News (#09 September 2018)

Law digest

Family farms encouraged

Ukrainian President Petro Poroshenko has signed the Law On Amendments to the Tax Code of Ukraine and Certain Laws of Ukraine on Encouraging Establishment and Operation of Family Farms. The amendments envisage assigning individual entrepreneurs who established a farm to be single tax payers of group four, subject to compliance with the set of certain criteria and definition of peculiarities of their state registration/cancellation of registration, tax accounting and reporting, payment of single tax, etc.

It also provides for state aid regarding payment of a unified contribution for compulsory state social insurance (from 10% to 90% of the minimum insurance contribution) for each member of the family farm for 10 years at the expense of the State Budget of Ukraine through the mechanism of receiving additional payments related to the unified contribution for compulsory state social insurance for the benefit of insured persons-members of the family farm.


Prevention of illegal land grabbing in Ukraine

President P. Poroshenko has signed the Law of Ukraine On Amendments to Certain Legislative Acts of Ukraine regarding Addressing the Issue of Collective Ownership of Land, Improving Land Use Rules regarding Aggregations of Agricultural Lands, Preventing
Illegal Takeover and Stimulating Irrigation in Ukraine of 10 July 2018, No. 2498-VIII

The law establishes the features of the use and disposal of land plots located in aggregations of agricultural lands, as well as field-protective belts limiting such aggregation. In particular, it sets out the right of the owners, land users of agricultural land plots intended for establishment of a personal farm household, a farming enterprise, located within aggregation of agricultural lands, to use the abovementioned also for commercial agriculture without changing the intended purpose of such land plots.
It also establishes the right of owners of land plots of all forms of ownership, located within arrangements of agricultural lands, to exchange such land plots.

It also sets out features regarding disposal and use of lands, which remained in communal ownership after the distribution of land plots between the owners of land plots (shares). In particular, the law recognizes lands of communal agricultural enterprises that have been terminated (except for privately-owned land plots) as property of the territorial communities, in whose territory these are located.

The law comes into force from the day following the day on which it is made public.


Changed procedure of information disclosure regarding applications for marks for goods and services

Ukrpatent has changed the procedure of information disclosure regarding applications for marks for goods and services to meet the needs of users regarding acquisition of intellectual property rights for marks for goods and services, to improve conditions for exercising the right of all persons to file objections against applications for marks pursuant to paragraph 8 of Article 10 of the Law On Protection of Rights to Marks for Goods and Services, and to reduce the periods for examination of applications.

From 1 August 2018, Ukrpatent will publish information about the mentioned applications after establishment that such an application has been found to comply with the requirements of Article 8 of the said law and subject to availability of a document confirming payment of charges for application submission. That is, immediately after sending the notice to the applicant on the date specified for submission of the application.

The changed procedure of information disclosure regarding applications for marks for goods and services will be applied to applications received by Ukrpatent, for which the applicant has not yet received notices on the date specified for submission of an application.

Access to the online database “Applications for signs for goods and services accepted for examination” can be obtained in the section “Databases, Information and Reference Systems” of the official Ukrpatent website.


New US package of sanctions against Russia made public

In accordance with determinations Regarding the Use of Chemical Weapons by Russia Under the Chemical and Biological Weapons Control and Warfare Elimination Law of 1991, the US Department of State imposed the following sanctions that are effective from 27 August 2018.

1. Foreign Assistance: Termination of assistance to Russia under the Foreign Assistance Law of 1961, except for urgent humanitarian assistance and food or other agricultural commodities or products.

2. Arms Sales: Termination of sales to Russia under the Arms Export Control Law of any defence articles, defence services, or design and construction services, and licenses for the export to Russia of any item on the United States Munitions List.

3. Arms Sales Financing. Termination of all foreign military financing for Russia under the Arms Export Control Law.

4. Denial of United States Government Credit or Other Financial Assistance. Denial to Russia of any credit, credit guarantees, or other financial assistance by any department, agency, or instrumentality of the United States Government, including the Export Import Bank of the United States.

5. Exports of National Security Sensitive Goods and Technology.

These measures will be implemented by the responsible departments and agencies of the United States Government and will remain in place for at least one year and until further notice.


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