L&M Finance Group

Changes in legislation in September for the period of martial law

At the meeting on August 25, the Cabinet of Ministers of Ukraine made changes to the list of licensing bodies to bring it into line with the legislation. In accordance with this decision, the Ministry of Economy of Ukraine was excluded from the list of agencies for licensing business activities for mediation in employment abroad.

The interdepartmental working group on deregulation under the chairmanship of the First Deputy Prime Minister of Ukraine - Minister of Economy Yulia Svyridenko recommended canceling the relevant license as early as January of this year.

In March, the Verkhovna Rada adopted the Law "On the Protection of Labor Migrants and Combating Fraud in Employment Abroad", which repeals this instrument of state regulation. This law will enter into force on October 14, 2023.

Also, the names of some types of economic activity, the licensing of which is carried out, were added to the list

· National Council on Television and Radio Broadcasting.

· National Securities and Stock Market Commission.

· Ministry of Environmental Protection and Natural Resources of Ukraine.

On September 8, a joint order of the Ministry of Finance and the Ministry of Defense of Ukraine was published on the approval of the Procedure for electronic interaction between the Unified State Register of Conscripts, Conscripts and Reservists and the State Register of Individuals - Taxpayers. This Procedure defines the rules for the exchange of information between the Ministry of Defense and the STS, in particular, it provides for the receipt of information from the State Register by the bodies managing the USRCCR to update the database of the USRCCR. Exchange data will be carried out with the help of systems electronic interaction state electronic informative of "Trembit" resources. Before starting the exchange data, The Ministry of Defense and STS will carry out carrying out one time verification data about persons that contained in the USRCCR, with data contained in the State Register. This order will enter into force from the day following his day official publication. Now there was no order published by.

In Ukraine now are working on creating of the unified state register conscripts, conscripts, and reservist. This will automatically receive data from others state registers. The Ministry of Defense conducts work on the organization informative interaction between Register and information and telecommunication systems, registers, databases, and owners, which are state bodies. It made for promotion quality personal data conscripts, conscripts, and reservists in the Register.

These steps are in line with the Law of One state register conscripts, conscripts, and reservists, as well as the Law on Open electronic registers and the Improvement Act some questions implementation military duty and conduct military accounting. In addition, the One state register conscripts, conscripts, and reservists got new certificate compliance that opens possibility informative interactions with others state registers. It is also being developed in Ukraine new mechanism reservation conscripts.

On September 19, the Cabinet of Ministers of Ukraine adopted Resolution No. 1011, which approved the Methodology for determining the ultimate beneficial owner of a legal entity. This methodology includes methods of researching the signs of decisive influence, monitoring and updating information about the ultimate beneficial owner, as well as features of determining the ultimate beneficial owner for various types of legal entities, such as: non-profit organizations, general and limited partnerships, partnerships and corporate investment funds.

Determining the ultimate beneficial owner by a legal entity or establishing the fact of its absence includes several stages.

The first stage is the study of signs of direct decisive influence on the activity of a legal entity. For this purpose, an analysis of the nature and degree of ownership by a natural person of a key share of the statutory (composite) capital or voting rights of a legal entity is carried out.

The second stage is the study of signs of indirect decisive influence on the activity of a legal entity. This can be done by an individual owning a key share of the authorized (composite) capital or voting rights of a legal entity through related individuals or legal entities, trusts or other similar legal entities. This stage also includes the study of the right to control, own, use or dispose of all or part of the assets, the right to receive income from the activities of a legal entity, trust or other similar legal entity.

The third stage is the study of information about the founders, trust owners, defenders and other natural persons who have a decisive influence on the activities of the trust or other similar legal entity. In the case of their presence in the property structure of a legal entity and/or in the case of the formation of a legal entity - a legal entity similar to a trust, it is necessary to find out information about such beneficiaries (beneficiaries), which would provide an opportunity to establish their identity at the time of payment or realization of the due they are right.

The fourth stage is the systematization, generalization, analysis and documentation of the information obtained during the research conducted in the previous stages.

The fifth stage is monitoring and updating (updating) information about the ultimate beneficial owners.

Ukrainian legislation provides for the possibility of direct and/or indirect decisive influence (control) on the activity of a legal entity. The number of persons who have this opportunity is not fixed and may vary based on the combination of ownership, control and/or other influence.

During the investigation of information for the presence of signs of decisive influence on the activity of a legal entity, more than one person exercising direct and/or indirect control may be established. In this case, each of these persons is considered the ultimate beneficial owner of the legal entity.

This resolution is an important step in the fight against illegal property schemes and corruption, and will also contribute to increasing transparency and openness in the management of legal entities.

On September 26, the President of Ukraine signed Law No. 9185 , which introduces probation supervision as a new type of criminal punishment that replaces arrest in most cases.

As noted in law, probationary supervision provides complex impact on the offender without isolation from society within a year to five years (one- two years for minors). Punishment in the form of probationary supervision will consist in limiting the rights and freedoms of the convicted person, defined by law and established by a court verdict, with application observational and social-educational measures. The bill also proposes determine the order of occurrence punishment in the form of probationary supervision and control over its compliance.

The document provides that punishment in the form of probationary supervision will consist in limiting the rights and freedoms of the convicted person, defined by law, and established by a court verdict, with application supervisory and social-educational measures.

In addition, the document suggests determining the order of occurrence punishment in the form of probationary supervision, control over compliance whose relies on the authorized bodies of probation by place residence convicted.

According to with the bill, term punishment in the form of probationary supervision will be calculated from the day of taking convicted person for registration. In this case, according to the rules provided for in Article 72 of the Criminal Code of Ukraine, an hour of preliminary detention or round-the-clock house arrest is counted towards the sentence.

August 30 The President of Ukraine signed the Law dated July 14, 2023 No. 3254-IX "On Credit unions". Among the innovations is a new version of the law offers the following changes:

1. Expansion list services which _ credit cooperatives they can give to its members. Credit cooperatives will have possibility give such financial services such as currency exchange and separate species payment services.

2. Expansion list other species activities related to the main activity credit cooperatives provided that _ _ like that activity related to the basis of activity credit cooperatives of granting financial services or necessary credit cooperatives to provide bigger availability financial services for her members, including the right to provide accompanying (including intermediary) services related to the provision financial services by a credit cooperative or another financial institution.

3. Bringing it into line with the current legislation, including with the Law "On State registration legal persons, individuals’ persons - entrepreneurs and public entities", creation procedures and state registration credit cooperatives.

4. Improvement procedures licensing activity credit cooperatives by combining into a single procedure for obtaining license for proceedings activity credit cooperatives and registrations the applicant as a financial institution; issues general license for proceedings activity credit cooperatives; introduction procedures changes volume valid license (expansion / narrowing list services) upon request credit cooperatives.

5. Making improvements to the credit cooperative organization's management system:

· establishment of general requirements for the credit cooperative organization's management system;

· improvement of procedures for convening and holding general meetings of members of a credit cooperative organization, namely: lowering the quorum threshold for general meetings, expanding the list of methods of notification of holding general meetings, providing for different ways of holding general meetings and voting on them (remote general meetings, by survey, with the participation of delegates , the possibility of early voting, etc.);

· implementation of self-assessment procedures/coordination of managers and persons performing key functions to verify their compliance with the requirements of professional suitability and business reputation;

· implementation differentiated approaches for credit cooperative organizations in context corporate governance models and systems depending on internal control from the type of credit cooperative organizations.

· prohibiting the heads of the credit cooperative organization and persons who perform key functions in the credit cooperative organization from being representatives of other members of the credit cooperative organization at the general meeting of the members of the credit cooperative organization;

· introduction of the requirement for approval by the National Bank of Ukraine of candidates for the positions of managers of a credit cooperative organization (candidates for the positions of managers of a united credit cooperative organization);

· establishing the right of the National Bank of Ukraine to demand the replacement of any of the managers, the chief risk manager and the chief compliance manager, the head of the internal audit unit, if their professional suitability and/or business reputation do not meet the established requirements of the National Bank of Ukraine;

· provides for the right of credit cooperative organizations to outsource certain functions, individual tasks and processes within such functions to the united credit cooperative organization.

6. were made to the requirements for the capital structure of credit unions, including the expansion of the sources of its replenishment, including mandatory additional non-refundable contributions of members, subordinated debt, stabilization fund and credit union liquidity support center at the level of the combined credit union. Requirements for the adequacy of regulatory capital of the first level and total regulatory capital were also introduced, as well as increased requirements for the formation of reserve capital.

7. The organization of state supervision over the activities of credit unions has been improved, including the expansion of the powers of the National Bank of Ukraine to establish/expand prudential standards, taking into account the size of the credit union, its complexity, volumes, types, nature of operations, organizational structure and risks inherent in its activity; control over agreements of credit unions with related persons; the right to require the credit union and its managers to take measures aimed at eliminating (correcting) violations detected during supervision and bringing the credit union's activities into compliance with the requirements of the legislation of Ukraine, including improving the financial condition of the credit union, maintaining a sufficient level of capital and liquidity to cover all significant risks of its activity, improving the quality of corporate governance and the internal control system; establishment of increased values of economic standards for the credit union; applying to the credit union corrective measures, influence measures and early intervention measures, such as: implementation of the credit union recovery plan, increasing the frequency of submitting financial information, etc.

8. Improvements have been made to the procedure for exiting a credit union from the market, including the right to voluntary liquidation or joining other credit unions. Liquidation or reorganization of the union is possible only with the relevant permission of the National Bank of Ukraine in accordance with the approved plan. The procedure for voluntary exit from the market should be clearly defined in the plan, including the terms, conditions and actions of the governing body of the union until the completion of its current obligations and termination of operations. Compulsory liquidation of the union is carried out by canceling its license by the National Bank of Ukraine in case of its inability to fulfill its obligations or for other reasons and a court decision on liquidation.

9. The regulation of the united credit union has also been improved, including the clarification of its legal status, the possibility of creating a stabilization fund as a mechanism to support the solvency of its members, and the regulation of the powers of the united credit union to control the activities of member credit unions.

This law will enter into force at the beginning of next year 2024.

The Law on the Public Health System, which replaced the Law of Ukraine dated February 24, 1994 No. 4004-XII "On Ensuring Sanitary and Epidemic Welfare of the Population", will enter into force on October 1. The main purpose of this Law is to strengthen the health of the population, prevent diseases, improve the quality and increase the length of life.

The law defines the legal, organizational, economic and social principles of the functioning of the public health system in Ukraine. It mandates the regulation of social relations in the field of public health and sanitary-epidemic well-being of the population, defines the rights and obligations of state bodies, local self-government bodies, legal entities and individuals in this field.

The law provides for the establishment of the Coordinating Council on Public Health as a permanent advisory body of the Ministry of Health of Ukraine. The competent body in the field of public health, as well as the basic principles of the implementation of the operational function of epidemiological supervision and monitoring, have been determined.

The law also defines the declarative principles of mandatory medical examinations of employees. According to the list of activities related to public service regarding medical examinations, their obligation will be established. Electronic medical records of employees will also be introduced.

Simultaneously with the entry into force of the Law, the need to obtain a conclusion of the state sanitary-epidemiological examination by producers and importers of non-food products will be abolished. This step will help to simplify procedures and improve business conditions.

On October 2, the new law "On Advertising" comes into force. One innovation is that bloggers and influencers are now subject to the regulation of advertising law. This is defined as follows:

· The concept of user content (posts and stories ) and sharing platforms (social networks, YouTube , etc.) appeared.

· Have appeared, according to which advertising is distributed in Ukraine. If the advertisement is intended for Ukrainian consumers, the subject of the advertisement is available in Ukraine, the advertiser has an office in Ukraine, or the advertisement is made in the Ukrainian language, this advertisement is subject to Ukrainian law.

As such, bloggers are subject to all the requirements and restrictions that apply to other advertisers. Promotion of a product (or a person) not only for money, but also for other types of remuneration is considered advertising. If the blogger received a barter or even a discount instead of money, this is considered advertising and subject to regulation. If bloggers place advertisements, they must indicate that this content contains advertisements.

Restrictions on advertising of alcohol, tobacco and gambling will be considered separately. In general, it is forbidden in advertising to show discrimination or to use stereotypical roles of men and women, to use the body as a sexual object.

Among other things, which will be put into effect from the beginning of October, the following can be defined :

· Ukrainian law defines advertising as any activity that sponsors, promotes or stimulates attention to goods, services, brands or names, including product placement and targeted advertising.

· Product placement is not allowed to be controlled by advertisers, and they should not affect the independence of mass media. Advertising should also not encourage excessive purchase or consumption of goods, and product placement advertising should inform the viewer of this.

· Providers of YouTube , Facebook , Instagram , and other platforms must label apps or videos with ads and notify consumers. Users who publish their own content with advertising must indicate this.

· The law also sets rules for sending advertisements via email, text messages, chatbots and websites, and spam without the consumer's prior consent is prohibited.

· Social advertising is becoming more accessible, and various individuals can become advertisers, however, during election processes, advertising with state budget funds is limited for greater objectivity.

All these changes are aimed at creating a fair and ethical advertising market in Ukraine, taking into account new realities and technologies, and are important for Ukraine's accession to the European Union.