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Showing posts with label Verkhovna Rada. Show all posts
Showing posts with label Verkhovna Rada. Show all posts

Tuesday, April 14, 2009

IMF Mission Chief Notes Progress In Talks With Ukraine On Stand-By Programm

Source: Interfax-Ukraine

IMF Mission Chief in Ukraine Ceyla Pazarbasioglu has noted progress made in the talks between Kyiv and the International Monetary Fund on resuming their cooperation under the stand-by program.

"We have moved ahead rather significantly in our discussions," she said at a briefing in Kyiv on Monday.

Pazarbasioglu refused to disclose the details of the talks, but added that she would report on the progress in the talks within two or three days. She said that the IMF is currently monitoring Ukraine under a special program, as per a condition for allocating the country the first tranche of the fund's loan, worth a total of $16.4 billion.

Pazarbasioglu said that after the IMF mission works out its proposals, it will submit them to the IMF Executive Board and added that the latter would either amend the existing program or would approve a new one. She also refused to comment on the period of the mission's work in Ukraine and on the results of this work.

"Our goal is to reach agreement, and each of the sides in the process is doing everything to achieve this progress," she said.

She said that much depends on tomorrow's voting on anti-crisis bills by the Verkhovna Rada, Ukraine's parliament.

Saturday, September 15, 2007

The Rough Guide to Taxation in Ukraine 2007

I'd like to present you a "The Rough Guide to Taxation in Ukraine 2007" from Deloitte Ukraine. I see that Ukraine RE market newbies pay much attention to legal issues, as well as blog audience. For sure, for more mature players it could be quite well known, but additional information from respected source does make sense to know.

I appreciate to Brian Mulholland, Director of Tax and Legal - friend of mine and blog' reader, too. There is no advertising from my part. Just well done job.


Table of content

  • Investment in Ukraine
  • Types of Business Entities
  • Taxation in Ukraine
  • Taxation of Businesses in Ukraine
  • Transfer Pricing
  • Taxation of Cross-Border Transactions
  • Taxation of Individuals
  • Customs Duties
  • Currency Control
  • Contacts at Deloitte CIS

Thursday, May 10, 2007

Minister Rybak Announces Completion Of Drafting Of Housing Code

(Ukrainian News)


Deputy Prime Minister Volodymyr Rybak has announced the completion of the drafting of the Housing Code.

Rybak's service made the announcement, a text of which Ukrainian News obtained.

According to the announcement, Rybak has held a meeting dedicated to the present state and the problems connected with the drafting of the Housing Code.

The meeting was attended by the heads of the Economics Ministry, the Finance Ministry, the Regional Development and Construction Ministry, and the Labor and Social Policy Ministry as well as by the relevant representatives of the Cabinet of Ministers' secretariat.

On the outcome of the meeting, Rybak said that the process of drafting of the Housing Code had generally been completed.

Rybak directed central organs of the executive branch of government to complete agreement of this document with the relevant agencies within two weeks so that it can be submitted to the government Committee on Regional Policy, Construction, Housing, and Utilities for consideration and submitted to the Cabinet of Ministers for approval before the end of May.

Rybak said that the Housing Code should be considered by the parliament in June.

As of today, most of the comments and proposals on the draft Housing Code have been addressed in the text section of the draft code.

The issues that require reconsideration include the need to specify certain definitions in the draft code (for example, official premises and hostels) and bringing individual provisions of the draft code in line with the active legislative acts.

As Ukrainian News earlier reported, President Viktor Yuschenko has directed the Cabinet of Ministers to submit the draft Housing Code to the parliament for consideration by July 2007.

Rybak forecast that the parliament would adopt the Housing Code by April.

The Housing Code regulates legal relations of individuals and legal entities, executive authorities and local self-governments in the housing sector.

In October 2005, the parliament rejected a Housing Code with recommendations of the President.

The parliament adopted the code in July 2005, but President Viktor Yuschenko vetoed it.

The Housing Code of the Ukrainian Soviet Republic, which was adopted in June 1983, is presently in force.

Tuesday, April 3, 2007

Short news - restrictions for State companies to lease their property.

Verkhovna Rada intends to exclude state-owned company to lease a property exceed 200 sqm. per company.

Parliament intends to make changes in the Commercial Code put such rules in the law.

In 2006, government revenue from the lease of state property amounted to UAH 326.5 mln UAH. The 2007 budget revenues from the lease of state property set at UAG 310 mln.

Thursday, March 15, 2007

Ukrainian tycoons undervalued in Forbes ranking

From Kyiv Post

By John Marone, Kyiv Post News Editor

A ranking of the world's richest individuals published by Forbes magazine has apparently undervalued the assets of Ukraine's wealthiest tycoon, Rinat Akhmetov, by about threefold.

The US-based business magazine Forbes has included seven Ukrainian billionaires in its annual list of the "World's Richest People" for 2007 - four more than last year - but at least one of them, the country's wealthiest person, has had his fortune seriously underestimated.

Last week, Forbes rated 40-year-old Donetsk tycoon Rinat Akhmetov, a member of Ukraine's parliament, 214th in its list of 946 billionaires, estimating his net value at around $4 billion.

For comparison, Microsoft founder Bill Gates topped the Forbes list with $56 billion, and Russia's Roman Abramovich came in 16th place with $18.7 billion.

To the seven Ukrainian billionaires listed by the US-based magazine, there were 19 Russians.

However, Kyiv-based analysts say the influential industrialist from Donetsk, who boasts significant interests in metals, mining, energy, telecommunications, food processing and even his own top-ranked football team, is worth as much as three times more than Forbes gave him credit for.

"All our numbers are based on a snapshot of balance sheets taken on Feb. 9, the day we locked in stock prices and exchange rates," reported Forbes, which boasts an international readership of 4.6 million.

Big Four international auditing firm PricewaterhouseCoopers estimated the consolidated assets of Akhmetov's holding company, System Capital Management, at $7.2 billion at the end of 2005.

Andriy Bespyatov, head of research at Kyiv-based investment bank Dragon Capital, puts the figure now at almost $12 billion, based on the current market value of Akhmetov's assets, not all of which are traded publicly.

"We don't know what kind of methodology Forbes used, but the figures were greatly deflated," Bespyatov told the Post.

For its part, PricewaterhouseCoopers might have used the book value of SCM to get its figure of $7.2 million, he said. PricewaterhouseCoopers' Kyiv office declined the Post's requests for commentary, citing client confidentiality.

Following Akhmetov in Forbes' "Richest People" list was Viktor Pinchuk, who placed 323rd with assets of $2.8 billion. Pinchuk, the son-in-law of former President Leonid Kuchma, controls Dnipropetrovsk-based Interpipe, one of Ukraine's largest business holdings, in addition to significant assets in media, machine building and agriculture.

Bespyatov said Forbes' estimation of Pinchuk's wealth was more or less correct, as were those of Ukraine's third and fourth richest individuals: CEO of the Industrial Union of Donbass, Serhiy Taruta, and National Security and Defense Council Secretary Vitaliy Hayduk, also co-founder of the industrial holding.

Forbes said both are tied for 488th place with an estimated $2 billion in assets. Pinchuk's spokesperson, Nikita Poturaev, declined to confirm or deny Forbes' estimate of his boss' monetary value, adding only that "we were very honored to have been included in the rating of such a prestigious publication."

The fifth and sixth richest Ukrainians, according to Forbes, were the co-owner of the so-called Privat business group (in Dnipropetrovsk) Igor Kolomoysky, at position 799th with $1.2 billion in estimated assets, and a major shareholder in leading Ukrainian bank Privatbank, Hennadiy Bogolubov, thought to be worth the same. Like their wealthier co-patriots, both control
a diversified business holding with assets in various sectors.

Dragon's Bespyatov said the evaluations of Kolomoysky and industrialist Kostyantin Zhevago, who placed last among Ukraine's rich and 891st overall with $1 billion in assets, were also distorted, but not as much as with Akhmetov.

The Privat empire includes lucrative holdings in oil, chemicals, machine building, metallurgy and finance, while Zhevago, at only 33 years of age, is known for his mining, automobile, pharmaceuticals and banking interests.

In Forbes' 2006 "World's Richest People," Akhmetov's worth was estimated at $1.7 billion, or $700,000 less and 191 places lower than in the previous year.

In the U.S. magazine's 2006 list, Zhevago, Bogolubov, Kolomoysky and Hayduk didn't appear at all.

Wednesday, March 14, 2007

Two Ministry instead one

The Cabinet of Ministers decided to reorganize the Ministry of Construction, Architecture, Housing and Utilities Economy into two ones: the Ministry of Regional Development and Construction, and the Ministry of Housing and Utility Services. This reported First Deputy Prime Minister, Minister of Finance Mykola Azarov

Azarov noted that the state budget for 2007 allocates about UAH 650 million for financing reform of housing and utility services, and said that the new ministry would have to rationally distribute this amount.

In keeping with Cabinet resolution No. 323 of March 1, the two new ministries are legal successors of the reorganized construction ministry in appropriate areas of work. The Cabinet established that the regional development and construction ministry is the main authority in the system of central bodies of executive power for implementation of the government's regional policy, as well as policy in the fields of construction, architecture and town planning. The housing and utility economy ministry is the main organ in the system of central bodies of executive power in charge of implementation of government policy in the field of the housing and utilities complex, as well as the housing policy.

The financing of the new ministries' activity in 2007 will proceed within the limits envisaged by the national budget for the maintenance of the construction ministry.

Monday, March 5, 2007

New automated land valuation system presented

State Committee for Land Resources presented the Single automated land cadastre (land valuation) system in Ukraine. As described by Andrei Kotov, the Chairman of "Center of State land cadastre", the system is nationwide and single database, which contains information on all land in Ukraine, as well as the landowners.

Today, the system works only in the Kiev region. Planned that during three months it will cover the all Ukraine. Such system would greatly simplifying the procedure of acquiring land. This system will help to identify the real cost of the Ukrainian lands, and establish transparent mechanisms to calculate fair payment for the land and minimizes cover of land tax. The Goskomzem Chairman, Nikolai Sidorenko said that the system' implementing is useful only after the approving the State Land Cadastre by Verkhovna Rada.

Saturday, March 3, 2007

Chronicle of Ukrainian legislative developments – January 2007

Another useful documents - Chronicle of Recent Developments in Ukrainian Legislation, a monthly summary of the most important legislative developments in Ukraine in the areas of business and corporate law from Russian-Ukrainian Legal Group
Download

Friday, March 2, 2007

50% of total land deals in Kiev region are the speculations

And their share is rising rapidly. Somebody talks that this figure will grow up to 100 % this year. According to Yaroslav Lomakin , such a rush by speculators desire to concentrate in their hands most of the land before the end of the moratorium. Perhaps, the moratorium was prolonged with given reason.

As you know
on December 19, 2006, Verkhovna Rada passed a bill that extended the ban on the sale of agricultural land until January 1, 2008 Mr. Lomakin gave, as an example, the concentration of speculative capital near Obukhov highway : “I know sites that was resold five times, and there was still no construction.

Experts believe that the increase in speculative capital in Kiev region contributes to increases in the price of land and the the moratorium cancelling does not down them because speculators will control the offer.

T
oday in land deals involved many private persons and companies. Many tycoons do not shy to make that business. They are traditional operate trough affiliated structures so no evidence is possible to get.

Vladimir Stepenko, CEO of SV Development, says the main landlords are large construction companies. Such organizations have a strong lobby in the administration and authorities. Among the biggest land owners experts note Andrei Ivanov and his Kiev Investment Group (KIG), Deputy Prime Minister for Humanitarian Affairs Dmitry Tabachnik, his brother Michael and company HCM Group. And deputy HCM Group, Radomir Tchurkan said that they really looking a big land plots for their logistic projects.

Today the average price in the Kiev suburbia is USD 3 600 for 100 sq.m. which is 25 times higher than the price of land in the country as all. The maximum price increasing in last year was in Borispil destination, where land price increased up to 89%. Second largest growth is in Kievo-Svatosinski district (Zhitomir destination) with 62% growth.

Wednesday, February 28, 2007

VR plans serious corrections with construction regulation

The parliament is going to create a vertical executive authority for architecture and construction regulation.

The parliament approved a first reading of the draft law No. 2451 "On Amendments to Certain Legislative Acts of Ukraine Regarding Architectural and Construction Control" with 292 votes.

According to the draft law, state architectural and construction control is to be made by the federal executive committee in charge of construction, town planning, and architecture.

A State control within this organisation will be made by the State Architectural and Construction Inspectorate and its territorial departments.

The draft law states that these inspectorates will be financed by constructors via payments to a special funds of a State budget and that the chairman and deputies will have the rights to apply the penalties.

The draft law also stated that a construction permit is not enough to start construction works without relevant permit from the State Architectural and Construction Inspectorate or its territorial departments.

According to the note to the draft law, the document is called to create state architectural and construction control, since presently the time of examination are too long (45-120 days in keeping with the law, however, much longer in practice) and there is no single expert control of construction projects, which results in unsatisfactory and ineffective work of state expert examination services.

Friday, February 23, 2007

Short news - VR proposes new land valuation rules

The Verkhovna Rada of Ukraine adopted in the first reading a bill "About Amendments to Article 18 of the bill "On land" assessment made by the Cabinet of Ministers.

There was 258 votes from total of 440 MP registered in the session.

The draft bill proposed that the monetary valuation of land was stated out :

  • located into a settlements borders, regardless of their special zoning - at least once every 5-7 years;
  • the non-agricultural land, located out of a settlements borders - at least once every 7-10 years.
  • the agricultural land, located out of a settlements borders - at least once every 5-7 years;


Tuesday, February 20, 2007

VR is going to regulate construction rules and terms

The Verkhovna Rada intends to establish legal and organizational base on regulations in construction and to create conditions for state policy in the market. This is flow from draft bill No.2503 on the regulations in construction.

Apart from the regulations on rules in construction, city planning, and architecture, the draft bill provides for the creation of the comprehensive database of normative and legal documents concerning construction. According to the draft bill, the construction rules are normative and legal acts consisting of the rules in construction, city planning, and architecture.

The draft bill introduces three kinds of rules: the national construction norms, which are endorsed by the central construction authorities, departmental construction norms, which are endorsed by central bodies of government, and territorial construction norms, which are endorsed by local bodies of the executives. The departmental and territorial construction rules should be agreed with the central construction authorities. The explanatory note to the draft bill reads that the bill will form the organizational principles of the work in the field of the regulations in construction and will create grounds for the elaboration of methodological case for the realization of the regulations in construction.

Also, the endorsement of the bill will structure the work on the drawing up of the construction rules, their coordination, endorsement of the rules and amendments.

Wednesday, February 7, 2007

Contracts for State real estate property will be reconsider

The State Property of Ukraine Committee (FGIU) will reconsider all rent contracts for the lease of real estate owned by the State. The order signed FGIU Chairman Valentyna Semenyuk.

In accordance with the order, subject to review all contracts for the lease of real property signed or agreed FGIU, its regional offices, as well as the Crimea State Property Committee, with the exception of the treaties signed state budgets organisation, the Pension Fund and its organizations.

Revision of contracts should be conducted in accordance with the approved bill "On the State budget of Ukraine for 2007" on the determination of rent in accordance with the market value as determined by the Cabinet of Ministers of Ukraine rule N1846 of 27 December 2006. This rule assumed that the rental rates are seen as starting in the auctions for the right to lease state property and the rates significantly changed.

Review contracts to be implemented through the signing of additional agreements to lease. The base for a month and the first month payment on the new rates determined in January 2007. Rents for January calculated on the basis of the rental rates established by the rule N1846, and the inflation index for January 2007.

In 2006, the income in the State budget from the lease of state property amounted to 326.5 million. Income from rental of a state 116.6% of the annual plan. Since the beginning of 2007, the amount of rental income exceeds UAH 28,980 mln. According to the approved plan by the end of the year FGIU to list in the budget from the lease of state property UAH 310 mln. The number of active leases public property contracts now stands at 26,633.

New labour system would affect on real estate prices

A short news, connected with all labour market but it should depends on constructors as well.

Parliament's Speaker Oleksandr Moroz offers to change a remuneration of labour system in Ukraine.

Member of Socialist party Ivan Bokiy has submitted the draft on hourly wages according to which unqualified workers will earn UAH 10 ($2) per hour and qualified ones UAH 25 ($5) and more.

Mr. Moroz stresses a strong need to implement such a model starting 2008 to change the remuneration of labour system and to get rid of shadow schemes of earnings payment.

The Speaker is aware “it will be a tough decision” but it will help to reinforce the government control of the remuneration of labor system and social protection of workers as well.

I have to note that this bill affect on construction market no doubt. Now ordinary worker gets one of the lowest salary in labour market. And this figures correlate with cost of building. But if the such bill will be approved, the labour cost will increase and total cost grow as well. As you understand it would be affect onto the housing market price.

Tuesday, January 30, 2007

Ukraine law info. The sources of Ukrainian law

The principal source of Ukrainian law is the Constitution, having the highest legal force. The rule of law is recognized by the Constitution. Appeals to the court in defence of the constitutional rights and freedoms of individuals are guaranteed directly by the Constitution.

The provisions of the Constitution of Ukraine are norms of a direct effect. Laws and other normative legal acts should be adopted on its basis and conform to it.

Codified Laws

As Ukrainian legal system is code-based there are a number of codified laws in the main spheres of national legislation. Among such codes the main ones are the following: the Civil Code, the Economic Code, the Criminal Code, the Land Code, the Family Code, the Customs Code, the Code of Civil Procedure, the Code of Criminal Procedure, the Labor Code, the Air Code, etc.

Laws

Only the Verkhovna Rada is entitled to issue normative acts in the form of laws. They are the highest normative acts in Ukraine.

The number of laws increases constantly, which creates the problem of contradictions between them. The imperfectness of Ukrainian legislation lies in its instability, overregulation, complexity of norms etc.

Secondary Legislation

The next layer of Ukrainian legislation is secondary legislation. Different normative acts in the form of decrees, resolutions, orders etc. issued by the President, the Cabinet of Ministers, the National Bank, ministries and other state agencies are adopted on the basis and in realization of the general provisions of laws.

The President of Ukraine issues decrees (ukazy) and directives (rozporiadzhennia).

The Cabinet of Ministers of Ukraine, within the limits of its competence, issues resolutions (postanovy) and directives (rozporiadzhennia). All the documents produced by the highest state bodies are mandatory for execution by every person on the territory of Ukraine.

In pursuance of the laws of Ukraine, the ministries, state agencies and committees issue resolutions, directives, regulations, instructions and orders that concern their specific sphere of competence.

All these normative legal acts and international treaties of Ukraine are registered at the Ministry of Justice of Ukraine.

Local state administrations and bodies of local self-government issue resolutions, orders, decisions etc. to ensure the observance of laws and freedoms of citizens, and the implementation of development programs and regional budgets.

Ukraine carries out foreign policy activity. It is a member to different international organizations and agreements. Ukraine was one of the founding members of the United Nations. International treaties come into force on the consent of the Verkhovna Rada of Ukraine to be binding. Since that moment they become an important part of the national legislation. The conclusion of international treaties that contravene the Constitution of Ukraine is possible only after introducing relevant amendments to the Constitution.

The acts of the official interpretation as well as court decisions are not formally the source of laws but they are taken into consideration when a certain case is administered in lower courts.

Sunday, January 28, 2007

New rules for sale and lease the state and municipal land

Verkhovna Rada passed an bill which will change rules for land sites given for commercial building. All state or municipal owned lots will be sold or leased only through the opened market auctions. It is a very progressive bill which allows to get land with clear and fair procedure. And local budgets will increase their income from land operation.

Before that fact the land often has been issued with inside or hidden relationships between local authorities and some companies. And now in the addition to this bill we have to look out rules and term from this one.

But. Agricultural land (see moratorium tag) and land sites where placed on an object for privatization, will not cover under the auctions. This rule covers land with private property placed on, too. Such land have to be sold with market fair price, i.e. under the similar auction prices.

I have to mention, that such auction have been offered in some cities before that bill, Odessa, for instance. But without given bill the results of such auction could be rejected in a commercial court.

In the last time huge amount of land in Kiev was distributed without any auctions, however Kiev major Leonid Chernovetsky had assuring absolute opposite early.

And some experts say that Kiev has lost USD 120-160 mln. annually, and giving about 500 land site in the same period.

Ukraine law info. Crimea

I analysed what visitors look on Ukraine Real Estate Market and found out that one of the most preferable content is legislation and things around it. So I start publish more detailed info, links and data about law in Ukraine especially related with real estate and commercial property. Let's go!

As I mentioned before, Crimea is amazing part of Ukraine. And for real estate business as well. However not all know that Crimea is autonomous republic in Ukraine State with its own Constitution. You have to know it if you running a business in Ukraine. So here are a little explanation from Alexander Biryukov & Myroslava Kryvonos:

Ukraine is a unitary state with the Autonomous Republic of Crimea in its administrative structure. The Autonomous Republic of Crimea is an inseparable constituent part of Ukraine and decides on the issues ascribed to its competence within the limits of authority determined by the Constitution of Ukraine.

The Autonomous Republic of Crimea has its own Constitution that is adopted by the Verkhovna Rada of the Autonomous Republic and approved by the Verkhovna Rada of Ukraine. Normative legal acts of the Verkhovna Rada and decisions of the Council of Ministers of the Autonomous Republic of Crimea shall not contradict the Constitution and other laws of Ukraine.

When nonconformity of the normative legal acts of the Autonomous Republic of Crimea with the Constitution of Ukraine and other laws of Ukraine occurs, the President of Ukraine may suspend those normative legal acts with a simultaneous appeal to the Constitutional Court of Ukraine in regard to their constitutionality.

Tuesday, January 16, 2007

Cabinet of Ministers is going to "legalize" the industrial (business) parks.

Cabinet of Ministers of Ukraine is going to "legalize" the industrial (business) parks.

Cabinet of Ministers plans submit to a "About the industrial parks" bill to discuss with Verhova Rada within Jan-Feb 2007.

The draft concept has been released at 1 Aug 2006. This concept assumes a developing such parks in Crimea, Odessa, Kiev, Lviv and Kharkov regions. After positive results in the given regions, this concept will be expand within rest of Ukraine. Responsibility for the realization is put on Ministry of Economics.

Monday, January 15, 2007

President Yushchenko wants "legal" land market

President Yushchenko wants ‘legal’ land market

UNIAN News Agency

Victor Yushchenko believes the Verkhovna Rada has violated the constitutional right of the citizens of Ukraine to freely use their property by overriding his veto on the Law on Changes to the Land Code of Ukraine, banning the sale of agricultural lands, Secretariat Chief of Staff Viktor Baloha has said, according to the President`s press-office. He said the President would sign the readopted law but would also demand that lawmakers create a legal land market by the end of 2007. “The President’s position is unalterable: a transparent land market must be created in Ukraine within a year.”

Mr. Baloha added that Ukraine’s land market should be created by January 1, 2008, under the National Unity Pact. To achieve this goal, he said, the Verkhovna Rada must immediately pass cadastre and land market bills. “If this decision is slowed down, it will be seen as an attempt to conceal the actual price of land from farmers and preserve illegal schemes to distribute land resources,” he said.

Tuesday, January 9, 2007

Parliament rejected Yuschenko's veto

As I've posted early about farmland moratorium, today Verkhovna Rada voted to reject Yuschenko's veto with 367 voices. Now president must sign out that bill. Another Yuschenko defeat. Switchbacks are continuing...