25.07.2016

№ 104 - June 2016

Newsletter  № 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