LEGISLATIVE ACTS<\/p>\n
Non-Disclosure and Non-Compete Obligations of Corporate Officers<\/strong><\/p>\n On June 17, 2018, the new Law<\/a>\u00a0<\/span>(1) On LLCs and ALCs became effective. This Law has extended the obligations of corporate officers at LLCs and ALCs (members of the executive body, supervisory board, other persons defined by the company\u2019s charter) and laid down the additional dismissal grounds for violations of those obligations.<\/p>\n Details<\/a><\/p>\n New Residence Permits<\/strong><\/p>\n On April 25, 2018, the Cabinet of Ministers of Ukraine has adopted two Resolutions, No. 321<\/a>\u00a0<\/span>(2) and No. 322<\/a>\u00a0<\/span>(3) approving new procedures for obtaining permanent and temporary residence permits, respectively. On June 1, 2018, these Resolutions became effective.<\/p>\n Details<\/a><\/p>\n Getting Temporary Residence Permits Became Easier<\/strong><\/p>\n On July 18, 2018, the Cabinet of Ministers of Ukraine approved the Resolution<\/a>\u00a0<\/span>(4) amending the Procedure for temporary residence permit obtainment. Before this, certain foreigners were required to leave Ukraine and return only to make their entry date later than the date of the work permit issuance.<\/p>\n Details<\/a><\/p>\n Employment Record Books of Representative Offices \u2013 GDIP\u2019s Monopoly Ceased<\/strong><\/p>\n On July 18, 2018, the Cabinet of Ministers of Ukraine approved the Resolution<\/a>\u00a0<\/span>(5) and the Decree<\/a>\u00a0<\/span>(6) lifting the obligation of the foreign representative offices to store employment record books at the Directorate-General for Representative Offices (the “GDIP”). Before that, only GDIP was authorized to make records in such employment record books. From now on, the representative offices may keep and file the employment record books by themselves.<\/p>\n \nJUDICIAL PRACTICE<\/p>\n Dismissal of Pregnant Woman upon Expiration of Fixed-Term Employment Agreement \u2013 Claims for Employer\u2019s Obligation to Employ, not Reinstatement<\/strong><\/p>\n The Grand Chamber of the Supreme Court in its Resolution<\/a>\u00a0<\/span>(7) dated May 16, 2018, resolved the case concerning that employer\u2019s right to dismiss a pregnant woman upon expiration of the fixed-term employment agreement.<\/p>\n Details<\/a><\/p>\n Trade Union Lacks Standing to Represent all Staff in Court<\/strong><\/p>\n The Grand Chamber of the Supreme Court in its Resolution<\/a>\u00a0<\/span>(8) dated May 23, 2018, stated that as the staff of the company is not a legal entity, it doesn\u2019t have standing before the court. Accordingly, the trade union is not authorized to represent the staff at commercial or civil proceedings. So, in lawsuits brought in the interests of staff, the trade union acts on its own behalf, not on behalf of the staff.<\/p>\n 1<\/sup> – The Law of Ukraine No. 2275-VIII \u201cOn Limited and Additional Liability Companies\u201d dated June 17, 2018;<\/a><\/p>\n 2<\/sup> –\u00a0Resolution of the Cabinet of Ministers of Ukraine No. 321 \u201cOn Approval of the Specimen, Technical Description of Form and the Procedure for the Issuance, Exchange, Cancellation, Transfer, Withdrawal, Return to the State, Invalidation and Elimination of Permanent Residence Permit\u201d dated April 25, 2018;<\/a><\/p>\n 3<\/sup> –\u00a0Resolution of the Cabinet of Ministers of Ukraine No. 322 \u201cOn Approval of the Specimen, Technical Description of Form and the Procedure for the Issuance, Exchange, Cancellation, Transfer, Withdrawal, Return to the State, Invalidation and Elimination of Temporary Residence Permit\u201d dated April 25, 2018;<\/a><\/p>\n 4<\/sup> –\u00a0 Resolution of the Cabinet of Ministers of Ukraine “On Amending paragraph 33 of the Procedure for the Issuance, Exchange, Cancellation, Transfer, Withdrawal, Return to the State, Invalidation and Elimination of Temporary Residence Permit\u201d dated July 18, 2018;<\/a><\/p>\n 5<\/sup> –\u00a0 Resolution of the Cabinet of Ministers of Ukraine “On Amending paragraph 4 of the Resolution of the Cabinet of Ministers of Ukraine No. 301dated April 27, 1993” dated July 18, 2018;<\/a><\/p>\n 6<\/sup> –\u00a0 Order of the Cabinet of Ministers of Ukraine “On Abrogation of paragraph 2.21 of the Instruction on the Procedure on Issuance of Employment Books” dated July 18, 2018;<\/a><\/p>\n 7<\/sup> –\u00a0Resolution of the Grand Chamber of the Supreme Court in case No. 759\/19440\/15 dated May 16, 2018;<\/a><\/p>\n 8<\/sup> –\u00a0Resolution of the Grand Chamber of the Supreme Court in case No. 910\/9010\/17 dated May 23, 2018.<\/a><\/p>\n <\/p>\n Contacts<\/strong><\/p>\n Oksana Voynarovska<\/strong> Valeriya Savchuk<\/strong>
\npartner
\nvoynarovska@vkp.ua<\/a><\/p>\n
\ncounsel
\nvsavchuk@vkp.ua<\/a><\/p>\n