Abstract
Date of entry into force:
October 15, 2014
Article 1 of the Law establishes the following:
·
the anti-terrorist operation period is the time
between the date of entry into force of the Decree of the President of Ukraine
"On the Resolution of the Council for National Security and Defense of
Ukraine of April 13, 2014 "On the Urgent Measures to Overcome the
Terrorist Threat and Preserve the Territorial Integrity of Ukraine" of
April 14, 2014 N405/2014, and the date of entry into force of the Decree of the
President of Ukraine on cessation of the anti-terrorist operation or military
action on the territory of Ukraine;
·
the anti-terrorist operation territory is the
territory of Ukraine containing population centers determined in the list
approved by the Cabinet of Ministers of Ukraine where the anti-terrorist
operation was initiated according to the Decree of the President of Ukraine
"On the Resolution of the Council for National Security and Defense of
Ukraine of April 13, 2014 "On the Urgent Measures to Overcome the
Terrorist Threat and Preserve the Territorial Integrity of Ukraine" of
April 14, 2014 N405/2014 was being carried out.
During the anti-terrorist operation period, it is forbidden to accrue fines
and/or penalties on the principal amounts of liabilities under credit
agreements and loan agreements concluded after April 14, 2014 by citizens of
Ukraine who are registered and permanently residing, or, after April 14, 2014,
relocated from population centers determined in the list approved by the
Cabinet of Ministers of Ukraine where the anti-terrorist operation was carried
out, and to legal entities and natural persons – entrepreneurs who conduct
(conducted) their business activity on the territory of population centers
determined in the list approved by the Cabinet of Ministers of Ukraine where
the anti-terrorist operation was carried out (Article 2 of the Law).
According to Article 3 of the Law, bodies and officials that are authorized
by law to carry out state supervision (oversight) in the sphere of commercial
activity, during the anti-terrorist operation period and on the anti-terrorist
operation territory are temporarily forbidden to hold scheduled and
non-scheduled inspections of business entities that operate in the
anti-terrorist operation area, except for unscheduled inspections of business
entities that are classified as business entities with a high risk level,
according to the business risk level assessment criteria approved by the
Cabinet of Ministers of Ukraine.
Specifics of state registration of legal entities and natural persons –
entrepreneurs from the anti-terrorist operation territory during the
anti-terrorist operation period are determined by Article 4 of the Law.
Licenses and permits issued to business entities that operate on the
anti-terrorist operation territory which have expired during the anti-terrorist
operation period are considered to be extended for the duration of the
anti-terrorist operation period (Article 5 of the Law).
According to Article 6 of the Law, during the anti-terrorist operation
period, business entities that operate on the anti-terrorist operation
territory are exempt from paying for the use of state- and municipal owned land
plots.
Article 7 of the Law suspends rent payment for the use of state- and
municipal owned property by business entities that operate on the
anti-terrorist operation territory, for the duration of the anti-terrorist
operation period.
A moratorium on accrual of fines for late payments for municipal and
utilities services, accrued for citizens of Ukraine residing in population
centers determined in the list approved by the Cabinet of Ministers of Ukraine
where the anti-terrorist operation was carried out, is established by Article 8
of the Law.
According to Article 9 of the Law, during the effect of this Law, mortgaged
immovable property located on the anti-terrorist operation territory and owned
by citizens of Ukraine (including natural persons – entrepreneurs) or legal
entities – small and medium businesses, is temporarily exempt from the
provisions of Article 37 (in the part of execution of the mortgage holder's
right to assume ownership of the mortgaged property), Article 38 (in the part
of execution of the mortgage holder's right to sell the mortgaged property),
Article 40 (in the part of eviction of residents from mortgaged residential
buildings and premises, where a court resolution to foreclose is available),
and Articles 41, and 43-47 (in the part of selling mortgaged property through
public auction) of the Law of Ukraine "On Mortgage".
During the effect of this Law, the only appropriate and sufficient document
confirming the occurrence of force-majeure circumstances that took place on the
anti-terrorist operation territory, to constitute grounds to be relieved of
liability for non-fulfillment (mis-fulfillment) of obligations, shall be a
certificate of the Ukrainian Chamber of Commerce (Article 10 of the Law).
The Law also introduces appropriate amendments to the Laws of Ukraine
"On the Payment Procedure in Foreign Currency", "On Chambers of
Commerce in Ukraine", "On Regulation of Exchange (Barter) Operations
in the Sphere of Foreign Economic Activity", "On Financial Accounting
and Financial Reporting in Ukraine", "On Licensing of Certain Types
of Economic Activity", "On State Registration of Legal Entities and
Natural Persons – Entrepreneurs", "On Collection and Registration of
the Single Contribution for Mandatory State Social Insurance", "On
Government Procurement".
This Law shall become null and void 6 months after the day of cessation of the
anti-terrorist operation.
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