Key Benefits:
Provisional measures for the period of the anti-terrorist operation
(Information of the Verkhovna Rada (VR), 2014, No. 44, pp. 2040)
{With changes under the Act
No. 189-VIII of 12.02.2015 , BBR, 2015, No. 16, pp. 112}
This Act defines temporary measures to ensure the support of host entities carrying out activities on the territory of the anti-terrorist operation, and persons residing in the anti-terrorist operation or resettled. She's been carrying her.
The period of anti-terrorist operation-the time between the date of the presidential decree of the President of Ukraine "On the decisions of the National Security and Defense Council of Ukraine dated 13 April 2014" On urgent measures to overcome the terrorist threat and The preservation of territorial integrity of Ukraine " dated 14 April 2014 No. 405/2014 And the date of the decree of the President of Ukraine on the completion of the anti-terrorist operation or military action in the territory of Ukraine.
The territory of the anti-terrorist operation is the territory of Ukraine, where the settlements are defined in the approved Cabinet of Ministers of Ukraine, where the anti-terrorist operation was carried out in accordance with the Presidential Decree. Ukraine "On the decision of the National Security and Defense Council of Ukraine dated 13 April 2014" On urgent measures to overcome the terrorist threat and preserve the territorial integrity of Ukraine " No. 405/2014 .
Article 2. A moratorium on the basis of foam and fines on the main amount of debt owed by credit obligations
At the time of the anti-terrorist operation, it is prohibited from imposing a penny and/or fines on the main amount of debt owed by credit treaty and loan agreements since April 14, 2014, to citizens of Ukraine who are registered and permanently They live or resettled in the period from 14 April 2014 from settlements defined in the approved Cabinet of Ministers of Ukraine, where the anti-terrorist operation was conducted, as well as legal entities and individuals-entrepreneurs The failure of its work in the territory of settlements, " The list of anti-terrorist operations carried out in the approved Cabinet of Ministers of Ukraine.
Banks and other financial institutions, as well as creditors, are required to be cancelled in this article by persons of the pension and/or fines awarded to the main amount of debt owed by credit contracts and loan treaties during the period of Anti-terrorist operation.
Article 3. Moratorium on conducting inspections by authorities and officials authorized by laws of state surveillance (control) in the field of economic activity
Authorities and officials authorized by law enforcement in the area of economic activity, in the period and in the territory of the anti-terrorist operation, temporarily prohibited to conduct planned and unplanned The inspection entities of the host entities in the area of the anti-terrorist operation, apart from the unplanned inspections of the host entities, that according to the approved Cabinet of Ministers of Ukraine the criteria for assessing the degree of risk from The failure of the economic activity of the subject High risk management.
Article 4. Features of the state registration of legal persons and individuals-entrepreneurs
For persons registered and resettled from the territory of the anti-terrorist operation in the period of its conduct, the registration of a physical person is carried out by state registrants at the address of temporary residence without government requirements. Registration services of the registration services of the Territorial Authorities of the Ministry of Justice of Ukraine in the areas and city of Kyiv registration of residence permits to the location of the registration activities.
Establish that the registration action to change the location of legal persons and the whereabouts of the individuals-entrepreneurs, and the whereabouts of which are the territory of the anti-terrorist operation, is carried out on Public persons and individuals-entrepreneurs of government registrants of registration services of the territorial bodies of the Ministry of Justice of Ukraine in areas and city of Kyiv.
The registration activities related to the change of the founders (participants) and the head of the legal entity, whose whereabouts are the area of the anti-terrorist operation, is prohibited for the period.
Article 5. The activities of the permissive nature
The licenses and documents of the leisure nature, issued by the occupations of the anti-terrorist operation, whose actions ended in the period of its conduct, are considered to have continued their action on the basis of the activities of the anti-terrorist operation. A period of anti-terrorist operation.
Article 6. Exemption from land and communal property payments
During the anti-terrorist operation, free of the household entities that operate in the territory of the anti-terrorist operation, from land and communal property payments.
Article 7. Cancellation of rent for public and communal property
To cancel the period of the anti-terrorist operation, rents for the use of the state and communal mine entities, which carry out activities on the territory of the anti-terrorist operation.
Article 8. Moratorium on the basis of pension for non-timely housing payments
Cancel the pension for untimely payment of residential and municipal services (water, gas, electricity, electricity, sanitation, maintenance and exploitation of housing and sewage, garbage collection, liphon economy) Citizens of Ukraine who reside in localities defined in the approved Cabinet of Ministers of Ukraine, where the anti-terrorist operation was carried out in accordance with the Decree of the President of Ukraine " On the decisions of the National Security Council and Defence of Ukraine dated 13 April 2014 " On emergency measures to overcome the terrorist threat and preserve the territorial integrity of Ukraine " of 14 April 2014 No. 405/2014 From 14 April 2014 to the end of the anti-terrorist operation. The funds collected from the citizens of Ukraine in the form of a penny for the untimely deposit of housing services for the period from 14 April 2014 to the end of the anti-terrorist operation are counted in future housing payments.
Article 9. Measures to preserve the property in the mortgage
During the term of this Act on real estate located on the territory of the anti-terrorist operation belonging to citizens of Ukraine (including physical persons-entrepreneurs) or legal entities-subjects of small and medium-sized enterprises The enterprise and is in the mortgage, stopping the action of Article 37 (in part of the realization of the right of a mortgage-holder to acquire property ownership), Article 38 (in part of the realization of the right of a mortgage-holder on the sale of the subject matter), Article 40 (in Part of the eviction of residents from housing and premises transferred to the mortgage, concerning whom there is a judicial decision to address such objects), articles 41, 43-47 (in part of the implementation of the subject of the mortgage on public trading) Law of Ukraine "About the Mortgage".
Article 9 - 1 . Ensuring the realization of the right to inheritance
If the last place of residence is inhabited by an item on which state authorities are temporarily not exercised or exercised not in full capacity, approved by the decision of the Cabinet of Ministers of Ukraine, place of The opening of the legacy is the place of submission of the first statement, which is indicative of the will of the hereditary property, the heirs, the resources of the will, persons of interest in the protection of hereditary property, or the requirements of creditors.
If the residence of the heir is unknown, and the real estate or the bulk of its property, in case of a lack of real estate-the main part of the moving property is in the territory assumed to be part of the first article, the site of the opening of the heritage is the place of submission of the first statement, as evidenced by the will of the hereditary property, the heirs, the resources of the will, persons of interest in the protection of hereditary property, or the requirements of creditors.
The hereditary case is subject to registration in the Heritage Registry in Order , approved by the Cabinet of Ministers of Ukraine.
{The law was supplemented by Article 9 - 1 under the Law No. 189-VIII of 12.02.2015 }
Article 10. Confirmation of the Unstoppable Force
During the term of this Act, the only proper and sufficient document that confirms the onset of the unstoppable force (force majeure) was held in the territory of the anti-terrorist operation as grounds for exemption from liability. The certificate of the Chamber of Commerce of Ukraine is a certificate of the Chamber of Commerce of Ukraine.
Article 11. Final and Transitional Provisions
1. This Act will take effect from the day, the following day by the publication of its publication, and loses validity six months from the day of the end of the anti-terrorist operation, in addition to paragraph 4 of Article 11 "Final and Transitional Provisions" of this Act.
2. The action of this Act extends for the period of the anti-terrorist operation and six months after the day of its completion.
3. The laws and other regulatory legal acts of Ukraine act in part that do not contradict this Act.
4. To make changes to such laws of Ukraine:
1) in Law of Ukraine "On the order of calculation in foreign currency" (Verkhovna Rada of Ukraine, 1994, No. 40). 364; 1996, No. 28, pp. 135; 2004, No. 19, pp. 270; 2007, No. 44, pp. 510; 2013, No. 50, pp. 696):
(a) Part of the first article 4, to be read:
" Violations of residents other than the entities involved in the territory of the anti-terrorist operation during the period of its conduct, the lines stipulated by articles 1 and 2 of this Act or established by the National Bank of Ukraine According to articles 1 and 2 of this Act, the charge is due to a penalty for each day of prostring of 0.3 per cent of the amount of the non-profit virus (the cost of the non-profit commodity) in the foreign currency listed in the monetary unit of Ukraine in the currency The exchange rate of the National Bank of Ukraine on the day of debt. The total size of the foam cannot exceed the amount of the non-recipient virus (the cost of the untreated commodity) ";
(b) In part seven of the words "the appropriate reference", replace the word "certificate", and after the words "of the Chamber of Commerce of Ukraine" to be supplemented with the words "about for-majeure circumstances (circumstances of the unstoppable force)";
2) in The Law of Ukraine "On trade and industrial chambers in Ukraine" (Information of the Verkhovna Rada of Ukraine, 1998, No. 13, art. 52; 2002, No. 16, pp. 114; 2010, No. 34, pp. 486, 2011, No. 41. 413; 2014, No. 5, pp. 62, No. 24, p. 885):
(a) The paragraph of the third part of the third article 14 is set out in this edition:
"the former major circumstances (the circumstances of the unstoppable force), as well as trade and port customs, are accepted in Ukraine, with the appeals of the subjects of economic activity and individuals";
(b) complement article 14 - 1 such content:
" Article 14 - 1 . Issuance of certificates of force-major circumstances (the circumstances of the unstoppable force)
1. The Chamber of Commerce of Ukraine and authorized by its regional trade-industrial houses will ascertain the former majoric circumstances (circumstances of the unstoppable force) and issued a certificate of such circumstances for seven days from the subject of the subject's appeal No, Master of the World. The certificate of for-majoric circumstances (the circumstances of the unstoppable force) for the subjects of the small enterprise is issued free of charge.
2. Force majors (the circumstances of an unstoppable force) are extraordinary and unrepultive circumstances, objectively impossible to fulfill obligations, stipulated by the terms of the treaty (contract, agreements, etc.), duties according to legislative and other Regulations, namely: the threat of war, armed conflict or serious threat of such conflict, including but not limited to hostile attacks, blockade, military embargo, actions of a foreign enemy, general military mobilization, military action, declared and undeclared war, actions of the public enemy, perturbation, acts terrorism, sabotage, piracy, turmoil, invasion, blockade, revolution, insurgency, riots, riots, mass unrest, introduction of curfew, expropriation, forced removal, occupation of businesses, requisition, public demonstration, blockade, revolution, strike, accident, counteractions of third persons, fire, explosion, long breaks in the work of transport, regulations governing relevant decisions and acts of government authorities, closing of maritime traffic, embargo, ban (limit) export/import, etc., also caused by exceptional weather conditions and natural disaster, and It is: an epidemic, severe storm, cyclone, hurricane, tornado, flood, flood, flood, hail, hail, freezing, freezing, freezing, earthquake, lightning, earthquake, lightning, drought, rain, and landslides, other natural disasters, etc. ";
3) in first paragraph Part of Article 3 of the Law of Ukraine "On regulation of commodity exchange (barter) operations in the field of foreign economic activity" (Verkhovna Rada of Ukraine, 1999, No. 5-6, art. (44) The words "circumstances of an unstoppable force or force majeure" to replace "force majeure circumstances (circumstances of unstoppable force)";
4) first part Article 14 of the Law of Ukraine "On Accounting and Financial Reporting in Ukraine" (Verkhovna Rada of Ukraine, 1999, No. 40, pp. 365; 2011, No. 36, st. 362) complement the paragraph with other such content:
"In the framework of the exercise of the measures stipulated by the Law of Ukraine" On temporary measures for the period of anti-terrorist operation ", the hosts carried out activities on the territory of the anti-terrorist operation during the period of To be dismissed from the responsibility for the lack of holding of the lines stipulated for the submission of financial reporting ";
5) Article 14 Law of Ukraine "On the Licensing of certain types of economic activity" (Verkhovna Rada of Ukraine, 2000, No. 36, art. 299 with the following changes) after part of the fourth complement to a new part of this content:
" In the case of restriction, the license line for the types of economic activities defined by Article 9 of this Act, the entities being carried out on the territory of the anti-terrorist operation, lines of the license is considered elongated. The period of the anti-terrorist operation. "
In this regard, parts of the fifth-fourteenth are considered as part of the sixth-fifteenth;
6) paragraph 5 Part of Article 35 of the Law of Ukraine "On State Registration of Legal Persons and Physical Persons-Entrepreneurs" (Verkhovna Rada of Ukraine, 2003, No. 31-32, art. 263; 2011, No. 46, pp. (512) to exclude;
(7) Article 4 - 1 Law of Ukraine "On the permissive system in the sphere of economic activity" (Verkhovna Rada of Ukraine, 2005, No. 48, art. 483 with the following changes) to supplement the fourteenth of the following:
" 14. The permissive nature, issued by the actors involved in the territory of the anti-terrorist operation, are considered to have lengthened the lines of their action during the anti-terrorist operation period. The leisure authorities for three days provide information on the register of the permissive nature. ";
8) in The Law of Ukraine "On collecting and accounting for a single contribution to public social insurance" (Information of the Verkhovna Rada of Ukraine, 2011, No. 2-3, pp. 11, No. 13-17, pp. 112 (2013), No. 9-13, st. 88, No. 15, pp. 108, No. 32, pp. 413; 2014, No. 6-7, pp. 80, no. 13, st. 220, No. 20-21, st. 712, No. 29, pp. 942):
(a) The second sentence of part 7 of Article 7 is set out in this edition: " Not awarded to payment and not holding a single contribution from payments made up of the budget within the average wage of workers intended for military service Mobilization time, for special period ";
(b) Section VIII, "Final and Transitional Provisions", supplemented by paragraph 9 - 3 such content:
" 9 - 3 . Single contribution platters Article 4 The Law of Ukraine "On collection and account of a single contribution to public social insurance", which are on account in income and fees located on the territory of the settlements designated by the list specified in Article 2 of the Act Ukraine "On temporary measures for the period of anti-terrorist operation", where the anti-terrorist operation was conducted, started in accordance with the Decree of the President of Ukraine "On the decision of the National Security and Defense Council of Ukraine of 13 April 2014" " On urgent measures to overcome terrorist threat and preserve territorial integrity of Ukraine " of 14 April 2014 No. 405/2014 , exempt from the execution of their duties determined by part of the second Article 6 The Law of Ukraine "On gathering and accounting for a single contribution to public social insurance", was held on April 14, 2014 before the end of the anti-terrorist operation or of military or emergency.
The basis for such exemption is a statement of payment of a single contribution, which is served by him to the income authority and assembly for a major account or for the place of temporary residence in any form not later than thirty calendar days followed by the following day. End of anti-terrorist operation.
The responsibility, fines and financial sanctions provided by this Act for failing to comply with the taxpayer's duties between April 14, 2014 before the end of the anti-terrorist operation, to the payers of the single contribution specified in this item are not Apply.
The undercarriage that originated in the payers of the single contribution, which are on account in the income and assembly bodies located on the territory of the settlements, defined by the list specified in Article 2 of the Law of Ukraine "On temporary measures for the period of conduct" Anti-terrorist operation ", where the anti-terrorist operation was carried out in accordance with the Decree of the President of Ukraine" On the decision of the National Security and Defense Council of Ukraine dated 13 April 2014 " On urgent measures to overcome the terrorist attack the threat and preservation of territorial integrity of Ukraine " from 14 April 2014 No. 405/2014 , is recognized by hopelessness and is subject to a list of order predicted Tax Code of Ukraine to write off a hopeless tax debt ";
9) article 5 The Law of Ukraine "On the Implementation of Public Procurement" (Ukrainian Supreme Council of Ukraine, 2014, No. 24, pp. 883) complement part of the fourth such content:
" 4. According to the approved Cabinet of Ministers of Ukraine, the list of individual goods, works and services is sealed exclusively in the entities registered and carried out in the territory of the anti-terrorist operation. to restore the infrastructure of cities after its completion. "
5. The Cabinet of Ministers of Ukraine in a ten-day period from the day of publication of this Act:
To ensure acceptance in accordance with its competence of the legal acts stemming from this Act;
approve list "On the decision of the National Security and Defence Council of Ukraine dated 13 April 2014" On emergency measures to be overcome terrorist threat and the preservation of territorial integrity of Ukraine " of 14 April 2014 No. 405/2014 in the period from 14 April 2014 to its end;
in a ten-day line from the day of the end of the anti-terrorist operation to accept the final list;
To bring their legal and legal acts into compliance with the Act;
To ensure the development and revision of ministries and other central executive bodies of Ukraine, their normative acts stemming from this Act.
6. The National Bank of Ukraine for ten days since the Act:
bring their normative acts into compliance with Article 2 This Act;
Provide appropriate instructions to all banks in Ukraine regardless of property form to ensure that Article 2 of this Act is provided.
7. Recommend the National Bank of Ukraine to take measures to ensure the safety and guarantee of the preservation of the financial resources of the host entities in the area of the anti-terrorist operation, and individuals who In the area of the anti-terrorist operation, through the possibility of making cash calculations and obtaining cash funds in a branch network of ATMs and issuing bank-partners ' issuance without paying for a comical reward.
