Unfortunately, the draft law does not stipulate an obligatory content of biodiesel in diesel fuel.

Mixed motor fuels production and adding (mixing) of bioethanol and/or bio-components on its basis to hydrocarbons (petrol, fractions, components) will be performed by companies list of which shall be determined by the Cabinet of Ministers of Ukraine (there are no indications in the draft law that these will be state companies only).

This is a positive novelty from the point of view of harmonization of Ukrainian standards with EU regulations. Thus, Renewable Energy Directive 2009/28/ЕC stipulates 10% of renewable energy for transport industry and 20 % of renewable energy in the general energy consumption structure till 2020 as obligatory standard.

Authors of the draft law consider that anchoring possibility of wide use of biofuel by oil refining and other companies for production of mixed fuels in accordance with obligatory standards is currently the priority, the only possible and reasonable direction of state support for the biofuel market expansion. They also expect that it reduces Ukraine’s dependency on imported fuel.

First of all, from now on only a lawyer can be counsel for the defence in criminal proceedings. No relatives, friends or legal professionals. These changes are reasonable and expected. However, they require reform of the legal profession in Ukraine. Requirements to attorneys should be higher. Attorneys should bear higher professional liability, and accordingly, have a more significant status and prestige.

The question is what people should do, if they cannot afford a professional lawyer? After all, it is hard to believe that the adoption of the new Criminal Procedure Code will put an end to the infinite lawlessness of law enforcement officers browbeating suspects into admitting their guilt and replace it by highly professional criminal investigation. So far there is no real effective mechanism to provide counsel at public expense. Therefore, only wealthy people may feel relatively protected.

The resolution of the Parliamentary Assembly of the Council of Europe on Ukraine as of 26 January this year states that the equality between prosecution and defense must be guaranteed both in the Criminal Procedure Code and in practice. Will now “browbeating” lose its meaning?

The authors of the new Criminal Procedure Code emphasize that testimony received by investigators or prosecutors with the use of violence or threats will be no good point, as such information will not be deemed evidence under the law. The court will base its conclusions solely on the testimony received directly from the parties in a criminal trial. All this is true, but there are nuances.

Thus, if the suspect has implicitly pleaded guilty of committing a criminal offense, does not dispute the facts set in the pre-trial investigation and agrees to the review of the indictment in his/her absence, whereas the victim does not object to such consideration, the court, at the request of the prosecutor, will be entitled to consider the indictment in a simplified manner, without a trial in court.

The institute of agreement between the prosecutor and the accused on pleading guilty provided by the new Criminal Procedure Code still admits the thought about further active application of force and browbeating methods in the Ukrainian reality.

One cannot but agree that Ukraine needs the new Criminal Procedure Code. When hearing about its novelties and benefits you may feel like being in an American movie. However, some things, including those noted here, raise serious concerns that all is not as great as it seems at first glance.

by Natalia Martynyuk, Attorney-at-Law, Senior Associate at Arzinger Law Office

The main and highly expected novelty of the Law is inclusion of legal entities of private law to the list of possible founders or members of public associations. Currently, due to the valid Law of Ukraine “On Associations of Citizens” only individuals are entitled to become founders or members of public associations. Therefore, in practice legal entities were forced to establish business unions in form of associations in order to represent their mutual interests.

Thus, pursuant to the passed draft law public association is a voluntary association of individuals and (or) legal entities of private law for exercise and protection of rights and freedoms, satisfaction of public, in particular, economic, social, cultural, environmental or other interests. Public associations are divided into groups – non-governmental organizations (founders and members – only individuals), and public unions (founders – only legal entities of private law, and members – legal entities of private law, including public associations themselves and individuals). Positive aspect is that public associations can become members of public unions as for now established business unions – associations cannot become founders or members of other associations (as they have no status of a company).

Public associations can be established as legal entities (non-commercial entities main goal of activity of which is not profit earning) or otherwise. They are registered by the authorized bodies (bodies of the State Register of Ukraine) pursuant to the Law of Ukraine “On State Registration of Legal Entities and Private Entrepreneurs” taking into account peculiarities provided by the draft law. The law specifies peculiarities of constitutional documents of public associations, registration procedure and reasons to decline registration, registration of amendments and termination.

The law contains regulation of the issue of obtaining an all-Ukrainian association status and a clear procedure for establishment of local cells (which is poorly regulated for now) and for accreditation of separate subdivisions of foreign non-governmental organizations in Ukraine.

Important for already existing public associations is the requirement of the passed law that within five years they have to bring their charters (provisions) and the status of local cells (established with rights of a legal entity) in compliance with this law.

Passing of this draft law is intended to change certain laws of Ukraine due to passing of the Law of Ukraine “On Principles for Prevention and Fight against Corruption”, in particular the Criminal Procedural Code of Ukraine, the Labour Code of Ukraine, the Customs Code of Ukraine, the Law of Ukraine “On the Cabinet of Ministers of Ukraine”, the Law of Ukraine “On Public Prosecution Office”, the Law of Ukraine “On Service in Local Self-Government Authorities”, the Law of Ukraine “On Status of the People’s Deputy of Ukraine”, the Law of Ukraine “On the Public Service in Ukraine”, the Law of Ukraine “On the State Border Service of Ukraine” etc.

In particular, amendments intend to adjust provisions concerning:

• Special examinations regarding candidates for office in the state executive and local self-government authorities;
• Submission by public servants of property, income, expenses, financial obligation declarations;
• Restrictions for employment to the state executive authorities of persons previously convicted or subject to administrative penalties for corruption;
• Requirements as to prevention of conflict of interest;
• Restrictions for employment of related persons;
• Dismissal of persons brought to liability for corruption.

Special attention shall be paid to the amendments proposed to the Criminal Procedural Code of Ukraine (Art. 404) regarding sending of a copy of the sentence to the work place of the convicted person in order to ensure an educational influence of the sentence in necessary cases or if the convicted person shall be dismissed from the occupied position.

It is envisaged to introduce to the Labour Code of Ukraine an additional reason for termination of an employment agreement – in case of coming into force of a court decision which brings an employee to the liability for corruption. Moreover, in this case a person shall be dismissed within three days after receipt by a state authority, a local self-government authority, a company, an institution or an organization of a copy of the respective court decision that came into force. (Art. 36).

It is proposed to make work in subordination of a relative despite requirements of the Law of Ukraine “On Principles for Prevention and Fights against Corruption” (Art. 41) as an additional basis for termination of an employment agreement upon initiative of the owner or a body authorized by it under certain conditions. In such case an employment contract shall be terminated if it is not possible to transfer an employee to another job.

The Order has established classes of inadequacy of medicinal products, procedure and grounds for imposing a ban (temporary ban) on the trade in medicinal products, resumption of distribution of particular medicinal product series.

In addition, the Order sets forth the definition of “medicinal product series”, which is a certain amount of product made of a certain amount of raw materials in a single production cycle, or homogenized in the production process and is made according to the process documents. The main feature of a medicinal product series is its homogeneity.

The Order establishes that a temporary ban on the turnover of a medicinal product should not exceed 90 days.

In particular, the Order amends the Resolution of the Cabinet of Ministers No. 1071 as of 05.09.1996 “On Procedure for procurement of medicinal products by public health facilities that are funded from the budget”, which has actually approved the list of medicinal products of domestic and foreign production, which can be purchased by public health facilities that are fully or partially funded from the state and local budgets.

In addition, the said List has been supplemented by international generic or common names of active substance(s) of a medicinal product according to relevant pharmacotherapeutic groups, which include the active substance(s) of the medicinal product (ATC Code).

It should be noted that Order of MOH No. 79 as of 03.02.2012 was registered with the Ministry of Justice of Ukraine as of 20.02.2012 No. 250/20563. The Order is not in force yet but will take effect as of the date of publication.