tv [untitled] May 4, 2023 3:00am-3:31am EEST
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[000:00:00;00] and in fact the draft law has positive norms that improve the resolution of certain issues related to the acquisition of ownership rights to agricultural land plots but there are dangerous norms that could not be improved by making amendments to the second reading i would like to focus paying attention to them, the amendments to the second part of article 89 of the land code of ukraine establish that all the rights and obligations of the owner of the land plot are transferred to the trust owner only if, in accordance with the law, the ownership of the person which has transferred its property into trust ownership is terminated. thus, the rights of the creditor or the trust that
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the owners of the debtor's obligations under the credit agreement are secured by the loan agreement are violated. and this is article 597-a of the civil code of ukraine , restrictions are established on the use of the land plot by the trust owner, it is possible to lease it only if the property right of the person who transferred this plot to the trust property is terminated, there is another very dangerous thing, this bill cancels the attention, the obligation of examination land management documentation when transferring a plot of land to an investor with significant investments. and this can lead to inefficient performance of the functions of the state to ensure the proper use and protection of land plots, and in the end it creates unequal conditions for all other owners when
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determining the maximum e-e area of agricultural land plots, which can be owned by a citizen - this is 10,000 hectares if it is owned by joint property rights of the spouses, it will be taken into account only by the member of the family under which it is registered the right of ownership. thus, conditions are created for the concentration of agricultural land in individual families, which is categorically prohibited by the existing legislation. the provision that verification of the purchaser or owner of the agricultural land plot is not carried out is an amendment to the fourth part - article 130 of the land code of ukraine, in particular , regarding the maximum area of land plots that can be owned when acquiring ownership of land for agricultural
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purposes. and this is for gardening 0.25 hectares for the management of a personal peasant economy of 2 hectares - attention may lead to the concentration of land plots of persons in violation of the requirements regarding the maximum amount of land that can be owned by one citizen, that is, this draft law contradicts the already existing law and it may be a collision or may become a reason for challenging this draft law in the event of adoption by the constitutional court of ukraine, based on the above, taking into account the positive things that i emphasized, it is very unfortunate that the committee
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at its meeting and during the working group did not took into account the amendments with which we proposed to improve this draft law and remove these risks, which i voiced above, the faction of parents cannot support it as a whole and in the second reading. thank you for your attention. in the second reading and as a whole with the necessary technical and legal amendments, the draft law on amendments to certain legislative acts of ukraine on improving the legal regulation of notarial education and of registration actions upon acquisition of rights to land plots registration number 75 32 ready
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to vote i ask people's deputies to vote for 257 the decision has been adopted the law has been adopted in general i congratulate colleagues let's move on to the next draft law 81:37 alternative to it 81 37 with an asterisk one i put a proposal to consider these draft laws for reduction the procedure is simply for people's deputies to vote for 246
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decisions have been made dear colleagues , please stepan ivanovych kubiv european solidarity dear sir, i am asking for a word pass on to ms. yuzhanina, thank you please nina petrivna yuzhanina dear colleagues, i did not imagine that people's deputies during the war would continue to worry about the owners of offshore companies and not about the armed forces of ukraine, not about every soldier or about the families of those who died two years ago, it was you here who exempted them from payment of personal income tax of such owners during the liquidation of controlled foreign companies, you thereby allowed the already known figures of the official
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ukrainian budget to under-receive uah 45 billion , they left this money with the owners of the company such offshore and local budgets did not comply with uah 8 billion and you want to say that we are now looking for money together with you for the armed forces of ukraine . to cynically pass laws in one's favor while ignoring the fact that now the bloodiest period of our large-scale war is not ours but against ukraine and the russian federation, therefore the expansion of the next relaxations for the owners of kicks i do not i accept it in general and ask you not to take the next
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steps, the war will end if in fact you continue to fill the pockets of such owners, do it, but definitely not now, because whenever you remove from accountability, now you are trying to remove from accountability those who do not distribute profits a these are large law firms, these are consulting companies that, including because of the war, opened huge offices, these are large companies that will work outside of ukraine with offshore status, and we don't even want to know what kind of companies they are and how many there are is out of bounds. thank you, please. dear colleagues, i just immediately said that when i asked what you were going to do in the negative, then i have a request that we all speak and then we will give the floor to the two authors of the bills because, well, before the agreed council, we agreed only against, but the authors of the bills insist that i invite grinchuk oksana anatoliivna faction of the political party, servant
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of the people i understand this oleksandrovych will replace her. in january of the 20th year, for the first time in the history of ukraine , an anti-offshore law was adopted, which taxed the income of controlled foreign companies located outside of ukraine . i remember that we were criticized then for this law by those who are now criticizing us for some changes in the mechanism. and what is the law currently being considered about? during this period of time, we have gained experience that has shown some shortcomings in the mechanism that you and i adopted, the mechanisms were adopted for the first time, therefore certain mistakes were definitely
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made. well, for example, what do we offer to do in this draft law clarify in which cases and with regard to which information taxpayers can submit requests at the request of the state tax service clarify the grounds for carrying out non-payment documentary checks clarify that the legal or legal control of controlled foreign companies is determined on december 31 determine the specifics of taxation of income from transactions with valuable with the formation papers , we determine the definitions of the concepts of trust and fiduciary duty, and we determine the features of inclusion in the kick report of non-profit and charitable organizations. in this way, we take into account the technical points that business asks us about, that the tax authorities ask us about, which were not
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taken into account in that bill. for the fact that the institute of anti-offshore legislation was held today. it is working, but it needs some changes, which i ask for your support . please, yaroslav ivanovich lisnyak dear colleagues, let me explain how this bill appeared after the vote by our parliament and our convening of very important changes, including the anti-offshore legislation of the so-called beps, there was time for the tax, the ministry of finance and all the experts involved other actions , the european inspector worked out changes to the law, this is a law that was approved by the tax and finance ministry when they adopted the changes
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about offshore companies. i remember that many colleagues opposed them, so this is what is happening now it is proposed that it settles many questions. these actions arose from business and the opponents of the draft law, as the previous speaker correctly said, there is no betrayal. if there is a desire to correct something, it can be done for the second reading. i was present at three working groups where there were representatives of the tax ministry of finance and business associations, the text that has now come out is a compromise, i.e. what was requested by business but not supported by the ministry of finance, what was requested by the ministry of finance but not supported by business was also excluded, so if we we want to make working conditions normal in ukraine, especially during the war, for sure this draft law can definitely be passed in the first reading if there is a desire to increase fines
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and strengthen control, then this desire can be implemented through the amendments of the second reading , but the draft law is definitely worth considering in the first reading, which is what all the leading people are asking for business associations, you can check it by entering the number of the law in google on the news , thank you, thank you, please ivan ivanovich, and after that, two authors of the draft laws will speak , the hetmantsev smart ones, let's move on to voting ivan krylko faction of the motherland eh, we analyzed this draft law together with our experts and during the meeting of the faction the faction of the fatherland cannot support it because his analysis shows that the approaches laid down in this draft law contradict, in particular, those positions and the requirements that exist, for example organizations such as fad, in addition to the remark to this draft law, the following are actually
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stopped and softened by the previously adopted norms of the tax code on transport pricing is controversial and the definition of a controller who owns a controlled foreign company, who acquires the obligation to report on the results of the reporting period, the draft establishes that only the controller who owns a share as of december 31 of the corresponding calendar year, which theoretically opens the way to fraud by the owner of the controlled land for example, may acquire control in ownership all year with a share and lose it before the end of the reporting period currently for determining the share of the controller of the controlled foreign company it is necessary to sum up the shares that belong to him together with any other related persons, at the same time, the circle of such persons is limited to the related persons of the first degree of kinship, i.e. the wife , the children, the period of the inspection of the controlling person cannot exceed 6
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months, on the other hand , the period for which the passage of terms has been stopped, which can lead to the fact that inspections will last for years. thus , we cannot support this bill in the first reading , but let's finalize it before the second reading and still establish the same rules for all business and for those companies that work in ukraine and for those companies that are defined here as controlled foreign companies , the rules should be the same for business , thank you, thank you dear colleagues, we have discussed this bill, let's give the authors an opportunity to speak of legislative initiatives , danylo oleksandrovich, then dmytro oleksandrovich, and proceeded to the vote , well actually, we discussed and exchanged opinions about this draft law, and from this
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discussion we understood its necessity and understood its essence, which consists exclusively in the correction of those technical points that were voiced from this rostrum, the only thing i would like to add to the discussion is that practically all associations, large businesses, associations have addressed they have addressed to each head of the faction with letters of support regarding this draft law, this is a european business the association is the american chamber of commerce - it is the ukrainian business council and many, many other structures that publicly and officially asked us to support this bill, this is important there is definitely no
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draft law here . neither politics nor betrayal. thank you. thank you. thank you. alexandrovych dmytro alexandrovych razumkov. please. thank you. dear colleagues. which was supported by the committee, unfortunately , the sensible policy bill was not supported by the committee there, but let's be honest when we say today that there is no money for the ukrainian army pay 30,000 each pay 100,000 each we have a deficit we give the opportunity to take funds offshore we give the opportunity to avoid paying taxes in ukraine when we now start talking about the fact that we will cancel taxes, the two percent tax exemption and raise up to five percent of the turnover, and on the other hand, we give offshore companies the opportunity to work more easily when we say that we are returning
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inspections for ukrainian business. then this ukrainian business will go offshore and will not work in our country. there will be nothing to pay our armed forces , there will be neither 30,000 nor 100,000 and so on. next, we will simply block any initiatives that return payments with resolutions balanced and to give the opportunity to ukrainian business to develop on the territory of our state and not to seek a better fate anywhere in the world thank you, dear colleagues, we have finished the discussion of these draft laws, please take
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places to prepare for the vote, let's move on to decision-making dear colleagues, i propose to accept as a basis, with amendments, to put, in accordance with the first part of article 116 of the regulations of the verkhovna rada of ukraine, the draft law on amendments to the tax code of ukraine on improving the taxation of controlled foreign companies, registration number of the draft law 81 37 is ready to vote, i ask people's deputies to vote for 241 decisions made by factions please show us let's move on to the next bill 605-29 is a draft law on amendments to the tax code of ukraine and other legislative acts of ukraine regarding the application of special economic and other
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restrictive measures of sanctions, i propose to consider this issue 6529 under the abbreviated procedure, i ask you to vote for 238 the decision was made e-e dear colleagues 20 against can we vote immediately or then with discussion then will you speak to oleksandrovich then two for two against please please fedienko oleksandr pavlovich
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faction of the political party servant of the people dear colleagues, there are no disagreements, only two people have signed up, so we will quickly move on to the voting. the hetman is successful . oleksandr oleksandrovich, please. dear colleagues , the draft law does not contain any betrayal. what is it actually about today ? can pay taxes because the sanctions prohibit them from carrying out financial transactions, well, this is uh, well, it's unfair, first of all, and secondly, it's unreasonable because, please note, we must accept taxes from all persons, including under sanctioned persons , in addition to this
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, there are no peculiarities in tax relations for these persons. yes, they are reimbursed vat on general grounds, for example . in terms of sanctioned persons , there would be no vat, in addition to this, the draft law provides for the publication of tax information about such sanctioned persons , the specifics of conducting inspections and reconciliations and cancellation of registration by the payer of a single tax, i.e. this draft law about subject persons in tax relations so that, on the one hand, the state can receive what is due from them, and on the other hand, we have foreseen certain restrictions for the activities of such persons in the field of taxation, please support thank you to aleksandrovych, dear mp maksym vitaliyovych savrasov, faction of the political party european solidarity , please pass the word no, you don't need a southerner , petrivna, southerners dear colleagues, after this,
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we will vote, please, i need dear colleagues, today we will still talk with you about the law on sanctions, it is not so simple and not so clear-cut if you have just been told that when you define additional sanctions that will apply to the tax legislation in the tax code, do not forget what else is in this law a number of actions that must be authorized , including by wax, including being determined through judicial authorities. currently, our tax service has already been completely transformed into a punitive body, because in the law about sanctions, there are such opportunities in the nsdc to impose sanctions as urgent measures to resolve crisis situations that threaten the national security of ukraine
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, any entrepreneur, any enterprise that exists, about which the political body of the nsdc will think so, can be included here just said that the only author of the draft law that we are currently considering is the only one on january 19, 22 of the year on the canon of war who says that such types of sanctions should be introduced in the tax code i i have a big doubt that these are rules aimed at improving tax administration. i'm sure for some reason, and even if you have doubts now, remember that the rules of the law are used to the advantage of political forces, and here this rule will be used specifically against business, so please do not support it. to the first reading by the way, it is a pity that
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you cynically supported the previous law . dear colleagues, we have completed the discussion of this draft law. please take your seats . take your seats. i propose to adopt the basis with elaboration of the provisions in accordance with the first part of article 116 of the regulations of the verkhovna rada of ukraine draft law on amendments to the tax code of ukraine and other legislative acts regarding the application of special economic and other restrictive sanctions measures registration number of the draft law 6529 ready to vote dear colleagues, i ask people's deputies
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to vote for 235 decisions were made by factions, show dear colleagues, we agreed to vote on the next bill immediately without discussion this is draft law 914-1 this is a draft law on amendments to the customs code of ukraine regarding the use of customs declarations and the electronic transit system provided for by the convention on the procedure of joint transit for the transit of the new codes of this code, i propose to include this issue in the agenda of the session of simply people's deputies to vote 276 decision to come i put forward a proposal to adopt the draft of the law on amendments to the customs code of ukraine regarding the use of customs declarations and the electronic transit system
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provided for by the convention on the joint transit procedure for the implementation of transit under the terms of this code, registration number 914-1, i ask the people's deputies to vote on the basis of yes yes for 291 decisions, yes, there is such a proposal i can put it to reduce by half the deadline for submitting amendments to prepare for the second reading of the draft law 1914-1, i apologize, dear colleagues, there is such a proposal, i put it. we are discussing it will be supported will be supported in the hall please i am putting forward a proposal to halve the deadline for submitting proposals for amendments to prepare for the second reading of the draft law 90.14-1 please
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vote for 236 the decision has been made dear colleagues thank you the next secret is also without discussion 91-84 this draft law will be held of amendments to the customs code of ukraine regarding the bringing of uktsed codes into compliance with the law of ukraine on the customs tariff of ukraine i propose to include this issue in the agenda of the session simply of people's deputies to vote for 288 decision to come i put a proposal to adopt as a basis the draft law on amendments to the customs code of ukraine on bringing the codes of the fta into compliance with the law of ukraine on the customs tariff of ukraine
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registration number 91 84 about international deputies to vote for 289 decision passed i put a proposal adopt as a whole, taking into account the proposals of the committee and with the necessary technical and legal amendments , the draft law will be amended to the customs code of ukraine on the implementation of uktzed codes in accordance with the law of ukraine on the customs tariff of ukraine, registration number 91 84, i ask the family of deputies to vote for the presidential election, ivan ivanovich, were you at the meeting, all the decisions that we are all talking about here, dear colleagues, let's move on to the next bill. i apologize ivan ivanovich, once again i
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say everything that we at the meeting of the conciliation council, we agree. i'm just bringing it out at the end. i'm rereading it again so that we all confirm. well, please. colleagues , let's be. 9107-1 is a draft law on amendments to certain legislative acts of ukraine regarding the improvement of the procedure for withdrawing the bank from the market under martial law conditions dear colleagues, this is the second reading, er , i understand that there will be the 86th amendment from the faction yes, 5 minutes no for petrivna and we vote yes and yulia volodymyrivna 5 minutes yes 5 minutes no on petrivna 5 minutes yuliya volodymyrivna then we vote for the draft law as a whole please no on petrivna yuzhaina then yulia volodymyrivna tymoshenko and then i vote instead of my 11 amendments i ask you to listen to our position because we had to work on it for a long time
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