukraine "On the Status of Foreign Nationals and Stateless Persons". In general, the new legislation is aimed at standardizing the visa and temporary residence rules and practice, and bringing these rules closer to the European Union standards.
30 August 2011
Recent Amendments to Antitrust RegulationsThe Law of Ukraine "On Amendments to Certain Laws of Ukraine Concerning Improvement of the Legal Regulation of Economic Competition Protection" (the ”Amendments”) entered into force 27 July 2011. It clarified some issues of considering concerted actions, concentration applications and conclusions by the Antimonopoly Committee of Ukraine (“AMC”).
10 August 2011
Law of Ukraine "On state Land Cadastre" AdoptedOn 2 August 2011, the Ukrainian President signed Law of Ukraine No. 3613-VI "On the State Land Cadastre" dated 7 July 2011. The Law is one of the two Laws, which when they take force, will cancel the moratorium on sale of agricultural lands. The Law will take effect on 1 January 2012. According to clause 15 of the Transitional Provisions of the Land Code of Ukraine, after the Law takes effect the purchase and sale and other alienation of land plots and land shares will be introduced, subject to the adoption and entry into force of the second law – the Law of Ukraine "On the Land Market" (the respective Bill has been submitted to the Verkhovna Rada of Ukraine and should be considered in the autumn of 2011). Read the Alert in English
and in Ukrainian
12 July 2011
New Ukrainian Visa RegimeOn 1 June 2011, the Cabinet of Ministers of Ukraine adopted the Resolution which approved new rules for issuing visas authorizing entry into Ukraine and transit through its territory and introduced amendments to existing regulations. The new Visa Regulations will take effect on 11 September 2011. The new Visa Regulations substantively differ from those that are currently in effect. Some of the important changes are: other visa types, grounds for visa denial, new tariffs and new categories of foreigners entitled to receive temporary residence permits. Read it in English
or in Ukrainian
5 July 2011
The Cabinet of Ministers of Ukraine Approves Regulations on Registry of Personal DatabasesOn 21 June 2011, the Cabinet of Ministers of Ukraine Resolution No. 616 "On Approving the Regulations on the State Registry of Personal Databases and the Procedure for Maintaining Same" that was elaborated pursuant to Art. 9 of the Law of Ukraine "On Personal Data Protection", took effect. According to the Regulations, the State Registry of Personal Databases ("the Registry") is a unified State information system intended for collection, storage and processing of information about the registered personal databases. Its operation is planned to start on 1 July 2011.
15 June 2011
The New Law on Combating CorruptionOn 7 April 2011 the President of Ukraine signed the Law "On Fundamentals of Prevention of and Combating Corruption in Ukraine" (the "Law"). The Law is to take effect on 1 July 2011, except for Article 11 ("Special control over individuals applying for positions connected with performing functions within the State or local self-government authorities") and Article 12 ("Financial Control") that will take effect on 1 January 2012.
13 June 2011
INCOTERMS-2010On 26 May 2011, Presidential Decree No. 589/2011 took effect, which abolished two earlier Presidential Decrees (Decree No. 567/94 dated 4 October 1994 and Decree No. 505/95 dated 1 July 1995) establishing that Ukrainian business entities entering into contracts governed by Ukrainian law had to apply Incoterms (international unification rules for various basis of delivery terms that are widely used in international commerce) and provided for publishing of such rules in the "Uriadovyi Kuryer" newspaper.
3 June 2011
Adoption of the National Program for the Development of Minerals - Raw Materials Base in Ukraine for the Period until 2030
On 20 May 2011 the President of Ukraine signed the Law "On Amending the Law of Ukraine "On Approving a National Program for the Development of Minerals - Raw Materials Base in Ukraine for the Period until 2010", which restates the old law in a new version and contains the National Program for Development of the Minerals - Raw Materials Base in Ukraine until 2030. The Program took effect on 25 May 2011.
3 June 2011
Report on American Chamber of Commerce in Ukraine's Knowledge Seminar "Prospects for Unconventional Gas Extraction in Ukraine: Environmental and Technological Aspects"
On 20 May 2011, RULG attorneys attended the Seminar organized by American Chamber of Commerce in Ukraine, which was dedicated to the prospects for unconventional gas extraction in Ukraine. The seminar was organized with support from Mr. V.Tikhonov, Vice Prime Minister of Ukraine, the Ministry of Regional Development, Construction and Municipal Economy of Ukraine and the Ministry of Fuel and Coal Industry of Ukraine.
27 May 2011
Update on Personal Data Protection Regime in Ukraine
As we informed in our Legal Alert dated 19 November 2010, the Law On Personal Data Protection took effect 1 January 2011 introducing requirements for gathering, processing, storing, and transferring of a personal data. Effective 6 April 2011, State Service of Ukraine on Personal Data Protection has been established by the Decree N 390/2011 of the President of Ukraine.
26 May 2011
Overview of the Deregulation Measures
The Government of Ukraine – the Verkhovna Rada and the Cabinet of Ministers – have recently developed and enacted a number of long-awaited measures in the sphere of deregulation of business activity and improvement of the regulatory regime (customs, public procurement). These are developments facilitating the incorporation of legal entities in Ukraine (e.g. registration of legal entities based on a model charter, cancellation of special permits for corporate seals, abolishing minimal Authorized capital requirements for Limited Liability Companies), reducing requirements to documents to be filed with the state registration authorities, reducing number of licensed activities, introducing of electronic customs declarations. A number of other deregulation procedures in development are also described in the Legal Alert.
26 May 2011
Current Ukrainian Tax Rates
25 March 2011
Changes in Ukrainian Antitrust Legislation Electronic Filing System Introduced for Submitting Merger Clearance and Concerted Actions Applications
In 2011 the Antimonopoly Committee of Ukraine ("AMCU") changed the procedure for submitting applications for merger clearance and concerted actions by introducing a compulsory electronic filing system.
4 February 2011
The Documents Certifying the Ownership Structure of Founders of Newly Incorporated Company in Ukraine
As we informed in our Legal Alert dated 21 August 2010, during the initial incorporation of a company, if the Founders are non-resident legal entities it is now required for them to disclose their ownership structure to the extent of beneficial owners (individuals with substantial shareholding). Such Founders must also file with the State Registrar the documents certifying the ownership structure.
29 December 2010
Changes in the Ukrainian land tax rates according to the new Tax Code of Ukraine.
The Tax Code has increased by three times the tax rates for land plots located within populated areas and have not undergone rental income appraisal.
27 December 2010
Verkhovna Rada approves new Anti-Corruption Bill at first reading.
On 23 December 2010, the Verkhovna Rada approved in first reading an entirely new anti-corruption bill, "On Fundamentals of Prevention of and Combating Corruption in Ukraine" submitted by the President on 17 December 2010. The Bill was drafted by the National Anti-Corruption Committee with the active support of the Ministry of Justice of Ukraine. It is expected that the Bill will be adopted in the middle of January 2011.
7 December 2010
Overview of the New Tax CodeThe new Ukrainian Tax Code was signed by the President and then published on 4 December 2010. Most of its provisions will come into force on 1 January 2011, with certain provisions to be enacted at other specific dates specified in the Code.
23 November 2010
New Law "On Amendments to the Law of Ukraine "On the State Registration of Legal Entities and Individuals – Entrepreneurs" Concerning Electronic Registration"
19 November 2010
New Personal Data Protection Regime to Take Effect in Ukraine
Effective 1 January 2011, new Law On Personal Data Protection takes effect confluent with the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data (Strasbourg) dated 28 January 1981 and the Additional Protocol to the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data, regarding supervisory authorities and transborder data flows (Strasbourg) dated 8 November 2001, both of which have been ratified in Ukraine.
19 November 2010
New Rules Applicable to Use of "Ukraine" as a Trademark Element
New Rules came into effect on November 5, 2010, governing use of the official state name of the State - "Ukraine" - as a trademark element.
21 August 2010
Registration of Legal Entities in Ukraine Becomes More Burdensome
June 2010
The most significant recent changes as well as proposed changes to Ukrainian laws affecting business and investment environment.
23 December 2009
Foreign Individuals' Taxation and Their Registration as Ukrainian Tax ResidentsOn 18 December 2009, the Ukrainian Tax Administration cancelled its 2004 clarifications regarding foreign individuals' taxation and their registration as Ukrainian tax residents and issued new clarifications on 23 December 2009. The new clarifications elaborate on current practices in applying the legislation regarding non-residents' tax payments and their registration as Ukrainian tax residents.
25 November 2009
Major Legislative Changes in Investment, Currency and Banking RegimesNew Law "On Amending Certain Laws of Ukraine with the Purpose of Overcoming Negative Impacts of the Financial Crisis" seriously affects investment and currency regime in Ukraine.
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