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Program “National Cashback”

Sep 02 2024 published under Uncategorized, Activity, earnings, news

2-th of September 2024 beta testing of the "National Cashback" program started in 2018. It will last about a month. During this period, the system will be filled with goods from Ukrainian manufacturers, for the purchase of which consumers will receive 10% cashback.

From now on, cashback is calculated at least 7 trade networks (Aurora, ATB, Novus,  Ecomarket, Bullet, WOG), in the process of joining still near 40 trade establishments. Already registered in the program 38 thousands of products from 600 Ukrainian manufacturers

Consumers can now register in the program.

To receive cashback from the state, it is necessary to submit an application through the bank's website or mobile application, who participates in the program, or contact the department. Open a physical or virtual card, where the cashback will be credited. Now, this can already be done through mobile applications and branches of such banks: Privatbank, Sense Bank, PUMB, A-bank, Globe, Ukrsibbank, Acordbank.

What products are already covered by cashback, you can find out on the program website https://madeinukraine.gov.ua. Inform consumers about products, to which the cashback will be distributed, there will also be trade establishments.

Funds received for participating in the "National Cashback" program can be spent on services – utility company, transport, treatment, mobile communication,  sports, cinema, and others. It will also be possible to donate them to the Armed Forces or buy military bonds.



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Memorandum on cooperation and partnership with the Association of Polish Chocolate and Confectionery Manufacturers "POLBISCO"

May 06 2024 published under Uncategorized, Activity, earnings, news

29 April 2024 Association "Ukrkondprom" signed a Memorandum of Cooperation and Partnership with the Association of Polish Chocolate and Confectionery Manufacturers "POLBISCO".
During the signing of the Memorandum, the presidents of the associations: Oleksandr Baldyniuk and Marek Przezhdziaka discussed the urgent problems of the development of the confectionery and chocolate industry in Ukraine and Poland, partnership relations in matters of bilateral trade, unimpeded access to the markets of the two countries, organization of joint events, aimed at supporting Ukrainian and Polish manufacturers of confectionery and chocolate, etc.
The issue of the Polish-Ukrainian crisis was also raised, associations spoke in favor of unblocking the borders, because such a situation complicates the circulation of goods, harms the economy and affects the processing industry more, consumers therefore suffer from this, that access to goods worsens.

Ukraine and Poland are trade and strategic partners, therefore, the restoration of the borders will renew the partnership between the two countries.

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Joint letter of Ukrainian business

May 01 2024 published under Uncategorized, Activity, earnings, news

Chairman of the Verkhovna Rada of Ukraine
to Mr. Stefanchuk R.O.

Heads of the Committee of the Verkhovna Rada of Ukraine on Law Enforcement Activities
to Mr. Ionushas S.K.

Heads of the Committee on Finance of the Verkhovna Rada of Ukraine,
tax and customs policy
Mr. Getmantsev D.O.

To the First Deputy Chairman of the Committee of the Verkhovna Rada of Ukraine
on finance, tax and customs policy
Mr. Zheleznyak Ya.I.

People's deputy of the Verkhovna Rada of Ukraine
Heads of TSC on the protection of investors' rights
Ms. Yanchenko G.I.


Prosecutor General
to Mr. Kostin A.E.

It is being processed in the Verkhovna Rada of Ukraine draft Law of Ukraine No. 10440 dated 29.01.2024 "On making changes to Criminal Procedure Code of Ukraine and other legislative acts regarding improving the work of the Bureau of Economic Security of Ukraine".

Among the predictions of adoption and implementation of this project, the improvement of the legal basis of the BEB activity was announced, ensuring guarantees of compliance with the rights of legal entities during the execution of decisions investigating judge, court on temporary access to things and documents and on search other ownership of the subject of entrepreneurial activity, etc.

Specialists of business associations, without being indifferent, and while waiting for real changes to be made to current legislation, which will guarantee business protection from pressure law enforcement officers and illegal interference in economic activity – in detail analyzed this draft law and prepared a number of proposals, which are required to take into account when finalizing it.

Given the difficult situation, when trust business to law enforcement agencies needs to be restored – it is extremely important to make changes to the CCP of Ukraine, which will contribute to the restoration of business confidence in law enforcement agencies. Moreover, this step will be effective along with by restarting the Bureau of Economic Security (draft law No. 10439 of Business is being prepared for the second reading).

Changes are desperately needed, worked up specialists of leading business associations, which are important to implement and implement soon:

Predict, that of criminal offenses, under investigation by the National Police and BEB, cannot be provided assignment by the operational officer of the SBU.

Any actions or omissions, and decision of the investigator, inquirer, prosecutor, accepted for any procedural action can be appealed to the investigating judge.

Predict, that the prosecutor has after receiving court decision, according to which it is necessary to return the temporarily withdrawn property, duty appears during 24 hours to give an instruction to the investigator regarding immediate return of such property and 72 hours to return such property, the body that removed it.

Enter the term of validity of the decision of the investigating judge on seizure of property. With a float 60 days, if the seizure is imposed on the property of a third party (natural or legal person), at the same time, if such a person, the founder or the employee of such a legal entity did not acquire the status of a suspect, the court must cancel the arrest at the request of such a person, if the prosecutor does not prove the necessity further seizure of such property.

Introduce the concept of critical property (means of labor, which is a component of economic activity) and set exceptions grounds for its removal

Predict, that failure to notify the owner of property on the consideration of a request for seizure of property is an obstacle in the consideration of such request.

Give the investigator the right to cancel as well to arrest – by closing criminal proceedings, in agreement with the prosecutor.

Install, that the maximum amount of the deposit cannot exceed the minimum amount of incriminated damages, confirmed expert opinion,  also remove exceptional cases for assignment pledge, which exceeds the dimensions established by the code.

To place the duty on investigative judges checking compliance by the pre-trial investigation body with the requirements of the investigation, at consideration of submitted petitions.

Predict, that violation of jurisdiction criminal proceedings, illegal change of criminal liability proceedings – can be appealed to a higher-level prosecutor, and the refusal of the satisfaction of such a complaint may be appealed to the court.

Predict, that the person in whom it was held search – must get the right to get acquainted with the materials that the prosecutor, investigator substantiated the arguments of the petition. The right of cancellation is supposed to be granted search warrants. The evidence received on the annulled decision will not be considered evidence.

Prohibit seizure of things and documents, which are not specified in the decision of the investigating judge.

Establish specific terms of pre-trial detention investigation and the procedure for their continuation in actual criminal proceedings, excluding crimes, assigned to the jurisdiction of NABU and DBR (for them the current version of the CCP remains). It is also proposed to settle issues regarding terms in criminal proceedings that fell on martial law (30 months for investigation + they have all the terms they have left before military service can be used by addition 30 months) with the right to continue such terms of investigative judges.

Enter an injunction against the prosecution to carry out examinations in bodies subordinate to such a party, in order to prevent monopoly on conducting examinations and its abuse. Such a monopoly leads before, that a law enforcement agency (for example, SBU, National Police) violates criminal proceedings in their own NDEKTS of the Ministry of Internal Affairs or ISTE of the SBU appoint and conducts examinations to confirm its position as a party to the prosecution. This monopoly leads to bias in the implementation of criminal proceedings.

Predict, that the investigating judge, court – they can issue a separate resolution, with which to recognize a violation of the terms of return of the seized property and refer it to a disciplinary body, or to resolve the issue of registration of criminal proceedings with the relevant authorities.

We emphasize,  without making changes, what will make the BEB the only body for investigating economic and other crimes fundamental changes in the Communist Party of Ukraine, specified in the application – not possible solve the problem of pressure on business.

We call on people's deputies to hold discussion of proposals developed by the business and to finalize project No. 10440 to first reading, including the norms proposed by business representatives.
 
Sincerely,

Business associations:

Chamber of Commerce
Association of Taxpayers of Ukraine
European Business Association
Association of veteran entrepreneurs
All-Ukrainian Agrarian Council
Association of private employers
Association of Lawyers of Ukraine
Business community Board
CLUB100 business community
Oil and Gas Association of Ukraine
Kharkiv IT Cluster
Association of Boroshnomela of Ukraine
All-Ukrainian Professional Association of Entrepreneurs
Association of Software Ukraine
Association Ukrkondprom
Ukrainian Club of Agrarian Business
Ukrainian Federation of Security Industry

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The draft law on the criminalization of smuggling poses threats to law-abiding business - the Ukrainian Business Council

Sep 20 2023 published under Uncategorized, Activity, earnings, news

People's deputies of Ukraine

Dear MPs!

Members of the Ukrainian Business Council, which includes 110 business associations of various sectors of the economy, analyzeddraft law No. 5420 regarding the criminalization of smuggling and came to a conclusion, that in the proposed to 2 reading the editorial, this project poses significant threats to law-abiding business, since its provisions are formulated in this way, whatcontain significant corruption risks, and also pose a threat to the activity of primarily legal business and in no way contribute to solving the problem of shadow imports.

First of all, it should be emphasized, that the threshold of criminal liability under Article 201-3 of the draft law is unreasonably low. In particular, criminal liability is proposed in case of illegal movement of goods across the customs border in the amount of, with a share of more than 1,342 million. Instead, for the qualification of a criminal offense according to the article 212 of the Criminal Code of Ukraine (CCU) "Tax evasion", the threshold of criminal liability for tax evasion (which are customs payments) is 4,026 million. 

Since such changes relate specifically to responsibility for economic crimes and public danger consists precisely in non-payment of taxes and other payments, then it is advisable to be guided by those similar to the content of the article 212 KKU criteria for determining the threshold of criminal responsibility. More, the issue of the customs value of goods is often the subject of a dispute between the declarant and the customs authority, and therefore cannot act as a threshold for criminal liability.

Significant risks for honest business are also seen in the proposed version of the Notes to Art. 201 CCU, which refers to smuggling, including the submission of documents to the customs authority as a basis for the movement of goods, containing false information about the name of the goods, their weight or quantity, country of origin, sender or recipient, the number of cargo spaces, their markings and numbers, false information, necessary to determine the product code according to the Ukrainian classification of goods of foreign economic activity and its customs value, which led or could lead to an unlawful exemption from payment of customs payments or a reduction in their amount. In practice, when declaring goods, the customs authority and the declarant often have disputes regarding the determination of the customs value, product code, country of origin, scales, etc. More, proposed revision of the article 201-3 does not imply necessityproving intent to commit a criminal offense.

The full text of the statement of the Ukrainian Business Council can be found at the link: https://urb.org.ua/zakonoproєkt-pro-kriminalizacziyu-kontrabandi-nese-zagrozi-dlya-zakonosluhnyanogo-biznesu-zayava/

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