Ukraine : COVID-19 virus related legal alert

 

I.QUARANTINE AND OTHER RESTRICTIVE MEASURES THROUGHOUT UKRAINE

Starting from 17 March 2020, Kyiv and other big Ukrainian cities introduced restrictions in connection with the spread of the Coronavirus (COVID-19). Almost all establishments are closed. Restaurants, including fast food restaurants, cafes, bars, and shopping malls are also closed. Only grocery stores and supermarkets, gas stations, banks and ATMs are allowed to continue to operate.

Movement of people between the capital and other points within Ukraine is restricted. All cultural, sporting, social, religious and other mass events are banned. Starting from today, 18 March 2020, the subway has stopped in Kyiv, Kharkiv and Dnipro, while the number of people in one car of public transport was limited. People are officially allowed to work from home for the duration of the quarantine
introduced because of the coronavirus.

On 17 March 2020, the Verkhovna Rada of Ukraine adopted draft law no. 3219 ‘Amending certain Legislative Acts of Ukraine with a view to Preventing Occurrence and Spread of the coronavirus (COVID-19)’ (the ‘Law’). The Law sets forth the following restrictions for the duration of the quarantine and restrictive measure related to the spread of the coronavirus (COVID-19). The Law was signed by the
President of Ukraine and is expected to be shortly published.

1. Force-majeure
The Law enables the Ukrainian Chamber of Commerce to certify the occurrence of force-majeure in contracts with reference to the quarantine introduced by the Ukrainian government.

2. Vacations and working from home
For the duration of the quarantine or restrictive measures, employers may ask employees to work from home or to allow employees go on a vacation leave, if they so wish. Unpaid vacation leave taken during the quarantine will not be counted towards the maximum unpaid leave allowance established by the law.

3. Opening hours of businesses
Owners of companies may change their opening hours for accepting visitors and providing services. Information about such changes must be communicated to individuals through websites and through other communication channels.

4. Foreigners
A ban upon cancelation of a certificate of registration of an internally displace person will be put in place (for the duration of the quarantine and 30 days after its abolishment); a ban upon imposition of administrative sanctions against foreigners and stateless persons who were not able to leave Ukraine or file a request with the offices of the State Migration Service for the extension of their permitted stay in
Ukraine in connection with the quarantine.

5. State supervision and administrative services
For the duration of the quarantine (restrictive measures), governmental authorities are prohibited from carrying out scheduled measures with regard to state control (supervision) over commercial activities.
Deadlines for rendering of administrative and other services are suspended.

6. Unemployed persons
The Cabinet of Ministers is instructed to adopt resolutions and to draft laws designed to register people who are looking for work from the first day when they filed an application and to pay unemployment benefits to them from day one.

7. Taxes and duties
Importation into Ukraine of medicines, medical appliances and equipment required for prevention, containment and liquidation of the coronavirus are exempted from payment of VAT. The Customs Code provides for their exemption from import duty and fast-track customs clearance. These rules will remain in effect for three months.

8. Public procurement
The procurement of goods, works or services required for the prevention, containment or liquidation of outbreaks, epidemics or pandemics of the coronavirus is temporarily exempted from the public rocurement tender formalities. Such goods, works or services will be detailed by the Cabinet of inisters. The purchaser will be required to publish a report about executed contracts, the procurement contract and all annexes thereto, the report on implementation of the contract in the electronic procurement system as required by the law.

9. Responsibility
Administrative responsibility: any violation of rules with respect to the quarantine of people, sanitary, hygienic and anti-epidemic rules established by the laws or decisions of local authorities will be unished by a fine of between 17 and up to 34 thousand hryvnias, while officials will face a fine of between 24 and up to 170 thousand hryvnias.

Criminal responsibility: a fine for a violation of rules established with a view to preventing epidemic and other infectious diseases if they caused or could have knowingly cased the spread of such diseases mounts to from 17 up to 51 thousand hryvnias. Alternatively, the person may face imprisonment for up o 3 years.

II.GOVERNMENT'S STEPS TO SUPPORT BUSINESSES

On 17 March 2020, the Verkhovna Rada of Ukraine adopted draft law no. 3220 ‘Amending the Tax Code of Ukraine and other Laws of Ukraine with a view to Supporting Tax Payers for the Duration of the Measures Implemented to Prevent the Occurrence and Spread of the coronavirus (COVID-19)’ (the ‘Law’). The Law was signed by the President of Ukraine and is expected to be shortly published.

The Law introduces the following changes to the Tax Code of Ukraine:

1. Suspension of application of penalties for late payments of taxes
No penalties will be applied for violations of the tax laws during the period from 1 March through 31 May 2020, apart from the penalties for:
– violation of requirements to long-term life insurance contracts or insurance contracts executed as part of private pensions programmes;
– sale of assets held as a tax lien without consent of the controlling body;
– violation of the rules of accounting, production and circulation of fuel or ethyl spirit at excise arehouse, used on the general grounds;
– violations of calculation, declaration and payment of the value added tax, excise tax and rental payments.

During the period from 1 March through 31 May 2020, tax payers are not charged a penalty, while accessed penalties for this period that have not ben paid will be written off.

2. Moratorium on tax audits
A moratorium was introduced for documentary and onsite audits for the period from 18 March through 31 May 2020. Documentary and onsite audits which were commenced prior to 18 March 2020 and have not been completed, will be temporarily suspended until 31 May 2020.

3. Suspension of statutory limitation periods

The Law envisages that statutes of limitation are suspended for the period from 18 March through 31 May 2020.

4. Real estate tax
Among above mentioned changes, the land charges (land tax and rental fee for state and municipally owned land plots) for land owned or used by individuals or legal entities in their commercial activities are not accrued and will not be paid from 1 March through 30 April.

Non-residential real estate owned by individuals and legal entities will not be subject to real estate taxes from March 1 through 30 April 2020.

5. Unified social charge
Starting from 1 March through 30 April 2020:
– all private entrepreneurs and those engaged in independent professional activities will not be subject to the unified social charge;
– penalties and fines for overdue or insufficient payment of the unified social charge will be waived, the same will apply for over submission of the accompanying reports.

6. Wealth and personal income return declarations
The deadline for filing of the wealth and income return was extended until 1 July 2020.

7. Cash registries’ reform postponed
The mandatory introduction of cash registries was postponed by 3 months for all categories of usinesses working on the simplified tax regime.

Our last newsletters

Sanctions Against Russia. Recent Developments

On 23 February 2024 European Union and the United States introduced a new round of sanctions targeting Russia. The 13th package of European sanctions provides for new individual sanctions, sectoral sanctions, export restrictions. Additionally, EU added the United Kingdom to the list of partner countries for the iron and steel import restrictions. American sanctions include […]

Moscow Desk

+

Newsflash – Corporate – Venture Capital – French government announcements to support Innovative Startup Companies (JEI)

For the occasion of the French Tech’s 10th anniversary, new measures stemming from the  report of Parliament Member Paul Midy (for which Jeantet had been consulted) have been announced. These measures, which aim at supporting the French startup ecosystem, should be included in the next Finance Act for 2024. ► Doubling of companies eligible to […]

| CORPORATE – M&A – PRIVATE EQUITY

+

Russian Counter Measures. Recent Developments

On 23 August, the Russian Ministry of Finance partially lifted a ban for the payment of dividends to foreign shareholders in case such shareholders have invested in the Russian economy. On 8 August, the Russian President suspended certain provisions of double tax treaties. Suspended provisions include tax regime for dividends, real estate, business profit, etc […]

Moscow Desk

+

Sanctions Against Russia. Recent Developments

On 23 June 2023, the EU introduced 11th package of sanctions. It primarily focuses on measures that would prevent circumvention of sanctions. It also includes new import and export restrictions and individual designations. Switzerland has joined European Union in sanctions targeting entities and individuals and may join other sanctions within the 11th package in August. […]

Moscow Desk

+

Newsletter – Tax law

Read the Jeantet Newsletter dedicated to Tax Law, covering issues related to : Transactional taxation Group taxation International Taxation Taxation of LBO transactions Non-profit organizations For more information, please download the Newsletter.

Paris | TAX

+

Russian Counter Measures

On 25 April 2023 Russian President issued a decree establishing cases authorizing him to introduce the regime of external management of certain assets owned by foreign residents. Namely, under the decree, the President may establish the regime of external management, if Russia, or its entities and individuals become deprived or risk of being deprived of […]

Moscow Desk

+

Russian counter measures and measures aimed at business support. Recent developments

Special regime for transactions involving securities On 3 March 2023 Russian President issued Decree No. 138 establishing additional measures involving securities. Namely, the new Decree establishes a specific procedure for transactions / operations involving: shares of Russian joint-stock companies, sovereign bonds, bonds of a Russian issuer, held in collective safe custody of a Russian depository, […]

Moscow Desk

+

Sanctions against Russia. Recent developments (2 march 2023 update)

By the end of February, the EU, US and UK announced new rounds of sanctions, all of them including restrictions targeting prominent Russian financial institutions The EU package includes individual listings of Russian entities and individuals and additional exports restrictions. The US sanctions provide for sectoral sanctions targeting Russian mining and metals sector, as well […]

Moscow Desk

+

Russian counter measures. Recent developments ( 12 january 2023 update)

Governmental Commission on Foreign Investments revised rules on the sale of assets and the payment of dividends On 30 December 2022, Russian Governmental Subcommission of the Commission of the Ministry of Finance on Foreign Investments (the – Commission) published revised rules and criteria for authorization of the sale of assets in Russian companies involving persons […]

Moscow Desk

+

Sanctions against Russia. Recent Developments (21 December 2022 update)

This December, the EU introduced a series of restrictive measures targeting Russia. Council of the EU approved the ninth package of sanctions. Additionally, the European Commission proposed framework that would amend the Lisbon Treaty and harmonize criminalization of violation of sanctions at the level of the Union. Finally, the EU introduced a price cap for […]

Moscow Desk

+

Russian counter measures. Recent developments (21 December 2022 update)

Russia has adopted a series of new measures. Namely, the President introduced new restrictions concerning certain transactions involving credit organizations and joint-stock companies that are not credit organizations. The Russian Central Bank issued decision expanding the scope of application of type C accounts. Moreover, the Ministry of Finance issued clarifications on the scope of transactions […]

Moscow Desk

+