Legal Corner. January 2024
Legal Corner. January 2024

Date: 31.01.2024

Author: Volodymyr Bozhko, Vasyl Polischuk

Photo: Depositphotos

A digest of all news on legislation in parts that may concern local self-government. This version is current as of 31.01.2024.

You are reading Legal Corner for January 2024. If you are looking for the legal updates from December of 2023, follow this link.

On 26 January, the Cabinet of Ministers of Ukraine (CMU) adopted Resolution №94 "Some Issues of Social Support for Internally Displaced Persons and Other Vulnerable Categories of Persons". According to this Resolution:

- the payment of accommodation allowance to internally displaced persons shall be extended automatically from 1 February 2024 for one month without additional application for persons whose six-month period of receiving such allowance expired in January 2024;

- starting from 1 February 2024, it is possible to apply for the extension of the accommodation allowance to internally displaced persons who are entitled to its extension after 1 March 2024, by the "Procedure for Providing Accommodation Allowance to Internally Displaced Persons" approved by the Resolution of the Cabinet of Ministers of Ukraine № 332 "Some Issues of Payment of Accommodation Allowance to Internally Displaced Persons" dated 20 March 2022;

- the accommodation allowance for internally displaced persons who are eligible for it and have personally applied for the extension of its payment during February - March 2024, shall be assigned and paid starting from 1 March 2024.

Amendments were also made to several Government Resolutions on social support for internally displaced persons and other vulnerable categories of persons, in particular:

- "The Procedure for Providing Monthly Financial Assistance to a Person Living with a Person with a Disability of Group I or II as a result of a Mental Disorder, Who, according to the Conclusion of the Medical Commission of a Health Care Institution, Needs Permanent Outside Care, for the Care of Such Person", approved by the Resolution of the Cabinet of Ministers of Ukraine № 1192 of 2 August 2000;

-“The Procedure for Appointing and Paying State Assistance to Families with Children”, approved by Resolution of the Cabinet of Ministers of Ukraine of 27 December 2001, № 1751;

- “The Procedure for Appointing and Paying State Social Assistance to Low-Income Families”, approved by the Cabinet of Ministers of Ukraine on 24 February 2003, № 250;

- “The Procedure for Granting and Paying Temporary State Assistance to Children Whose Parents Avoid Paying Alimony, Are Unable to Support the Child, or whose place of Residence is Unknown”, approved by Resolution of the Cabinet of Ministers of Ukraine № 189 of 22 February 2006;

- “The Procedure for Payment of Allowances for Children Raised in Large Families”, approved by Resolution of the Cabinet of Ministers of Ukraine № 250 "Some Issues of Providing Social Support to Large Families" dated 13 March 2019;

- "The Procedure for Calculating the Average Monthly Total Family (Household) Income for All Types of State Social Assistance", approved by the Resolution of the Cabinet of Ministers of Ukraine № 632 "Some Issues of State Social Assistance Payment" dated 22 July 2020;

- “The Procedure for the Appointment and Payment of State Social Assistance to Persons with Disabilities from Childhood and Children with Disabilities”, approved by the Resolution of the Cabinet of Ministers of Ukraine № 79 "Some Issues of Appointment and Payment of State Social Assistance to Persons with Disabilities from Childhood and Children with Disabilities" dated 3 February 2021;

- “The Procedure for Providing Accommodation Allowance to Internally Displaced Persons”, approved by the Resolution of the Cabinet of Ministers of Ukraine № 332 of 20 March 2022 "Some Issues of Payment of Accommodation Allowance to Internally Displaced Persons";

- Resolution of the Cabinet of Ministers of Ukraine of 11 July 2023 № 709 "Some Issues of Support for Internally Displaced Persons".

 

On 26 January, the CMU adopted Resolution № 90 "On Amendments to the Procedures Approved by the Resolution of the Cabinet of Ministers of Ukraine № 451 dated 28 April 2021 "Issues of Providing Concessional Mortgage Loans to Internally Displaced Persons at the Expense of a Grant Provided by the KfW". This Resolution updated the conditions for obtaining the above-mentioned preferential mortgage loans.

 

On 26 January, the CMU adopted Resolution №70 "On Approval of the Procedure for Organising and Controlling the Implementation of the Requirements of Civil Protection Legislation by State Authorities and Local Self-Government Bodies". This Resolution approved the above-mentioned Procedure, which defines

- requirements for organising and conducting comprehensive, control and targeted inspections of compliance with the requirements of civil protection legislation (including by local self-government bodies)

- requirements for assessing the implementation of civil protection legislation by local self-government bodies;

- lists of questions for checking compliance with the requirements of civil protection legislation by local self-government bodies.

 

On 23 January, the CMU adopted Resolution №73 "On Approval of the Procedure and Conditions for Providing Subventions from the State Budget to Local Budgets in 2024 to Support Certain Institutions and Activities in the Healthcare System". Local governments are recommended (if necessary):

- to plan and pay from local budgets in addition to the amount of the subvention for the expenditures specified in clause 3 of the Procedure and Conditions approved by this resolution, including the repayment of budgetary obligations of previous periods registered with the State Treasury Service;

- to transfer the subvention for certain expenditures in the form of an inter-budget transfer to the relevant local budget if there are not enough budgetary institutions and other communal property entities providing public services on the territory of the territorial community.

The transfer of subventions between local budgets is carried out based on decisions of the respective local councils adopted by each of the parties and the relevant agreements concluded.

 

On 19 January, the CMU adopted Resolution № 52 "On Amendments to Resolution of the Cabinet of Ministers of Ukraine No. 841 dated 21 August 2019 "On Approval of the Procedure and Conditions for Providing in 2023 an Additional Subsidy from the State Budget to Local Budgets for the Exercise of Powers of Local Self-Government Bodies in the De-occupied, Temporarily Occupied and Other Territories of Ukraine Affected by the Full-Scale Armed Aggression of the Russian Federation". According to the amendments:

- the CMU Resolution No. 841 dated 21 August 2019 was extended until 2024;

- the "Procedure and Conditions for Providing in 2024 an Additional Subsidy from the State Budget to Local Budgets for the Exercise of Powers of Local Self-Government Bodies in the De-occupied, Temporarily Occupied and Other Territories of Ukraine Affected by the Full-Scale Armed Aggression of the Russian Federation" was updated;

- introduced a two-stage algorithm for the distribution of such additional subsidies;

- updated the formulas used to calculate the amount of the additional subsidy at the first and second stages;

- approved the distribution of an additional subsidy from the state budget to the local budgets of the Ivanivka village, Kolochava village and Starokostiantyniv town territorial communities for the exercise of the powers of local self-government bodies in the de-occupied, temporarily occupied and other territories of Ukraine that have been negatively affected by the full-scale armed aggression of the russian federation for 2024 between local budgets in the total amount of over UAH 28 million.

 

On 16 January, the CMU adopted Resolution №47 "On Amendments to the Resolution of the Cabinet of Ministers of Ukraine № 76 "Some Issues of Implementation of the Law of Ukraine "On Mobilisation Preparation and Mobilisation" dated 27 January 2023. According to the amendments:

- managers, their deputies and employees involved in the production of goods, performance of works and provision of defence services for the development, manufacture, repair, modernisation and disposal of weapons, military and special equipment, ammunition and their component parts, and are employed at enterprises, institutions and organisations determined by the Ministry of Defence and Strategic Industry to be critical for the functioning of the economy during a special period in the defence industry, are subject to reservation regardless of military rank, age and military speciality;

- the above-mentioned enterprises are not subject to restrictions on the number of persons liable for military service subject to reservation.

 

On 16 January, the CMU adopted Resolution №39 "On Amendments to Certain Resolutions of the Cabinet of Ministers of Ukraine Regarding the Regulation of Relations Related to Compensation for Real Estate Destroyed and Damaged as a Result of Hostilities, Terrorist Acts, and Sabotage Caused by the Armed Aggression of the Russian Federation against Ukraine". This Resolution amended the following governmental acts:

- "The Procedure for State Registration of Real Property Rights and Encumbrances", approved by Resolution of the Cabinet of Ministers of Ukraine № 1127 "On State Registration of Real Property Rights and Encumbrances" dated 25 December 2015;

- "Procedure for Providing Compensation for the Restoration of Certain Categories of Real Estate Damaged as a Result of Hostilities, Terrorist Acts, Sabotage Caused by the Armed Aggression of the Russian Federation Using the eVindication Electronic Public Service", approved by Resolution of the Cabinet of Ministers of Ukraine № 381 of 21 April 2023;

- "The Procedure for Providing Compensation for Destroyed Real Estate Objects", approved by Resolution of the Cabinet of Ministers of Ukraine № 600 dated 30 May 2023;

- approved the form of the "Act of Verification on the Targeted Use of Compensation for Financing the Construction of a Manor House, Garden or Country House".

 

On 16 January, the CMU adopted Resolution №38 "On Approval of the Procedure and Conditions for Providing Subventions from the State Budget to Local Budgets in 2024 for the Implementation of Certain Measures for the Social Project "Active Parks - Locations of Healthy Ukraine". According to this Resolution, the conditions for granting the subvention are as follows:

- holding events in the relevant territories that are not included in the list of territories where hostilities are/were conducted or temporarily occupied by the russian federation, approved by the order of the Ministry of Reintegration;

- availability of safe places for holding events within the framework of the social project, as provided for in clause 3 of the Regulations on the social project "Active Parks - Locations of a Healthy Ukraine", approved by the Cabinet of Ministers of Ukraine on 7 April 2021, No. 326;

- access to locations and services of coordinators (specialists), taking into account the principles of barrier-free accessibility for different segments of the population, including war veterans, their families and internally displaced persons;

- payment for the services of no more than one coordinator (specialist) who meets the requirements and established criteria for a coordinator (specialist) of an event within the framework of the social project "Active Parks - Locations of Healthy Ukraine" approved by the Ministry of Youth and Sports, per location based on the calculation of at least 1000 visitors per coordinator (specialist);

- payment for the services of one coordinator (specialist) in an amount not exceeding the monthly minimum wage established as of 1 January 2024 and increased by 1.2 times.

The distribution of the subvention between the oblast budgets and the city budget of Kyiv is approved by the Cabinet of Ministers of Ukraine upon the proposal of the Ministry of Youth and Sports. The distribution of subventions between local budgets is carried out by regional state administrations (regional military administrations) in accordance with the conditions specified in paragraph 4 of the above "Procedure and Conditions", based on supporting documents regarding:

- availability of locations in compliance with the requirements of the legal regime of martial law;

- ensuring stable work of coordinators (specialists) at the locations;

- terms of engagement/recruitment of coordinators (specialists).

The above-mentioned documents are submitted by the executive bodies of local councils (military administrations) within 14 days from the date of approval of the subvention distribution by the Cabinet of Ministers of Ukraine.

 

On 12 January, the NACP issued Order №2 updating the "Methodological Recommendations on the Application of Certain Provisions of the Law of Ukraine "On Prevention of Corruption" in the Matters of Prevention and Settlement of Conflicts of Interest, Compliance with Restrictions on Prevention of Corruption".

On 9 January, the Cabinet of Ministers of Ukraine adopted Resolution № 16 "On Amendments to Resolution of the Cabinet of Ministers of Ukraine № 473 of 19 April 2022 "On Approval of the Procedure for Performing Urgent Works to Eliminate the Consequences of the Armed Aggression of the Russian Federation Related to Damage to Buildings and Structures".

By the amendments, an inspection report of an object damaged as a result of military actions caused by the armed aggression of the Russian Federation and/or a technical inspection report are documents confirming the fact of damage or destruction of real estate as a result of the armed aggression of the Russian Federation to implement the provisions of paragraphs 8-11 of Section IV "Final and Transitional Provisions" of the Law of Ukraine "On Consumer Lending".

So now the borrower can apply to the bank to suspend payments under the mortgage obligation if the mortgaged property has been destroyed or damaged. This refers to the payment of the principal amount of the loan, interest, fees, and other payments under the consumer loan agreement. However, we are talking about housing located in the territory of active hostilities or temporarily occupied territory that was damaged/destroyed because of the armed aggression of the russian federation.

We would like to remind you that previously, citizens had to confirm the fact of property damage by obtaining an extract from the relevant State Register. Now, the fact of damage or destruction of real estate is confirmed by an inspection report and/or a technical inspection report. This will facilitate and speed up the process of suspending payments on mortgage obligations if the mortgaged property has been destroyed or damaged.

 

On 9 January, the Cabinet of Ministers of Ukraine adopted Resolution №12 "On Approval of Criteria for Assessing the Admissibility of State Aid to Business Entities for the Provision of Services of General Economic Interest". The above Resolution approved the criteria for assessing the admissibility of state aid to business entities for the provision of services related to the satisfaction of particularly important general needs of citizens that cannot be provided on a commercial basis without state support (including at the expense of the local budget).

We would like to remind you that the list of these services is set out in the Resolution of the Cabinet of Ministers of Ukraine № 420 "On Approval of the List of Services of General Economic Interest" dated 23 May 2018. They include:

- services in the field of electricity market functioning, which include:

  • services to perform the functions of a universal service provider;
  • services to perform the functions of the supplier of last resort;
  • services to ensure the development of generating capacities;
  • services to ensure an increase in the share of electricity generation from alternative energy sources;
  • services to increase the efficiency of combined heat and power generation;
  • purchase of electricity produced at electricity facilities from alternative energy sources (and, in the case of hydropower, electricity produced only by micro, mini- and small hydroelectric power plants) at the feed-in tariff or auction price set by the electricity market operator, including a surcharge to it;
  • services for the implementation of technical measures and the development of technologies aimed at reducing pollutant emissions and related to the conversion of combustion plants;
  • services to ensure the availability of electricity for household consumers;
  • services to ensure the security of electricity supply by the Rules on Security of Electricity Supply approved by the central executive body responsible for the formation and implementation of state policy in the electricity sector.

- services in the field of electricity market functioning, which include:

  • services to perform the functions of a universal service provider;
  • services to perform the functions of the supplier of last resort;
  • services to ensure the development of generating capacities;
  • services to ensure an increase in the share of electricity generation from alternative energy sources;
  • services to increase the efficiency of combined heat and power generation;
  • purchase of electricity produced at electricity facilities from alternative energy sources (and, in the case of hydropower, electricity produced only by micro, mini- and small hydroelectric power plants) at the feed-in tariff or auction price set by the electricity market operator, including a surcharge to it;
  • services for the implementation of technical measures and the development of technologies aimed at reducing pollutant emissions and related to the conversion of combustion plants;
  • services to ensure the availability of electricity for household consumers;
  • services to ensure the security of electricity supply by the Rules on Security of Electricity Supply approved by the central executive body responsible for the formation and implementation of state policy in the electricity sector.

- services in the field of natural gas market functioning, which include:

  • services for the sale of domestically produced natural gas (except for production and technological costs, volumes used for own needs related to the extraction, preparation for transportation and transportation of natural gas, as well as for the production of liquefied natural gas and stable gasoline) to form a natural gas resource for household consumers, religious organizations (except for volumes used for their production and commercial activities) and heat producers as part of heat production
  • services for the purchase of natural gas necessary to form a natural gas resource for household consumers, religious organizations (except for the volumes used for their production and commercial activities), and heat producers as part of heat production to provide heating and hot water services to the population and religious organizations from wholesalers, including abroad;
  • natural gas supply services to household consumers and religious organizations (except for the volumes used for their production and commercial activities);
  • services of the supplier of last resort;
  • transportation and storage services (injection, withdrawal) of natural gas.

- services in the field of housing and communal services, in particular:

  • district heating services, heat supply services;
  • centralized hot water supply services, hot water supply services;
  • centralized cold water supply services, centralized water supply services;
  • sewerage services (using in-building systems), centralized sewerage services;
  • household waste removal services, and household waste management services.

- services in the field of audiovisual media, which are services of general economic interest, in particular:

  • services for the creation and/or selection, organization, and dissemination of mass information aimed at meeting the democratic, informational, social, and cultural needs of Ukrainian society;
  • services for the creation and/or selection, organization, and distribution of mass information of audiovisual media in foreign languages aimed at meeting the democratic, informational, social, and cultural needs of Ukrainian society and objective informing foreign audiences about events in Ukraine and the world.

The admissibility of state aid is assessed when the compensation results in an advantage to the business entity, i.e. if at least one of the following conditions is not met:

- the business entity receiving the compensation must fulfill its obligations to provide services of general economic interest, which must be clearly defined by an agreement, regulatory (administrative), or other act, which must contain information on the

  • the content and duration of obligations to provide services of general economic interest;
  • the name of the business entity and, if necessary, the territory where it provides services of general economic interest;
  • a list of any exclusive or special rights that have been granted to the undertaking about services of general economic interest;
  • a mechanism for calculating, monitoring, and reviewing compensation;
  • measures to avoid and recover excessive compensation;

- the mechanism based on which the compensation is calculated is determined objectively and transparently in order to avoid granting an economic advantage to the entity compared to competing entities;

- the amount of compensation for expenses incurred in connection with the provision of services of general economic interest is not excessive, namely, does not exceed the amount necessary to cover all or part of the expenses incurred as a result of fulfilling obligations to provide such services, taking into account the relevant income and reasonable profit for their provision;

- the business entity providing services of general economic interest must be selected through an open tender procedure or any other competitive procedure provided for by law, which will allow the lowest price offer to be selected for the provision of such services. If such a procedure cannot be carried out, the level of compensation is determined based on the results of an analysis of the costs that a typical business entity would incur if it had all the necessary means to provide services of general economic interest, considering the relevant income and reasonable profit to fulfill the obligations.

 

On 5 January, the Cabinet of Ministers of Ukraine adopted Resolution №7 "On Amendments to the Procedure for Formation of Housing Funds for Temporary Accommodation, Accounting and Provision of Such Housing for Temporary Accommodation of Internally Displaced Persons". According to the amendments:

- a dwelling from the fund shall not be provided if the internally displaced person or any of his/her family members owns a dwelling/part of a dwelling suitable for living, with a size of at least 13.65 m2 per person, located in the territories not included in the list of territories where hostilities are (were) conducted or temporarily occupied by the russian federation, approved by the Ministry of Reintegration, or in the territories included in the said list, for which the date of completion of hostilities (termination of the possibility of hostilities) or temporary occupation has been determined;

- the absence of a housing fund at the time of their application cannot be a ground for refusal to register internally displaced persons as those in need of housing for temporary residence;

- in case of financing by local self-government bodies (military administrations of settlements - in case of their establishment) of the housing fund intended for temporary residence of internally displaced persons outside the territory within which they exercise their powers, or raising funds for this purpose, the relevant authorized body shall decide to provide internally displaced persons with housing from the fund formed at the expense of such funds, by agreements (contracts, memorandums, etc.) concluded between such bodies;

- updated the procedure for calculating points that determine the priority of providing internally displaced persons with housing from the fund, the grounds for deciding on early termination of the provision of housing from the fund, etc.

 

On 1 January, the NACP issued Order № 1/24 "On Amendments to the Procedure for Conducting a Full Verification of Declarations of a Person Authorised to Perform State or Local Government Functions", which updated the above-mentioned Procedure for Conducting Declaration Verification. Thus, now the full verification of declarations is carried out in respect of the objects of declaration not covered by the full verification of declarations of the relevant declarant for previous periods, unless the NACP has received new information about the object under verification or there are new sources of information that were not known or available to the NACP during the previous full verification.

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13.11.2024
How can the employer dismiss an employee?
Earlier, the U-LEAD with Europe Programme held an event for municipal officials on the legal aspects of the employer dismissing employees under martial law. The event brought together representatives of local self-government bodies to explain the legal framework and procedures for dismissal in detail.
#legislation
#lsg
#advice
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06.11.2024
Groundbreaking law on “transparent construction”: What should be made public and how to do so?
Following the amendments to the law on public procurement, in addition to the changes in the documentary forms, there is now also a requirement for the publication of estimates, as well as the format of this information and clear publication deadlines. At the info session “Transparent Construction: Legislative Updates”, U-LEAD experts explained what to make public after a public procurement in construction and the procedure to do so.
#legislation
#advice
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24.10.2024
What affects the land rent?
Oleksandr Prydatko, expert in the management of land and other natural resources at the U-LEAD with Europe Programme, explained how to adjust the amount of the rent under a land lease agreement and account for the factor of the regulatory monetary value of a land plot.
#municipal property
#legislation
#advice
#lsg
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22.10.2024
Publication of local council meeting video records: Tips for local government bodies
The U-LEAD experts explained to officials the algorithm of actions with restricted information during the publication of video recordings of plenary sessions of councils and meetings of permanent commissions under martial law, as well as the new requirements of the law on ensuring the transparency of local self-government and on the restrictions on access to public information provided by law.
#war
#lsg
#advice
#legislation
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15.10.2024
Local budgets 2025: features, priorities, prospects
The main insights into budget planning for municipalities for 2025: changes in the horizontal equalisation of local budgets, the return of medium-term budget planning and the reverse subsidy, as well as new types of interbudgetary transfers.
#local budgets
#finances
#advice
#legislation
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30.09.2024
Legal Corner. September 2024
A digest of all news on legislation in parts that may concern local self-government. This version is current as of 30.09.2024.
#legal corner
#legislation
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25.09.2024
Innovations in personnel management: Law on service in local government
U-LEAD experts explained the innovations of the Law of Ukraine No. 3077-IX "On Service in Local Self-Government Bodies" and why LGUs need to prepare for its implementation now.
#lsg
#legislation
#advice
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20.09.2024
How to reflect humanitarian aid in financial reporting?
U-LEAD experts Iryna Drozd and Tetiana Larikova explain what humanitarian aid is and what laws regulate its use.
#legislation
#advice
#finances
#volunteering
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31.08.2024
Legal Corner. August 2024
A digest of all news on legislation in parts that may concern local self-government. This version is current as of 31.08.2024.
#legal corner
#legislation
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05.09.2024
How to register ownerless property?
U-LEAD experts Iryna Drozd and Tetiana Larikova explain what unclaimed property is and what local self-government bodies should do when they discover and identify unclaimed property.
#legislation
#advice
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03.09.2024
Allocation of costs to general production and administrative
How to allocate costs for the enterprise? Experts of the "U-LEAD with Europe" program, Iryna Drozd and Tetyana Larikova, answer this question in detail.
#advice
#legislation
#finances
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29.08.2024
Municipalities are working on the strategic environmental assessment for policy documents
Strategic environmental assessment of documents is a tool for implementing environmental policies. The municipalities, together with U-LEAD experts, explored the relevant legal framework and considered the issues that arise during the SEA procedure.
#legislation
#advice
#environment
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22.08.2024
Cash assistance to employees of local self-government
Leave and summer holidays are usually associated with the payment of cash assistance. Experts of the U-LEAD with Europe Programme, Iryna Drozd and Tetiana Larikova, answer the question of how to tax these payments.
#advice
#legislation
#lsg
#finances
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22.08.2024
Looking out for the best interest of the child is the task of local self-government bodies
The experts of U-LEAD with Europe held an info session “Development of Alternative Formats of Family Upbringing in Municipalities” to present the powers of local self-government bodies in reforming the system of institutional care for children as well as other issues.
#lsg
#children
#legislation
#advice
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21.08.2024
Amendments to the Law “On Local Self-Government in Ukraine” entered into force
The use of the state language at plenary sessions of councils and meetings of deputy commissions, their video recording, storage and publication of the videos, as well as regular updates of open data regarding municipal property rights. To clarify key provisions of the Law, U-LEAD held a series of open information events.
#legislation
#advice
#news
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09.08.2024
Arranging the input and output of material assets ​​during the leave of the financially liable person
It’s vacation time, and U-LEAD experts Iryna Drozd and Tetiana Larikova advise on formalising liability for the institution’s material assets if the financially liable person is on leave.
#legislation
#advice
#lsg
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31.07.2024
Legal Corner. July 2024
A digest of all news on legislation in parts that may concern local self-government. This version is current as of 31.07.2024.
#legal corner
#legislation
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02.08.2024
Accounting of green plantings after initial recognition in budget institutions
Experts of the U-LEAD with Europe Programme, Iryna Drozd and Tetiana Larikova, continue to provide answers to urgent questions of employees of the accounting services of municipal budget institutions, including regarding the further accounting of green plantings after their initial recognition.
#legislation
#advice
#lsg
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30.06.2024
Legal Corner. June 2024
A digest of all news on legislation in parts that may concern local self-government. This version is current as of 30.06.2024.
#legal corner
#legislation
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05.07.2024
How to prevent conflict of interest in municipalities?
Employees of local self-government bodies exercising their powers may give rise to a conflict of interest. This most often occurs due to a lack of knowledge of the integrity policy legislation. U-LEAD organised an event to clarify the legal framework and its practical application.
#legislation
#lsg
#anti-corruption
#advice
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01.07.2024
U-LEAD and the Department of Inspection in the Zaporizhzhia Oblast talked about occupational health and safety
Municipal officials learned about the main aspects of the implementation of national employment policy under martial law: employment laws, occupational health and psychosocial assistance at the workplace.
#working issues
#legislation
#advice
#healthcare
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01.07.2024
Barrier-free environment in municipalities: from communication to universal design of spaces and services
The U-LEARN platform launched the support programme “Creating an Institution for Barrier-Free Access in Municipalities”. At the first seminar, U-LEAD experts talked about the basic principles and legal framework for creating a barrier-free environment in Ukraine.
#training programmes
#advice
#legislation
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27.06.2024
Initial accounting of green plantings in budget institutions
Experts of the U-LEAD with Europe Programme, Iryna Drozd and Tetiana Larikova, continue to offer their advice. This time, they gave a number of recommendations to budget institutions regarding the initial accounting of green plantings.
#legislation
#advice
#lsg
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26.06.2024
The Donetsk Oblast figures out how to keep military records
U-LEAD experts continue to clarify the powers of local self-government bodies under martial law. Together with the municipalities of the Donetsk Oblast, they analysed the specifics of the implementation of the military record-keeping system, the deadlines for entering employees into the lists and the persons responsible.
#war
#lsg
#advice
#legislation
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25.06.2024
Specifics of inventory accounting and valuation
U-LEAD experts Iryna Drozd and Tetiana Larikova continue to provide advisory support. This time they responded to a number of questions on inventory accounting and valuation in budgetary institutions.
#advice
#legislation
#finances
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19.06.2024
The Kushuhum municipality set up a volunteer fire brigade in 23 hours
Organising local fire and rescue units is a task of local self-government. U-LEAD introduced local self-government officials to the theory and practice of establishing a local fire department.
#volunteer fire brigades
#legislation
#advice
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19.06.2024
Draft and military records: U-LEAD experts explained the powers and responsibilities of the local self-government officials to them
Defence and daft efforts, as well as keeping military records of citizens, fall under the scope of competence of state and local self-government bodies. Given the changes to the legislation and the extension of martial law in Ukraine, the role of local self-government in these processes is becoming increasingly important.
#war
#legislation
#lsg
#advice
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18.06.2024
U-LEAD experts presented IPARD-III support directions to the local self-government official
This programme enables candidate countries for EU membership to prepare for the implementation of the Common Agricultural Policy. The support covers the development of rural areas and the sustainable agricultural sector.
#development strategy
#legislation
#lsg
#advice
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17.06.2024
The Petrove municipality has changed its approach to working with abandoned property
Its experts who joined U-LEAD’s Support Programme have developed packages of documents and step-by-step procedures for identifying, accounting of abandoned property and bringing it under municipal property.
#accomodation
#lsg
#training programmes
#legislation
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12.06.2024
Village club 2.0 or creative space: establishing a cultural services centre in a municipality
The reform of the cultural sector is among the least visible in wartime. Its key stage is currently underway, reforming the basic network of cultural institutions at the municipal level and forming cultural service centres. U-LEAD experts and representatives of the Ministry of Culture and Information Policy explain what difficulties municipalities face and how to overcome them.
#lsg
#legislation
#advice
#culture
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07.06.2024
Municipalities can create institutions to provide primary legal aid for free
Local self-government bodies provide their residents with a wide range of administrative, social and other services. Free primary legal aid is also part of their mandate.
#legislation
#advice
#lsg
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07.06.2024
Recommendations to municipal institutions: accounting of fixed assets
U-LEAD experts Iryna Drozd and Tetiana Larikova continue to provide consulting support. This time, they discussed the net book value of fixed assets, periods of useful life and accounting of land plots.
#advice
#legislation
#finances
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06.06.2024
How to organise accounting in municipal budgetary?
U-LEAD experts clarify cases that require the creation of a centralised accounting service and how it should be better organised, as well as explain the duties of administrators of budget funds.
#advice
#legislation
#finances
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31.05.2024
Legal Corner. May 2024
A digest of all news on legislation in parts that may concern local self-government. This version is current as of 31.05.2024.
#legal corner
#legislation
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05.06.2024
Taxing hospitality: who, where and how should control the tourist tax
According to municipal officials, the tourist tax is yet to become a development tax. U-LEAD experts held discussions to work out under what conditions the tourism industry would generate income and municipalities would reach their full potential.
#tourism
#legislation
#advice
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29.05.2024
How can municipalities ensure the resilience of their critical infrastructure?
U-LEAD experts explained what plans and programmes municipalities should have on the resilience of critical infrastructure and civil defence, and how to oversee their compliance.
#war
#energy security
#legislation
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24.05.2024
State GeoCadastre clarified the state land relations policy to the municipalities of the Rivne Oblast
U-LEAD continues the practice of cooperating with state institutions to provide municipalities with clarifications on new bills and amendments to the legislation. This time, experts of the State GeoCadastre discussed land management with the municipalities of the Rivne Oblast.
#land lease
#legislation
#lsg
#land reform
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23.05.2024
Mine action of local self-government: securing, informing, promoting humanitarian demining
Since the outset of the full-scale invasion of Ukraine, almost 28,500 civilians have been injured from landmines and explosive ordnance. Pursuant to Article 38 of the Law of Ukraine “On Mine Action”, the actions or inaction of local self-government bodies may be challenged in court as prescribed by law. What are the powers and duties of local self-government regarding mine action? How can municipalities protect their children and adults? Read more below.
#war
#lsg
#legislation
#advice
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23.05.2024
Procedure and grounds for the local self-government to contract volunteers
For municipalities, volunteering is still both a new and critical direction. That is why U-LEAD keeps organising relevant events for local self-government officials and inviting experts to provide clarifications.
#volunteering
#lsg
#advice
#legislation
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21.05.2024
What is regulated by the Law “On Access to Public Information” for local self-government bodies
Public information and free access to it are among the fundamental principles of a democratic society and European approaches to relations between the authorities and the public. However, not all information available to the local self-government is open. And public information does not always mean open. Read more about the difference in our article.
#public information
#legislation
#advice
#lsg
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17.05.2024
The Vyhoda municipality has developed a Municipal Energy Plan
Municipal officials worked for 6 months under the expert support of U-LEAD as part of the Experience Sharing Network “Development of Municipal Energy Plans”.
#energy security
#legislation
#training programmes
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16.05.2024
Passing inspections in wartime
Revision, audit and monitoring of procurements: representatives of the municipalities of the Zaporizhzhia Oblast learned how to smoothly pass inspections by regulatory bodies.
#lsg
#legislation
#advice
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10.05.2024
Safety Commissions: creation and operation
To ensure an adequate level of civil protection, municipalities create special Commissions on Technogenic and Environmental Safety and Emergency Response. U-LEAD experts provided clarification on the creation of the Commissions, explored their main powers and analysed their financing mechanisms.
#safety in municipality
#advice
#lsg
#legislation
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30.04.2024
Use of property of non-working educational institutions in rural areas: what do you need to know?
If the property of a non-working general secondary education institution cannot be used for the needs of education, social protection, culture, sports or health care, municipalities have the opportunity to use it for other needs. Such actions are provided for by law, but subject to compliance with a number of conditions
#war
#education
#legislation
#municipal property
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22.04.2024
New Training program: "Development of the Statute of the Municipality"
Do you want to normalize relations with the public and strengthen interaction with citizens? Do you have to regulate the tools of local democracy at the local level? Do you want to openly, transparently and effectively involve citizens in decision-making at the local level? Join the training program from "U-LEAD with Europe"!
#training programmes
#legislation
#lsg
#announcements
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17.04.2024
Provide support and assistance: Local self-government authorities to implement veteran policy
Developing a comprehensive approach to support veterans and their families, creating a high-quality veteran policy, as well as arranging systematic work to provide services to veterans and their families at the appropriate level are the tasks that require significant human, financial and organisational resources from local self-government bodies. U-LEAD experts explained how to effectively implement this policy in the municipality.
#war
#lsg
#legislation
#advice
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11.04.2024
The Fastiv municipality, Kyiv Oblast, introduces the one-stop shop for veterans
The status of a veteran should be stigmatised or associated with a bunch of issues that no one knows how to solve. Rather, it is an honourable status that means respectful treatment and real support. Almost every municipality in Ukraine is now undergoing the evolution from the first to the second, dignified approach. The municipality of Fastiv has come far, from volunteer initiatives to comprehensive changes in veterans’ policies.
#war
#lsg
#legislation
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31.03.2024
Legal Corner. March 2024
A digest of all news on legislation in parts that may concern local self-government. This version is current as of 31.03.2024.
#legislation
#legal corner
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29.03.2024
Children and war: How can municipalities ensure proper care and protection?
U-LEAD experts have systematised information on the powers of local self-government bodies in the field of protection of children’s rights and talked about the main functions of the guardianship and custodianship body under martial law.
#war
#safety
#legislation
#internally displaced persons
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28.03.2024
Understanding the legal basis for volunteer involvement to be of great importance to municipalities
For local self-government officials, the U-LEAD Programme organised an information session on the peculiarities of volunteer involvement, terms and details of concluding agreements on volunteer activities, mechanisms for reimbursement of volunteers’ expenses, issuance of volunteer certificates and useful tips on volunteer accounting.
#volunteering
#lsg
#legislation
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21.03.2024
Why local authorities should support rural development: EU legislation and best practices
Rural areas make up more than 70% of the entire area of Ukraine. Their prosperity and development should be a priority for local authorities. One of the Wednesdays with U-LEAD events covered rural development standards in effect in the European Union and how local authorities and the state can benefit from them.
#advice
#legislation
#lsg
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20.03.2024
Voluntary civil defence units as an effective security tool
In the context of martial law, the local self-governments seek new opportunities to improve security. It is possible for municipalities to create VCDUs to assist other services. U-LEAD experts explain the way to do this.
#volunteering
#lsg
#advice
#legislation
#safety
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14.03.2024
Changes in the Medical Guarantee Programme and how to use them for the benefit of patients and hospitals
U-LEAD experts told the participants of the info session about the expansion of the Medical Guarantee Programme and changes in the financing of services, the inspection of healthcare facilities by the National Health Service and the improvement of services for patients.
#healthcare
#advice
#legislation
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05.03.2024
Changes in the legislation on humanitarian aid: who is affected and how to proceed?
U-LEAD experts informed representatives of local self-government about important changes in the legislation regarding humanitarian and charitable aid, its import, accounting and use.
#legislation
#advice
#war
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29.02.2024
Legal Corner. February 2024
A digest of all news on legislation in parts that may concern local self-government. This version is current as of 29.02.2024.
#legal corner
#legislation
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01.03.2024
Cessation of ownership of destroyed municipal property: U-LEAD explains the procedure
Since the beginning of the full-scale Russian aggression, a lot of the Ukrainian municipalities have suffered from the destruction, so the issue of the cessation of ownership of the destroyed municipal property is an urgent one. The various events of the U-LEAD with Europe programme for specialists in local self-government have been devoted to this issue, with the clarification of the algorithms of action in specific cases.
#war
#lsg
#legislation
#reconstruction
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01.03.2024
Filing declarations for employees of local self-government in 2024: deadlines, requirements and clarification
The declaration campaign for the 2023 reporting period is open until 31 March 2024. Income declarations must be submitted by local government employees, members of local councils and other declaration filers.
#legislation
#lsg
#advice
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29.02.2024
Recording destruction and damage of property: Algorithm of actions for local self-government bodies
The enemy keeps launching rocket attacks and shelling the territories of the municipalities, causing a lot of destruction and damage to the infrastructure and to the private property. Full recovery requires not only funds, but also a specific recording process, with local self-government bodies playing a key role. Learn more about the algorithm of actions for recording destruction and its peculiarities in the commentary of the U-LEAD expert.
#war
#lsg
#legislation
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29.02.2024
Hospital CEO appointment: from competition announcement to contract signing
The U-LEAD experts explained to the representatives of municipalities the algorithm of holding a competition for the position of the healthcare facility CEO and clarified the issue of part-time work and competition procedures during the martial law period.
#healthcare
#legislation
#advice
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19.02.2024
Local self-government employees must declare property located in the temporarily occupied territories
According to the updated Clarifications of the National Agency on Corruption Prevention, the declaration filer must include in the declaration information about any real estate belonging to them and their family members, including any real estate located in the temporarily occupied territories.
#legislation
#advice
#lsg
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31.12.2023
Legal Corner. December 2023
A digest of all news on legislation in parts that may concern local self-government. This version is current as of 31.12.2023.
#legislation
#legal corner
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19.12.2023
Paid social services: Who should pay, what services are provided on a paid basis and how much do they cost?
Since 2020, the provision of social services has been transferred to the municipal level. Reasonably, the question of funds for payment of these services for certain categories of recipients arose. U-LEAD experts clarified the cases when social services may be provided on a paid basis and how their differentiated fees are calculated.
#legislation
#analytics
#social services
#advice
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15.12.2023
Despite the war, decisions on local budgets for 2024 are subject to mandatory publication!
What must be made public in terms of budget documents under martial law? When and where should the decision on the budget 2024 be made public? What to do if the municipality has lost access to its Internet resources, what are the alternative information platforms for publishing the decision?
#finances
#advice
#legislation
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29.11.2023
New requirements for providing bomb shelters in municipalities: clarification of U-LEAD experts
New requirements for providing bomb shelters came into force on the 1st of November. How will these innovations affect their reconstruction and overhaul? What additional restrictions should local self-government bodies keep in mind when equipping protective facilities from now on?
#legislation
#war
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28.11.2023
Expert: Municipalities can allocate the free balance of the budget only to certain directions
The President of Ukraine signed Law No. 3428-IX “On Amendments to Section VI of the Budget Code of Ukraine on Ensuring the Support of the State’s Defence Capabilities and the Development of the Defence and Industrial Complex of Ukraine” dated 8 November 2023. This Law lists directions for the municipalities to allocate free local budget balances under martial law.
#legislation
#local budgets
#advice
#news
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27.11.2023
Аnti-corruption legislation: What has changed for local self-government bodies?
On clarification of changes for local self-government bodies with the entry into force of Law of Ukraine No. 3384-ІХ “On Amendments to Certain Laws of Ukraine on Defining the Procedure for Submission of Declarations by Persons Authorised to Perform State or Local Self-Government Functions under Martial Law”.
#legislation
#anti-corruption
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30.11.2023
Legal Corner. November 2023
A digest of all news on legislation in parts that may concern local self-government. This version is current as of 30.11.2023.
#legal corner
#legislation
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17.11.2023
Decolonisation of toponyms: To be implemented by municipalities by January 2024
How exactly should local self-government bodies implement the Law of Ukraine “On Condemnation and Prohibition of Propaganda of Russian Imperial Policy in Ukraine and Decolonisation of Toponymy”.
#derussification
#news
#legislation
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31.10.2023
Legal Corner. October 2023
A digest of all news on legislation in parts that may concern local self-government. This version is current as of 31.10.2023.
#legislation
#legal corner
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29.09.2023
Legal Corner. September 2023
A digest of all news on legislation in parts that may concern local self-government. This version is current as of 30.09.2023.
#legal corner
#legislation
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29.09.2023
Teacher appraisals: details of the procedure
How exactly to carry out the appraisals of teaching staff in 2023/2024? What are the procedures for the scheduled appraisal as well as extraordinary appraisals initiated by the employee/manager? U-LEAD’s expert answers these questions.
#advice
#legislation
#education
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27.09.2023
Dismissal from the local self-government bodies under martial law
U-LEAD adviser clarifies the powers of employers, the rights of employees and the general provisions under which employment can be terminated in local self-government bodies.
#working issues
#legislation
#advice
#lsg
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05.09.2023
Lakes and ponds, waterworks, aquaculture: How to manage "water resources" for municipalities
The participants of the "Coffee with Experts" discussion, hosted by the U-LEAD with Europe Regional Office in Odesa Oblast, learned about the management, and history of local water resources and the reform process in this area.
#news
#legislation
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05.09.2023
Infographics: Developing recovery plans
U-LEAD experts analysed the legislation and made infographics to show you the stages and timelines of recovery plans, the components of these plans and who develops them.
#recovery
#legislation
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28.08.2023
Municipalities and U-LEAD experts analyzed the innovations in legislation in the field of water resources management
During the event in the Coffee with Experts format, the municipalities of the Poltava, Kharkiv and Cherkasy Oblasts spoke with U-LEAD experts on Spatial Planning and Natural Resource Management about the updates in the water resources management legislation and approaches to water resources management.
#news
#legislation
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25.08.2023
Can the municipality finance the needs of the military at the expense of local budgets? U-LEAD clarifies
At the event for Cherkasy municipalities, a hot topic was discussed: solving financial issues under martial law. The participants familiarized themselves with changes in the legislation in the spheres of financial and budgetary relations of the local government, worked out urgent issues of the implementation of the powers of the local government and discussed the powers to finance the needs of the military at the expense of local budgets.
#finances
#war
#advice
#legislation
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11.08.2023
An employee of a local self-government body is a blood donor: how not to violate their rights?
U-LEAD experts provided clarification on donor guarantees to employees of local self-government bodies who voluntarily donate blood and its components. These include an additional day of rest and leave on the day of examination and donation. What to do if the employee must be present at the workplace on the day of blood donation?
#legislation
#lsg
#advice
#healthcare
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31.07.2023
Legal Corner. July 2023
A digest of all news on legislation in parts that may concern local self-government. This information is constantly updated. This version is current as of 31.07.2023.
#legal corner
#legislation
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26.07.2023
The Law No. 3050: Expert explains changes for local self-government bodies/military administrations on setting individual tax exemptions
The Law No. 3050 "On Amendments to the Tax Code of Ukraine and Other Legislative Acts of Ukraine on Exemption from Environmental Tax, Land Payment and Real Estate Tax Other Than a Land Plot for Destroyed or Damaged Real Estate" has recently come into force. What impact does it have on local self-government bodies and what are the new powers of municipalities?
#legislation
#environment
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14.07.2023
On the simplified procedure for local taxes and fees for the period of martial law
The participants of the information session, held by U-LEAD in partnership with the Southern Interregional Department of the State Regulatory Service of Ukraine, learned about the peculiarities of regulatory policy during the war, the possibility for local councils to adopt acts under a simplified procedure, as well as the pitfalls of such indulgences.
#finances
#war
#advice
#legislation
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11.07.2023
Things to know about archives and the document nomenclature in 2023
The participants of the information session, held by U-LEAD in partnership with the State Archives of Mykolaiv Oblast, learned about the peculiarities of archival affairs and record keeping in municipalities.
#advice
#legislation
#lsg
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11.07.2023
U-LEAD helps municipalities to understand public procurement for budget funds
Read our material about public procurement for budget funds, authorised persons and municipalities' work with experts from the Institute for Budgetary and Socio-Economic Research (IBSER).
#local budgets
#advice
#legislation
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30.06.2023
Legal Corner. June 2023
A digest of all news on legislation in parts that may concern local self-government. This information is constantly updated. This version is current as of 30.06.2023.
#legal corner
#legislation
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04.07.2023
The Law “On Waste Management” enters into force
U-LEAD experts offer you an infographic dedicated to the related changes, requirements and responsibilities of local governments.
#legislation
#news
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04.07.2023
How to deal if a local government employee stayed in the temporarily occupied territory and was forced to obtain a Russian passport?
U-LEAD experts provided explanations on personnel issues related to the work of local self-government under occupation.
#war
#legislation
#advice
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21.06.2023
U-LEAD with Europe jointly with tax authorities explains peculiarities of taxes and fees payment under martial law to municipalities of Kharkiv Oblast
During the joint information session, the U-LEAD with Europe Regional Office and the Main Department of the State Tax Service in Kharkiv Oblast discussed changes to the tax legislation under martial law and the ability of local self-government representatives to ensure the flow of their own resources to local budgets.
#war
#legislation
#finances
#local budgets
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21.06.2023
What annual leave can a local self-government employee expect in 2023?
Participants of the U-LEAD information session learned about the rules for granting annual leave under martial law, restrictions, refusals, compensation and legislative regulation of this process. You can also find out!
#lsg
#legislation
#advice
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14.06.2023
Role of Regional Departments of Health at the current stage of medical reform
Read our experts’ analytical article to find out more about the competencies, duties, functions, past and future of the Regional Departments of Health.
#health care
#legislation
#advice
#analytics
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31.05.2023
Legal Corner. May 2023
A digest of all news on legislation in parts that may concern local self-government. This information is constantly updated. This version is current as of 31.05.2023.
#legal corner
#legislation
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30.05.2023
Expert: Despite the war, municipalities must release public information as per the laws
Read more to learn about the balance between transparency and security, requirements for local self-government to release information under martial law and the use of the “three-fold test” in this process, as well as how the municipalities can determine whether to restrict access to the information.
#advice
#legislation
#war
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19.05.2023
Practical advice for employers when using e-services of the Pension Fund of Ukraine
U-LEAD with Europe held an info session where the participants learned about the innovations of the e-services of the Pension Fund of Ukraine and the features of the e-sick leave service, learned about typical errors when filling out e-documents and clarified how to settle sick leave.
#advice
#legislation
#news
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30.04.2023
Legal Corner. April 2023
A digest of all news on legislation in parts that may concern local self-government. This information is constantly updated. This version is current as of 30.04.2023.
#legislation
#legal corner
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12.04.2023
Introduction of the minimum tax liability will increase revenues to municipal budgets
U-LEAD adviser explains how the new Law No. 1914 affects the Tax Code, changes for agricultural land tenants and how to pay the minimum tax liability correctly.
#news
#legislation
#advice
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06.04.2023
Accounting for humanitarian aid in relocated municipalities
Ihor Ahibalov talks about the lack of a legal framework and regulations to be followed when receiving and distributing humanitarian aid.
#legislation
#advice
#international support
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27.03.2023
New law gave municipalities additional tools for fire brigades
U-LEAD presents the changes in legislation and explains their significance.
#news
#legislation
#volunteer fire brigades
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27.03.2023
Legal Corner. March 2023
A digest of all news on legislation in parts that may concern local self-government. This information is constantly updated. This version is current as of 27.03.2023.
#legislation
#legal corner
#digest
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16.03.2023
Protecting workers and preventing fines
These are the tasks set by the State Labour Service for municipalities in March.
#legislation
#advice
#business
#enterpreneurship
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14.03.2023
Certification of local self-government officials under martial law
U-LEAD experts discussed its procedure.
#war
#advice
#legislation
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09.03.2023
How does martial law affect access to public information? U-LEAD experts explain
Since the outset of the full-scale invasion, information security, protection of personal data and counteracting misinformation in the municipalities have become critical challenges for local self-government.
#war
#public information
#legislation
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28.02.2023
Legal Corner. February 2023
A digest of all news on legislation in parts that may concern local self-government. This information is constantly updated. This version is current as of 28.02.2023.
#legal corner
#legislation
#digest
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28.02.2023
Prohibition or permission to travel abroad. Who in the municipalities is affected by the new Law?
The Government has amended the rules for crossing the border, introducing a number of restrictions that also affect local self-government.
#legislation
#news
#war
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27.02.2023
About territories where you can not pay some types of taxes - a conversation with experts in the Kharkiv oblast
The regional office of the Programme, together with the Main Department of the State Tax Service in the Kharkiv oblast, organised an information session for more than 40 municipalities.
#legislation
#finances
#news
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16.02.2023
U-LEAD experts in partnership with the State Tax Service explain legislative innovations to municipalities
The U-LEAD with Europe Programme works together with partners to improve the tax culture of the population and the businesses community.
#legislation
#finances
#news
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16.02.2023
U-LEAD experts explained to municipalities the procedure for allocating land shares under martial law
The procedure for allocating land shares became a topic for discussion at Coffee with Experts, an event held by the Regional Office of U-LEAD with Europe in the Zaporizhzhia oblast.
#land lease
#news
#legislation
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01.02.2023
Legislative support: municipalities can establish local and volunteer fire brigades
Read more to learn about the latest changes in legislation, organisation and support of local fire and rescue units.
#volunteer fire brigades
#news
#legislation
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26.01.2023
The importance of a Law on Administrative Procedure for citizens in general and for local self-government in particular, based on the German example
Interview with Ms. Manuela Söller-Winkler, State Secretary retd., International Expert of U-LEAD with Europe
#legislation
#reform of the local self-government
#germany
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31.01.2023
Legal Corner. January 2023
A digest of all news on legislation in parts that may concern local self-government. This information is constantly updated. This version is current as of 31.01.2023.
#legislation
#legal corner
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31.12.2022
Legal Corner. December 2022
A digest of all news on legislation in parts that may concern local self-government. This information is constantly updated. This version is current as of 31.12.2022.
#legislation
#legal corner
#digest
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30.11.2022
Legal Corner. November 2022
A digest of all news on legislation in parts that may concern local self-government. This information is constantly updated. This version is current as of 30.11.2022.
#digest
#legal corner
#legislation
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31.10.2022
Legal Corner. October 2022
A digest of all news on legislation in parts that may concern local self-government. This information is constantly updated. This version is current as of 31/10/2022.
#digest
#legislation
#legal corner
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