tv [untitled] March 22, 2023 12:30am-1:00am EET
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[000:00:00;00] and the bill that was removed 76 16 government - this is another bill that was canceled under the beautiful name of state regulation in the field of fisheries and carried out essentially a policy when our lakes, our wealth , our rivers, they are grazed by this law, they gave the right to unlimited fishing, they gave the right, in essence, without decisions local authorities to squander our reservoirs and practically the state, communal utility enterprises of the community, they would lose the opportunity to manage this, and it is no longer known in which hands the barbaric use would be
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of our reservoirs along with unlimited fishing. i am glad that this bill was also withdrawn because our team had just uh, a hundred thousand on both bills. well , it is impossible to pass such laws during the war, especially behind people's backs. as for the current bill 81-31 regarding changes to the tax code of ukraine and other legislative acts regarding the implementation of the international standard of automatic exchange of information on financial accounts, i want to say the following important things, well, first of all, it is unconditional, well, this law is about e-adaptation in ukraine
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international legislation regarding the goals of the agreement, this means control over all financial resources, the accumulation of information about the movement of financial resources, and not only the accumulation within ukraine, but also the transfer and exchange of this information outside , so that it is possible to control the integrity of the handling of financial resources and in that this includes anti-terrorist things, and 123 countries include the entire fatka association, and ukraine must also be part of this system , but what is the problem, the problem is already the second reading is already the final reading of this draft law, and the problem is that there are very fundamental conclusions of the main legal department of the verkhovna rada, and they completely coincide with the conclusions made by the experts of our team, however, the project introduces the practice of interpreting
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the terminology of the law. that is at the discretion of state bodies that they are applied, we are talking about multilateral agreements, the terms defined by this code must be applied and interpreted taking into account the agreement of the flag i just want to emphasize once again about the second the reading has not been corrected, this great defect of this law regarding legal uncertainty cannot be accepted in such terminological chaos as this document is responsible because then practically instead of the law , the cabinet of ministers will interpret the terms, which is unacceptable according to the decisions of the constitutional court of ukraine , whose decisions have repeatedly stated that the determining elements of the rule of law are
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the principles of legal certainty, clarity and unambiguity of the legal norm in this law are complete legal chaos and therefore it would be correct to do the following things it is correct to send this draft law on shortening the procedure for a repeated second reading and make all the necessary technical corrections in this important and necessary for ukraine law so that it fully complies with the constitution of ukraine and the interpretation of the constitutional court, and most importantly with the legal certainty of all the terminology used in this law thank you for your attention yuliya volodymyrivna please give me petrivna nina petrivna do you want a speech of 5 minutes and that's 15 edits as
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now i'll list it ok and put it on e-e voting for consideration of four of them means now we are talking about amendments 15 18 23 65 86 101 110 112 115 116 125 131 132 136 137 and for consideration of them you will put 131 132 136 137 good 5 minutes five sorry 5 minutes me nam dear colleagues, i will not repeat myself about the obvious importance of this draft law - it is one of the following ones that we have been working with since 2016. it is difficult for all citizens and businesses to understand, but i will now focus
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on one specific thing. i simply asked that when we implement various standards of the convention, so that we do not exaggerate the stage in our country, it is a difficult country, we are still a long way from tax culture, and therefore we need to go through this path in a civilized manner in order to prevent the outflow of capital and business from ukraine, and on the contrary , step by step to teach and accustom to discipline and to such a concept as the exchange of information that will take place between the competent authorities , starting in six months, they will begin to collect information, so my question is more about the specifics, as of january 1, 2023, ukraine has 72 bilateral treaties on the avoidance of double taxation, which correspond to the model conventions of the osr, each convention contains an article that defines the grounds for the exchange of information that is necessary for the competent authorities regarding
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transactions between business entities of such countries, such an exchange is implemented upon a so-called special request from the tax authority of one country to the tax authority of another country, this is not about financial information provided by financial agents to the competent authorities, this is information about transactions, i will repeat again between by economic entities of ukraine from another country and by an economic entity such that for the effective implementation of this process , the global forum of the ussr recommended establishing a requirement at the legislative level for such entities to ensure the storage of documents for at least five years, and project 8131 introducing the requirement of an exchange standard information upon request is repeated once again
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with tax information exclusively for economic transactions between entities establishes the storage of all primary documents not only for entities external economic activity, but also for all other legal entities that pay income tax, legal entities that pay the single tax and legal entities of non-profit enterprises and organizations, i.e. with the preservation of the current three-year period during which tax authorities can independently determine tax obligations, the so-called statute of limitations, the requirement of storage primary documents about established by this law within five years, for example please tell for manufacturers of goods for of the internal market for retail trade entities for medical facilities for utility companies for public
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organizations why and in my opinion the five-year storage period is definitely not justified. i proved this at the committee meeting. i want to repeat that such an obligation will only lead to and will simply create additional opportunities for regulatory or law enforcement agencies simply as an additional pressure on business, i am asking and explained to my colleagues that we should have the following what if a business entity started to carry out foreign economic activity, that is, to be a subject of foreign economic activity, the norm regarding the preservation of documents for five years should be applied to it, since this is already a norm that applies to entities that fall under the tso there is a seven-year storage period for its amendments, which i ask you to support 131 and 137, it is clearly written that
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for all entities we set different terms for storing documents, as this is required by common sense and without exaggerating the requirements for us that are laid down in the model tax convention, i ask you to support 131 and 137 amendments thank you no to petrivna, please i will take into account your amendments are correct yes 131 nina's amendment is required by the yuzhana committee, it is rejected no, it is rejected to oleksandr, what will you comment on all these amendments or on one of them thank you , dear colleagues, actually the text of the bill which you received, it is a full compliance with the icd requirements of our legislation in the field of information exchange , international exchange of tax information , which is carried out automatically
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, 165 member countries meet such requirements the global forum ucd is not responsible only ukraine and the russian federation i think that this is not the company we need to be in and not the country with which we should be equal in terms of our rules in this context, therefore the amendments are rejected i ask you to support the position of the committee and to reject the specified amendments i am putting to a vote amendment number 131 no , i do not need it, it has been rejected by the committee, please vote for 83, the decision has not been adopted i am putting it to a vote
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vote for 71, the decision is not adopted . block of editing 145-167 190-191 196 199 259 260 261 262 301 and of them we will take into account 259 and 260 4 minutes please 4 minutes of it is needed dear colleagues, i ask you to join the work because the previous decision was obviously wrong, we are only making a deterioration for our business and this is not a requirement of any kind. the speaker just spoke about the next block for me, it concerns the problem with the blocking of tax invoices. i would ask you to concentrate now and listen carefully to everything, it is simply about the blocking of tax
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invoices - it is it seems to me that on all tv channels, at all meetings with business and non-business people, they ask what it is and where such a problem came from, the problem is old and now i will just use a recent message business-budsman roman vashchuk in order to report what is happening today, according to the results of the research of the business-budsman council in the fourth quarter , the tax block blocked the tax invoices of 65,000 businesses out of 161 taxpayers who actively worked and taxed and registered tax invoices in fact at the committee meeting, we discuss this complex problem all the time, and the chairman of the committee named after the ministry of
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finance is supposedly working on the order of the smhor. but in reality, nothing changes he says in his post that to date, despite the allegedly adopted measures, all complaints from taxpayers that come to the council of business ombudsmen , or rather, most of them relate to the fact that complaints about the blocking of tax invoices are stopping the registration of tax invoices, this is stopping the possibility of using them to carry out business transactions in the future this is the laundering of working capital from payers, in fact, it seems to me that this topic , which was introduced back in 2016, should be modernized on completely different models of some kind of mathematical technical capabilities, and not in manual mode, which the tax service continues to do today. i am sorry to say this, but if this model has served
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its purpose, and now it must be replaced, it cannot be replaced, why in the most difficult period of time, when there was the longest blue period, our tax service stopped its activity business in ukraine when it could be stopped by the decision of the majority of the monomajority of the authorities at least for the time of martial law , therefore my two amendments, the first concerns that and by the way, if you are being told that the situation has improved. just now i spoke with a large payer in which a very large number of tax credits were blocked after making changes to the rainbow, 3% of them were unblocked. this is all the improvement that has taken place during this period of time, just mock the business in the future . we don't have such an opportunity. we don't have such a privilege. business must work in us with budget receipts. there are big
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problems and as long as they will hang noodles in your ears that everything is fine. business pays more they suffer more and more from ours therefore, the first amendment is to unblock all tax invoices that were blocked during martial law and the second is to stop the blocking of tax invoices until the introduction of a new highly intelligent system so that we are not fooled by fraudsters and we can work on new technologies that will stop fraudsters. i am for this, please support two amendments, all of ukraine is looking at you now , without exaggeration, the position of the committee, danyla oleksandrovych, the mentioned amendments, deviations , they have nothing to do with the text of this draft law and probably the author of these amendments knows that we have already partially taken them into account in other laws , work is underway to improve the system, and these amendments actually offer an absolutely unique
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repressive system of checks that are proposed to replace the system of blocking tax invoices during wartime, they are absolutely senseless and such that certainly cannot be taken into account, therefore we rejected them , we ask you to support the position in the committee. i put them into consideration, the 259th amendment, the authorship of yuzhani by the committee of rejections, the position of the parties, you heard, please determine and vote for the minutes for 96, the decision was made, and the 260th amendment of yuzhani, it was rejected by the committee
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, the position of the parties was heard, please determine what i will now show for 94, the decision is not accepted, show the results of voting by fractions thank you dear colleagues 317 amendments remain to appeal to people's deputies, dear friends. we adopted a resolution on issues related to the reporting of the work of the verkhovna rada. we agreed an hour after the end , but there are unique people who believe that they are equal to others . laska dmytro oleksandrovych thank you, dear colleagues, please listen in this hall , there are many lawyers in the past, in this hall
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, sooner or later, all of them have turned to lawyers and know what a lawyer's secret is, we from our team submitted only two edits, one of the 317th amendment is taken into account seriously. if it is not taken into account, it will seriously expand the limits of lawyer confidentiality and will give access to the data that you provide to lawyers. look, these are the basic values on which the european union is built, to which we are heading, these are the basic values for democratic states, so i am asking you very much to support washing machine 317 and not to expand the possibility of access to attorney confidentiality. thank you position of the committee, please dear colleagues, thank you, colleague, for such a fiery speech, but this speech has nothing to do with
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the content of the amendment, i asked you to pay attention to the fact that by the second reading and this agreement with the legal policy committee, we have narrowed the amount of information provided lawyers to only one piece of information related to trusts, foreign trusts administered by a lawyer. i don't know what information about a trust administered by a lawyer has to do with lawyer secrecy , and how else can you get this information, and it seems to me that we have our own well, we need to decide whether we are smarter , more beautiful, or we demand the return of military payments
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, or we protect foreign trusts, where is the money hidden ? we have finished discussing this and one more for confirmation yes, please gerashchenko dear colleagues, one amendment for confirmation , then we will vote on the law as a whole, please iryna volodymyrivna thank you, colleagues, i want to confirm amendment 276 and also pay attention to the following: we are currently discussing a very important draft law and all the deputies who have now presented their amendments have definitely worked on improving it and did not engage in amendment spam, and it is very unpleasant to hear that these are bad amendments. these are incorrect amendments from the head of the committee, we are currently discussing very
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serious topics. i want to remind you that mrs. yuzhanina . five years of this documentation well, please, thank you, i, frankly, do not know what you are not satisfied with, amendment 276, the amendment determines how the specified law enters into force, and absolutely corresponds to the goals of the legal application of this law and the goals of the implementation of the legislation to the norms of international legislation to the norms of the legislation of ukraine, we ask you to support this gas station and support the draft law as a whole, thank you yes, dear colleagues, i apologize
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, there is a committee for this, please dear colleagues , i will tell you about the information on this amendment dear colleagues, the 276th amendment is the authorship of danylo oleksandrovych of the hetmanship, which is here, it was put to the confirmation by iryna volodymyrivna and gerashchenko . dear colleagues, danylo oleksandrovych explained the position regarding the entry into force of the law, and i understand that he insists that this amendment should remain taken into account . dear colleagues, i put to confirm the 276th amendment, i ask the people's deputies to vote green
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for the 227th amendment remained taken into account, now we move on to the adoption of the law as a whole dear colleagues, take your seats i put the proposal to adopt in the second reading and as a whole with the necessary technical and legal amendments the draft law on amendments to the tax code of ukraine on the implementation of the international standard of automatic exchange of information on financial accounts project registration number 8131 ready to vote i ask people's deputies to vote for 263 decisions adopted to adopt the law as a whole greetings, colleagues. let's move on to the next bill, and by factions . please show. thank you. the next bill. 44:09 we
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agreed without discussion. i mean this second reading, so i immediately put the proposal to adopt in the repeated second reading and in general with the necessary technical legal amendments the draft law on amendments to the code of ukraine on bankruptcy procedures registration number 44-09 ready to vote i ask the people's deputies to vote for 255 decisions the law will be adopted as a whole . congratulations, when the next draft law 9027 is a draft law on making changes by 8:00 a.m. and the final and transitional provisions of the law of ukraine on public procurement regarding
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the possibility of changing the terms of the purchase agreement, i propose to consider this issue according to the shortened procedure, i ask you to vote for 216 , the decision has been made . dear colleagues, please. the committee on economic development at a meeting on march 15 in the mode of a video conference considered the draft law on amendments to section 10 of the end transitional provisions of the law on public procurement regarding the possible possibility of changing the terms of the procurement contract registration number 9027 and decided to recommend that the verkhovna rada adopt the draft law
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as a basis. the draft law is very important dear colleagues, because it takes into account the positions of long contracts that were concluded with state customers before the start of martial law this is a decision that you and i have to make in order to help a large number of enterprises of the state's counterparties to get out of the state of insolvency, because in fact they continue to do their work, but payment is made at pre-war prices, taking into account inflation , taking into account price increases and other factors, we developed and recommended the
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adoption of this bill in order to save ukrainian business. of the draft law , please oleksiychuk oleksandr vasyliovych faction of the political party, the servant of the people , please, please convey it to the american , please marikovsky dear colleagues we have this is the situation because of the war and because of procurement. we are forced to make such decisions and now this draft law is written so that the state will only benefit from it because it will be able to complete and hand over contracts for the restoration of infrastructure. therefore, i am asking you
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to support this draft law, which is very important for our countries now, thank you, please stepan ivanovich kubiv european solidarity faction dear mr. voice dear colleagues, is this draft law necessary? needed. we discussed it for a long time both at the faction and at the committee. and i want to say that establishing the essential conditions of the purchase contract and the concluded enrollment of the requirements of this law from july 1, 2020 to february 24, 2222 may change after it is signed until the obligations are fulfilled. in full in the cases provided
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