The Government will work to ensure the amount of investment is increased in Ukraine.

The Prime Minister of Ukraine Denys Shmyhal made this statement at the forum “Transformation Trends: Innovation and Digitalization”, which took place on Tuesday, July 21, with the participation of the President of the Swiss Confederation Ms. Simonetta Sommaruga.

Denys Shmyhal stressed that Switzerland enters the five largest investors in the Ukrainian economy. And the Government has an understanding and vision of the steps that are needed to attract investment and facilitate doing business.

“We have to create a favorable environment for investors. And the result of that will be seen in the Doing Business ranking, with our current position being the 64-th. Our goal, which I consider absolutely attainable in the coming years, is to enter TOP-30. We know what we should do to achieve this goal and to make it easier for business to work,” urged the Prime Minister.

The Prime Minister expressed confidence that Ukraine is competitive. And pursuing reforms will help better unlock Ukraine’s investment potential.

During his speech, Denys Shmyhal also welcomed the transfer to the concession of the Kherson Sea Commercial Port to Risoil-Kherson company with the participation of Swiss capital.

“This is more than UAH 300 million, which the investor is planning to invest in this project and in local infrastructure. We are confident that during the first years of concessions, freight turnover and the quality of services will increase significantly,” the Head of Government stressed.

The Prime Minister also noted the support of the Swiss Confederation on the path to digital transformation of Ukraine.

Due to the Swiss Agency for Development and Cooperation, we were able to implement the DIIA (Action) project.Today it has more than 4 million users and is an advanced project for the world,” said Denys Shmyhal.

The Prime Minister added that on a daily basis the Government is working to expand the capabilities of the electronic portal “DIIA”, which already offers more than 30 electronic services. Among those is the fastest business registration service in the world.

Resolution of the Cabinet of Ministers of Ukraine of 27.05.2020 № 538 amends the regulatory framework governing the implementation of public procurement of medicines and medical devices with the involvement of specialized organizations that carry out procurement.

Note that the resolution came into force in connection with the publication in the newspaper “Governmental Courier” from 02.07.2020 № 123.

Therefore, the resolution of 22.07.2015 № 622 approves the Procedure for procurement of medicines, medical devices with the involvement of specialized organizations that will carry out procurement (hereinafter – the Procedure).

This Procedure defines the mechanism of procurement of medicines, medical devices with the involvement of specialized organizations that will procure at the expense of funds provided by the Ministry of Health in the state budget for the implementation of programs and implementation of centralized health measures.

The selection of specialized organizations that will procure goods and services will be carried out in accordance with certain criteria, namely:

• experience in procurement in the field of health care and / or implementation of programs and centralized health care measures;
• technical and professional ability to perform tasks related to the purchase of goods and services;
• the possibility of purchasing and supplying the required number of goods and services of appropriate quality with the appropriate shelf life and taking into account the requirements for packaging and / or the form or size of packaging of goods, etc.

In addition, within 14 working days from the date of selection of specialized organizations that will procure goods and services, the Ministry of Health submits for consideration and approval by the Government a list of specialized organizations that will procure goods and services in the relevant budget year.

The conclusion of procurement procedures by the Ministry of Health will be carried out after official written confirmation of such organizations on the possibility of fulfilling the order in accordance with the list of goods and services determined by the Government and after approval of the State Budget of Ukraine for the year.

It should be noted that the terms of the agreement on the procurement of goods and services should not differ from the content of the proposals submitted to the Ministry of Health for the selection of specialized organizations that will procure goods and services.

Also, specialized organizations that will procure goods and services must inform the Ministry of Health on a monthly basis about the results of procurement of goods and services in the form prescribed in the agreements on the procurement of goods and services.

According to the current Law of Ukraine “On Public Procurement”, customers now have all the legal grounds for purchasing drugs through the electronic catalog – Prozorro.Market. In the Prozoro system, such electronic catalogs are filled and administered by two state-owned companies: the State Enterprise “Professional Procurement” and the State Enterprise “Medical Procurement of Ukraine”.

State Enterprise “Medical Procurement of Ukraine” is the administrator of medical catalogs at Prozorro Market. Today, this company is one of the two holders of an electronic catalog, which allows suppliers and manufacturers of medical devices and medical equipment to quickly and without unnecessary submission of documents to a wide range of government customers. Currently in the medical catalog Prozoro.Market there are 67 categories of goods for which offers are accepted. As for medical products, today there are 951 of them in the electronic catalog.

How to become a supplier of medical goods and medical equipment in Prozorro.Market?

To sell medical products and equipment in the catalog, you must pass the appropriate qualifications from the administrator. But to place your product in a specific category of your choice, you should also register on the electronic platform E-Tender. Because electronic platforms are the official participants in the project of catalogs and provide services to users to place offers in them.

The number of customers in the medical electronic catalog and the number of concluded agreements

As of today, the catalog contains orders from 118 government agencies. This is the majority of medical institutions. Currently, 40% of all products in the catalog are products to combat coronavirus. That is, for suppliers of such goods as: respirators, protective gloves, masks, boot covers, antiseptics, disinfectants, coronavirus tests, contactless thermometers, current filing and joining the online store.

For the last three months in the system of the transparent catalog concluded agreements for the total amount of 2,6 million UAH. By number – 184 transactions with the pharmaceutical business.

The manual has been prepared taking into account the changes in the legislation on public procurement that took place in 2020.

This document will be especially useful for customers and suppliers who are new to the process of organizing and conducting tender procurement.

The manual reveals the basic principles of forming a tender committee, the duties and responsibilities of the authorized person, the peculiarities of the functioning of central procurement organizations. Users of the manual can learn how to prepare tender documents, in what terms the announcement of the open bidding should be published, what nuances to pay attention to when concluding a procurement contract and much other practical information. Terms such as abnormally low price (ANC), reduction, etc. are explained separately.

The guide also explains how to make purchases for so-called “sub-threshold amounts” that run through the Prozorro Market system.

Prozorro Market is a convenient tool for business, because it functions like a regular online store. Entrepreneurs were able to sell goods to state customers for small amounts without participating in lengthy tender procedures.

The Public Procurement Guide is available at the following link https://drive.google.com/file/d/1vh4vaZhJ-ERYoXrXprstFIb0fDffd3X4.

According to the official website of the Ministry of Economy, there are at least two major categories of inspections in Ukraine.

The first category to which there is a moratorium during quarantine is the so-called state supervision (control) in the sphere of economic activity. It is identified by areas of control, not by authorities. That is, the same State Food and Consumer Service has about 15 areas of control, and some of them are subject to a moratorium (for example, plant protection), others – no (for example, a separate state regulation of prices).

The moratorium includes inspections of fire safety, labor protection, environmental inspections, etc. (more than 80 areas). All this type of control is regulated by the Law of Ukraine №877 of 05.04.2007 “On the basic principles of state supervision (control) in the sphere of economic activity”.

The same Law establishes all the basic rules for conducting inspections, and it is for this type of control that the integrated automated system of state supervision (control) – the so-called Inspection Portal – applies. It publishes plans, results, and reports on the implementation of plans for such inspections.

The second category is inspections carried out in areas that do not fall under this Law (Article 2 of Law 877):

1. currency control;
2. tax control;
3. customs control;
4. state export control (except for some issues of space activities);
5. control over compliance with budget legislation;
6. banking supervision;
7. state control over compliance with the legislation on protection of economic competition;
8. state supervision (control) in the field of television and radio broadcasting;
9. state supervision (control) over the observance by economic entities carrying out activities in the spheres of energy and communal services;
10. legislation in the fields of energy and utilities;
11. state market supervision and control of non-food products.

The state market supervision and control of non-food products should be discussed separately. Control in this area is carried out by 7 bodies according to the list of products subject to control. Among these bodies are the State Labor Service, the State Emergency Service, and the State Food and Consumer Service. All of them, on the one hand, are under a moratorium for most of their areas of control, but can carry out any inspections in terms of market surveillance.

Laws 530-IX and 533-IX prohibit scheduled inspections for the first category and tax inspections with some exceptions during the quarantine period.

So, three important conclusions about inspections:

• checks during quarantine are possible
• inspections of the second category do NOT fall under the moratorium (except for tax, prohibited separately);
• inspections of the second category are NOT displayed on the Inspection portal https://inspections.gov.ua/

The Fund for the Fight against Acute Respiratory Disease COVID-19 was established in accordance with the amendments to the state budget for 2020. The size of the fund is UAH 64.7 billion.

As of June 15, the Government has made a decision (including protocol decisions) to allocate UAH 36.1 billion from the COVID-19 anti-fund: in accordance with Government resolutions, UAH 18.7 billion has been allocated, protocol decisions provide for the possibility of allocating another UAH 17.4 billion. UAH of the Fund’s funds.

Fund funds can be directed to:

• Measures to prevent the occurrence and spread, localization and elimination of outbreaks, epidemics and pandemics COVID-19;
• Additional surcharges to the salaries of medical and other employees who are directly engaged in the elimination of the disease;
• Provision of financial assistance to citizens, in particular the elderly, in connection with the negative consequences of the spread of coronavirus disease;
• Providing a transfer to the Pension Fund of Ukraine;
• Provision of financial assistance to the Social Insurance Fund and the Fund of Compulsory State Social Insurance in the Event of Unemployment;
• Other areas provided by law;

As of June 15, UAH 1.8 billion of the Fund was actually used.

On June 17, at a meeting of the Government, the Prime Minister of Ukraine Denis Shmygal instructed the Ministry of Finance to strengthen control over the efficiency of the use of COVID-19 funds to prevent their misuse or abuse. The Ministry of Finance will report weekly on the use of the fund.

Coordination of activities is carried out at the level of the central office of the State Audit Office. The receipt, comparison and analysis of information from the State Treasury, the Ministry of Health, the Ministry of Social Policy, the Ministry of Economy, the Ministry of Regional Development, the National Health Service, the State Employment Center and the Social Insurance Fund on the distribution and expenditure of COVID-19 .

The Ministry of Finance also monitors the Prozorro electronic procurement system and open databases on a daily basis to obtain up-to-date information on procurement procedures, contracts and payments aimed at purchasing goods, works and services related to the fight against COVID-19; the list of customers who have made risky purchases is being processed.

Cooperation has been established with law enforcement agencies, in particular with the Security Service of Ukraine, in terms of exchanging information on risky procurement.

Territorial subdivisions of the State Audit Office interact with the heads of local authorities to exchange information on the use of local budgets and ensure control measures.

One of the latest initiatives of the Ministry of Finance is the resolution adopted by the Cabinet of Ministers on the disclosure of beneficial owners for the procurement of the COVID-19 fund.

Strengthening control over the efficiency and targeted use of COVID-19 budget funds will be continued.

The Ministry of Justice announced the start of a beta test of services for LLCs. Two services are available:

– Registration of LLC on the basis of the model charter. Submission of application: 20 minutes

– Transition of LLC to activity on the basis of the model charter. Submission of application: 10 minutes

You can register a limited liability company in 1 working day. Previously, the service was provided on the portal of the Ministry of Justice, and after testing will be available only on www.diia.gov.ua.  

You can choose a simplified system of taxation – apply for registration of VAT payers. Previously, these mutually exclusive statements were formed simultaneously, which was an obstacle for the LLC to carry out its activities.

Existing LLCs can move from their own version of the constituent documents to the new model charter.

The draft resolution of the Cabinet of Ministers of Ukraine “On approval of the Procedure for introduction of state regulation of prices for goods of economic entities that violate the requirements of legislation on protection of economic competition” was developed by the Ministry of Economy of Ukraine and published on June 9, 2020 – 

https://www.me.gov.ua/Documents/Detail?lang=uk-UA&id=8ef4f76c-95d8-45cd-a07a-36d96dc2df5d&title=ProektPostanoviKabinetuMinistrivUkrainiproZatverdzhenniaPoriadkuZaprovadzhenniaDerzhavnogoReguliuvanniaTsinNaTovariSubktivGospodariuvannia-YakiPorushuiutVimogiZakonodavstvaProZakhistEkonomichnoiKonkurentsii. 

The draft resolution provides, in particular, to approve the Procedure for introduction of state regulation of prices for goods of economic entities that violate the requirements of the legislation on protection of economic competition (hereinafter – the Procedure).

According to the draft resolution, this Procedure determines the mechanism of introduction of state regulation of prices for goods of economic entities that violate the requirements of the legislation on protection of economic competition, or commit actions that contain signs of violation of the legislation on protection of economic competition, setting such prices or other conditions sales of goods that could not be established in the presence of significant competition in the market, or by applying different prices or different other conditions to equivalent agreements with businesses, sellers or buyers without objectively justified reasons.

According to the draft resolution, the Procedure stipulates that the introduction of state regulation of prices for goods of economic entities is carried out by issuing a regulatory act within its powers, which develops, considers, adopts and promulgates taking into account the Law of Ukraine “On Principles of State Regulatory economic policy ”.

According to the draft resolution, the Procedure stipulates that the decision to introduce state regulation of prices in accordance with this Procedure is made by the following subjects of regulation – in the markets of medicines and medical devices (national and regional) – the Ministry of Health.

The basis for consideration of the issue of introduction of state regulation of prices for goods of economic entities is the recommendations of the Antimonopoly Committee of Ukraine.

The Office of Large Taxpayers of the State Tax Service of Ukraine notes that for the period of quarantine, transactions on supply in the customs territory of Ukraine of goods (including medicines, medical devices) involved in value added tax (VAT) are temporarily exempt. fight against a pandemic, the list of which is determined by the resolution of the Cabinet of Ministers of 20.03.2020 № 224 (hereinafter – the List № 224) (paragraph 71 of subsection 2 of section XX “Transitional Provisions” of the Tax Code of Ukraine (hereinafter – the Code).

Operations on supply of goods are operations on retail sale of goods to end consumers, including the sale by pharmacies of goods included in the List № 224, in accordance with the provisions of the Code.

In this case, in the case of exemption of the supply of goods from VAT under such transaction VAT is not charged, and a tax invoice is drawn up indicating “Excluding VAT” for the transaction exempt from this tax.

The value of goods included in the List № 224 must be determined without VAT from the date of introduction of the benefit established by paragraph 1 of subsection 2 of section XX “Transitional Provisions” of the Tax Code of Ukraine, ie from 17.03.2020. This requirement applies regardless of whether the contracts and primary documents drawn up for the supply of such goods contain provisions on the need to charge VAT or not, as well as regardless of the date of conclusion of such contracts.

Taxpayers who supplied goods included in List № 224, including VAT, should adjust their VAT liabilities for transactions carried out (“the first event” took place) from the date of introduction of the benefit (from 17.03.2020). ) until the date of entry into force of Law № 540 (until 02.04.2020).

In this case, taxpayers must make recalculations, according to which the amount of VAT paid (accrued) as part of the value of purchased goods and reflected in the tax invoices drawn up for transactions with such goods, which occurred in the period from 17.03.2020 to 02.04.2020. , must be either returned to buyers or credited to the cost of subsequent deliveries.

Therefore, during such an adjustment, the taxpayer-supplier has:

to calculate the adjustment to the tax invoice, which was drawn up with VAT, in which to indicate with a minus sign indicators for goods supplied from the List № 224. Such calculation of adjustment is subject to registration in the Unified Register of tax invoices by the recipient (buyer) of goods;

draw up and register in the Unified Register of Tax Invoices a tax invoice for a transaction for the supply of goods from List № 224, which is exempt from taxation, without VAT.

In this situation, the tax invoice, which was drawn up with VAT, and the calculation of adjustments to it in the tax reporting for VAT are not reflected.

If the supply of goods included in List № 224 was carried out with VAT to the final consumer (non-payer of VAT), due to which it is impossible to return the tax paid to buyers, the accrued amounts of tax liabilities are not adjusted by the direct seller. The relevant amount of VAT received from non-taxable final consumers as part of the price of goods is taken into account by such seller when determining the VAT liability for the relevant reporting period in the general order.

The Ministry of Economy of Ukraine in its letter № 3432-06 / 28337-07 dated 04.05.2020 noted that parts two and three of Article 45 of the Law of Ukraine “On Technical Regulations and Conformity Assessment” (hereinafter – the Law) define two equivalent ways of recognition and acceptance in Ukraine on the results of conformity assessment work carried out in other states – on the basis of an international agreement between Ukraine and a certain state, which provides for mutual recognition of conformity assessment results, or on the basis of an agreement on recognition of conformity assessment results between Ukrainian designated conformity assessment bodies and foreign accredited conformity assessment bodies.

The Ministry of Economy of Ukraine considers that the Ukrainian designated conformity assessment body performs the conformity assessment procedure defined in the technical regulations for medical devices, which recognizes certain conformity assessment works of the above European Union directives carried out by a European notified body on the basis of a contract ( agreements) on recognition with such a body, ensure compliance with the Ukrainian designated body for assessing compliance with the provisions of the first part of Article 45 of the Law in view of the following.

Part one of Article 45 of the Law establishes the general principle of recognition of conformity assessment results performed outside Ukraine, which applies to both methods of recognition – the results of conformity assessment conducted in another state are recognized and accepted in Ukraine if conformity assessment procedures are applied in that state ( even if they differ from Ukrainian procedures) provide the same or higher level of compliance with the requirements of the relevant technical regulations as Ukrainian conformity assessment procedures.

Part three of Article 45 of the Law does not contain requirements for the conclusion by Ukrainian designated conformity assessment bodies with foreign accredited conformity assessment bodies only of agreements on mutual recognition of conformity assessment results.

Given the content of this part, the Ukrainian designated conformity assessment body must first examine whether the conformity assessment procedures applied in another country (even if they differ from Ukrainian procedures) ensure not the lowest level of compliance with the relevant technical regulations as well as Ukrainian conformity assessment procedures. .

If the results of the study are positive, the Ukrainian designated conformity assessment body should obtain information from the foreign conformity assessment body on its accreditation in the relevant field and verify that the national accreditation body that has accredited such a foreign conformity assessment body is a member of the international conformity assessment body. or a regional accreditation body and / or has entered into a mutual recognition agreement with such organization in relation to the relevant conformity assessment activities.

In addition, in accordance with the third paragraph of the third part of Article 45 of the Law, the conformity assessment body (test reports, conformity documents, etc.) conducted by a foreign accredited conformity assessment body is appointed, applies the conformity assessment procedure or part thereof and issues a document about the conformity provided by this procedure, under the responsibility.

Thus, the Ministry of Economy of Ukraine considers that subject to the above requirements, the Ukrainian designated conformity assessment body has the right to enter into an agreement (agreement) with a foreign accredited conformity assessment body on recognition (both mutual and unilateral) of the results of conformity assessment and within the framework of such an agreement (contract) on the basis of a document of conformity issued by a foreign accredited conformity assessment body, apply the conformity assessment procedure or its part and issue the document of conformity provided by this procedure under its responsibility.

As for the terms of such agreements (contracts), according to the letter of the Ministry, they are determined by agreement of the parties.

At the same time, the chief technical regulator notes that the current legislation does not define a standard or approximate form of agreements on recognition of conformity assessment results between conformity assessment bodies, which, in turn, allows conformity assessment bodies to use their own developed forms.

In the opinion of the Ministry of Economy of Ukraine, the conformity assessment procedures provided for in Directives № 93/42 / EEC, № 98/79 / EEC and № 90/385 / EEC ensure the same level of compliance, respectively.

– Technical regulations on medical devices, approved by the resolution of the Cabinet of Ministers of Ukraine dated 02.10.2013 № 753,

– Technical regulations on medical devices for in vitro diagnostics, approved by the resolution of the Cabinet of Ministers of Ukraine dated 02.10.2013 № 754,

– Technical regulations on active implantable medical devices, approved by the resolution of the Cabinet of Ministers of Ukraine dated 02.10.2013 № 755,

as well as the Ukrainian conformity assessment procedures provided for in these technical regulations.