You are reading Legal Corner for December 2024. If you are looking for legal updates from November 2024, follow this link.

On 5 December, the Law of Ukraine № 4080-IX “On amendments to certain laws of Ukraine on additional measures related to the provision of housing for internally displaced persons” of 20 November 2024 was officially promulgated. This Law of Ukraine provides for the launch of an information and analytical system to improve the accounting of real estate and provide housing for internally displaced persons (IDPs). This system automates the process of collecting, accumulating, processing and publishing information on state, municipal and private (with the consent of the owners) property that is used or can be used or reconstructed or re-equipped for the accommodation of IDPs. This Law shall enter into force on 5 March 2025.

On 1 December, the Law of Ukraine № 4015-IX “On amendments to the Tax Code of Ukraine and other laws of Ukraine on ensuring the balance of budget revenues during the period of martial law” of 10 October 2024 came into force. The Law increases the rate of military duty for taxation of income of individual taxpayers from 1.5% to 5% and introduces the payment of military duty for individual entrepreneurs from 1 December 2024.

On 19 December 2024, the VRU adopted the Law of Ukraine № 4174-IX “On amendments to certain legislative acts of Ukraine on certain issues of disclosure of bank secrecy and measures to establish guardianship of property of an individual declared missing or a person missing in special circumstances”. According to the amendments, notaries are now entitled to make an inventory of the property of a person declared missing or missing under special circumstances, as well as to appoint a guardian over such property, until a court decides to declare such a person missing. Thus, the family members of the missing person will be able to legally take care of the property of the person missing under special circumstances until his or her return.

The Law also expands the list of grounds for disclosure of information constituting bank secrecy. Therefore, disclosure of bank secrecy will henceforth be carried out upon a request submitted to banking institutions by the following parties:

• notaries, officials of local self-government bodies authorised to perform notarial acts, and consular offices (for such persons to perform notarial acts to take measures to protect inherited property, to issue certificates of inheritance, ownership of a share in the marital property on the basis of a joint application or in the event of the death of one of the spouses);
• notaries to take measures to establish guardianship over the property of an individual declared missing or a person who went missing under special circumstances in relation to the availability of accounts (deposits)/e-wallets of such persons.

On 19 December 2024, the VRU adopted the Law of Ukraine № 4173-IX “On amendments to the Law of Ukraine "On the judiciary and the status of judges’ and certain other legislative acts of Ukraine on improving the adoption and promulgation of court decisions”. The amendments abolish the provisions on the ‘deliberation room’ in civil, commercial and administrative proceedings, while replacing the institution of ‘secrecy of the deliberation room’ with the institution of ‘secrecy of court decision-making’. When delivering a court decision, judges are prohibited from discussing the circumstances and materials of the case, the application of the law and case law in the case, as well as the content of the court decision with persons other than the court hearing the case. No judge may abstain from voting and signing a court decision. This Law will come into force on 8 February 2025.

On 18 December 2024, the VRU adopted the Law of Ukraine № 4154-IX “On amendments to certain legislative acts of Ukraine on updating the national programme for the development of the mineral resources base of Ukraine for the period up to 2030 and regulation of certain issues regarding minerals and components of strategic and critical importance”. This Law was adopted to fulfil the obligations set out in the Ukraine Plan to improve the legal regulation of relations in the extraction of minerals and components of strategic importance. The Law amends the Subsoil Code of Ukraine by introducing special procedures for obtaining the right to use subsoil areas (deposits) of strategic and critical minerals and expanding the requirements for persons who may acquire such a right.

On 18 December 2024, the VRU adopted the Law of Ukraine № 4158-IX “On amendments to certain legislative acts of Ukraine on compulsory state social insurance”. This Law of Ukraine entitles insured persons to receive temporary disability benefits (including care for a sick child) and maternity benefits not only at their main place of work, but also at a part-time job. For insured persons in respect of whom the insurer has not fulfilled its obligations to accrue and pay insurance claims for insured events due to the inability to establish their location and/or due to force majeure during the period of martial law or a state of emergency, insurance claims will be paid upon application to the authorised management body and will be paid at the place of residence/stay of the insured person in accordance with the procedure established by the Cabinet of Ministers of Ukraine.

On 18 December 2024, Law of Ukraine № 3914-IX ‘On amendments to Article 15 “Final and Transitional Provisions” of the Law of Ukraine ‘On humanitarian aid’ regarding the expansion of the list of recipients of humanitarian aid for the period of martial law” of 21 August 2024 came into force. This Law has expanded the range of recipients and/or acquirers of humanitarian aid to ensure the provision of utility services to consumers. From now on, they can be business entities (regardless of ownership) that provide utilities and are operators of critical infrastructure facilities that need to immediately restore the functioning and/or ensure stable provision of utilities to consumers. The right to receive such aid is granted exclusively for the period of martial law and for 12 months from the date of its termination or cancellation.

On 19 December 2024, the VRU adopted Resolution № 4166-IX “On the report of the Temporary Special Commission of the Verkhovna Rada of Ukraine on the use of the state budget of Ukraine allocated for the construction of fortifications and engineering barriers on the contact line, as well as for the production and procurement of unmanned aerial vehicles and electronic warfare equipment for military units and subdivisions of the Armed Forces of Ukraine and other military formations formed in accordance with the Laws of Ukraine, on the work performed”. This Resolution approved the above-mentioned report, made it public and sent it to law enforcement agencies, and completed the work of the Commission.

On 27 December 2024, the President of Ukraine issued Decree № 883/2024 “On the Day of Interethnic Harmony and Cultural Diversity”. This annual celebration on 21 May was launched to strengthen the unity and harmony of the Ukrainian people and their national and civic identity, promote the free development of cultural diversity of indigenous peoples and national minorities, and show respect for their contribution to the defence of state sovereignty and independence and the armed struggle against the aggressor state.

On 31 December 2024, the CMU adopted Resolution № 1558 “On amendments to certain resolutions of the Cabinet of Ministers of Ukraine on certain issues of military registration and conscription of citizens during mobilisation”. This Resolution amended the following acts: “Regulations on Territorial Recruitment and Social Support Centres”, approved by CMU Resolution No. 154 of 23 February 2022; the “Procedure for organising and maintaining military records of conscripts, persons liable for military service and reservists”, approved by CMU Resolution No. 1487 of 30 December 2022; the “Procedure for the registration (creation) and issuance of a military registration document for conscripts, persons liable for military service and reservists”, approved by CMU Resolution No. 559 of 16 May 2024; the “Procedure for conscription of citizens for military service during mobilisation and for a special period”, approved by CMU Resolution No. 560 of 16 May 2024.

On 31 December 2024, the CMU adopted Resolution № 1557 "On amendments to certain resolutions of the Cabinet of Ministers of Ukraine on the development of urban planning documentation at the local level". This Resolution amended the following Government acts: the “Procedure for holding public hearings on draft urban planning documents at the local level”, approved by CMU Resolution No. 555 of 25 May 2011; the “Procedure for maintaining the state land cadastre”, approved by CMU Resolution No. 1051 dated 17 October 2012 (Annex 6 ‘List of restrictions on the use of land and land plots’ and Annex 60 ‘Classifier of types of functional designation of territories and their correlation with types of land plots’ were revised); CMU Resolution No. 632 “On determining the format of electronic documents of the comprehensive plan for the spatial development of the territory of the territorial community, the master plan of the settlement, and the detailed plan of the territory” of 9 June 2021; “Procedure for the development, updating, amendment and approval of urban planning documentation”, approved by CMU Resolution No. 926 of 1 September 2021 (as amended); and the “Procedure for maintaining the urban planning cadastre at the state level during the implementation of the pilot project for the implementation of the urban planning cadastre at the state level”, approved by CMU Resolution No. 909 of 9 August 2024.

On 31 December 2024, the CMU adopted Resolution № 1554 “Some issues of granting a subvention from the state budget to local budgets for the implementation of the public investment project to ensure high-quality, modern and affordable general secondary education ‘New Ukrainian School’ in 2025”. This Resolution approved the Procedure and Conditions for providing the above subvention and distributed almost UAH 1.77 billion among the budgets of individual municipalities from all regions of Ukraine.

On 31 December 2024, the CMU adopted Resolution № № 1553 “On amendments to the Resolution of the Cabinet of Ministers of Ukraine No. 389 dated 4 June 2015 ‘On approval of the Procedure for granting benefits to certain categories of citizens taking into account the average monthly total family income’”. This Resolution defines the list of categories of persons who in 2025 will be granted the benefit provided for in paragraph 5 of part 5 of Article 6 of the Law of Ukraine “On rehabilitation of victims of repressions of the communist totalitarian regime of 1917-1991” (i.e. a 50% reduction in the payment for housing and utilities) only if the amount of the average monthly total family income per person for the previous 6 months does not exceed the amount of income that gives the right to a tax social benefit.

On 31 December 2024, the CMU adopted Resolution № 1544 “Some issues of providing state support to internally displaced persons”. This Resolution sets out, in a new wording, the Procedure for compensation of expenses for temporary accommodation (stay) of internally displaced persons (IDPs), the form of notification of free accommodation of IDPs and the form of application for compensation by the person who accommodated them.

On 31 December 2024, the CMU adopted Resolution № 1546 “Some issues of functioning of the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Organisations”. This Resolution introduced special rules for state registration of changes in information on the location of an individual entrepreneur and termination of an individual entrepreneur's business activity in the context of temporary restrictions on access to the aforementioned Unified State Register.

On 31 December 2024, the CMU adopted Resolution № 1543 “On Amendments to certain resolutions of the Cabinet of Ministers of Ukraine on the digital development of social support provision”. This Resolution amended the following acts: “Regulations on the Centralised Data Bank on Disability”, approved by CMU Resolution No. 121 of 16 February 2011; CMU Resolution No. 321 “On approval of the procedure for provision of assistive rehabilitation equipment (technical and other rehabilitation facilities) to persons with disabilities, children with disabilities and other certain categories of population and payment of financial compensation for self-purchased assistive rehabilitation equipment, and their list” of 5 April 2012; and “Regulation on the Unified Information System of the Social Sphere”, approved by CMU Resolution No. 404 of 14 April 2021.

On 30 December 2024, the CMU adopted Resolution № 1548 “On amendments to Resolution of the Cabinet of Ministers of Ukraine No. 120 of 16 February 2022 ‘On approval of the Procedure and Conditions for granting subventions from the state budget to local budgets for the purchase of equipment, creation and modernisation (reconstruction and overhaul) of canteens (catering units) of general secondary education institutions’”. This Resolution sets out, in a new wording, the Procedure and Conditions for granting such subventions for educational institutions, including military (naval, military sports) lyceums, and lyceums with enhanced military and physical training.

On 30 December 2024, the CMU adopted Resolution № 1547 “On amendments to the Resolution of the Cabinet of Ministers of Ukraine No. 419 dated 28 April 2023 ‘Some issues of providing subventions from the state budget to local budgets for the arrangement of safe conditions in institutions providing general secondary education’”. This Resolution sets out, in a new wording, the Procedure and Conditions for granting such subventions for the same categories of education institutions as Resolution № 1548.

On 30 December 2024, the CMU adopted Resolution № 1530 “On approval of the procedure and conditions for granting subventions from the state budget to local budgets for the implementation of a public investment project for the arrangement of safe conditions in institutions providing general secondary education (fire  protection), in particular military (naval, military sports) lyceums, lyceums with enhanced military and physical training”. This Resolution approves the above-mentioned Procedure and Conditions, which define the mechanism for granting and using subventions for the same categories of education institutions as Resolution № 1548.

On 27 December 2024, the CMU adopted Resolution № 1528 “On approval of the Procedure for establishing a prohibition on the sale of alcoholic beverages and alcohol-based substances by regional state administrations (regional military administrations) during a certain period of time during the period of martial law”. Local self-government bodies (military administrations of settlements, if established) in the respective territory shall inform the population, and business entities engaged in the sale of alcoholic beverages and alcohol-based substances, about the prohibition by publishing relevant information on their official website and through the media.

On 27 December 2024, the CMU adopted Resolution № 1524 “Certain issues of payment of supplemental payments to non-working pensioners permanently residing in the unconditional (mandatory) resettlement zone and the guaranteed voluntary resettlement zone in 2025 for the period of martial law in Ukraine”. In 2025, the Pension Fund of Ukraine shall establish the fact of residence in these zones for the purpose of establishing, extending or terminating the additional payments provided for in Article 45 of the Law of Ukraine “On the state budget of Ukraine for 2025” - in the absence of relevant information in the Unified State Demographic Register, the Territorial Community Register and other state registers - in the following circumstances: the person has been granted the status of a person affected by the Chornobyl disaster; the Unified State Demographic Register or the information system of the State Migration Service does not contain information on the change of residence of such a person in the period after 1 January 1993.

On 27 December 2024, the CMU adopted Resolution № 1519 “Some issues of using the subvention from the state budget to local budgets for providing state support to persons with special educational needs in 2025”. This Resolution amended the “Procedure and Conditions” for providing such subventions approved by CMU Resolution No. 88 dated 14 February 2017 and distributed the above subvention in the amount of over UAH 304 million among the budgets of most municipalities of Ukraine.

On 27 December 2024, the CMU adopted Resolution № 1518 “Some issues of granting a subvention from the state budget to local budgets for the implementation of a public investment project for unimpeded access to quality education - school buses in 2025”. This Resolution amended the “Procedure and Conditions” for providing such subventions, approved by CMU Resolution № 418 of 28 April 2023, and distributed the above subvention in the amount of UAH 1.6 billion among all regional budgets of Ukraine.

On 27 December 2024, the CMU adopted Resolution № 1515 “Some issues of using the subvention from the state budget to local budgets for additional payments to teachers of general secondary education institutions”. This Resolution approved the “Procedure and Conditions” for providing these subventions and distributed the amount of subventions from the state budget to local budgets for additional payments to teachers of general secondary education institutions in the amount of over UAH 4.6 billion in 2025 among the budgets of most municipalities of Ukraine.

On 27 December 2024, the CMU adopted Resolution № 1506 “On amendments to the Resolutions of the Cabinet of Ministers of Ukraine No. 427 ‘Some Issues of monitoring compliance with the Law of Ukraine ‘On social services’ dated 1 June 2020 and No. 783 ‘Some Issues of the National Social Service of Ukraine’ dated 26 August 2020”. This Resolution changes the procedure for the National Social Service of Ukraine and its territorial bodies to monitor compliance with the Law of Ukraine “On social services’ by executive bodies of village, settlement and town councils.

On 27 December 2024, the CMU adopted Resolution № 1513 “Some issues of granting a subvention from the state budget to local budgets to ensure high-quality, modern and affordable general secondary education ‘New Ukrainian School’ in 2025”. This Resolution sets out, in a new wording, the ‘Procedure and Conditions” for providing such subventions and distributes the aforementioned subvention of UAH 150 million in 2025 among all regional budgets of Ukraine.

On 27 December 2024, the CMU adopted Resolution № 1507 “On amendments to certain resolutions of the Cabinet of Ministers of Ukraine on providing internally displaced persons with housing allowance and subsidies to pay the cost or part of the cost of renting (leasing) a residential premises”. This Resolution amended the following acts: “Regulations on the Procedure for awarding housing subsidies”, approved by CMU Resolution No. 848 of 21 October 1995; the “Procedure for providing accommodation allowance to internally displaced persons’, approved by CMU Resolution № 332 of 20 March 2022; the “Procedure for the use of state budget funds to ensure social protection of citizens in difficult life circumstances”, approved by CMU Resolution No. 1475 of 30 December 2022; and CMU Resolution № 1225 “On the implementation of a pilot project on providing subsidies for the cost or part of the cost of renting (leasing) a residential premises and compensation of part of the personal income tax and military fee” of 25 October 2024.

On 24 December 2024, the CMU adopted Resolution № 1503 “Some issues of implementation of the Programme of State Guarantees of Medical Care for the population in 2025”. This Resolution approves the Procedure for implementing the programme in 2025.

On 24 December 2024, the CMU adopted Resolution № 1491 “On amendments to the Regulation on the inclusive resource centre”. In accordance with the amendments, the inclusive resource centre provides services to persons with special educational needs who live or study in the territory of the relevant municipality or city, subject to the submission of the necessary documents. In the absence of an inclusive resource centre on the territory, parents (or one of them) or legal representatives have the right to apply to the inclusive resource centre of the municipality with which a cooperation agreement has been concluded, and in the absence of such an agreement to the nearest inclusive resource centre.

On 24 December 2024, the CMU adopted Resolution № 1484 “On amendments to Certain Resolutions of the Cabinet of Ministers of Ukraine on state registration”. This Resolution amended the following acts: the “Procedure for maintaining the State Register of Encumbrances on Movable Property”, approved by CMU Resolution No. 830 of 5 July 2004; the “Procedure for Maintaining the State Register of Civil Status Acts of Citizens”, approved by CMU Resolution No. 1064 of 22 August 2007; and the “Procedure for state registration of real property rights and encumbrances, approved by CMU Resolution No. 1127 “On state registration of real property rights and encumbrances” of 25 December 2015.

On 20 December 2024, the CMU adopted Resolution № 1467 “On amendments to Clause 4 of the Procedure for calculating the average monthly total family (household) income for all types of state social assistance”. As a result of the amendments, the average monthly gross income includes wages in the amount remaining after the payment of personal income tax and military duty on personal income.

On 20 December 2024, the CMU adopted Resolution № 1456 “On approval of the Procedure and Conditions for granting subventions from the state budget to local budgets for providing food to primary school students of general secondary education institutions”. This Resolution approves the above-mentioned Procedure and Conditions.

On 20 December 2024, the CMU adopted Resolution № 1451 “Some issues of granting a subvention from the state budget to local budgets to improve the quality of hot meals for primary school students of general secondary education institutions”. This Resolution approved the “Procedure and Conditions” and distributed the above subvention of almost UAH 75 million among the budgets of certain territorial communities of Ukraine.

On 20 December 2024, the CMU adopted Resolution № 1444 “On amendments to Resolution of the Cabinet of Ministers of Ukraine No. 1477 dated 30 December 2022”. This Resolution allocates an additional subsidy to local budgets for the exercise of powers of local self-government bodies in the deoccupied, temporarily occupied and other territories that have been negatively affected by the full-scale armed aggression of the Russian Federation for 2024 in the amount of almost UAH 1.2 billion.

On 17 December 2024, the CMU adopted Resolution № 1441 “On the information and communication system for automation of Administrative Service Centres ‘Vulyk’”. This Resolution approved the Regulation which defines the structure, main tasks, subjects and functional capabilities of the information and communication system, and other issues of its operation and use.

On 13 December 2024, the CMU adopted Resolution № 1432 “Some issues of providing compensation to internally displaced persons for damaged/destroyed real estate as a result of hostilities, terrorist acts and sabotage caused by the armed aggression of the Russian Federation against Ukraine’. This Resolution approves the “Procedure“ for providing compensation.

On 10 December 2024, the CMU adopted Resolution № 1428 “On approval of the criteria for determining heat supply and heat generating organisations, district water supply and wastewater treatment companies entitled to deferred debt repayment under debt restructuring agreements concluded in accordance with the Law of Ukraine ‘On measures aimed at settlement of debts of heat supply and heat generating organisations and district water supply and wastewater treatment companies’”. These criteria set out the conditions under which the abovementioned organisations and companies, which that have duly entered into debt restructuring agreements in accordance with Articles 5 and 6 of the abovementioned Law of Ukraine, are entitled to defer debt repayment under such restructuring agreements.

On 5 December, the CMU adopted Resolution № 1391 “On the allocation of funds in 2024 from the account for meeting the needs of education and science opened by the Ministry of Education and Science at the National Bank to ensure a safe educational environment”. Almost UAH 26 million of the above subvention was distributed between the budgets of Pershotravnevska rural and Novohrad-Volynska urban municipalities under the budget programme 2211350 ‘Subvention from the state budget to local budgets to meet the needs for a safe educational environment’.

On 5 December, the CMU adopted Resolution № 1386 “On amendments to Resolution of the Cabinet of Ministers of Ukraine № 2030 ‘On approval of the Procedure for accounting for fires and their consequences’” of 26 December 2003. This Resolution sets out a new version of the “Procedure for recording fires and their consequences”, according to which local governments, business entities and other legal entities are required to keep a fire log (paragraph 11 of the Procedure); analyse the causes of fires and take measures to prevent them; and submit information on all fire incidents and their consequences to the State Emergency Service by the 10th of each month in the reporting form determined by the Ministry of Internal Affairs.

On 3 December, the CMU adopted Resolution № 1385 “Some issues of providing state assistance to citizens of Ukraine for the purchase of books". This Resolution approves the Procedure for providing state aid to citizens of Ukraine for the purchase of books. Such state aid is provided as a one-time payment in the amount of 0.3 times the minimum subsistence level for able-bodied persons established by law as of 1 January of the calendar year in which it is provided, in accordance with the Law of Ukraine № 601-IV “On state support of book publishing in Ukraine” of 6 March 2003.

On 3 December, the CMU adopted Resolution № 1383 “Some issues of using funds from the account for the provision of humanitarian and other assistance to civilians under martial law in Ukraine opened for the Ministry of Social Policy at the National Bank for additional measures to provide social support to orphans and children deprived of parental care”. This Resolution approved the “Procedure for a one-time payment of funds for orphans and children deprived of parental care who are brought up in families of guardians or carers”, according to which a one-time payment is transferred to the recipient in the amount of UAH 1,000 for each orphan or child deprived of parental care.

On 4 December, the Supreme Court published the Digest of Court Practice of the Civil Court of Cassation within the Supreme Court for October 2024. The Digest reflects the most important legal positions in the following categories of court cases:

• In disputes arising out of land relations, it is emphasised that establishing the circumstances of the land plot's withdrawal from ownership against the will of the owner is the basis for its reclamation from a bona fide purchaser under Article 388 of the Civil Code of Ukraine. In such circumstances, depriving a bona fide purchaser of the right to own a land plot without providing any form of compensation will not ensure a fair balance between the requirements of the public interest and the owner's right to peaceful enjoyment of his property;
• In disputes arising out of transactions, in particular contracts, it is emphasised that subrogation is allowed in property insurance contracts. The legal basis for its application is Article 993 of the Civil Code of Ukraine and Article 27 of the Law of Ukraine “On insurance”. Legal relations arising from the payment by the insurer of insurance indemnity in favour of the injured party under a property insurance contract within the actual costs are based on subrogation, so the claim of the insurance company to the damage cause is not recourse.
• In disputes arising from labour relations, it is stated that an employee who has acquired the status of a whistleblower cannot be dismissed or forced to resign, subjected to disciplinary action or other negative measures. It is the employer who must prove that the dismissal of the whistleblower is not related to the reporting of possible violations of the Law of Ukraine “On prevention of corruption”. An employee's absence from work due to health reasons may be confirmed not only by a temporary disability certificate, but also by a certificate from a medical institution, witness testimony or other evidence.

On 3 December, the Ministry of Education and Science of Ukraine (MESU) issued Orders № 1691 “On approval of the list of additional priority general secondary education institutions that meet the criteria for receiving financial assistance from the United Nations Children's Fund (UNICEF) for the 2024/25 Academic Year” and № 1690 “On amendments to the list of priority educational institutions that meet the criteria for receiving financial assistance from the United Nations Children's Fund (UNICEF) for the 2024/25 Academic Year”. These orders formed a list of general secondary education institutions from all regions of Ukraine that meet the criteria for receiving financial assistance from UNICEF for the 2024/25 academic year.