Thursday, April 30, 2015

Ukraine: Russia Seizes Leader’s Assets

Roshen, the confectionary company owned by President Petro O. Poroshenko of Ukraine, says that assets of the company worth $39 million in Lipetsk, Russia, where it owns two candy factories, have been seized this week by the Russian authorities, according to a statement by the company.

The company, which has its headquarters in Ukraine, has had legal trouble in Russia since the upheaval last year that toppled President Viktor F. Yanukovych and led to Mr. Poroshenko’s election. The company said Tuesday that the action by the Russian authorities was illegal and that it would fight the seizure in court. “Analyzing the events that are occurring around the Russian assets of the corporation, it is safe to say that the Russian side is deliberately using all possible methods to deny the company the opportunity to sell its assets in the Russian Federation,” it said.

Remember. Proud. Win!

Космічний корабель РФ з прапором Перемоги на борту впаде в океан 9 травня

Командування повітряно-космічної оборони Північної Америки (NORAD) спрогнозувало, що падіння російського корабля «Прогрес», який невдало запустили в космос 28 квітня, відбудеться 9 травня, передає ТСН.
За інформацією американських експертів, аварійний корабель «Прогрес» увійде в щільні шари атмосфери 9 травня близько 20:30 за київським часом. Падіння «Прогресу» може відбутися в точці з координатами 26,7 градуси північної широти, 63,1 градуса західної довготи, що припадає на центральну частину Атлантичного океану приблизно на відстані 1,6 тис. кілометрів на схід від Куби.
Між тим російські ЗМІ повідомляють, що падіння космічного корабля має статися 3 або 4 травня.
Нагадаємо, російський космічний вантажний корабель «Прогрес» втратив керування через деякий час після запуску. Через розгерметизацію двигуна він не зміг стикуватись з Міжнародною космічною станцією і почав неконтрольоване сходження з орбіти.
Як зазначили у «Роскосмосі» витрати на пуск «Прогресу» склали 2 млрд 589 млн рублів. З них 1 млрд 986 млн рублів - це матеріальна частина, решта - послуги з транспортування, пуску тощо. Глава Роскосмосу підкреслив, що ці витрати будуть повністю відшкодовані за страховим договором.
Раніше Роскосмос повідомляв, що на борту космічного корабля крім стандартних вантажів була копія прапора Перемоги і набір георгіївських стрічок. Також георгіївська стрічка була намальована на корпусі ракети.
У соцмережах одразу почали жартувати, що людство символічно побачить, як в атмосфері згорять «духовні скрєпи» і стане свідком масштабного салюту із георгіївських стрічок саме у День Перемоги 9 травня.

Law of Ukraine "On Civil Associations"

Date of entry into force:
April 19, 2012


The Law determines the legal and organizational principles of exercising the right to freedom of association, as guaranteed by the Constitution of Ukraine and the international agreements of Ukraine ratified by the Verkhovna Rada of Ukraine, and the procedure of creation, registration, work and termination of civil associations.

According to Article 1 of the Law, a civil association is a voluntary association of natural persons and/or privately owned legal entities to exercise and protect the rights and freedoms, and satisfy community interests, particularly economic, social, cultural, environmental and other ones. By its organizational and legal form, a civil association is created as a civil organization or a civil union. A civil organization is a civil association whose founders and members (participants) are natural persons. A civil union is a civil association whose founders are privately owned legal entities, while its members can be privately owned legal entities as well as natural persons. A civil association can function with or without a legal entity status. A civil association with a legal entity status is non-business entity, whose main objective is not generation of profit.

The International Criminal Court

The International Criminal Court (ICC), governed by the Rome Statute, is the first permanent, treaty based, international criminal court established to help end impunity for the perpetrators of the most serious crimes of concern to the international community.
The ICC is an independent international organisation, and is not part of the United Nations system. Its seat is at The Hague in the Netherlands. Although the Court’s expenses are funded primarily by States Parties, it also receives voluntary contributions from governments, international organisations, individuals, corporations and other entities.
The international community has long aspired to the creation of a permanent international court, and, in the 20th century, it reached consensus on definitions of genocide, crimes against humanity and war crimes. The Nuremberg and Tokyo trials addressed war crimes, crimes against peace, and crimes against humanity committed during the Second World War.

In the 1990s after the end of the Cold War, tribunals like the International Criminal Tribunal for the former Yugoslavia and for Rwanda were the result of consensus that impunity is unacceptable. However, because they were established to try crimes committed only within a specific time-frame and during a specific conflict, there was general agreement that an independent, permanent criminal court was needed. 

‘Millennia’ of Marriage Being Between Man and Woman Weigh on Justices


WASHINGTON — For thousands of years, in societies around the globe, marriage has meant the union of a man and a woman. “And suddenly,” said Justice Stephen G. Breyer, “you want nine people outside the ballot box” to change that by judicial fiat.

History weighed heavily on the nine members of the Supreme Court on Tuesday as they debated whether the Constitution guarantees gays and lesbians the right to marry. That even Justice Breyer, clearly a supporter of same-sex marriage, felt compelled to take note underscored the magnitude of the issue before the court.

With intellectual side trips to Plato’s Greece and the land of the Kalahari Bushmen, Tuesday’s arguments challenged the justices to decide whether they are ready or willing to overturn not just legal doctrine but also embedded traditions in the name of equal rights. At what point do thousands of years no longer determine right and wrong? And if what was wrong is now right, is it up to them, instead of voters and legislators, to say that?

Why Ukraine’s Mini Sex Scandal Is a Sign of Progress

Adrei Miroshnik is having a bad week. Last Thursday, when he was still a member of the Ukrainian parliament, a sharp-eyed photographer caught him in the act of texting during a parliamentary session. That alone probably wouldn’t have amounted to much of a scandal in a national legislature known in the past for its fistfights. In this case, though, it was the content of Miroshnik’s messages that proved eye-opening. In one, he discusses booking a $27,000 family vacation to the Maldives — and mentions lying to someone he calls “the boss” about the cost of the trip. 

In another, he flirts with a woman named Olya: 
 “Instead of thinking about the country,” he writes, “I’m thinking about my beloved, who is solving global issues with an ear of corn.” The precise meaning of the cryptic remark may never be known, but it certainly sounds, shall we say, intimate. And as Ukraine’s pugnacious press has delighted in pointing out, Miroshnik’s wife’s name is Inna.

Vienna court to decide on Thursday on Ukrainian businessman Firtash's extradition to U.S.

On Thursday, a Vienna regional criminal court is to consider a request from the U.S. Department of Justice for the extradition of Ukrainian businessman Dmytro Firtash to the United States.
Not only Ukrainian press, but also Austrian and other European journalists came to the court to follow the court hearings, an Interfax-Ukraine correspondent reported.
Present at the court room are also top managers from Group DF, which unites Firtash's assets, and some Ukrainian politicians from the opposition, namely Vadym Rabinovich and Mykhailo Papiyev.
Speaking at the court room, Firtash said he disagreed with his extradition to the United States.
"It's very politically motivated," he said when commenting the U.S. request.
Then, the judge gave the floor to Firtash's lawyers.

Раскрытие информации о конечных выгодоприобретателях

Юридические лица, зарегистрированные до 25 ноября 2014 года, обязаны предоставить сведения о конечном выгодоприобретателе до 25 мая 2015 года.

В случае нераскрытия информации о выгодоприобретателе юридического лица на руководителя юридического лица или лицо, уполномоченное действовать от имени юридического лица, будет наложен штраф от 5100 - 8500 грн.

Закон Украины «О внесении изменений в некоторые законодательные акты Украины относительно определения конечных выгодополучателей юридических лиц и публичных деятелей» № 1701-VII от 14.10.2014 с 25 ноября 2014 года вводит обязанность юридических лиц сообщать о своих конечных выгодоприобретателях (бенефициариях). Все предприятия (кроме государственных и комунальных), обязаны раскрывать своего конечного выгодоприобретателя.

Цена: 250 грн.
Срок выполнения услуги: 5 рабочих дней

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Wednesday, April 29, 2015

Law of Ukraine “On the Principles of Prevention and Counteracting Discrimination in Ukraine”

Date of entry into force:
October 4, 2012


The Law determines the organizational and legal principles for preventing and counteracting discrimination in order to ensure equal opportunities to exercise human and civil rights and freedoms.

Article 1 of the Law provides definitions of terms used in it. For example, discrimination is a decision, action or inaction that aims to create restrictions or privileges regarding a person and/or group of people based on their race, skin color, political, religious and other beliefs, gender, age, disability, ethnicity or social standing, family or financial status, place of residence, language or other factors (hereinafter referred to as “specific factors”), if they make it impossible to recognize and equally exercise human and civil rights and freedoms.

According to Article 2 of the Law, the legislation of Ukraine is founded on the principle of non-discrimination, which provides for the following, regardless of specific factors:
·         ensuring the equality of rights and freedoms of persons and/or groups of people;
·         ensuring the equality of persons and/or groups of people before the law;
·         respect to the dignity of each person;
·         ensuring equal opportunities for persons and/or groups of people.

Average monthly wages and salaries by region from the beginning of year in 2015

(wage accruals per pay-roll, UAH)

January- July
January- August
January- September
January- October
January- November
January- December

Ukraine should continue reforms, EU to help with that – Commissioner Hahn

EU Commissioner for European Neighborhood Policy and Enlargement Negotiations Johannes Hahn has said that the EU expects Ukrainian authorities to jointly hold the necessary reforms.
At the International Support for Ukraine Conference in Kyiv on Tuesday, Hahn said that he hoped that Ukrainian President Petro Poroshenko, Prime Minister Arseniy Yatseniuk and the government would continue to execute the plan of reforms.
According to him, the Ukrainian government does a good job under the hardest conditions. He also said that the EU had to help Ukraine make the next most difficult steps and implement the adopted laws to change the political, administrative, trade and economic culture of the country.

May 8 and 9 must unite Ukraine

The President has underlined the need to consolidate society around the celebration of the Day of Remembrance and Reconciliation and the Day of Victory in World War II. At the meeting with Heads of District State Administrations, the President urged to involve Ukrainian heroes - combatants, veterans of the Patriotic War of 2014-2015 years in the events of May 8 and 9.

“Great-grandfathers and great-grandchildren should stand next to each other, side by side demonstrating the unity of views and absolutely obvious parallels: against whom the Ukrainian people fought then and against whom we are fighting now,” Petro Poroshenko said.

According to the President, the people of Ukraine made an invaluable contribution to the victory over Nazism in 1939-1945 with their heroism in a struggle for the liberation of Europe. “Today, Ukraine and Ukrainians are an outpost of the European civilization in a struggle for freedom, democracy and European values,” the President emphasized.

Law of Ukraine “On Industrial Parks”

Date of entry into force:
September 4, 2012


The Law determines the legal and organizational principles for creation and functioning of industrial parks on the territory of Ukraine in order to provide for economic development and increase the competitiveness of certain areas, activate investment activity, create new workplaces, and develop the modern industrial and market infrastructure.

According to Article 2 of the Law, an industrial park is a territory, determined by the industrial park initiator according to the urban planning documents and equipped with appropriate infrastructure, within which industrial park members can carry out business activity in the field of industrial production, as well as research work, and work in the field of information and telecommunications, according to the terms determined by the Law and the agreement on business activity in the industrial park.

World Bank projects Ukraine's economic decline

he World Bank projects real GDP to fall by 7.5 percent in 2015, down from 6.8 percent in 2014, the World Bank press release states.
"This lower forecast is mainly driven by the ongoing conflict that has complicated efforts to stabilize the economy, disrupted economic activities, and hurt confidence of both investors and consumers. A gradual recovery starting in 2016 is possible if the conflict abates and the authorities continue implementing much-needed macroeconomic and structural reforms," press release says.
However, the World Bank believes that further escalation of the conflict in the east may deepen economic decline in 2015 and delay recovery over the next few years via several channels: damage of production facilities and infrastructure, lower exports, higher security-related spending, and indirectly through further deterioration of consumer and investor confidence.
As a reminder, the World Bank's current lending portfolio in Ukraine amounts to about US$4.6 billion through 15 operations. Since Ukraine joined the World Bank in 1992, the Bank's commitments to the country have totaled over US$9 billion for 45 projects and programs.

The Ukrainian Government offers a new pension scheme for Ukrainian citizens

On Wednesday, April 29, at its session the Cabinet of Ministers of Ukraine approved a package of four bills that are designed to cardinally change the principles of functioning of the Ukrainian pension system.
The Ukrainian Government offers a new pension scheme for Ukrainian citizens, which determines that pensions shall be financed from three sources – solidarity, cumulative and non-public levels.
The existing solidarity system will be improved by abolishing inappropriate functions and elimination of special pensions from January 1, 2016. At this, a system of professional pensions for the categories of beneficiaries who really need it will be preserved.
According to the officials, the State guarantees to the citizens control over preserving and use of funds in the cumulative system. Under the aegis of the Pension Fund a special body will be established to deal with public administration of funds people have accumulated. In particular, the Council of the cumulative fund will engage companies on a competitive basis to manage the assets whose activities will be supervised by the authorities.

Obama again puts Russian aggression in Ukraine on par with threats from Ebola virus, ISIL

The United States and Japan oppose Russia's aggression against Ukraine, U.S. President Barack Obama said during a joint press conference with Japanese Prime Minister Shinzo Abe on Tuesday.
"We are two global partners that stand together for security and human dignity around the world – opposing Russia's aggression against Ukraine, providing relief to innocent civilians threatened by ISIL [Islamic State of Iraq and the Levant], combating Ebola and promoting global health, and now offering help to the people of Nepal, who are in our prayers today," Obama told journalists.

Earlier, speaking at the G20 summit in Brisbane, Australia, Obama said: "We're leading in dealing with Ebola in West Africa and in opposing Russia's aggression against Ukraine, which is a threat to the world, as we saw in the appalling shoot-down of MH17."

History of the High Qualification Commission of Judges of Ukraine

On June 7, 2010 the Verkhovna Rada of Ukraine adopted the Law of Ukraine “On the Judiciary and Status of Judges”. This law confirmed the status of the High Qualification Commission of Judges of Ukraine as a permanent body in the judicial system of Ukraine and became the first milestone in reforming the Ukrainian judiciary.
Prior to this, the Commission acted on a voluntary basis (pro bono publico).
The specified legal status of the High Qualification Commission of Judges created conditions for ensuring stable, timely and qualitative filling of courts with professional judges, as well as securing effective and objective consideration of issues of disciplinary liability of judges.
According to the Law, the High Qualification Commission of Judges is responsible for appointment and selection of judges, special training of judges and conducting of disciplinary proceedings against them. The issues of special training for candidates to a judicial position, training of judges and improvement of their qualification level, as well as conducting scientific research were imposed on the National School of Judges, established under the High Qualification Commission of Judges of Ukraine.
The Commission is composed of eleven members.
According to Article 92 of the Law of Ukraine “On the Judiciary and Status of Judges”, on September 16, 2010 at the 10th unscheduled meeting of judges of Ukraine Volodymyr Masliy, the judge of Kyiv Administrative Court of Appeal, Galyna Kolesnik, the judge of Donetsk Administrative Court of Appeal, Lidiia Gorbatchova, the judge of Kharkiv Commercial Court of Appeal, Victor Shargalo, the judge of the High Economic Court of Ukraine, Mykola Pinchyk, the judge of the Supreme Court of Ukraine, and Anatoliy Martcynkevych, the First Deputy Head of the Court of Appeal of Khmelnitsky region, by secret ballot were elected members of the High Qualification Commission of Judges of Ukraine. Ihor Samsin, the judge of the Supreme Court of Ukraine, who headed the Commission on a voluntary basis during 2006-2009, was appointed by order of the Head of the State Court Administration. Dmytro Sokurenko, the Head of the Department of Justice in Kiev, was appointed by quota of Ministry of Justice. Nina Fadeeva, the judge on retirement, joined the Commission under the quota of the Verkhovna Rada of Ukraine on Human Rights.

Statehood and Law of the independent State of Ukraine

Tamara Gogus,
Chief of sector for public information
access and appeals of citizens of the
Secretariat of the High Qualification
Commission of Judges of Ukraine
UDS 342.1
Statehood and Law of the independent State of Ukraine
This article highlights issues related to formation about current governmental system and process of Ukrainian independence. It also emphasizes the historical assumptions of constitutional development process in Ukraine.
The actuality of the topic is that the creation of democratic country and the development of law-based State are impossible without taking into account mistakes of the past. It is a long and complicated process that requires efforts from both as government, as well as public institutions.
Keywords: State system, system element, independence, formation principles, political map, the constitutional process.
Formation of the present State system of Ukraine
The State system is the integrated system of internally organized elements, and has unified principles, objectives and purpose of its activity. Each of the subjects of State as its system element is organically related to other elements and functioning of the system in general.
Ukraine on the path to independence
The last decade of the XX century entered History with significant geopolitical changes. Among different new political realities there was a creation of the independent Ukrainian State among other countries on post soviet space.
Prerequisites for global changes on the continent were the overcoming of a military and political confrontation between East and West, the collapse of communism regime and the re-orientation of some countries from the principles and values of Western Democracy.

Kiev Mayor Klitschko: 'Fighting for our future'

Kiev's mayor has two priorities when it comes to Ukraine's economic recovery: Wiping out corruption and attracting investors.

"Almost one year ago, we saw a Kiev which was destroyed," said Mayor Vitaliy Klitschko, referring to last year's deadly pro-EU protests on Kiev's main square, or Maidan. Today, he added, "Kiev is safe. We have the situation under control. We just have an unstable situation in Donetsk and Luhansk."

That "unstable situation" is nearly 500 miles to the east of Kiev, where fighting between Russian rebels and Ukrainians has not only hindered Ukraine's progress, it has cost more than 6,000 people their lives.

A ceasefire has been in place since February but the situation remains tenuous.
"This is a war without reason," Klitschko told CNNMoney. "This war was created not in Ukraine but outside of Ukraine from someone who had a dream to build big Russian empire. We don't want to go back to USSR."

Poroshenko takes on Ukraine’s oligarchs

Nearly a year after he was elected president of Ukraine, the challenges facing Petro Poroshenko remain daunting. A ceasefire agreement between Kiev and Russian-backed rebels in the east of the country has contained, but not stopped, Moscow’s aggression. The Ukrainian economy is in crisis, with GDP estimated to have fallen 15 per cent, year on year, in the first quarter of 2015. International efforts to shore up the nation’s finances still rely on Ukraine reaching a debt restructuring agreement with bondholders to bridge a $15bn gap.

Against that background, it is greatly to Mr Poroshenko’s credit that the government is pressing ahead with urgently-needed — but painful — economic reforms. It has implemented new public procurement and anti-corruption legislation. It is working hard to reform the energy sector, opening the gas market to investors. A vital test is how it proceeds with a clampdown on a small group of billionaire oligarchs whose activities dominate economic life. Whether it can tackle this issue successfully will be critical to the fate of the government — and of the country.

"Black necklace" - the installation of Zinaїda Lihacheva

As part of the Venice Biennale will host an exhibition of Ukrainian artist Zinaїda Lihacheva "Black Necklace," which opens May 9 at Palazzo Bembo. Installation includes sculptural elements, video projection, musical arrangement, will present rethinking copyright symbols Ukrainian traditional wedding ceremony.

Biden shares with Kyiv what the Kremlin fears most

Russia fears a prosperous and democratic Ukraine.
U.S. Vice President Joseph Biden said this in a video address to the participants of the International Support for Ukraine Conference, an Ukrinform correspondent reports.
"The Kremlin's pivotal fear is a prosperous, democratic, independent and reform-oriented Ukraine that cannot be bribed or intimidated. This is something that you should continue to build. Your friends and relatives living in Russia have to see what your country can achieve by conducting real reforms," he said.
According to Biden, reforms for Ukraine are not only the issue of good governance but also "the issue of self-defense."
However, Vice President expressed his support for establishing anti-corruption bureau, adopting new laws aimed at fighting corruption, reorganization of regulatory authorities, and reforming Ukraine's pension system and police.

Law of Ukraine “On Collective Investment Institutions”

Date of entry into force:
January 1, 2014


The Law is directed at ensuring attraction and effective allocation of the investors’ financial resources; determines the legal and organizational principles for creation, work and termination of collective investment entities, specifics of management of assets of such entities; and establishes requirements to the makeup, structure and storage of such assets, the specifics of issue, trade, accounting and buyout of securities of collective investment institutions, and the procedure for disclosing information about their work.

Article 1 of the Law provides definitions of terms used in it. For example:
·         assets of a collective investment institutions are the sum of property, participatory interests, property rights and claims, and other assets provided for by laws and legal acts of the Securities and Stock Market National Commission (hereinafter referred to as “Commission”), formed at the expense of the collective investment resources;
·         Single State Register of Collective Investment Institutes (hereinafter referred to as “Register”) is the sum of records about collective investment institutions that contain information determined by the normative legal acts of the Commission;
·         collective investment institution is a corporate or share fund;
·         collective investment resources are monetary funds contributed by the corporate fund founders; monetary funds, and, in cases provided by the Law, other assets, attracted from participants of the collective investment institution; income from operations with assets of the collective investment institution; income accrued on assets of the collective investment institution; and other operational income of the collective investment institution (loan interests, rent (lease) payments, royalties, etc.). Monetary funds contributed by the corporate fund founders are considered to be collective investment resources after the fund is entered into the Register.