Tuesday, July 26, 2011

The Labor Code does wiretap to work legally

The draft Labour Code establishes the right of employers to monitor employee performance of their duties by technical means the draft Labour Code, which can be adopted before the new year, grants the employer the right to monitor staff performance of their job duties, using technical means. The draft says that such monitoring will be allowed "if it is due to the peculiarities of production." "This rule does not clearly define under what" the production process, "the employer has the right to use such funds. Thus, the legislator allows ambiguous interpretation of this provision by the employer," - said "money" Law Firm Partner "Nails and Oberkovych Sergei Oberkovych. According to the article. 28 of the draft Labour Code, the employer will be obliged to notify the staff on the use of technical means, and avoid actions that humiliate or demean employees. Recall the draft Labour Code will also expand the list of grounds for dismissal. However, some of them had a residual controversial, such as lack of employee's work and information about it for more than 4 months.

Tax holidays: the wisdom of reporting

For enterprises subject to tax holidays, accounting is much simpler, the only difficulty will be the introduction of the tax gap. In this connection, businesses both small and large businesses will need to calculate the monthly tax difference between the tax and accounting. "First of all, will be tax breaks for companies with revenues of less than 3 mln. And 20 salaried workers. Code for which a simplified accounting and tax accounting. Board recently met at the Ministry of Finance, they offered to enterprises with turnover of less than 300 thousand UAH. keep a record even without the record, I think it all without, because this can not be. And for enterprises of more than 300 thous. but less than 3 mln. further simplify accounting than he is now. In this regard, accounting is simplified, but is complicated by the introduction of the tax gap, and now all enterprises and small and large, will need each month to consider the tax difference between the tax and accounting ", - said Dmitry Alekseenko, CEO of the audit company . "For businesses that leave the tax holiday, provided that, if they pay the VAT to 5% of turnover, they are not more frequently than once every three years, checks the tax office," - said Dmitry Alekseenko. Recall Friday, December 3, President of Ukraine Viktor Yanukovych signed the Tax Code adopted by the Ukrainian parliament on Thursday, December 2, taking into account the proposals made by the President.

Businessmen transferred to the model statute

Enterprises can create and work on the basis of a model statute. It is envisaged by the draft law, developed by the State Committee. "In the case of adoption of the law, for each of the organizational-legal forms of legal entities will be developed typical model statute. Themselves the founders of the company will decide whether to operate on the basis of the corresponding model statute or develop for themselves an individual "- the press office of the committee. At the same time using the model charter founders will be able to save money on the development of the statute, because there will be no need to deal with this purpose in law firms. Also, a model statute does not require notarization, which will save money and notary services. The model statute will not need to apply for registration of legal entities, since it is not a constituent document. This will greatly facilitate the work of the state registrar verification in compliance with applicable statutes legislation, will save time to conduct registration activities. Preparation of the State Committee for the bill relates to the need to simplify the procedure doregistratsinnoy preparing documents for state registration of legal entities. Recall ekomitet also developed a bill that authorizes legal entities by the founders to establish the size of its authorized capital. The model statute - a law or regulation, approved by the Cabinet of Ministers of Ukraine, for the establishment and operation of legal persons of the legal forms of organization that regulates and sets out the statutory rules governing the legal status, rights, obligations and relations connected with creation, management and business activities of the respective entities.

Monday, July 25, 2011

BP agreed to change the law on the fault

The Verkhovna Rada of Ukraine adopted the Bill on Amendments to the Law on grapes and grape wine "on the competence of the central executive authority on agriculture. Reported by the Information Department at ASU. For a decision 296 deputies voted. Draft Law № 7049 proposes to provide a specially authorized central executive body of Agriculture the right to establish a list of documents required for the production of wine, the procedure for their submission, approval and approval (under the current wording of the law this right belongs to the Cabinet of Ministers). The document also provides the fourth part of Article 15 of the current law, which deals with the further processing or destruction of adulterated wine, vermouth, brandy Ukraine, brandy, confiscated by the court, the phrase "in accordance with the procedure approved by the Cabinet of Ministers of Ukraine".

Pleased to support the abolition of licensing of wholesale trading in sugar

The Verkhovna Rada of Ukraine adopted the Bill on Amending the Law "On state regulation of production and sale of sugar" on the abolition of licensing of wholesale trading in sugar. Reported by the Information Department at ASU. The bill number 7195 is proposed to reduce the types of business activities subject to licensing, to withdraw from Article 3 of the current law rules on the licensing of wholesale trading in sugar. For the adoption of the bill voted 239 deputies. As the authors say the bill, the adoption and implementation of the document would facilitate the functioning of the sugar market through a combination of free competition and government regulation in order to balance the interests of economic entities, government and consumers.

Brodsky put all the zero's charter fund

State Committee proposes to introduce for legal persons authorized capital of zero. Committee developed a bill that authorizes legal entities by the founders to establish the size of its authorized capital. Informs the press service of the State Committee of entrepreneurship. Now authorized capital for limited liability company must be at least an amount equal to one minimum wage for the Company - not less than 1250 minimum wages. Recall that in his blog, Brodsky wrote about the end of completion of the bill, which simplifies "the entrance to the business." As reported by committee, the founders will not have to pay part of the statutory fund (50% for limited liability companies and 100% for joint stock companies). Now that such a requirement exists, but the money should be put to the account before the date of state registration. The proposed changes will save money on pay for the banks to open temporary accounts. State Committee bill also eliminates the need notarization of documents submitted for registration, which will allow entrepreneurs to save money and notary services. Under the draft law in the state registration must be installed payment terminals that will save time on payment of registration fees and other fees for carrying out registration procedures. Instead of a certificate of registration in the bill introduced a single document that will be provided in support of the state registration of legal entity - an extract from the Unified State Register, a document that contains information about the legal entity or natural person-entrepreneur.

What taxes must be paid when purchasing investment certificates

Legislation confused individuals who purchase investment certificates. And they do not understand how to pay taxes. According to the rules spelled out, such securities are subject to a two cases, depending on their type. The first - a certificate with a clearly defined maturity. That is, buy it for a specific period - one, two, three. And only after that time the owners are paid. In this case, the owner of the certificate of tax charge. It is required to do asset management company. She, as a tax agent must independently calculate the fee and collect it from the physical persons even before receiving the funds. And also to inform the tax office. "In this case, the tax rate is 5% of income. And on the natural persons, the taxpayer does not have an obligation to display the operation in his tax return. Instead, it makes your management company aktvami" - emphasizes Denis Buhay, a partner at the law firm. If you own an investment certificate, which has no clear terms of circulation, be careful. The security of this kind can, if necessary, to sell to a third party at any time. If during the period when it belonged to you, its value has increased and brought in revenue after the implementation of the certificate owner should have to pay for 15% of the collection. In this case, the AMC is not required to notify the tax and should not carry out assignments. "The fact that tax authorities will not know about your surgery, should not weaken the taxpayer. At the request of the tax, AMC will be required to answer about the transition of ownership of securities.

BP gave preference to hire creative unions

The Verkhovna Rada of Ukraine adopted the Bill on Amendments to Article 9 of the Law "On Trade Creative Workers and Creative Unions" with respect to the preemptive rights of the creative unions to conclude a lease of premises of state or municipal property. Reported by the Information Department at ASU. For a decision 354 deputies voted. Draft Law № 7171 proposes to establish that the creative unions at the end of the contract term tenancy of state or municipal property have a preferential right to lease the property for the proper performance of obligations under such an agreement, the implementation of only the authorized activities and without the right to transfer the property to sublet or by contract on joint activity. The document also stipulates that non-artistic associations of these conditions the lease is the basis for its early termination in accordance with legislation.

For a bribe will be planted for 10 years and a fine amount to 12,000

Cost of civil servants will be controlled, and for gifts - to punish. Since January 2011 will come into force suffering a package of three laws designed to root out corruption. His introduction, we recall, has already postponed several times. The old law "On Combating Corruption, adopted in 1995, will sink into oblivion. As explained to us the chief specialist of the Bureau of Anti-Corruption Policy in the Cabinet Oksana Kononkov, the main differences between the new laws on the acting - nepotism and bribery want to nip in the bud. For example, relatives of the civil service can not be subordinated to each other, and officials who use their position for personal purposes, lobbying for the interests of certain companies in the tenders, taking bribes, threatens not only fine, but jail for a long time. "The new laws will prevent corruption is even a job - says Kononkov. - So, the candidate must provide information on the property, income and financial commitments, including abroad, and pass spetsproverku. In its course, will validate the data on property , the presence of the candidate and the people close to him of corporate rights, about criminal responsibility and liability for corruption. " Has the welfare officer will check each year. All civil servants will be required to annually file a tax return, not only on income but also expenditure. In addition, official prohibition to carry out other paid or entrepreneurial activity (except for teaching, research and creative medpraktiki, instructor and judicial practice of the sport, but after hours) and receive gifts.

Insurers were left without development program

The insurance market from next year will develop in the blind. " The fact that the deadline expires on a specific development strategy, and the new plan has so far nobody has. Market players complain that insurance has a high potential, but is virtually stagnant. Referred to major problems: inadequate legislation, dumping and low insurance culture. In addition, they said, the market does not develop because of the misguided policies of the regulator. Elena Sidorenko for UBR.UA insurers against unplanned audit drop that has occurred over the past two years in the classical sector of the insurance market, analysts say is unprecedented. The statistics of the insurance in the gross domestic product of Ukraine, on the background of world figures - 7%, our country is between Turkey and Kazakhstan - 0,9%. This index reached the highest point in 2009, now there is a decline, experts say. But set the bar for the insurance market to reach 5% of GDP. By the standards of 2010 this could amount to 42 billion hryvnia. However, market players noted positive developments over the past 4 years. The main thing that got the insurance consumers a choice of quality. At the expense of real investment in technology, structure and personnel. A classical insurance market has grown to 65%. But this year the trend is stopped. Choosing an insurance product, consumers are often guided by cost, rather than the level of solvency of the company or the technology it uses. Therefore, insurers complain about the dumping.