News (#11 November 2016)

Draft

Regulation of activities of social security funds for period of reorganization proposed

At a meeting of the Parliamentary Committee for Social Policy, Employment and Pensions, Committee members recommended that Parliament adopt Draft No.5203 On Amendments to Some Legislative Acts of Ukraine Regarding Certain Issues of Reorganization of Social Insurance Funds and their State Registration.

Currently, arrangements for reorganization of assets and formation of a new Social Insurance Fund of Ukraine are still not complete.

The said Draft proposes to amend the On Compulsory State Social Insurance Act, which, inter alia, stipulates for: changing the decision-making procedure by the Fund Management Board, namely, by a majority of members present of the Board; establishing clear procedure for creation of SIF (Social Insurance Fund) working bodies on the basis of SIF on TD (temporary disability) and of SIF on JRA (job-related accidents) in accordance with provisions of the Civil Code and the On State Registration of Legal Entities, Individual Entrepreneurs and Public Organizations of Ukraine Act, taking into account the necessity to ensure the continuity of insurance payments and of services provision to insured individuals; it is also proposed to determine the conditions of commencement of functions and tasks performance by the newly created Fund and by working bodies of its executive management, of the procedure on appointment of managerial staff. The director of the Executive Directorate and his deputies and heads of departments of the Fund executive management and of its branches shall fulfill their powers under contractual terms.

The Draft proposes to introduce changes to several laws of Ukraine, which stipulate that particular features for termination of legal entities located on temporarily occupied territory and the territory of the Anti-terrorist Operation shall be determined by the Cabinet of Ministers, and shall be valid until restoration of the constitutional order of Ukraine and completion of the Anti-terrorist Operation.

The Draft also proposes to align certain provisions of the On State Registration of Legal Entities, Individual Entrepreneurs and Public Organizations of Ukraine Act in connection with adoption of the On Amendments to the Tax Code and Some Legislative Acts to Balance Budget Revenues in 2016 Act, which abolished classes of occupational risk.

 

Changes to state investment projects

On 4 October Draft Act No.5105 On Amendments to the Act of Ukraine On Investment Activity was approved in the first reading.

The Draft is expected to harmonize the provisions of the On Investment Activity Act with the Act On Amendments to the Budget Code Regarding State Investment Projects, and also to improve the conduct of evaluation, selection and monitoring of investment projects, for implementation of which state support may be provided.

The Draft provides for: distinction between concepts of state investment and state support; decentralization of decision-making on investment through the introduction of concepts of state investment, local investment; simplification of procedure for obtaining state support for investment projects by changing the role of the State Register of investment projects from permissive to informative, as well as entering projects, for which state support was provided, and state Investment Projects to the State Register of investment projects for the purpose of monitoring their implementation.

 

Protecting political prisoners

Draft Act No. 5218 On Legal Protection of Political Prisoners has been registered in the Ukrainian Parliament. The purpose of this Draft is to create legislative conditions to ensure legal protection of political prisoners who have been wrongfully convicted or held on the territory of the Russian Federation.

The Draft proposes to define the legal status of political prisoners and persons who in the period from 27 February 2014 (from the moment of annexation of the Autonomous Republic of Crimea) and during military occupation of the territory of Ukraine in the zone of conducting of the Anti-terrorist Operation were held hostage or illegally detained in the Russian Federation, or were convicted in the Russian Federation for politically motivated reasons, or for acts committed outside the internationally recognized territory of the Russian Federation.

The Draft formalizes state guarantees as of legal protection of such persons, in particular, securing their representation in various judicial authorities, provision of measures for their return to Ukraine, government funding of costs associated with provision of legal protection of such prisoners, etc.

Moreover, the Inter-institutional Commission for political prisoners will be established to address issues related to political prisoners.

 

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