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On 14 November, the Cabinet of Ministers of Ukraine (CMU) adopted Resolution №1201 "On Amendments to the Resolutions of the Cabinet of Ministers of Ukraine № 848 dated 21 October 1995 and № 601 dated 13 June 2023". This resolution amended the following acts of the Government:
- Resolution of the CMU № 848 dated 21 October 1995 "On Simplification of the Procedure for Providing Subsidies to the Population for Reimbursement of Expenses for Housing and Utility Services, Purchase of Liquefied Gas, Solid and Liquid Heating Fuel"
- Resolution of the CMU № 601 of 13 June 2023 "On the Implementation of a Pilot Project to Improve the Procedure for Providing Subsidies to the Population for Reimbursement of Expenses for Housing and Utility Services, Purchase of Liquefied Gas, Solid and Liquid Heating Fuel".
On 10 November, the CMU adopted Resolution № 1189 "On Amendments to Certain Resolutions of the Cabinet of Ministers of Ukraine on Settlement of Debts of Heat Supply and Heat Generating Organisations, Centralised Water Supply and Wastewater Treatment Companies".
This Resolution amended the following acts of the Government:
- "The Procedure for Maintaining the Register of Heat Supply and Heat Generation Organisations, District Water Supply and Wastewater Treatment Companies Participating in the Debt Settlement Procedure and Using the Said Register", approved by Resolution of the Cabinet of Ministers of Ukraine № 93 dated 21 February 2017;
- Resolution of the CMU № 221 dated 29 March 2017 "On Approval of the Model Agreement on Restructuring Debts for Electricity Consumed";
Among other amendments, the "Model Agreement on Restructuring of Debt for Electricity Consumed" and the "Schedule for Repayment of Debt for Natural Gas Consumed, Distribution and Transportation Services, Heat Energy, Centralised Water Supply and Centralised Wastewater Services, which arose as of 1 June 2021" were amended.
On 10 November, the CMU adopted Resolution №1175 "On Approval of Criteria for Assessing the Admissibility of State Aid to Business Entities for Recreational Infrastructure". This Resolution approves the above criteria used to assess the admissibility of state aid provided to business entities to facilitate economic activities carried out with the use of recreational infrastructure and sets out the conditions under which such state aid is admissible for competition.
These criteria do not apply to state aid:
- provided for export activities and aimed at costs that affect export volumes, the creation and operation of a distribution network or other current costs directly related to export activities;
- if its provision is conditioned by the fulfillment by the recipient of state aid - a foreign business entity of the mandatory requirement to have a head office in Ukraine. If the provision of state aid is conditioned on the fulfillment by the recipient of state aid - a foreign business entity of the mandatory requirement to have a branch and/or representative office in Ukraine on the date of receipt of state aid, these criteria will apply to such state aid;
- if its provision depends on the obligation of the recipient of state aid to use domestically produced goods.
On 7 November, the CMU adopted Resolution №1205 "On Amendments to the Resolutions of the Cabinet of Ministers of Ukraine № 1178 dated 12 October 2022 "On Approval of the Peculiarities of Public Procurement of Goods, Works and Services for Customers Provided for by the Law "On Public Procurement" for the Period of Martial Law in Ukraine and within 90 Days from the Date of Its Termination or Cancellation" and № 382 dated 25 April 2023 "On Implementation of the Pilot Project for the Restoration of Settlements Affected by the Armed Aggression of the russian federation".
On 7 November, the CMU adopted Resolution №1173 "On the Implementation of a Pilot Project to Provide Additional Support to the Population for the Purchase of Solid Household Heating Fuel during the Heating Season 2023-2024". By this Resolution, the Government
- approved the Procedure for Implementation of the Pilot Project for Providing Additional Support to the Population for the Purchase of Solid Household Furnace Fuel during the Heating Season 2023-2024;
- It is determined that the participants of the pilot project are citizens of Ukraine, foreigners, and stateless persons who are legally on the territory of Ukraine and who are:
- entitled to benefits in accordance with the Laws of Ukraine "On the Status and Social Protection of Citizens Affected by the Chornobyl Disaster" "On Rehabilitation of Victims of Repressions of the Communist Totalitarian Regime of 1917-1991, On Social and Legal Protection of Servicemen and Members of Their Families (except for military personnel), On the Security Service of Ukraine, On the Status of War Veterans and Guarantees of Their Social Protection, On Basic Principles of Social Protection of Labour Veterans and Other Elderly Citizens in Ukraine, "On the Status of Veterans of Military Service, Veterans of Internal Affairs Bodies, Veterans of the National Police and Some Other Persons and Their Social Protection, On Libraries and Library Work, On Museums and Museum Work, On Plant Protection, On Victims of Nazi Persecution, On Childhood Protection, On Social Protection of Children of War, "On Culture, On Education, On Restoration of the Rights of Persons Deported on National Grounds, the Civil Protection Code of Ukraine (except for privates and officers), the Fundamentals of Healthcare Legislation of Ukraine, and their family members who are entitled to the benefit (spouse, their minor children (under 18 years of age);
- unmarried adult children who are recognised as persons with disabilities from childhood of groups I and II or persons with disabilities of group I;
- persons who live with and care for a person with a disability as a result of war of group I, provided that the person with a disability as a result of war is not married;
- disabled parents;
- persons who are under the care or guardianship of a citizen entitled to benefits and live with him/her).
The above categories of persons must meet the following conditions:
- live in residential premises (houses);
- not receive a utility service for the supply of heat energy for district heating (heat supply);
- not use natural gas or electricity for individual heating;
- during 2023-2024, apply to the Pension Fund of Ukraine for additional support for the purchase of solid household stove fuel.
The amount of additional support received is not included in the calculation of total monthly (annual) taxable income.
On 7 November, the CMU adopted Resolution №1170 "On Approval of the Procedure and Conditions for Approval of Borrowings from Foreign States, Banks and International Financial Institutions for Implementation of Investment Projects by Business Entities in the Fields of Centralised Water Supply and/or Centralised Wastewater Disposal, Licensing of Economic Activities of Which is Performed by the Council of Ministers of the Autonomous Republic of Crimea, Regional, Kyiv and Sevastopol City State Administrations, with Local Self-Government Bodies". This Resolution approved the above Procedure and Conditions, which define the mechanism for business entities in the areas of centralised water supply and/or centralised sewerage, licensing of which is carried out by the Council of Ministers of the Autonomous Republic of Crimea, regional, Kyiv and Sevastopol city state administrations, to agree with local governments on loans, (credit) borrowings from foreign states, banks, and international financial organizations for the implementation of investment projects.
To approve borrowings to be reimbursed at the expense of tariffs for centralized water supply and/or centralized sewerage services, which will include funds to repay the principal amount of the borrowing, interest expenses, and other expenses related to borrowings, the business entity shall send an application in paper or electronic form to the local self-government body authorized to set tariffs for centralized water supply and centralized sewerage. The application must be accompanied by:
- a list of investment project activities with a justification of the feasibility and necessity of their implementation, a written feasibility study for borrowing, the results of an analysis of the technical condition of wastewater facilities with the identification of priority areas for investment (taking into account an integrated approach to the collection, transportation, treatment, and discharge of wastewater);
- a consolidated estimate of the cost of construction of the facility to be constructed under the investment project for the planning period, approved by the construction customer, and information on the resources to it;
- a copy of the report on the examination of the estimated part of the project documentation for the planning period in accordance with the Law "On Regulation of Urban Development";
- indicative procurement prices used in the formation of the investment project;
- commitments to the efficient use of funds, resources, assets, and achievement of the expected results of the investment project, in particular:
- mandatory application of cost estimates for pricing in construction;
- ensuring that tender documents and contractual terms and conditions include requirements for the liability of business entities, including the amount of contract security, the application of penalties for non-fulfilment or untimely fulfilment of obligations, violation of work schedules, quality requirements, misuse of advances, untimely return of advances, control over the calculation of penalties and proper claim handling;
- ensuring control and verification of the actual costs incurred by contractors (including subcontractors, if involved) during the planning and implementation of an investment project;
- reducing specific costs and resource losses; ensuring technological accounting of centralised water supply services; reducing the volume of water consumption for technological needs; improving the quality of centralised water supply and/or centralised wastewater disposal services.
- information on the preliminary financial plan for each activity within the investment project;
information on the terms of borrowings (approximate amount of borrowings, their source - an international financial organisation, projected financing schedule, schedule of repayment of interest and principal amount of borrowings (including the amount of interest for use, terms of payment of interest and principal amount of borrowings), currency of repayment of borrowings);
- calculation of the economic effect of the investment project implementation in order to take into account the relevant amounts of funds as a source of repayment of borrowings;
- the results of the analysis of the impact on the level and structure of tariffs calculated for the period of validity of the loan agreement (agreement).
On 7 November, the CMU adopted Resolution №1167 "On Amendments to Clause 3 of Resolution of the Cabinet of Ministers of Ukraine № 303 dated 13 March 2022 "On Termination of State Supervision (Control) and State Market Supervision under Martial Law". According to these amendments, during the period of martial law, it is allowed to carry out planned and unscheduled measures of state supervision over compliance by business entities operating in the energy and utilities sectors, as decided by the National Energy and Utilities Regulatory Commission, however, only if there is a threat that has a significant negative impact on the rights, legitimate interests, human life and health, environmental protection, and state security.
On 7 November, the CMU adopted Resolution №1166 "On Approval of the Procedure for Monitoring Waste Treatment Facilities". This Resolution of the Government approved the aforementioned Procedure, which defines the main requirements for organizing monitoring of waste treatment facilities to monitor the state of the environment and the amount of its possible pollution as a result of waste recovery or disposal operations at a facility, engineering structure or other object, interaction of business entities in the field of waste management with state authorities and local self-government bodies in the process of monitoring of waste treatment facilities.
On 7 November, the CMU adopted Resolution №1163 "On Amendments to Certain Resolutions of the Cabinet of Ministers of Ukraine on Access to Free Legal Aid". This Resolution amended the following acts of the Government:
- Resolution of the Cabinet of Ministers of Ukraine № 1362 dated 28 December 2011 "On Approval of the Procedure and Conditions for Holding a Competition for the Selection of Attorneys Engaged to Provide Free Secondary Legal Aid";
- "Procedure and Conditions for Conducting a Competition for the Selection of Advocates Engaged to Provide Free Secondary Legal Aid", approved by the said CMU Resolution № 1362 of 28 December 2011;
- CMU Resolution № 1363 of 28 December 2011 "On Approval of the Procedure for Informing Secondary Legal Aid Centres on Cases of Detention, Administrative Arrest or Application of a Preventive Measure in the Form of Detention";
- “Procedure for informing free secondary legal aid centres about cases of detention, administrative arrest or application of a preventive measure in the form of custody”, approved by the Cabinet of Ministers of Ukraine on 28 December 2011, № 1363;
- CMU Resolution № 8 of 11 January 2012 "On Approval of the Procedure and Conditions for Concluding Contracts with Advocates Providing Secondary Legal Aid on a Permanent Basis and Contracts with Advocates Providing Secondary Legal Aid on a Temporary Basis";
- “Procedure and Conditions for Concluding Contracts with Advocates Providing Secondary Legal Aid on a Permanent Basis and Contracts with Advocates Providing Secondary Legal Aid on a Temporary Basis”, approved by the above Resolution of the Cabinet of Ministers of Ukraine № 8 of 11 January 2012;
- "Model Agreement with a Lawyer Providing Free Secondary Legal Aid", as amended by CMU Resolution № 1163 of 7 November 2023;
- Resolution of the CMU № 465 of 17 September 2014 "Issues of Payment for Services and Reimbursement of Expenses of Attorneys Providing Free Secondary Legal Aid".
On 3 November, the CMU adopted Resolution №1171 "On Implementation of the Pilot Project on Identification and/or Registration of Pets". This Government Resolution:
- Starting from 10 November 2023, the Government launched (over the next two years) a pilot project to identify and/or register domestic animals in order to obtain prompt and reliable information about them, control their number and reproduction, and vaccinate them against rabies to ensure veterinary, sanitary and epizootic well-being;
- the Procedure for Implementation of the Pilot Project on Identification and/or Registration of Domestic Animals was approved, according to which owners/keepers of domestic animals, if they participate in the pilot project, must identify them with the help of domestic animal identification equipment and/or register them in the Domestic Animal Register. Pets identified by means of a microchip (transponder) or a brand are subject to registration by pet identification agents. State veterinary inspectors, official veterinarians, and authorised veterinarians will be empowered to identify pets by the State Service of Ukraine on Food Safety and Consumer Protection upon submission of its territorial bodies.
On 3 November, the CMU adopted Resolution №1151 "Some Issues of Lease of Hydraulic Structures". This Resolution of the Government approved:
- "The Procedure for Leasing Hydraulic Structures for Aquaculture Purposes";
- The Procedure for Granting the Use of Hydraulic Structures for Fisheries Technological Reservoirs on a Leasehold Basis;
- "Model Agreement for the Lease of a Hydraulic Structure for Aquaculture Purposes";
- "Standard Agreement for the Use of a Hydraulic Structure for Fishery Production Water Reservoir under Lease".
In accordance with the above Procedure, the lessor of municipally owned hydraulic structures for aquaculture purposes is an executive body of local self-government authorised by the relevant village, settlement, town council, or if such a body is not designated, the relevant village, settlement, town, district, or regional council.
On 10 November, the CMU adopted Resolution №1025-r "On Approval of the Action Plan for Implementation of the Concept of the National Resilience System by 2025". The above-mentioned Plan provides for several measures, including those to be taken by local governments (with their consent), to implement the Concept of the National Resilience System by 2025. In particular, the Plan recommends that local governments take several measures, including:
- organise a survey of the underground space of buildings and structures of infrastructure facilities for various purposes (subways, airports, retail and warehouse premises, car parks, etc.) to determine whether they can be used to shelter the population, take measures to retrofit them and include them in the fund of civil protection facilities - first quarter of 2024;
- to establish, in accordance with the law, voluntary civil protection units, voluntary and local fire brigades (including as part of citizen safety centres), as well as associations of volunteers to perform tasks to maintain public safety - IV quarter of 2024;
- ensure the advance accumulation and constant readiness of personal respiratory protection equipment for the non-working (temporarily disabled) population and develop a mechanism for their prompt distribution in the event of a threat of use of nuclear, chemical and biological weapons - during 2024;
- to conduct communication campaigns for the population to form a culture of behaviour in emergency situations, in particular, on the procedure for evacuation - during 2024;
- carry out communication activities on actions of the population in case of a threat or occurrence of a man-made or natural emergency or a military emergency - by the end of 2025;
- to conduct information activities to promote energy efficiency, energy saving, use of renewable energy sources and alternative fuels among the general public, territorial communities and other target audiences - during 2024;
- to organise the implementation of educational programmes, develop and distribute methodological materials (textbooks, promotional materials, publicly available online courses) to educate the population and ensure civil preparedness, in particular in terms of organising information about the danger of explosive objects in general secondary education institutions - during 2024;
- to carry out a set of information activities to update the principles of the activities of volunteer formations of territorial communities and other forms of civil associations in the interests of national resistance - IV quarter of 2024.
It is worth mentioning that the above-mentioned Plan was developed to implement the Concept of the National Resilience System, approved by the Decree of the President of Ukraine № 479/2021 of 27 September 2021. The Action Plan should be financed at the expense and within the limits of expenditures provided for in the state and local budgets for the respective year, as well as other sources not prohibited by law.
On 7 November, the CMU issued Resolution № 1011-r "On Redistribution of the Subvention from the State Budget to Local Budgets for the Establishment of a Network of Specialised Support Services for Victims of Domestic and/or Gender-Based Violence Provided to the Ministry of Social Policy for 2023". In accordance with the above-mentioned Government Order, almost UAH 8.5 million of the above subvention was redistributed between the regional budgets of Ivano-Frankivsk, Kyiv, Mykolaiv, Ternopil, Khmelnytskyi oblasts and the city of Kyiv.
