Draft

New automated system to control turnover of excisable tobacco and alcohol goods

The State Fiscal of Ukraine has made public the Draft Law On Amendments to the Tax Code of Ukraine on Introduction of Automated Control System for Excise Goods Turnover (alcoholic beverages and tobacco products) “Electronic Excise Mark”. The document proposes to introduce an automated control system for the turnover of excisable goods (alcoholic beverages and tobacco products).

Thus, in the case of import or manufacture of alcoholic beverages and tobacco products (except for ones manufactured for export), taxpayers will be obliged to ensure their labeling with excise duty marks of the standard pattern, information on which is to be included in the Automated control system for excise goods turnover (alcoholic beverages and tobacco products) “Electronic Excise Mark”, in such a way that an excise duty mark shall be torn when the product is uncorked (opened).

Moreover, the introduction of excise consignment note for excise marks flow with its corresponding registration in the Unified Register of Excise Consignment Notes is also proposed.

Certification of Energy Performance of Buildings

The Verkhovna Rada of Ukraine has adopted in the first reading the Draft Law On Energy Performance of Buildings No. 4941-d of 14 December  2016.

The Draft provides for introduction of mandatory energy performance certification for construction sites of medium or significant consequence class, as well as for buildings with a total heated area of more than 250 square meters where state government bodies or local self-government bodies and public utility organizations are located in case of reconstruction or modernization of such buildings by them.

Payment for the issuance of energy performance certificates shall be carried out at the expense of a customer or at expense of state support if it is involved in implementing measures on improving the energy performance of a building.

As indicated in the explanatory note to the Draft its provisions on energy performance certification of buildings do not apply to industrial buildings and non-residential agricultural premises with low energy consumption, buildings for religious services and rites, cultural heritage sites, temporary structures and stand-alone buildings with a heated area of less than 50 square meters.

The certificate’s period of validity was set taking into account restrictions provided for by Clause 8 of Article 11 of Directive 2010/31/EC (not more than 10 years).

Funds to implement energy performance measures and tools to ensure financing of activities on improving the energy performance of buildings will be raised through the Energy Efficiency Fund.

Draft Law on electronic money transfer

The Committee on Financial Policy and Banking Operations recommends the adoption of relevant Draft Law No. 5361 in its first reading.

This Draft envisages introduction of the definition of “Internet payments provider” into the legislation, as well as granting non-bank financial institutions, which have a license to transfer funds without opening accounts, the right to issue electronic money and to have agents. It also grants the NBU the right to determine requirements for obtaining such a license, including requirements for the minimum amount of equity capital and to disclosure of information on the ownership structure.

This Draft also envisages normalization of activities of non-banking financial institutions on the payment services market and raising criminal responsibility for payment crimes, and also granting residents of Ukraine the right to pay taxes, fees, other mandatory payments and to make charitable (voluntary) contributions and donations via electronic money.

Commercial accounting for public utilities

The Verkhovna Rada adopted Draft Law No. 4901 On Commercial Accounting for Public Utilities in the first reading.

The Draft provides for mandatory installation of flow meters for thermal energy and water in all buildings, which are connected to external heating networks (except for networks of autonomous heating systems), external hot water networks (except for networks of autonomous hot water supply systems), and external water supply networks (except for networks of autonomous water supply systems). It is these flow meters that will be used for commercial accounting of relevant utilities.

It is proposed to establish that all settlements for provided utilities (thermal energy supply, hot and drinking water supply) shall be carried out exclusively in accordance with commercial accounting data.

The project also intends to establish rules for the distribution of amount of utilities used between all consumers (in case of apartment blocks and other buildings where there is more than one consumer). The document also refers to guarantees on consumers access to accounting information, on the basis of which accounts for utilities used shall be formed.