Determining Enterprises as Important, Advertising Ban on Medicines Packaging

New Criteria for Determining Enterprises as Important for the National Economy to Come into Force Soon

On 30 July 2024, the Ministry of Finance of Ukraine issued Order No. 373 approving amendments to the Criteria by which the Ministry of Finance of Ukraine determines enterprises, institutions and organizations that are important for the national economy.

The Order will enter into force on the date of its publication.

According to the new provisions, companies will be recognized as important for the national economy if they meet at least one of the following criteria:

carry out public supervision of audit activities;
are audit entities that provide services for the statutory audit of financial statements under contracts with enterprises of public interest and/or enterprises of strategic importance for the economy and security of the state, in accordance with the List of state-owned objects of strategic importance for the economy and security of the state;
carry out works and provide legal, consulting, agency and other services for the Ministry of Finance on the basis of contracts (agreements, memorandums, contracts) concluded for a period of at least six months on the management of state-owned objects, implementation of the state debt policy, dispute resolution, consideration of cases related to the fulfillment of state debt obligations of Ukraine;
provide legal or audit services that meet the needs of enterprises, institutions and organizations that are managed by the Ministry of Finance or in respect of which the Ministry of Finance exercises functions of managing corporate rights owned by the state in their authorized capital or controls their activities, if the absence of such services will lead to a disruption of the stable functioning of such enterprises, institutions and organizations, as confirmed by a letter from the relevant enterprise, institution or organization;
are under the management of the Ministry of Finance or the Ministry of Finance performs functions of managing corporate rights owned by the state in their authorized capitals or exercises control over their activities.

Verkhovna Rada Bans Advertising on Medicines Packaging

On 21 August 2024, the Verkhovna Rada of Ukraine adopted as a whole the Law on Amendments to the Law of Ukraine “On Medicinal Products” (regarding the labeling of medicinal products) (Draft Law No. 11172), which prohibits the placement of advertising information on the packaging of medicinal products, thereby bringing Ukrainian legislation in line with European standards.

“In Ukraine, there are often cases when pharmaceutical companies use drug packaging to promote their products, claiming their advantages over analogues from other manufacturers,” the Verkhovna Rada Committee on Public Health, Medical Assistance and Medical Insurance comments.

Thus, the new law prohibits the placement on the packaging of medicines:

any advertising that promotes the promotion of a medicinal product on the market, in particular, the formation of an opinion about the exclusivity or superiority of a medicinal product;
information about legal entities or individuals that are not the manufacturer or holder of the registration certificate for the respective medicinal product.
The law is currently being prepared for submission to the President of Ukraine for signature.

Verkhovna Rada Adopts as Basis a New Draft Law on Employee Safety and Health at Work

On 21 August 2024, the Verkhovna Rada of Ukraine adopted as a basis the government Draft Law No. 10147 aimed at ensuring the safety and health of employees in the workplace.

This document is part of the European integration initiatives and aims to create a new national occupational risk management system. The system will be based on European principles of risk assessment and control, which will help bring Ukrainian standards closer to the requirements of developed countries.

The main goal of the draft law is to minimize and eliminate risks to the life and health of employees in the workplace.

Thus, the document provides for a number of important changes, including:

the introduction of an obligation to inform the competent authorities of all accidents and to keep records of all incidents that could potentially lead to an accident by the employer;
the possibility of holding the employer liable (along with existing administrative and criminal liability) for damage to the employee’s life and health caused by insufficient and/or ineffective measures taken by the employer by a court decision. In such a case, the employer will reimburse the Social Insurance Fund for the costs incurred by it for payments and services provided for by the legislation on compulsory state social insurance against industrial accidents;
mandatory liability insurance of expert organizations when concluding an agreement on the provision of services in the field of employee safety and health, which will improve the quality of such services and the degree of employee safety;
additional obligations for employers to ensure the safety and health of certain categories of employees.

Innovations in Registration of Deferment from Mobilization

On 21 August 2024, the amendments introduced by Cabinet of Ministers Resolution No. 930 to the Procedure for Conscription of Citizens for Military Service during Mobilization entered into force, in particular, in terms of the registration of deferment from mobilization of persons who care for or support sick relatives or persons with disabilities.

According to the Government portal, the main changes include the following:

The documents confirming the right to deferment for persons who support or provide permanent care for relatives and friends have been revised
From now on, these two categories of people and, accordingly, the packages of documents confirming the fact of maintenance or care, are separated.
In addition, persons liable for military service who are caring for a sick wife/husband, child and/or their father/mother no longer need to indicate in the Application to the Territorial Center for Recruitment and Social Support (TCR and SS) information about the absence of other able-bodied family members, as well as submit documents confirming the inability of other family members to provide care.
Only persons liable for military service who care for their spouse’s sick parents are required to provide such information.
In addition, persons liable for military service who have parents with disabilities of group I or II are no longer required to prove the fact of caring for them.
According to Ukrainian law, adult children who have disabled parents are obliged to support them and are entitled to a deferment.
The mechanism for obtaining a certificate of permanent care has been changed, and the procedure and timeframe for its issuance have been regulated
It is now possible to obtain a certificate of care through local governments or district state administrations.
Consideration of the application will take up to 10 calendar days.
Changes in the form of the certificate
For persons already receiving a care allowance or compensation, the certificate is not required; it is enough to submit the relevant documents to the TCR and SS.