About The Temporary Measures For The Period Of The Anti-Terrorist Operation

Original Language Title: Про тимчасові заходи на період проведення антитерористичної операції

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Law on temporary measures for the period of conducting anti-terrorist operations (Supreme Council (BD), 2014, no. 44, 1985) {amended pursuant to law No. 189-VIII from 12.02.2015, VVR, 2015, no. 16, item 112} establishes the temporary measures to support businesses that operate on the territory of conducting anti-terrorist operations and persons who reside in the area of conducting anti-terrorist operations or moved out of it during it.

Article 1. Definition of terms during the counter-terrorism operation-the time between the date of entry into force of the Decree of President of Ukraine "about national security and Defense Council of Ukraine dated April 13, 2014" on urgent measures to overcome the terrorist threat and the preservation of the territorial integrity of Ukraine from April 14, 2014 No. 405/2014 and the date of entry into force of the Decree of President of Ukraine of conducting anti-terrorist operations or military action on the territory of Ukraine.

Territory of the anti-terrorist operation – the territory of Ukraine, which are places defined in approved by the Cabinet of Ministers of Ukraine list, where conducted counter-terrorism operation launched in accordance with the Decree of the President of Ukraine "about national security and Defense Council of Ukraine dated April 13, 2014" on urgent measures to overcome the terrorist threat and the preservation of the territorial integrity of Ukraine from April 14, 2014 No. 405/2014.

Article 2. Moratorium on accrual of penalties and fines for the principal debt downgrades On the anti-terrorist operation are prohibited from charging fines and/or penalties imposed on the principal debt of obligations under loan agreements and loan agreements with 14 April 2014, citizens of Ukraine who registered and permanently or moved in the period from 14 April 2014 with settlements identified in the approved by the Cabinet of Ministers of Ukraine list where the operation was carried out, as well as counter-terrorism legal entities and natural persons-entrepreneurs conduct (by) their economic activity on the territory of settlements identified in the approved by the Cabinet of Ministers of Ukraine list, where conducted counter-terrorism operation.

Banks and other financial institutions, as well as the lenders are obliged to cancel the specified in this article faces a penalty and/or penalties accrued on the principal of the debt obligations under loan agreements and loan agreements in the period of the anti-terrorist operation.

Article 3. A moratorium on inspections by the authorities and officials empowered by law to exercise State supervision (control) in the sphere of economic activity of Bodies and officials authorized by law to exercise State supervision (control) in the sphere of economic activity in the period and on the territory of conducting anti-terrorist operations temporarily prohibited conduct scheduled and unscheduled inspections of businesses that operate in the area of conducting anti-terrorist operations, except for unscheduled inspections of businesses that according to the approved by the Cabinet of Ministers of Ukraine evaluation criteria on the degree of risk from business activity related to the subjects with a high degree of risk.

Article 4. Features of the State registration of legal entities and natural persons-entrepreneurs for persons registered and moved from the territory of conducting anti-terrorist operations during the registration of an individual entrepreneur is carried out by State registrars at temporary residence without the requirement of public registers registration services territorial Ministry of Justice of Ukraine in the regions and the city of Kyiv on the availability of registration of place of residence according to the place of incorporation.

That the conduct of incorporation to change the location of the juridical persons and place of residence of natural persons-entrepreneurs, location/place of residence which is the territory of the anti-terrorist operation, carried out on legal entities and natural persons-entrepreneurs by State registrars registration services territorial Ministry of Justice of Ukraine in the oblasts and in Kiev.

Conduct incorporation, associated with a change in the composition of the founders (participants) and the head of a legal person, the location of which is the territory of anti-terrorist operations, for the period of the promotion is prohibited.

Article 5. The action of the permissive nature of the licences and permits, issued to entities that carry out activities in the conduct of anti-terrorist operations, the period of validity of which expired in the period of the promotion, shall be deemed to have continued its action for the period of the anti-terrorist operation.

Article 6. Exemption from payment for the use of land plots of State and communal property during the counter-terrorism operation release the entities that carry out activities in the conduct of anti-terrorist operations, from paying for the use of land plots of State and communal property.

Article 7. The cancellation of the rent for the use of State and municipal property of the Cancel in the period of the anti-terrorist operation, the rent for the use of State and municipal property entities that carry out activities in the conduct of anti-terrorist operations.

Article 8. Moratorium on charging a penalty for failure to make payments for housing and communal services to cancel the penalty for failure to make payments for housing and communal services (water, gas, electricity and heat supply, maintenance, and operation of housing and adjacent territories, smìttêzbirannâ, lifts), provided the citizens of Ukraine who live in settlements identified in the approved by the Cabinet of Ministers of Ukraine list, where conducted counter-terrorism operation launched in accordance with the Decree of the President of Ukraine "about national security and Defense Council of Ukraine dated April 13, 2014" on urgent measures to address terrorist threats and preserving the territorial integrity of Ukraine from April 14, 2014 No. 405/2014, during the period from 14 April 2014 before the end of the anti-terrorist operation. The funds recovered from citizens in the form of penalties for failure to make payments for housing and communal services in the period from 14 April 2014 before the end of the anti-terrorist operation are in future payments for housing and communal services.

Article 9. Measures for the conservation of the property, which is located in the mortgage during the term of this law for real property located on the territory of conducting anti-terrorist operations belonging to citizens of Ukraine (including individual entrepreneurs) or legal persons-subjects of small and medium entrepreneurship and is found in the mortgage, stops the action article 37 (part of the realization of the rights of the mortgagee to obtain the ownership of the mortgaged property), article 38 (part of the realization of the rights of the mortgagee to sell the subject of mortgage) Article 40 (part of the eviction from homes and buildings transferred to mortgage, on which there is a judgment of foreclosure on such objects), articles 41, 43-47 (as part of the implementation of the subject of mortgage on public bidding) of the law of Ukraine "on mortgage".

Article 9-1. Ensure the implementation of the right to inheritance in the case of the last place of residence spadkodavcâ is a settlement on the territory of which the authorities temporarily carrying out or exercising is not the full extent of his powers, approved the decision of the Cabinet of Ministers of Ukraine, the place of opening of the heritage is a place of filing of the first application, indicating that voting on the ancestral estate, heirs, executors of the Covenant, persons interested in the protection of the ancestral property or the requirements of lenders.

If the place of residence spadkodavcâ is unknown, and real property or a major part of it, in the absence of real property-the main part of the movable property located on the territory contemplated by part one of this article, the place of opening of the heritage is a place of filing of the first application, indicating that voting on the ancestral estate, heirs, executors of the Covenant, persons interested in the protection of the ancestral property, or claims of creditors.

Hereditary it is subject to registration in the register of a legacy in the manner approved by the Cabinet of Ministers of Ukraine.

{The Act amended article 9-1 according to law No. 189-VIII from 12.02.2015} Article 10. Confirmation of force majeure during the validity of this Act is the only proper and sufficient document, confirming the occurrence of force majeure (force majeure), that took place on the territory of conducting anti-terrorist operations as grounds for exemption from liability for non-performance (improper performance), a certificate of the Chamber of Commerce in Ukraine.

Article 11. Final and transitional provisions 1. This Act shall take effect from the day following the day of its publication, and expires after six months from the date of completion of the anti-terrorist operation, except for paragraph 4 of article 11 "final and transitional provisions" of the Act.

2. The action of this law covers the period of the anti-terrorist operation and for six months after the date of its completion.

3. the laws and other normative-legal acts of Ukraine acting in the part that does not contradict this law.

4. Make changes to the following laws: 1) to the law of Ukraine "on the procedure for making payments in foreign currency" (the Supreme Council of Ukraine, 1994, no. 40, 364; 1996, no. 28, item 135; 2004, no. 19, 270; 2007, no. 44, 510; 2013, no. 50, art. 696): a) the first part of article 4 to such wording :
"Violation of the residents, in addition to entities that carry out activities in the conduct of anti-terrorist operations in the period of the terms stipulated in articles 1 and 2 of this Act or established by the National Bank of Ukraine in accordance with articles 1 and 2 of this law entails the collection of fines for each day of delay amounting to 0.3 percent of the amount of neoderžanoï proceeds (cost nedopostavlenogo) in foreign currency, transferred in a currency of Ukraine for the exchange rate of the National Bank of Ukraine on the day of origination of debt. The total size of the assessed penalty may not exceed the amount of the revenue neoderžanoï (nedopostavlenogo value);

b) of the seventh article 6 the words "appropriate certificate" replace the word "certificate", and after the words "Chamber of Commerce" add the words "of the force majeure circumstances (circumstances of insuperable force);

2) in the law of Ukraine "on the Chamber of Commerce in Ukraine (Supreme Council of Ukraine, 1998, no. 13, art. 52; 2002, no. 16, item 114; 2010, no. 34, item 486; 2011, no. 41, 413; 2014, no. 5, 62, no. 24, item 885): a) the third paragraph of part three article 14 to lay out in the following wording:" certifying the force majeure (circumstances of insuperable force) as well as trading and port customs, accepted in Ukraine, its entities and individuals ";

b) to supplement article 14-1 of the following contents: "article 14-1. Issuance of certificates on force majeure circumstances (force majeure) 1. Commercial and Industrial Chamber of Ukraine and authorized her regional chambers of Commerce certify force majeure (circumstances of insuperable force) and issue a certificate of such circumstances within seven days from the date of the appeal of the economic entity at cost. Certificate of force majeure (circumstances of insuperable force) for small businesses seem to be free.

2. Force majeure (circumstances of insuperable force) is extraordinary and imminent circumstances objectively make it impossible the fulfillment of obligations under the terms of the agreement (contract, agreement, etc.), the duties in accordance with legislative and other normative acts, namely, the threat of war, armed conflict or serious threat of such conflict, including but not limited to hostile attacks, blokadami, a military embargo, foreign enemy, general military mobilization, war, declared or undeclared war action of public enemy, disturbance, acts of terrorism, diversion, piracy, strife, invasion, blockade, revolution, rebellion, insurrection, riots, curfews, expropriation, forced removal, capture enterprises, rekvìzicìâ, public demonstration, blockade, strike, accidents, illegal actions of third persons, fire, explosion, long breaks, regulated the terms of the relevant decisions and acts of State authorities, the closing of sea straits, embargo, prohibition (restriction) export/import, etc., as well as caused by the exceptional weather conditions and disasters namely: the epidemic, the strong storm, cyclone, hurricane, Tornado, hurricane, flood, accumulation of snow, ice, hail, freezing, freezing seas, Straits, ports, passes, earthquake, lightning, fire, drought, subsidence and landslide, other natural disasters, etc.;

paragraph 3) in the first part of article 3 of the law of Ukraine "on regulation of barter (barter) operations in the field of foreign economic activity" (Supreme Council of Ukraine, 1999, no. 5-6, art. 44) the words "circumstances of insuperable force or force majeure" replace the words "force majeure (circumstances of insuperable force);

4) the first part of article 14 of the law of Ukraine "on accounting and financial reporting in Ukraine" (Supreme Council of Ukraine, 1999, no. 40, 365; 2011, no. 36, item 362) supplemented the paragraph's second such content: "within the framework of the implementation of the measures provided by the law of Ukraine" on temporary measures for the period of the anti-terrorist operation, "the business entities that carry out activities in the conduct of anti-terrorist operations for a period it shall be exempt from liability for failure to comply with terms provided for the presentation of financial statements ";

5) article 14 of the law of Ukraine "on licensing of certain types of economic activity" (Supreme Council of Ukraine, 2000, no. 36, item 299 with the following changes) after part four add a new part of the following content: "when the term of the license to the kinds of economic activities defined in article 9 of this law, entities engaged in activities in the conduct of the anti-terrorist operation, the period of validity of the license is considered to be extended for the period of the anti-terrorist operation".

In this regard, part of the fifth-čotirnadcâtu considered in accordance with parts of sixth-15th;

6) paragraph five part two article 35 of the law of Ukraine "on State registration of legal entities and individual entrepreneurs" (Supreme Council of Ukraine, 2003, # 31-32, 263; 2011, no. 46, item 512) deleted;

7) article 4-1 of the law of Ukraine "about the permitting system in the branch of economic activity (the Supreme Council of Ukraine, 2005, no. 48, article 483 of the following amendments) add to part of the fourteenth such content:" 14. Permits, issued to entities that carry out activities in the conduct of anti-terrorist operations, are lengthened the term of its validity period of the anti-terrorist operation, permitting authorities within three days of making the information in the register of permissive nature ";

8) in the law of Ukraine "about the collection and accounting of single contributions to the compulsory State social insurance" (Supreme Council of Ukraine, 2011, no. 2-3, article 11, Nos. 13-17, c. 112; 2013, no. 9-13, 88, no. 15, 108, no. 32,. 413; 2014, no. 6-7, 80, no. 13, 220, no. 20-21, 712, no. 29, article 942) : a) the second part of the seventh article 7, put in the following wording: "is not charged on payments and not withheld a single contribution of payments compensated from the budget within the average earnings of workers conscripted into military service and conscription during mobilization, the special period";

b) Chapter VIII "final and transitional provisions" Add item 9-3 the following contents: 9-3. Payers of the single contribution prescribed in article 4 of the law of Ukraine "about the collection and accounting of single contributions to the compulsory State social insurance", which are registered in the income and charges located within the settlements, defined by the list referred to in article 2 of the law on temporary measures for the period of the anti-terrorist operation where conducted counter-terrorism operation launched in accordance with the Decree of the President of Ukraine "about national security and Defense Council of Ukraine dated April 13, 2014" on urgent measures to overcome the terrorist threat and the preservation of the territorial integrity of Ukraine from April 14, 2014 No. 405/2014, are exempted from the duties specified in article 6, second part of the law of Ukraine "about the collection and accounting of single contributions to the compulsory State social insurance", for the period from 14 April 2014 before the end of the anti-terrorist operation or military or emergency.

The reason for this release is a statement of the payer of a single contribution, which is fed to the body of the income and charges for the main place of accounting or the place of his temporary residence in any form not later than thirty calendar days following the day of the end of the anti-terrorist operation.

Liability, penalties and financial sanctions provided for by this law for non-fulfillment of obligations of the payer of a single fee in the period from 14 April 2014 before the end of the anti-terrorist operation, the payers of single payment referred to in this paragraph do not apply.

Nedoïmka the payers of the single contribution, which are registered in the income and charges located within the settlements, defined by the list referred to in article 2 of the law on temporary measures for the period of the anti-terrorist operation where conducted counter-terrorism operation launched in accordance with the Decree of the President of Ukraine "about national security and Defense Council of Ukraine dated April 13, 2014" on urgent measures to overcome the terrorist threat and the preservation of the territorial integrity of Ukraine from April 14, 2014 No. 405/2014 recognised dud and be written off in the manner prescribed by the tax code of Ukraine for the write-off of hopeless tax debt ";

9) article 5 of the law of Ukraine "on public procurements" (Supreme Council of Ukraine, 2014, no. 24, item 883) add to part 4 of the following contents: "4. In accordance with the approved by the Cabinet of Ministers of Ukraine of the list of individual goods and services are purchased exclusively in the entities registered and carry out economic activity on the territory of conducting anti-terrorist operations to restore the infrastructure of cities after its completion.

5. The Cabinet of Ministers of Ukraine in the ten-day period from the date of publication of this law: to ensure adoption in accordance with their competence regulations stemming from this law;

approve the list of settlements on territory which was started by the operation, counter-terrorism in accordance with Decree of the President of Ukraine "about national security and Defense Council of Ukraine dated April 13, 2014" on urgent measures to overcome the terrorist threat and the preservation of the territorial integrity of Ukraine from April 14, 2014 No. 405/2014, during the period from 14 April 2014 to its end;

in the ten-day period from the date of the end of the anti-terrorist operation, take final list;

to bring their regulations into conformity with this Act;
ensure the development and revision of ministries and other central bodies of executive power of Ukraine their legal acts stemming from this law.

6. the National Bank of Ukraine within ten days from the date of enactment of this Act: to bring their regulations into conformity with article 2 of this law;

provide the appropriate disposal of all banks on the territory of Ukraine, regardless of the form of ownership to ensure the implementation of article 2 of this law.

7. Recommend to the National Bank of Ukraine to take measures to ensure safety and to guarantee the preservation of financial resources of the entities, which carry out activities in the conduct of anti-terrorist operations, and those who live in the area of conducting anti-terrorist operations by the possibilities of the implementation of cashless payments and receiving cash in the multibranch network of ATMs and cash points of banks-partners without paying Commission.

The President of Ukraine p. POROSHENKO Kyiv September 2, 2014 # 1669-VII

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