№ 104 - June 2016
In this issue:
ENERGY
GAS
"Gazprom" wins the Stockholm arbitration
AMCU’s fine appealed by "Gazprom"
Model gas supply agreement for "teplokommunenergo" companies approved
Individual natural gas metering system for consumers
RENEWABLE ENERGY SOURCES, ENERGY EFFICIENCY AND ENVIRONMENTAL PROTECTION
National energy audit and energy management standards adopted
Radiation and Environmental Biosphere Reserve to be established in the Chernobyl area
Promoting the use of waste as an alternative energy source
Hydrocarbons extracted in excess of basic production volumes to be exempt from taxation Household waste placement is proposed to be taxed
Increased transparency in extractive industries
REAL ESTATE
Maintenance of apartment buildings prior to the appointment of managers regulated
No rent or land fee shall be charged in the ATO area
Buyout of state and municipal land under real estate to be simplified
Draft Law on amendments to some legislative acts of Ukraine to improve urban development registered
CORPORATE
Mandatory state registration of foreign investments abolished
TAX
Arm's length principle for uncontrolled transactions
Date of the right to tax credit
VAT specifics of transactions with software products
Single social contribution accrued on foreign employees’ income
PRACTICE OF THE SUPREME COURT OF UKRAINE
CIVIL DISPUTES
Claims to be considered under rules of different types of legal proceedings may not be consolidated in one case, unless otherwise established by law
Decisions on foreclosure of mortgaged property by its sale at a public auction within enforcement procedure should refer to the initial price of the mortgaged property for its subsequent sale
Provisions of a financial leasing agreement are unfair, if they contain terms on changes in expenses under the agreement, except the interest rate
The fact of conclusion of a loan agreement should be supported by appropriate and admissible evidence
After temporary administration is introduced in a bank, funds may be recovered only under the Law "On the system of guaranteeing deposits of individuals"
Land lease agreements shall be valid as of the date of their state registration
COMMERCIAL DISPUTES
Monetary obligations may arise from a fact of an existing debt established by the court
Monetary obligations may arise from a fact of property damage inflicted on another person
Authorized person of the Deposit Guarantee Fund shall manage the bank from the onset of liquidation procedure and may issue and sign powers of attorney on behalf of the bank
Liability for damages can arise only for 4 reasons: the presence of damage, the injurer’s unlawful conduct, the causal link between the damage and the injurer’s unlawful conduct, and the guilt
TAX DISPUTES
On taxation of interest paid to a non-resident under a loan agreement in Ukraine
On taxation of interest paid to non-residents for the use of property under financial leasing agreements in Ukraine
An agricultural enterprise subject to the special tax regime shall not be exempt from the obligation to pay a fine of 3 percent of the corrected amount of understated tax liabilities
Fictitious business status is incompatible with lawful business activities
Annual amount of rent payable to the budget for land of state or municipal ownership should be in line with the Tax Code
On bringing taxpayers to liability through recovery of taxes and duties (mandatory payments) accruable without tax incentives