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Lawyers of the MBLS managed to collect alimony for the maintenance of children in the amount of UAH 20,000  per month for two children by the Obolonsky District Court of Kyiv in favor of the mother.
Currently, this amount of alimony is one of the biggest in the country. 01.09.2020 Kyiv Court of Appeal upheld the this court decision, and the defendant's appeal - without satisfaction.
Defendant - a businessman, objecting to the lawsuit tried to prove his difficult financial situation with reference to the certificate of the tax inspection of zero income. The court did not take this argument into account, taking into account the corporate rights of the payer in 4 companies, property rights to real estate, proven costs in a large amount, and so on. The court also took into account the state of health of the parents, their marital status, the state of health of the children and other circumstances.
The full text of the decision of the Obolonsky district court of Kyiv can be found at the link http://reyestr.court.gov.ua/Review/88590800 

Among the "record holders" on the amount of alimony is also the decision of the Pechersk District Court of Kyiv, which in 2018 collected from the Deputy Minister of the Cabinet of Ministers of Ukraine under Yanukovych Volodymyr Sirotin alimony in the amount of UAH 20,000, taking into account the payer's wealth, his frequent border trips and the costs of the alimony payer proved by the debt collector.
In 2020, a decision of the Ternopil City District Court of the Ternopil region appeared, which collected alimony in the amount of UAH 13,000 from the co-owner of the ARS-Ceramics Trade Group (authorized capital - UAH 106,000,000). per child. The court took into account the property status of the father, who, in addition to these corporate rights, owns 2 apartments, a Lexus car, rents a house of 1,200 square meters.

Prior to that, it was known about the alimony received by TV presenter Snizhana Yegorova - in the amount of UAH 8,100. per child. The Obolonsky District Court of Kyiv denied Snizhana's lawsuit against her ex-husband, showman Anton Mukhvarsky, for increasing the amount of alimony, leaving the amount stipulated by the terms of the agreement between parents on child support, which provides for alimony payment of UAH 8,100. for 1 child. This case became widely known after the prank of Anton Mukharsky, who came to court naked, demonstrating Snizhana's efforts, in his opinion, to leave him in such a state after the recovery of alimony. When considering the case, the court found that the alimony payer had royalties for the use of his works and that the real estate payer had (3 apartments).

At the same time, unfortunately, the general practice of Ukrainian courts regarding the amount of child support, which is collected in hard cash, remains disappointing for recipients, as it tends to the minimum amount provided by law, which is currently for children aged 6 to 18. - 2218 hryvnias. The courts do not take into account the fact that the minimum size of the law provides for children whose duties are performed by the state, when the child does not have a second parent or such a father or mother avoids performing their duties.

Courts mostly ignore Part 2 of Art. 182 of the Family Code of Ukraine, which stipulates that the amount of alimony must be necessary and sufficient to ensure the harmonious development of the child. They also ignore the provisions of the International Convention on the Rights of the Child, adopted by UN General Assembly Resolution /50 / 155 of 21 December 1995, in which States parties, in particular Ukraine, recognize the right of every child to a standard of living, physical, mental, spiritual, moral and moral. social development of the child.
Of course, the subsistence level cannot ensure the harmonious development of the child, who, according to the court, after the divorce of parents should get used to the minimum costs, as if paying for the loss of understanding, love and respect between parents. Courts often do not pay attention to the standard of living of the alimony payer, nor to the child's standard of living, until the divorce of the parents.

In our opinion, this attitude of the courts to the amount of alimony has its roots in the Soviet Union with a planned economy, the lack of private business with approximately equal incomes.

However, times have changed - the income and wealth of alimony payers differ significantly. Unfortunately, however, the mentality of Ukrainian judges has not changed.

The practice of our company allows us to conclude that men, for the most part, are, to put it mildly, cunning in court, proving their insolvency. Opponents of our clients, receiving income from $ 5,000. The United States for a month, having corporate rights in companies, real estate, luxury cars, usually asked the court to collect from them for child support no more than the subsistence level, and preferably 50% of this amount (about 1000 UAH). In such cases, everything goes from the notification of the presence of illegitimate children, parents of pensioners and Chernobyl victims (without providing the court with evidence of the presence of these persons for the maintenance of the suit) to the provision of tax certificates of complete absence of alimony payer. All deceptions of the defendants in such cases require a separate article.

But the attitude of judges to such arguments is unfortunate. Sometimes it seems that the court is guided by the principle: "if a good person says that he can not pay more, then he can not."
Statistics on the amount of alimony awarded by a judge in a fixed amount of money indicate the standard approach of judges to this category of cases. For example, the average amount of child support in the practice of the chairman of the Glukhiv City District Court of Sumy region Sapon OV in 2020 is a little more than UAH 1,500. per month per child.
As a rule, judges take into account information about the lack of official income of the payer, and do not take data about his secure lifestyle, in particular the costs of the payer, which are many times higher than the subsistence level, the source of income can not explain the alimony payer .

But, despite the existing shameful jurisprudence, there are cases of courts defending the interests of children properly, in particular the above. We hope that such decisions will set an example for other judges, give them courage and shape new judicial practice.

Director of MBLS Law Firm LLC

Andriy Mashchenko

Зеленський підписав закон про підвищення мінімальної зарплати | Українська  правда

The President of Ukraine Volodymyr Zelenskyi signed the Law "On Amendments to the Law of Ukraine" On the State Budget of Ukraine for 2020 "№ 822-IX, which was adopted by the Parliament at its extraordinary session on August 25, 2020.

"These are the steps we can take towards a decent standard of living for Ukrainians. With the increase in the minimum wage, the incomes of public sector workers will increase: teachers, educators, social workers, as their salaries are calculated according to a single tariff grid, as well as doctors." noted Vladimir Zelensky.

As a result, from September 1, the minimum wage is increased:

- in the monthly amount from UAH 4,723 to UAH 5,000;

- in the hourly amount from UAH 28.31 to UAH 29.20.

Instead, the subsistence level remains unchanged. It was last increased on July 1, 2020.

Minimum monthly salary and salary of employees

The amount of the employee's salary for a fully performed monthly (hourly) rate of work may not be lower than the amount of the minimum wage (Part 1 of Article 31 of the Law of Ukraine "On Remuneration of Labor" of 24.03.1995 В 108/95-VR, hereinafter - the Law on wages). Therefore, starting from September 2020, they are paid at least UAH 5,000 per month and UAH 29.20 per hour.

In turn, the minimum salary (tariff rate) is set at a rate not less than the subsistence level set for able-bodied persons on January 1 of the calendar year (Part 6 of Article 6 of the Law on Remuneration of Labor). Therefore, this indicator remains unchanged during 2020 - UAH 2,102.

Therefore, according to these innovations, although employers are not obliged to change salaries from September 2020, which are provided by employment contracts or staffing, we still consider it appropriate to raise their size to the minimum wage to avoid sanctions. Often in organizations, the pay system is "tied" to the size of the minimum wage with "pegged" to inter-job ratios. Thus, the growth of the minimum wage will lead to a multiple increase in salaries. As all positions in the staff list are subject to changes, taking into account the need for additional payments, it is advisable to approve the staff list in a new version.

Therefore, if the staff list provides for salaries (tariff rates) in the amount of the minimum wage, then in case of its increase, an order should be issued to amend the staff list in order to eliminate violations in the remuneration of employees.

If the employee is charged a smaller salary, the employer faces a fine.

According to Art. 265 of the Labor Code, employers are financially responsible for violating the deadlines for payment of wages to employees for more than one month and its payment in full in the form of a fine of 3 minimum wages (now it is 15,000 UAH).

A number of indicators are determined depending on the size of the minimum wage or subsistence level, which is established by law as of January 1 of the tax (reporting) year. That is, their size is fixed on 01.01.2020, and they are valid throughout 2020.

So for the whole of 2020 remain unchanged:

- the amount of social tax benefit, as well as the maximum amount of income that entitles to it;

- non-taxable amounts of daily expenses;

- tax-free amount of gifts;

- non-taxable amount paid in favor of domestic higher and vocational education institutions;

- the amount of tax-free charitable assistance;

- tax-free payments or reimbursements from trade unions;

- real estate tax;

- single tax for payers of groups 1 and 2;

- car parking fee;

- transport tax;

- tourist tax;

- court fee;

- payment for administrative services and state duty;

- amounts of forgiven (canceled) debt, which are not included in the taxable income of an individual.

The President's Office also reminded that the increase of the "minimum wage" from September this year is the first stage, the second will be the increase from 2021 to 6 thousand hryvnias, and during 2021 the minimum wage should increase to 6.5 thousand hryvnias. funds to raise the "minimum wage" want to take from those who have saved on debt service. The amount will be UAH 3.5 billion. Savings became possible due to the deviation of the actual exchange rate of the national currency against foreign currencies compared to the forecast rate taken into account during the preparation of the State Budget for 2020.

Source:

https://zaxid.net/news/

https://biz.ligazakon.net/ua/news/192869_vdpovdalnst-za-neviplatu-zarplati-2020

https://www.pravda.com.ua/news/2020/08/29/7264607/

https://buh.ligazakon.net/ua/analitycs/197892_z-1-veresnya-zrosta-mnmalna-zarplata-yak-pokazniki-zmnyatsya

Aapitive quarantine in Ukraine has been extended until October 31. This decision was made by the Cabinet of Ministers yesterday, August 26. Health Minister Maxim Stepanov noted that the document provides for the strengthening of a number of restrictive measures.

Shmygal: "The increase in morbidity in recent weeks is forcing us to act more decisively. Today we will consider extending the quarantine for 2 months. Restrictions and zoning of areas by color will be valid at least until November 1. Until 31.10 we will extend the quarantine."

What changes are introduced by the new rules?

Quarantine in Ukraine is extended until October 31, 2020. Restrictive measures in the regions are also intensifying. This is due to the sharp increase in the number of cases of coronavirus disease. We need to understand that we are all in a new reality and it dictates new rules and the need to strictly adhere to security measures, "said the head of the Ministry of Health.

In particular, according to the Minister, in regions with a "green" level of epidemic danger will be prohibited discos, nightclubs, catering activities for leisure, as well as concerts (except for those held by cultural institutions, for which concert activities during last year is the main activity).

Maxim Stepanov also noted that the document gives local governments the right to access the data of the electronic service "Action at home" - for the current control of persons subject to self-isolation or observation, and persons who have violated the quarantine rules.

What are the consequences for business due to the extension of quarantine?

Due to the extension of adaptive quarantine until October 31 (inclusive):

1) Tax fines and penalties are not accrued. (With some exceptions)

exceptions:
- violation of the requirements for long-term life insurance contracts or insurance contracts within the framework of non-state pension provision, in particular, supplementary pension insurance;
- alienation of property that is in tax lien, without the consent of the supervisory authority;
- violation of the law in part:
accounting, production, storage and transportation of fuel, ethyl alcohol, alcoholic beverages and tobacco products;
targeted use of fuel, ethyl alcohol by taxpayers;
violation of accrual, declaration and payment of VAT, excise tax, rent.

2) There is a moratorium on tax audits (including the single social contribution)

exceptions:
- unscheduled documentary tax audits on the grounds specified in paragraphs. 78.1.8 TCU. These are documentary checks carried out to reimburse VAT;
- actual inspections for violation of the law in part:
accounting, licensing, production, use of storage and transportation of fuel, ethyl alcohol, alcoholic beverages and tobacco products;
implementation of functions defined by the legislation in the field of production and circulation of ethyl alcohol, alcoholic beverages and tobacco products, fuel, on the grounds specified in paragraphs. 80.2.2, 80.2.3 and 80.2.5 of the TCU.

2) There is a moratorium on tax audits (including the single social contribution)

3) Consideration of appeals to the tax authorities (complaints, inquiries, in particular, individual tax advice) is also postponed;

4) Employers can continue to idle; paid and unpaid leave for employees (but only at their request) by employees to work remotely.

But from September 1, despite the extension of quarantine, the State Labor Inspectorate will begin to de-shadow labor.

According to the State Traffic Police in the Zakarpattia region, from September 1, 2020, it is planned that the controlling bodies will begin inspection work to identify unregistered labor relations. Inspectors, in particular, will focus on agriculture and construction, trade, catering, hotel and restaurant business.
Taxpayers remind heads of enterprises, institutions, organizations of all forms of ownership and natural persons-entrepreneurs who use hired labor of their obligations to send a notice of hiring an employee to the tax inspectorate at the place of registration as payers of a single contribution to the mandatory state Social Insurance. Such notice must be sent at the beginning of the employee's employment contract.

You can learn about the peculiarities of the procedural terms and rent in our previous article https://mbls.com.ua/en/news/what-restrictions-are-set-for-the-duration-of-adaptive-quarantine-in-ukraine 

As for other issues related to the peculiarities of economic activity during the COVID-19 pandemic in Ukraine, you can consult our lawyers.

The Cabinet of Ministers of Ukraine extended the adaptive quarantine until August 31, 2020. The relevant decision was made by the Government at a meeting on July 22.

"Depending on the epidemic situation in the region or individual administrative-territorial units - districts, a green, yellow, orange or red level of epidemic danger of the spread of COVID-19 is set. The level is determined by automated software on the basis of certain algorithms and collected data and approved by the state commission on technogenic and ecological safety and emergencies", - said the Minister of Health of Ukraine Maxim Stepanov.

Online map of epidemic indicators:

http://www.arcgis.com/apps/webappviewer/index.html?id=b8ea3d22c51246528abb47ef94f20edb&extent=2735075.0877%2C6005362.9882%2C4667403.1628%2C7055913.5049%2C102100

At the same time, the head of the Ministry of Health stressed that even for the "green zone" certain quarantine restrictions continue to apply.

Therefore, these are the following quarantine restrictions for the "green zone":

✓ stay in public buildings in masks or respirators

✓ holding mass events: no more than 1 person per 5 square meters

✓ cinemas with 50% occupancy

✓ carriage of passengers only within seating

For the "yellow zone":

✓ visits to social protection institutions where the elderly are, except for those that provide services in crisis

✓ Green zone restrictions remain

For the "orange zone":

✓ activities of accommodation establishments (hostels, tourist bases, etc.), except hotels

✓ activities of entertainment establishments, restaurants at night

✓ gyms, fitness centers, cultural institutions

✓ restrictions for mass events: 1 person per 20 square meters. m. and not more than 100 people

✓ Restrictions on the yellow and green zones are maintained

For the "red zone":

✓ work of public transport

✓ activities of shopping malls, cafes and restaurants

✓ Restrictions on the green, yellow and orange zones are maintained

Features of procedural terms for the period of quarantine restrictions

On July 17, 2020, the Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine Concerning the Procedural Term of Quarantine Established by the Cabinet of Ministers of Ukraine to Prevent the Spread of Coronavirus Disease (COVID-19)” of June 18, 2020 №731- IX,entered into force, which amended, in particular, paragraph 3 of section XII "Final Provisions" of the Civil Procedure Code of Ukraine and paragraph 3 of section VI "Final Provisions" of the Code of Administrative Procedure of Ukraine.

Pursuant to Clause 2 of the Final and Transitional Provisions of this Law, the procedural terms extended in accordance with Clause 4 of Section X "Final Provisions" of the Commercial Procedural Code of Ukraine, Clause 3 of Section XII "Final Provisions" of the Civil Procedure Code of Ukraine, Clause 3 of Section VI " Final Provisions of the Code of Administrative Procedure of Ukraine as amended by the Law of Ukraine "On Amendments to Certain Legislative Acts of Ukraine Aimed at Providing Additional Social and Economic Guarantees in Connection with the Spread of Coronavirus Disease (COVID-19)" № 540-IX of March 30 2020, expire 20 days after the entry into force of this Law.During this 20-day period, the parties to the case and persons who did not participate in the case, if the court has decided on their rights, interests and (or) responsibilities (if they have the right to take appropriate procedural actions under these codes ), have the right to extend the procedural terms on the grounds established by this Law.

Therefore, all court decisions adopted on March 12, 2020 (from the beginning of the introduction of quarantine in accordance with the resolution of the Cabinet of Ministers of Ukraine of March 11, 2020) on August 7, entered into force.

(Source: https://court.gov.ua/press/news/978246/)

Features of rent for the duration of quarantine restrictions. Is it possible to get an exemption from rent?

The right to exemption from rent under certain conditions is provided by the Civil Code of Ukraine (Article 762). The Law of Ukraine “On Amendments to the Law of Ukraine“ On the State Budget of Ukraine for 2020 ”of April 13, 2020 № 553-IX, which entered into force on April 18, 2020, amended the Civil Code to specify the conditions under which tenants have the right to dismissal.

To get an exemption from rent you need:

1) Check whether the prohibitions on certain business and other activities introduced by the resolution of the Cabinet of Ministers of Ukraine "On prevention of the spread of acute respiratory disease COVID-19 caused by coronavirus SARS-CoV-2" of March 11, 2020 № 21 (with changes and additions) to the type of activity (purpose) for which the state property is used under the lease agreement;

2) If so, the tenant applies to the landlord with a request to release such a tenant from the rent under the contract in accordance with Article 762 of the Civil Code of Ukraine;

3) Upon receipt of the lessee's request, the lessor together with the balance holder of the property that is the subject of the lease agreement, conducts an inspection of the leased premises in order to obtain evidence of suspension by the lessee of activities on the leased object;

4) Based on the application of the lessee and the survey report drawn up by the representatives of the lessor and the balance holder, the lessor decides to release the lessee from paying the rent for the quarantine period.

In connection with the adoption of the Resolution of the Cabinet of Ministers of Ukraine of July 15, 2020 № 611 "Some issues of payment of rent for state property during quarantine" are exempt (in whole or in part) from rent to tenants defined in Annexes 1-3 to this regulations, regardless of whether such tenants have ceased their activities on the leased property for the period of quarantine. In this case, it is not required to prove the fact of non-use of the leased object, ie to conduct a commission inspection.

As for other issues related to the peculiarities of economic activity during the COVID-19 pandemic in Ukraine, you can consult our lawyers.

 
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Bosco Conference - annual international B2C conference and exhibition WealthPro Ukraine Kyiv 2020, has been held on February 20-21st at Hilton Kyiv.
Andrii Mashchenko of MBLS Law firm has participated.
WealthPro Ukraine Kyiv is a unique networking platform that allows professionals in corporate law, taxation and structuring of international business to meet their partners and clients from all around the world.
The program of the conference covered such topics as investment, business immigration, taxation, wealth management, asset protection, building international structures, etc.
 
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