Changes to legislation, court practice news and much more
On 9 October 2023, the Draft Law «On the Status of Persons Affected by Sexual Violence Related to the Armed Aggression of the Russian Federation against Ukraine and Urgent Interim Reparations» was adopted
The draft law was developed to define in law the legal status of persons affected by sexual violence related to the armed aggression of the Russian Federation against Ukraine and of the family members of such persons who have died, as well as the legal basis for providing them with urgent interim reparations.
The draft law proposes:
1) To define in law the terms «sexual violence related to the armed aggression of the Russian Federation against Ukraine», «affected person», «urgent interim reparations», «urgent compensation», etc.
2) To set out the basic principles of protecting the rights of affected persons and the family members of affected persons who have died, as well as of exercising the right to and providing urgent interim reparations.
3) To introduce a procedure for recording information on such persons and protecting their personal data, in particular information on their private and family life. To record the harm caused, the personal data and information on affected persons and the family members of a deceased affected person will be entered into the State Register of Persons Affected by the Armed Aggression of the Russian Federation against Ukraine, to be created under a separate law.
4) To establish a Commission for issues related to recognising persons as affected (the Commission), whose organisation, coordination and support will be the responsibility of the central executive authority shaping and implementing social policy (the Ministry of Social Policy of Ukraine). The draft also defines the Commission’s powers, its procedure and the procedure for deciding whether a person is recognised as affected or as a family member of such a deceased person.
5) To establish a Fund for urgent compensation payments to persons affected by sexual violence related to the armed aggression of the Russian Federation against Ukraine (the Fund). The proposed sources of the Fund are:
- funds of international financial organisations, other creditors and investors;
- international technical and/or repayable or non-repayable financial assistance;
- funds received by way of recourse claims against the person who caused the harm, reparations or other recoveries from the Russian Federation;
- other sources not prohibited by the law of Ukraine.
It is proposed that the procedure for granting and paying urgent compensation and increased urgent compensation to affected persons be determined by the Cabinet of Ministers of Ukraine.
The law is expected to take effect on 1 January 2024.
On 10 October 2023, the Draft Law «On Amendments to the Civil Code of Ukraine on Regulating the Acceptance of an Inheritance Where the Testator Lived Abroad» was adopted
The draft law aims to regulate in the Civil Code of Ukraine the procedure for accepting an inheritance that includes real estate registered in Ukraine where the testator lived outside Ukraine.
Inheritance in Ukraine is governed by the Civil Code of Ukraine. However, where such relations involve a foreign element, the Law of Ukraine «On Private International Law» also applies.
Under parts one and two of Article 1269 of the Civil Code, an heir who wishes to accept an inheritance but did not live permanently with the testator when the inheritance was opened must submit an application for acceptance of the inheritance to a notary or, in rural areas, to an authorised official of the local self-government body. The application must be submitted by the heir in person.
An heir who has accepted the inheritance may obtain a certificate of inheritance (part one of Article 1296 of the Civil Code of Ukraine).
An heir who has accepted an inheritance that includes real estate must apply to a notary for a certificate of inheritance for the real estate (part one of Article 1297 of the Civil Code of Ukraine).
A foreign element in inheritance may take one of three forms:
- the testator or heir is a citizen of Ukraine living abroad, a foreigner, a stateless person or a foreign legal entity;
- the estate is located in a foreign state;
- the legal fact that creates, changes or terminates the legal relationship occurred or occurs in a foreign state (for example, the death of the testator in another state or the birth of a child whose inheritance rights were protected before birth in another state, etc.).
Under Article 71 of the Law of Ukraine «On Private International Law», the inheritance of real estate is governed by the law of the state where the property is located, and of property subject to state registration in Ukraine, by the law of Ukraine.
In this regard, the Supreme Court in its resolution of 13 March 2023 (case No. 398/1796/20) stated that the inheritance of rights to real estate located in Ukraine is governed by Ukrainian law. Where the testator lived outside Ukraine at the time of death and the estate includes rights to real estate located in Ukraine, the inheritance is accepted by the heir applying to the competent authority entitled to perform notarial acts at the location of the real estate, i.e. in Ukraine.
In other words, the procedure for accepting an inheritance that includes real estate where the testator lived abroad is currently governed only by the Supreme Court’s clarification.
The Draft Law «On Amendments to the Civil Code of Ukraine on Regulating the Acceptance of an Inheritance Where the Testator Lived Abroad» proposes amending Article 1269 of the Civil Code of Ukraine to provide that an heir who wishes to accept an inheritance that includes real estate registered in Ukraine, where the testator lived outside Ukraine at the time the inheritance was opened, must submit an application for acceptance of the inheritance to a notary or, in rural areas, to an authorised official of the local self-government body at the location of the real estate.
The ways of submitting such an application are also established:
- by the heir in person;
- through a representative acting under a power of attorney to handle the inheritance;
- remotely: on paper by registered mail.
In the latter case, the application is signed personally by the heir. The authenticity of the signature must be certified by a notary, or by a consular office if the heir is outside Ukraine; alternatively, the application may be submitted electronically through the Unified State Web Portal of Electronic Services, in which case it is signed with the heir’s electronic signature based on a qualified electronic signature certificate.
To implement the provision of the Law of Ukraine «On Copyright and Related Rights» on protecting the author’s moral rights in works that have entered the public domain where there are no heirs, the Government approved the Procedure for Protecting the Author’s Moral Rights in Works that Have Entered the Public Domain in the Absence of Heirs.
The corresponding Resolution No. 1066 was adopted at the meeting on 10 October 2023.
The Procedure sets out how an application for protection is submitted and considered, the requirements for the documents attached to it and the time limits for its consideration.
The Government brought the Regulation on the State Audit Service in line with the Budget Code of Ukraine and the Laws «On Joint Stock Companies» and «On Management of State-Owned Property»
The corresponding Government Resolution No. 1064 of 10 October 2023 entered into force on 12 October.
In particular, it establishes that the State Audit Service, in line with its tasks, monitors whether the long-term obligations assumed by budget fund managers under public-private partnerships comply with the terms of the public-private partnership agreements and the budget legislation.
The Resolution also removed the provision on the participation of State Audit Service representatives in the audit commissions of business entities in which the state’s corporate rights exceed 50% of the authorised capital.
Draft Law «On Amendments to Certain Laws of Ukraine on the Use of the Law Enforcement Practice of the European Union» of 09.10.2023.
The draft law aims to implement the state policy of Ukraine’s accession to the EU by introducing critically important rules and harmonising and adapting national legislation on state aid and competition to the legislation of the European Union (EU), bringing it closer to the numerous EU legal acts listed in the annexes to the Association Agreement and in other international treaties between Ukraine and the EU and policy documents, in order to facilitate Ukraine’s integration into the European Union.
The tasks of the draft law include aligning Ukrainian legislation with EU law and improving and eliminating inconsistencies in law enforcement practice in the areas of state aid and competition.
The draft law introduces rules requiring Ukrainian courts and public authorities to take into account European law enforcement experience in state aid and competition, which will make it possible to establish the meaning of the provisions of EU legal acts accurately, and is an important step for Ukraine in fulfilling its obligations under the Association Agreement with the European Union.
In addition, these rules will strengthen the protection of the rights and interests of businesses in line with international standards and minimise the corruption risks associated with different interpretations of EU legal acts and different application of the same acts.
Draft Law «On Amendments to the Law of Ukraine «On Public Procurement» on the Use of the Law Enforcement Practice of the European Union» of 09.10.2023.
The draft law aims to implement the state policy of Ukraine’s accession to the EU by introducing critically important rules and harmonising and adapting national public procurement legislation to the legislation of the European Union (EU), bringing it closer to the numerous EU legal acts listed in the annexes to the Association Agreement and in other international treaties between Ukraine and the EU and policy documents, in order to facilitate Ukraine’s integration into the European Union.
The tasks of the draft law include aligning Ukrainian legislation with EU law and improving and eliminating inconsistencies in law enforcement practice in public procurement.
The draft law introduces rules requiring Ukrainian courts and public authorities to take into account European law enforcement experience in public procurement, which will make it possible to establish the meaning of the provisions of EU legal acts accurately, and is an important step for Ukraine in fulfilling its obligations under the Association Agreement with the European Union.
