RESTRICTEDWORLD TRADE
ORGANIZATIONWT/ACC/UKR/111/Add.1
19 June 2003
(03-3289)
Working Party on the
Accession of UkraineOriginal:  English
ACCESSION OF UKRAINE
Laws and Draft Laws Relevant to Ukraine's Accession to the WTO
Addendum
The attached table provides an analytic inventory of Ukraine's laws and draft laws relevant to
its accession to WTO.
The laws and draft laws in the table include all those mentioned in documentation currently
before the Working Party, as identified in WT/ACC/UKR/106/Rev.1 ("Checklist of documents
currently in usage concerning Ukraine's accession to WTO."), as well as more recent submissions.
The table is thus comprehensive, and supercedes all previous such information on legislation.
As regards the entries in the table under the column "Status", the following should be noted:
- the entry "pending in the Supreme Rada" indicates that a draft Law has been submitted to
the Supreme Rada, but has not yet had its first reading.
- the entry "not re-registered" indicates that a draft law has not been carried over into the
present convocation of the Supreme Rada(which is the result of the Parliamentary
elections of 31 March 2002) from the previous convocation of the Supreme Rada.  Therules of procedure of the Supreme Rada stipulate that when a draft law does not receive
its first reading during a convocation of the Supreme Rada it is considered to have been
rejected, and may not be re-registered in the subsequent convocation of the Supreme
Rada.
In the case of laws, the absence of any entry indicates that the law is in force.
_______________WT/ACC/UKR/111/Add.1
Page 2Laws or Draft LawsMade available to
WTO?Status Comments and notes
General
Law "On Foreign Economic Activity" No.959-XII, of
16 April 1991Yes It is a framework law dealing in general with all aspects of foreign
trade. Has been amended after submission to the WTO Secretariatby laws No. 2953-III  of 17 January 2002, No. 3047-III of
17 July 2002, No. 362-IV of 25 December 2002. See also [15]
Law "On Enterprises in Ukraine" No.887-XII, of
27 March 1991Yes Lists types of enterprises and explains their status
Law "On Entrepreneurship" No.698-XII, of
7 February 1991Yes Sets registration procedures for businesses and general principles of
entrepreneurial activity.
Law "On Taxation of Income of Enterprises" No.283/97,of 22 May 1997No The main law for corporate income tax.
Law "On the Budget System" No.512-XII, of
5 December 1990No Replaced by [6]
Budget Code of Ukraine No.2542-III, of 21 June 2001 No Replaces [5]
Land Code of Ukraine Yes Sets basic principles of land ownership, including the restriction of
rights of foreigners and foreign companies to own land in Ukraine.
Draft Law "On Amendment of Some Legislative Acts ofUkraine" No.1218, of 17 June 2002Yes Pending in the Supreme
RadaProhibits duplication of functions of government authorities.
Law "On Prices and Pricing" No.507-XII, of
5 December 1990No Governs state price regulations.
Law of Ukraine "On 2002 State Budget of Ukraine"
No. 2905-III of 20 December 2001No
Law "On Judiciary" No.3018-III, of 7 July 2002 No Establishes the structure and the system of courts in Ukraine
Customs duties
Draft Law "On Single Customs Tariff" No.3376, of
23 June 1999No Not re-registered
Law "On the Single Customs Tariff" No.2097-XII, of
5 February 1992Yes Establishes various types and modalities of tariffs, for example anti-
dumping tariffs, and exemptions from import duties
Draft Law "On the Amendment of Article 19 of the Law"On the Uniform Customs Tariff" No. 7445-3, of10 September 2001No Pending in the Supreme
Rada.Aims to cancel exemption of paints and waxes from import duty.
Aims to amend [13].  Does not aim to amend [15] because the latteronly establishes duty rates.
Law "On the Customs Tariff of Ukraine" No. 2371, of5 April 2001No Sets customs tariff duty rates.WT/ACC/UKR/111/Add.1
Page 3Laws or Draft LawsMade available to
WTO?Status Comments and notes
Import licensing
Draft Law "On Amendment of the Law of Ukraine On
Foreign Economic Activity" No.2417, of18 November 2002No Pending in the Supreme
RadaAims to amend Article 16 of [1], dealing with import licensing.
Customs valuation
Customs Code of Ukraine No.92-IV, of 11 July 2002 Yes, as regards
sections on customsvaluation and IPRborder control
measuresExpected to come into
force on January 1, 2004
Customs Code of Ukraine No.1970-XII, of12 December 1991[17] replaces [18].
However [18] will stillgovern customsprocedures until [17]comes into effect, exceptas indicated in [19] and
[131].
Resolution of the Cabinet of Ministers "On the Approval
of the Procedure for Determining the Customs Values ofGoods and other Objects Crossing the Customs Border ofUkraine" No.1598, of 5 October 1998The resolution governs
the procedures forcustoms valuation until[17] comes into effect.
Internal taxes
Draft Tax Code Yes Approved in the second
reading. The draft TaxCode was amended afterits submission to theWTO Secretariat andnow is as of 8 April 2002
Law "On Tax System" No.1251-XII, of 25 June 1991 No The law sets a comprehensive list of taxes.
Draft Law "On Amendment of the Law of Ukraine On
Tax System" No.3394, of 16 April 2003No Pending in the Supreme
RadaAims to amend [21] so as to modify the hotel tax
Law "On Value Added Tax" No.168/97, of 3 April 1997 Yes
Draft Law "On Amendment of the Law of Ukraine "On
the Value Added Tax" No.3139, of 20 February 2003No Pending in the Supreme
RadaAims to amend the rules for taxation of sales of agricultural
products so as to extend VAT privileges to products sold to entities
not registered as VAT payers.WT/ACC/UKR/111/Add.1
Page 4Laws or Draft LawsMade available to
WTO?Status Comments and notes
Draft Law "On Amendment of Certain Laws of Ukraine
on the Excise and Import Duty Rates"No Has not yet been
submitted to theSupreme Rada
Draft Law "On Amendment of Article 11 of the Law ofUkraine "On Value Added Tax" No.4006-7, of20 October 1999Yes Not re-registered Aimed to provide selective tax exemptions.
Law "On Amendment of Certain Legislative Acts of
Ukraine on Taxation of Excisable Goods (Produce)" of4 November 1999 No.1214-XIVNo Amends [42], [89]. In [42] raises excise and import duty rates for
such products as malt beer and gasoline. Also, certain provisions onimport duty rates are moved from [42] to [89] without changing the
rates.
Law of Ukraine "On Rates of Import Duties and Excise
Duties Applied to Individual Vehicles" No. 216/96-VRof 24 May 1996No Applies excise taxes to motor vehicles except those manufactured
in Ukraine
Law "On the Excise Duty and Import Duty Rates forEthyl Alcohol and Alcoholic Products" No.178/96, of7 May 1996Yes Amended by [40], [43], [30], [31], [33], [35], [36]. The
amendments are incorporated into  the text of [29] that was
submitted to WTO. After being submitted to WTO [29] was furtheramended by [40], which has been made available to WTO.Establishes privileged rates of excise for alcohol and alcohol
products produced in Ukraine.
Law "On Amendment of the Law On Excise and Import
Duty Rates for Ethyl Spirit and Alcoholic Beverages" of14 July 1999, No.929-XIVNo Amends [29]. Exempts ethyl alcohol used for the production of
medicines from the excise duty. Extends the time limits fortemporary excise duty privileges for domestic producers of certaingoods.
Law "On the Amendment of the Law On the Excise DutyRate for Ethyl Alcohol and Alcohol Products" No.74/97, of 18 February 1997;Yes Amends [29]. Sets privileged excise duty rates for wines produced
from domestic raw materials.
Draft Law "On Amendment of the Law of Ukraine OnExcise Duty Rates for Certain Goods (Products)"
No.1047, of May 21, 2002Yes Pending in the Supreme
RadaAims to amend [42]. Aims to prohibit the import and sale of ethyl
gasoline and lead additives thereto.
Law "On the Amendment of Certain Laws of Ukraine onthe Taxation, Production and Circulation of GoodsSubject to the Excise" No. 195-IV, of 24, 2002Yes This law is the enacted Draft Law of Ukraine "On Amendments of
Certain Laws of Ukraine on Excise Taxes" No.1278-1, of July 5,2002. Amends [29], [37], [42], [38], [89], [92].
Law "On Amendment of the Law On Excise and ImportDuty Rates for Certain Goods (Produce)" of May 5,1999, No.620-XIVYes Amends [42] and so as to raise the excise duty rate for gasoline.WT/ACC/UKR/111/Add.1
Page 5Laws or Draft LawsMade available to
WTO?Status Comments and notes
Law "On the Amendment of the Law On the Excise Duty
Rate for Ethyl Alcohol and Alcohol Products" No.121/98, of 12 February 1998Yes Amends [29] so as to establish privileged excise duty rates for ethyl
alcohol used by domestic producers.
Law "On the Amendment of the Law On the Excise DutyRate for Ethyl Alcohol and Alcohol Products" No.339/97, of 12 June 1997;Yes Not in force. See [43]. Amends [29]. Sets privileged excise duty rates for wine produced
from domestic raw materials. The measure expired on January 1,2000.
Law "On the Excise for Alcoholic Beverages andTobacco Products" No.329/95, of 15 September 1995No Amended by [33] and [40]. [33] clarifies the procedures for
payment of the excise. [40] raises the excise rates for some alcoholand tobacco products.
Law "On the Excise and Import Duty Rates for Tobacco
Products" No.30/96, of 6 February 1996No Replaced by [39]. Amended by [40]. [40] raises import duty rates for certain tobacco
produces.
Law "On the Amendment of the Law On Excise andImport Duty Rates for Tobacco Products" of
19 November 1999, No.1246-XIVNo Replaces [38]. Raises the excise and import duty rates for cigars,
cigarettes and other tobacco products.
Law "On the Amendment of the Law On the Excise Duty
Rate for Ethyl Alcohol and Alcohol Products" No.  311-XIV, of 11 December 1998.Yes Amends [29], [37], [38] so as to raise the import duty rates for
cigarettes, malt beer and alcohols and excise duty rates forcigarettes and alcohols. [40] lowers the excise duty rate for maltbeer.
Law "On the Amendment of Certain Laws of Ukraine onTaxation of Goods Subject to the Excise and of Certain
Other Goods" No.347-IV, of 24 December 2002No Amends rules for determining goods eligible for tax privileges
when used in automobile production. This law is the enactment of
the Draft Law "On the Amendment of Certain Legislative Acts of
Ukraine Related to Taxation" No. 2486-d, of October 11, 2002,which was not made available to WTO.
Law "On the Excise Duty and Import Duty Rates forCertain Goods (Products)" No.313/96, of 11 July 1996Yes [42] deals with malt beer and gasoline. Amended by [27], [34].
After its being submitted to WTO it has also been amended byLaws No. 1521-III, of 2 March 2000, No. 1581-III, of23 March 2000, No. 1648-III, of 6 April 2000, No. 1813-III, of13 June 2000, No. 1962-III of 21 September 2000, No. 2371-III, of
5 April 2001. No. 195-IV, of 24. These amendments mostly reduce
the import duty rates for various products dealt with in [42] orestablish temporary exemptions from import duties for thoseproducts. These laws have not been made available to WTO. Afterits being submitted to WTO, the law was further amended by [33],
which has been made available to WTO. See also [32].
Law of Ukraine "On the Amendment of the Law On theExcise Duty Rate for Ethyl Alcohol and Alcohol
Products" No. 2137-III of 7 December 2000Yes Amends [29] so as to establish privileged excise duty rates for wine
produced from domestic raw materials. The measure expires on
January 1, 2004.WT/ACC/UKR/111/Add.1
Page 6Laws or Draft LawsMade available to
WTO?Status Comments and notes
Draft Law of Ukraine "On Amendments in the Law of
Ukraine "On Value Added Tax (VAT)" No.1277-1, of9 July 2002No Approved in the first
readingAims to tighten tax payment conditions and conditions for VAT
refunds on exports.
Law "On Order of Pay-off of the Obligations ofTaxpayers to Budgets and State Target Funds" No. 2181of 21 December 2000No Stipulates procedures for postponing, restructuring and writing off
tax obligations.
Note:  See also [118], [119], [120], [121], [123], [166],[167], [168].
Trade remedies
Law "On Safeguards of National Industry AgainstSubsidized Imports" No.331-XIV of 22 December 1998Yes General principles of trade remedies are also dealt with in [1]
Law "On Protection of National Producer form Dumped
Imports" No.330-XIV, of 22 December 1998Yes General principles of trade remedies are also dealt with in [1]
Law "On the Application of Safeguard Measures Against
Imports to Ukraine" No.332-XIV, of 22 December 1998Yes General principles of trade remedies are also dealt with in [1]
Law "On the Amendment of the Law of Ukraine on the
Uniform Rate of Duty" No. 334-XIV, of22 December 1998Yes General principles of trade remedies are also dealt with in [1].
Establishes basis for charging antidumping, countervailing andsafeguard duties.
Law "On the Amendments of the Law of the Ukrainian
SSR on Foreign Economic Activity" No.  335-XIV, of
22 December 1998.Yes Amends [1]. [Note – slightly different titles refer to the same law].
Law "On the Amendment of the Law of Ukraine on the
System of Taxation" No.  333-XIV, of22 December 1998Yes Amends [21]. General principles of trade remedies are also dealt
with in [1]. Establishes authority for charging antidumping,countervailing and safeguard duties.
TBT
Law of Ukraine "On Quality and Safety of Food Products
and Food Raw Materials" No. 771/97 of
23 December 1997Yes
Law "On Amendment of the Law of Ukraine "On the
Quality and Safety of Food Products and Food RawMaterials" No. 191- ІV of 24 October 2002Yes This law is the enactment of Draft Law No.1193, of 12 June 2002.
Law of Ukraine "On Assessment of Conformity"
No. 2406- ІІІ of 17 May 2001Yes Sets rules for assessment of conformity of goods and recognition of
conformity assessment performed in other countries. This law is theenacted Draft Law "On Conformity Assessment" No. 6013 dated
4 August 2000 that was submitted to WTOWT/ACC/UKR/111/Add.1
Page 7Laws or Draft LawsMade available to
WTO?Status Comments and notes
Law of Ukraine "On Standardization" No. 2408- ІІІ of
17 May 2001Yes Deals with development and adoption of standards. This law is the
enacted Draft Law On Standardization No. 6130 dated5 October 2000 that was submitted to WTO.
Decree of the Cabinet of Ministers "On Standardizationand Certification" No.46/93, of 10 May 1993Yes Amended by [57], [62].
Law "On the Amendment of the Code of Ukraine on
Administrative Infringements and of the Decree of theCabinet of Ministers on Standardization andCertification" No.543-IV, of 20 February 2003No Amends [56]
Draft Law "On Safety of Industrial Products" No Has not yet been
submitted to the
Supreme Rada
Draft Law of Ukraine "On the Responsibility ofSuppliers for the Output and Sale of Low Quality andHazardous Products" No.0942, of 14 May 2002Yes Pending in the Supreme
RadaAims to establish fines applicable to the producers and sellers of
low quality and hazardous products.
Law of Ukraine "On Accreditation of the ConformityAssessment Bodies" No. 2407- ІІІ of 17 May 2001Yes Establishes procedures for authorization of conformity assessment.
This law is the enacted Draft Law On Accreditation of ConformityAssessment Bodies No. 6014 dated 4 August 2000 that was
submitted to WTO.
Decree of the Cabinet of Ministers "On the State Control
over the Adherence to Standards, Norms and Rules and
Responsibility for Violation thereof" No.30-93, of8 April 1993Yes Amended by [62]
Law of Ukraine "On Amendment of Some Legislative
Acts of Ukraine" No. 540- ІV, of 20 February 2003Yes Amends [56], [61], [75]. Refers to the removal of duplication of
controlling functions delegated to the central executive powerbodies, and introduction of a conformity assessment procedurecompliant with the TBT Agreement for goods imported intoUkraine
Draft Law "On Milk and Dairy Products" No.3076, of
5 February 2003Yes Pending in the Supreme
Rada
Draft Law "On Safety of Electronic Products" Yes Has not yet been
submitted to theSupreme Rada
Draft Law "On Safety of Electro-technical Products" Yes Has not yet been
submitted to theSupreme RadaWT/ACC/UKR/111/Add.1
Page 8Laws or Draft LawsMade available to
WTO?Status Comments and notes
Law "On Fish, Sea Products and Sea Food Thereof"
No.486-IV, of 6 February 2003No This law is the enactment of the Draft Law "On Fish, Sea Products
and Sea Food" No.0979, of 14 May 2002, which was madeavailable to WTO.
SPS
Draft Law On Amendment of the Law of Ukraine On
Quality and Safety of Food and Food Products No. 6292
dated 14 December 2000;No Not re-registered.
Draft Law "On the Amendment of Certain Laws of
Ukraine" No.3101, of 9 March 1999No Not re-registered. Deals with sanitary and epidemic safety of the population.
Law "On Amendment of the Law of Ukraine On Sanitary
and Epidemic Safety of the Population" No.3073-III, of7 February 2002Yes Replaces [70]. This law is the enactment of the Draft Law "On
Amendment of the Law of Ukraine On Sanitary and EpidemicSafety of the Population" No.7428, of 31 January 2002, which wasmade available to WTO
Law "On Sanitary and Epidemic Safety of thePopulation" No.4004-XII, of 24 February 1994Yes Replaced by [69] After its being submitted to WTO the law was amended by [69].
Law ''On Amendment of the Law of Ukraine "On
Introducing Amendment to Some Laws Concerning
Veterinary Medicine" No.2775-III, of 15 November 2001Yes
Draft Law "On the State Sanitary and Hygienic
Expertise" No.3205, of 20 April 1999Yes Not re-registered Fundamental law on sanitary expertise. A new draft on this topic is
being developed in the relevant government authorities.
Draft Law "On Amendment of the Law of Ukraine OnVeterinary Medicine" No.4110, of 13 October 1999Yes Not re-registered Aimed to amend [75] Increases penalties for violation of veterinary
rules.
Law "On Veterinary Medicine" No. 2498-XII, of25 December 1992Yes Replaced by [75]
Law "On Veterinary Medicine" No. 569/96, of
5 December 1996Yes Replaces [74]. Amended by [62]
Law "On the Animal World" No.3041-XII, of
3 March 1993Yes Replaced by [78]
Law "On Quarantine of Plants" No.3348, of
30 June 1993No
Law "On the Animal World"  No.2894-III, of
13 December 2001Yes Replaces [76].
Law "On Pesticides and Agrochemicals" No.86/95, of
2 March 1995No Deals with registration of both imported and domestic pesticides
and agrochemicals.
Law "On the Protection of the Population from Infectious
Diseases" No.1645-III, of 6 April 2000YesWT/ACC/UKR/111/Add.1
Page 9Laws or Draft LawsMade available to
WTO?Status Comments and notes
Law "On Medication" No.123/96, of 4 April 1996 No Establishes registration requirements for medicines.
Note: see also [52], [53]
Free economic zones
Law of Ukraine "On General Grounds for Creating and
Functioning of the Special (Free) Economic Zones,"No.2673-XII, dated 13 October 1992No Sets basic principles of establishing free economic zones
Draft Law No.8338 of 3 December 2001 "On
Amendment of Some Laws of Ukraine on the Creation
and Functioning of Special (Free) Economic Zones and
Introduction of Special Investment Regime in the PriorityDevelopment Areas"Yes Re-registered as Draft
Law "On Amendment of
S o m e  L a w s  o f  U k r a i n e
on the Creation andFunctioning of Special(Free) Economic Zonesand Introduction ofSpecial Investment
Regime in the Priority
Development Areas"No.3162, of25 February 2003, whichwas not made available
to WTO. Pending in the
Supreme Rada.Stipulates that the definition of the "goods completely or
sufficiently processed" established in the Customs Code [17]
applies also to goods processed within free economic zones.
Draft Law "On Amendment of Some Laws of Ukraine on
the Creation and Functioning of Special (Free) EconomicZones and Introduction of Special Investment Regime inthe Priority Development Areas" No.2077, of20 August 2002No Pending in the Supreme
RadaAlternative draft to [83]. Aims to change the system of privileges
applied in Donetsk and Zakarpattia free economic zones. Stipulatesthat goods produced or processed in those free economic zones ifsold in Ukraine and out of the territory of the zones are taxed withVAT as if they were imported.
Draft Law "On Amendment of Some Laws of Ukraine onthe Creation and Functioning of Special (Free) Economic
Zones and Introduction of Special Investment Regime in
the Priority Development Areas" No.2569, of4 April 2003Yes Pending in the Supreme
RadaAlternative draft to [83]. Aims to exclude raw materials from the
scope of application of import duty exemptions for certain free
economic zones.
Government procurement
Law of Ukraine "On the Procurement of Goods, Worksand Services for State Needs" No. 1490-III, of
22 February 2000Yes After being submitted to WTO it has been amended by [87], which
has been made available to WTO.WT/ACC/UKR/111/Add.1
Page 10Laws or Draft LawsMade available to
WTO?Status Comments and notes
Law "On the Amendment of the Law of Ukraine On the
Procurement of Goods, Works and Services for StateNeeds No. 434-IV, of 16 January 2003Yes Amends [86], so as to clarify the procedures for government
procurement.
Draft Law "On the Amendment of the Law On PowerIndustry" No.2105, of 30 August 2002No Pending in the Supreme
RadaAmends article 18 dealing with tender procedures.
Agriculture
Law "On State Regulation of Import of Agricultural
Produce" of 17 July 1997, No.468/97Yes Requires obligatory certification of food product raw materials.
After its being submitted to WTO it has been amended by [27] and
[33], No. 1327-XIV, of 21 December 1999, No. 1476-III, of22 February 2000 (allows regulated prices for sugar), No. 1528-III,of 2 March 2000 (reduces import duty rates for animal fats),No. 2371-III, of 5 April 2001 (agricultural tariffs shall be
established in [15]), No. 2681-III, of 13 September 2001 (cancels
the requirement that even goods bro ught into the territory of
Ukraine in small consignment or for personal use must beaccompanied by a certificate of compliance), No. 2775-III, of15 November 2001 (extends the list of goods subject to veterinarycontrol). These laws have not been made available to WTO. See
also [91]
Draft Law "On Amendment of the Law of Ukraine On
State Regulation of Import of Agricultural Produce"No.5268, of 18 April 2000No Not re-registered Aimed to amend [89] so as to cancel the rule authorizing the
Cabinet of Ministers to establish quotas for agricultural products.This authority, contained in Article 3 of [89], expired on1 January 2003.
Draft Law "On Amendment of the Law of Ukraine OnState Regulation of Import of Agricultural Produce"No. 1202, of 12 January 2002Yes Not approved in first
readingAims to amend [89] by abolishing seasonal duties for fruits and
vegetables and changing the non-tariff regulation of imports ofanimal products.
Law "On State Regulation of Production and Trade inEthyl Alcohol, Cognac and Fruit Spirits, Alcoholic
Beverages and Tobacco Products" No.481/95, of
19 December 1995Yes Provides legal basis for licensing the right to import products
covered by the law. Amended by [33]. After its being submitted to
WTO it has been amended by Laws No. 1685-III, of 20 April 2000,
No. 2209-III, of 11 January 2001, No. 3032-III, of 7 February 2002.These laws were not made available to WTO, with the exception of[33].
Law of Ukraine "On State Regulation of SugarProduction and Sale" No. 758-XIV dated 17 June 1999;No Establishes quotas for the production and sale of sugar in domestic
and foreign markets.
Law of Ukraine "On Imports into Ukraine of Raw CaneSugar in 2001" No. 2462-III dated 29 May 2001;No Establishes import tariff quota for raw cane sugarWT/ACC/UKR/111/Add.1
Page 11Laws or Draft LawsMade available to
WTO?Status Comments and notes
Draft Law "On Amendment of the Law of Ukraine "On
Promoting the Development of Agriculture for 2001-2004"" No.7253, of 24 April 2001Yes Re-registered as Draft
Law "On Amendment ofthe Law of Ukraine "OnPromoting theDevelopment ofAgriculture for 2001-
2004". No.1137, of
4 June 2002. Pending inthe Supreme Rada.Deals with obligatory utilization by tobacco producers of tobacco
raw materials grown and fermented in Ukraine.
Law "On Export Duty Rates for Selected Oil SeedCultures" No. 1033-XIV, of 10 September 1999Yes Amended by [98]
Draft Law "On Revoking the Law of Ukraine On Export
Duty Rates for Seeds of Certain Oil Crops" No. 5036, of1 February 2000Yes Not re-registered Aimed to revoke [96].
Law "On Amendments to Certain Laws of Ukraine" No.
2555-III, of 21 June 2001No Amends [96]. Reduces the export duty rate for oil seeds from
23 per cent to 17 per cent
Draft Law "On Revoking the Law On Export Duty forLive Cattle and Leather Raw Materials" No. 4273, of
11 January 2000Yes Not re-registered Aimed to abolish [100]. The final version of the draft law was
rejected at a meeting of the Cabinet of Ministers on 11 April 2002.
Law "On Export Duty for Live Cattle and Leather RawMaterials" No.180/96, of 7 May 1996Yes Sets export duties for live cattle and leather raw materials.
Law "On Writing Off the Tax Debts of Tax Payers In
Connection with the Reform of Agricultural Sector" No.1565-III, of 16 March 2000Yes Writes off all debts for all taxes including tax fines and penalties if
those debts appeared before 1 January 2000.
Law of Ukraine "On the Priority of Social Developmentin Rural Areas and Agricultural Complex in theEconomy" of 15 May 1992, No.2346No Sets basic rules for providing agricultural subsidies in Ukraine
Law of Ukraine "On the Protection of the Environment"
No.1264-XII of 25 June 1991.No Deals with the state support for agriculture
Note: see also [38], [29], [30], [31], [32], [35], [36], [37],
[38], [39] [42], [43].
Other trade issues
Draft Law "On Amendment of Article 20 of the Law of
Ukraine "On Enterprises in Ukraine" No.5292, of4 May 2000No Not re-registered Aimed to require state en terprises to develop and approve financial
plansWT/ACC/UKR/111/Add.1
Page 12Laws or Draft LawsMade available to
WTO?Status Comments and notes
Law "On Protection of Economic Competition" No.
2210-III, of 11 January 2001No Deals with antimonopoly law. Sets procedures for applying
sanctions in cases of certain specific practices, such asanticompetitive coordination of business activities andanticompetitive concentration of businesses.
Law "On Regulation of Commodity Exchange (Barter)Transactions in Foreign Economic Activity" of23 December 1998, No. 351-XIVYes After its being submitted to the WTO Secretariat it has been
amended by Law No. 2035-III, of 5 October 2000, which has notbeen made available to the WTO Secretariat.
Law "On Give-and-Take  Raw Materials Transactions inForeign Economic Activity" of 15 September 1995
No.327/95Yes
Draft Law of Ukraine "On the Amendment of the Decree
of the Cabinet of Ministers On Currency Regulation andCurrency Control" No.2539, of 16 December 2002No Pending in the Supreme
RadaBanks that have only general license for currency exchange
transactions can only open currency exchange points by themselvesand cannot enter into agreements with agents authorizing them toestablish foreign currency exchange points and trade in currency ontheir own behalf.
Law "On Transit Shipments" No.1172-XIV, of20 October 1999No Sets framework rules on freedom of transit and prohibition of
discrimination among businesses.
Law "On Licensing Certain Types of EntrepreneurialActivity" No.1775-III, of 1 June 2000Yes After its being submitted to th e WTO Secretariat it has undergone
amendments by the following laws: No. 1969-III, of
21 September 2000, No. 2120-III, of 7 December 2000, No. 2209-
III of 11 January 2001 (excludes trade in ethyl alcohol, cognac andfruit alcohol raw materials and alcohol and tobacco products fromthe scope of application of [110]), No. 2257-III, of8 February 2001, No. 2344-III, of 5 April 2001, No. 2628-III, of11 July 2001, No. 2664-III, of 12 July 2001 (excludes trade in
financial services from the scope of application of [110]), No. 2745-
III, of 4 October 2001, No. 2759-III, of 4 October 2001, No. 2905-III, of 20 December 2001, No. 2953-III, of 17 January 2002, No.2984-III, of January 17, 2002 (excludes trade in education servicesfrom the scope of application of [110]), No. 3073-III, of
7 March 2002, No. 3077-III, of 7 March 2002, No. 380-IV, of
26 December 2002, No. 411-IV, of 26 December 2002, No. 546-IV,of 20 February 2003. If not indicated otherwise herein the laws addnew items to the list of business activities subject lo licensing. Theoriginal list is contained in [110]. These laws have not been madeavailable to WTO.WT/ACC/UKR/111/Add.1
Page 13Laws or Draft LawsMade available to
WTO?Status Comments and notes
Law "On International Treaties of Ukraine" No.3767-
XII, of 22 December 1993No
Law "On Introducing a Single Fee Payable at Ukraine's
Border Checkpoints" No. 1212-XIV, of4 November 1999Yes Simplifies clearance of vehicles at entry points. Amended by [113]
and Law No. 387-IV, of 26 December 2002. The latter law exemptsvehicles carrying goods for humanitarian relief from the single fee.
Law "On Amendments to the Law of Ukraine OnIntroducing a Single Fee Payable at Ukraine's BorderCheckpoints" No. 2659-III, of 12 July 2001Yes Amends [112]
Draft Law of Ukraine "On Amendment of the Law of
Ukraine on Payment Systems and Transfer of Money in
Ukraine" No.3120, of 28 February 2003No Pending in the Supreme
RadaAimed at the reduction of plastic card fraud through such measures
as monitoring of transactions.
Law "On Amendment of Some Laws on the State
Support to Automobile-Constructing Industry in
Ukraine" No.2779-III of 15 November 2001Yes Amends [119], [4], [23] modifies the system of privileges for
automobile industry to make more enterprises qualify for them.
Decree of the President of Ukraine "On the Procedure for
the Establishment (Abrogation) of Export Restrictions inAccordance with International Commitments of Ukraine"No. 861/99 of 15 July 1999Yes
Law "On State Regulation of Getting, Processing and
Utilisation of Precious Stones and Precious Metals and
Control Over the Transactions Therewith" No. 637/97-
ВР of 18 November 1997.Yes
Law "On Some Issues of Currency Regulation and
Taxation of Subjects of the Experimental Zone Sivash"No.  65/96, of 23 February 1996Yes Sets privileges for VAT and excise duty applicable to businesses
registered in the Sivash zone.
Law "On Stimulating Production of Automobiles inUkraine" No.  535/97, of 19 September 1997.Yes Amends [4], [23] so as to set tax privileges for domestic producers
of automobiles and domestically produced automobiles. See also[122].
Law "On the Measures of Support for ShipbuildingEnterprises in Ukraine" No.  1242-XIV, of
18 November 1999.Yes Amends [4], [23] so as to set tax privileges for domestic producers
of ships and domestically produced ships.
Law "On the Elimination of Discriminatory Taxation of
Subjects of Entrepreneurial Activity Created With the
Participation of Foreign Capital and Funds" No. 1457-III,17 February 2000Yes Cancels privileged taxation of businesses with foreign investment
established from 1992 to 1996.WT/ACC/UKR/111/Add.1
Page 14Laws or Draft LawsMade available to
WTO?Status Comments and notes
Draft Law On Amendment of Some Legislative Acts of
Ukraine on Regulation of Car Market in UkraineNo.2445, of 22 November 2002No Pending in the Supreme
RadaAims to amend [119] so as to postpone the date of coming into
force of the prohibition of import of automobiles that do not have aunit to neutralize poisonous fractions of the exhaust from January 1,2003 to January 1, 2007.
Law "On Amendments in Certain Legal Acts ConcerningState Support to the Automobile-Building Industry ofUkraine" No.2134-III, of 7 December 2000Yes Amends [119]. The main purpose is to increase the excise duty and
import duty rates for automobiles. The increase of the excise dutyapplies to both domestically produced and imported automobiles.
TRIPS
Draft Law "On Amendments to Certain Legislative Actsof Ukraine on Intellectual Property" No. 1238Yes Adopted at its second and final reading and awaits promulgation.
Amends the following Codes and Laws [126] [127] [128] [129][130] [132] [133] [134] [135] [136] [137]. The main purposes of theamendments are described in the notes to each of these codes and
laws.
Civil Code Yes Book IV spells out general protections to intellectual property,
including protection of undisclosed information, which is not yet
the subject of a specific law
Civil Procedures Code Yes [124] amends the Code to include provisions related to provisional
measures
Commercial Procedures Code Yes [124] amends the Code to include provisions related to provisional
measures.
Criminal Code Yes [124] amends the Code to specify the criminal penalties to be
applied to illegal acts involving intellectual property
Criminal Procedures Code Yes [124] amends the Code to ensure its application to all forms of
intellectual property
Customs Code Yes Expected to come into
force on January 1, 2004[124] amends the Code to strengthen border control measures. Until
the Customs Code comes into effect, border control measures aregoverned by the Resolution of the Cabinet of Ministers "On the
Procedures for Moving Across the Customs Border of Ukraine of
Goods and other Objects Containing Intellectual Property Objects"No.412, of April 28, 2001 (See [131]).
Resolution of the Cabinet of Ministers "On theProcedures for Moving Across the Customs Border ofUkraine of Goods and other Objects ContainingIntellectual Property Objects" No.412, of 28 April 2001.Yes Until [130] comes into
effect governs bordermeasures for intellectualproperty.
Law "On Protection of Rights to Industrial Designs"
No.3688-XII, of 15 December 1993Yes [124] amends this law to clarify implementation procedures and
strengthen protection.WT/ACC/UKR/111/Add.1
Page 15Laws or Draft LawsMade available to
WTO?Status Comments and notes
Law "On Protection of Rights to Trademarks for Goods
and Services" No.3689-XII, of 15 December 1993Yes [124] amends this law to clarify implementation procedures and
strengthen protection, in particular of well-known marks
Law "On the Protection of Rights to Lay-out Designs ofIntegrated Circuits" No.621/97, of 5 November 1997Yes [124] amends this law to clarify implementation procedures and
strengthen protection It clarifies and elaborates language oncompulsory licensing
Law "On Protection of Rights to Indications of Origin ofGoods" No.752-XIV, of 16 June 1999Yes [124] amends this law to clarify implementation procedures and
strengthen protection
Law "On Protection of Rights to Inventions and UtilityModels" No.3687-XII, of 15 December 1993Yes [124] amends this law to clarify implementation procedures and
strengthen protection. It also cl arifies and elaborates language on
compulsory licensing.
Law "On Amendment of the Law On Copyright andRelated Rights" No.2627-III, of 11 July 2001Yes Replaces [142]. It is the enactment of Draft Law On Amendments
to the Law of Ukraine "On Copyright and Related Rights" No. 1106
28 May 1998.  [124] amends this law to clarify implementation
procedures and strengthen protection.
Law "On the Specifics of State Regulation of theProduction, Export and Import of Laser Discs" No.2953-III of 17 January 2002Yes This law is the enactment of the Draft Law No.8278-1, of
27 November 2001
Draft Law "On Introducing Amendments to CertainLaws of Ukraine on the Protection of IntellectualProperty" (pertaining to licensing and supervision over
the export and import of discs for laser-readable systems)
of 24 February 2003 No. 3155.No Pending in the Supreme
RadaAims to clarify the powers of the government authorities to penalize
the infringers of the rules for the export and import of discs forlaser-readable systems.
Draft Law "On the Specifics of State Regulation of theProduction, Export and Import of Laser Discs" No.6251-of 1 December 2000Yes Rejected by the Supreme
Rada
Draft Law "On the Amendment of Certain LegislativeActs of Ukraine" No. 2292, of 11 October 2002No Pending in the Supreme
Rada.Deals with regulation of production, export and import of laser
readable discs
Law " On Copyright and Related Rights" No.3792-XII,of 23 December 1993Yes Replaced by [137]
"On Amendment of the Arbitration Procedural Code"
No.2413-III of 17 May 2001.Yes The Arbitration
Procedural Codeamended by [124] is now
entitled Commercial
Procedures Code [127].WT/ACC/UKR/111/Add.1
Page 16Laws or Draft LawsMade available to
WTO?Status Comments and notes
Draft Law (version 5 December 2000) On Amendment of
the Arbitration Procedural Code of Ukraine No. 4233dated 22 December 1999.Yes Not re-registered Aimed to clarify the procedures for pre-judicial settlement of
disputes.
The Law of Ukraine "On Amendments to the Law ofUkraine "On Protection of Rights to Trademarks andService Marks", No. 751- ХІV of 16 June 1999.No Prohibits the registration of indications of goods as trademarks if
the indications were used before 1 January 1992, by two or morelegal entities for similar goods.
Law "On Amendment of Some Legislative Acts on theReinforcement of Responsibility for Infringements in theField of Intellectual Property" No.2362-III, of
5 April 2001Yes
Law "On Protection Against Unfair Competition"
No.236/96, of 7 June 1996Yes Basic antimonopoly law.  Establishes powers of the Antimonopoly
Committee of Ukraine to fine in case of violations of antimonopolyrules, including violation of the rights for trademark and the rightsfor undisclosed information. See also [105] that sets procedures forapplying sanctions in cases of certain specific practices.
Law "On Ukraine's Accession to the Rome Conventionfor the Protection of Performers, Producers ofPhonograms and Broadcasting Organizations";Yes
Draft Law "On Introducing Amendments to the Law of
Ukraine "On Distribution of Audiovisual Works and
Phonogram Samples"" of 7 March 2002 No. 1297No
Draft Law "On Introducing Amendments to Certain
Legislative Acts of Ukraine on Intellectual Property"(pertaining to copyright and related rights) No. 1296, of3 July 2002No Pending in the Supreme
RadaAims to clarify the administration of copyright and the payment of
royalties.
Draft Law "On Introducing Amendments to the Law ofUkraine "On Property" of 26 July 2002, No. 2030No Approved in first reading
on 6 March 2003.
Law "On Amendment of the Law of Ukraine on the
Protection of Rights to Varieties of Plants" No. 2986-III,
of 17 January 2002No This is the enactment of Draft Law "On Amendment of the Law of
Ukraine on the Protection of Rights to Varieties of Plants" No.0958
of 12 May 1998,  which was made available to WTO.
Law "On the Distribution of Phonogram Samples" ofMarch 23, 2000, No.1587.Yes Provides that a controlling mark shall be placed on audiovisual
works and phonograms that are imported or exported.
Draft Law of Ukraine "On Amending the Law of Ukraine"On Distribution of Specimens of Audiovisual Worksand Phonograms" No. 1297 of 2 July 2002No Approved in first reading
on 6 February 2003Aims to redraft [153] to extend its coverage to include computer
programs and data bases.WT/ACC/UKR/111/Add.1
Page 17Laws or Draft LawsMade available to
WTO?Status Comments and notes
Law "On Joining International Agreement on the
Protection of New Plant Varieties" No. 209/ ВР, of
2 June 1995Yes
Law "On Ratification of Trademark Law Treaty"
No. 380/95- ВР of 13 October 1995No
Draft Law of Ukraine "On Ukraine's Accession to the
International Convention for the Protection of NewVarieties of Plants, 1991 Act"Yes Not re-registered Aims at the accession to the convention mentioned in the title of
[155] as amended by 1991 Act.
Law "On Joining Budapest Treaty on the InternationalRecognition of the Deposit of Microorganisms for the
Purposes of Patent Procedure" No. 474/96- ВР of
1 November 1996Yes
Law "On Joining Protocol of Madrid for the International
Registration of Trademarks" No. 1763- ІІІ of 1 June 2000Yes
Law "On Joining Nice Agreement Concerning the
International Classification of Goods and Services for thePurposes of the Registration of Marks"  No. 1762- ІІІ
21 September 2000Yes
Law "On Ratification of the Agreement on Prevention
and Cessation of the Use of False Trade Marks and
Geographical Indications" No. 1971- ІІІ of
21 September 2000No
Law "On Ukraine's Accession to WIPO Agreement On
Copyright" approved by Diplomatic Conference on20 December 1996" No. 2732-III, of 20 September 2001No
Law "On Ukraine's Accession to WIPO Agreement On
Performers and Phonograms Approved by DiplomaticConference on 20 December 1996" No.2732-III, of20 September 2001No
Law "On Ukraine's Accession to the International
Convention On Protection of Rights of Phonograms
Performers, Producers and of BroadcastingOrganizations" of 20 September 2001No
The Law of Ukraine "On State Succession of Ukraine"
No. 1543- ХІІ of 12 September 1991Yes Ukraine is a member of the Paris Convention for the Protection of
Industrial Property by succession.WT/ACC/UKR/111/Add.1
Page 18Laws or Draft LawsMade available to
WTO?Status Comments and notes
Services
Law "On the Amendment of the Law on the Value
Added Tax" No. 854, of 7 July 1999No Exempts from VAT sales of vouchers for recreation and medical
treatment in Crimea resorts. Amends [22]
Law "On the Amendment of the Law on the ValueAdded Tax" No. 943-XIV, of 14 July 1999No Exempts housing construction from VAT. Amends [22]
Law "On the Amendment of Certain Laws of Ukraine in
Order to Stimulate Investment Activity" No. 977 of
15 July 1999No Exempts fees for fundamental research, research and engineering
works from VAT, if such fees are paid from the state budget.
Amends [22]
Law "On Insurance" No. 85/96, of 7 March 1996 No Replaced by [171] Fundamental law for insurance services. This law is the enactme nt
of Draft Law No.2021-D, of 20 April 1999 which was notsubmitted to WTO. See also [172].
Draft Law "On Amendment of the Law of Ukraine "OnInsurance" No.2572, of 23 December 2002No Pending in the Supreme
RadaAims to amend [169]. Establishes rules for introduction of
compulsory insurance
Law "On Amending the Law of Ukraine on Insurance"No.2745-III, of 4 October 2001No Replaces [169].
Draft Law "On Amendment of Article 6 of the Law of
Ukraine "On Insurance" No. 1071, of 21 May 1998No Not-reregistered. Aimed to amend [169]. Extends the list of types of voluntary
insurance.
Law "On Banks and Banking Activity" No. 2121-III, of7 December 2000Yes Fundamental law for banking services. After its being submitted to
WTO, the law was amended by [174].
Law "On Amendments to the Law of Ukraine "On Banksand Banking Activity" No. 2740-III, of
20 September 2001No Amends [173]
Draft Law "On the Amendment of the Law On Banks
and Banking" No. 2558, of 19 December 2002No Pending in the Supreme
RadaAims to amend [173]. Allows the establishment of branches of
foreign banks
Draft Law "On Amendment of the Law of Ukraine "OnBanks and Banking" No. 3031, of 30 January 2003No Pending in the Supreme
RadaAims to amend [173]. Disallows the ownership of commercial
banks by the state
Law "On Auditing" No. 3125-XII, of 25 April 1993 No Framework law for auditing. Provides that only Ukrainian nationals
can be auditors. See also [178]
Draft Law No.7097 of 12 July 2001 "On Amendment ofthe Law of Ukraine "On Auditing""No Re-registered as Draft
Law "On Amendment ofthe Law of Ukraine "OnAuditing"" No.1282-1,
of 18 September 2002Aims to amend [177].
Draft Law "On the Amendment of the Law on Auditing"
No.2548, of 17 December 2002Yes Pending in the Supreme
Rada.Aims to cancel the rule that only Ukrainian nationals may be
auditors. Aims to amend [177].WT/ACC/UKR/111/Add.1
Page 19Laws or Draft LawsMade available to
WTO?Status Comments and notes
Law "On Bar" No. 2887-XII, of 19 December 1992 No Framework law for legal services. Provides that only Ukrainian
nationals can be licensed attorneys.
Draft Law "On the Amendment of the Law on Bar"No. 2001, of 15 July 2002No Pending in the Supreme
RadaAims to amend [180] so as to abolish the rule that only Ukrainian
nationals may be licensed attorneys.
Law "On Radio Bandwidth of Ukraine" No. 1770-III, of1 June 2000No Fundamental law for the distribution of bandwidth in Ukraine.
Draft Law "On Amendment of Certain Laws of Ukraine
in Connection with the Enactment of the Law of UkraineOn Radio-Frequency Resource of Ukraine" No.2117, of2 September 2002No Pending in the Supreme
RadaAimed at the implementation of [182]. Clarifies the functions of the
relevant government authorities
Law "On Television and Radio Broadcasting" No. 3759-XII, of 21 December 1993Yes
Draft Law "On Amendment of the Law On Television
and Radio Broadcasting" No. 2357-3, of
29 October 2002No Pending in the Supreme
RadaDeals with the compensation of moral damages. Aims to amend
[184].
Draft Law "On Amendment of Article 13 of the Law On
Television and Radio Broadcasting"No Not yet submitted to the
Supreme RadaAims to amend [184] so as to abolish the limitation of foreign
participation in television and radio broadcasting companies.
Draft Law "On Telecommunications" No. 2059-2, of28 March 2003No Not yet submitted to the
Supreme RadaAims to provide a framework law for telecommunications
Draft Law "On Postal Services" No Not yet submitted to the
Supreme Rada
Draft Law "On Amendment of the Law of Ukraine "OnInformation Agencies""No Approved in the first
readingAims to eliminate restrictions for foreign citizens and legal entities
with regard to the establishment of information agencies andlimitation of the amount of foreign investments in the statutorycapital of such agencies.
Draft Law "On Electronic Circulation of the Documents"
No. 0949, of 14 May 2002No Pending in the Supreme
Rada
ANNEX. Other issues of interest to members of the Working Party
Decree of the President of Ukraine "On the Main
Directions for the Investment Policy for 1999-2001" No.1004/99 of 18 August 1999Yes
Law "On Foreign Investment Regime" No.93/96, of
19 March 1996Yes Sets state guarantees of foreign investment in Ukraine.WT/ACC/UKR/111/Add.1
Page 20Laws or Draft LawsMade available to
WTO?Status Comments and notes
Draft Law "On Amendment of Article 5 of the Law of
Ukraine On Privatization of State-Owned Property andthe Law of Ukraine On the List of State-Owned Objectswhich are not Subject to Privatization" No.5041, of2 February 2000Yes Approved by the
Supreme Rada in thefinal reading No.1695-III, of 20 April 2000 butthe law has not comeinto effectAims to amend [194] and [195], so as to shorten the list of
properties exempt from privatization.
Law "On Privatization of State Owned Assets" No.2163-XII, of 4 March 1992Yes
Law "On List of State Property Assets not Subject to
Privatization" No.847-XIV, of 7 July 1999Yes
Law "On Specific Features of Privatization in the
Agroindustrial Complex" No.290/96, of 10 July 1999Yes
Law "On Specifics of Privatisation of Open Joint Stock
Company 'UKRTETCOM'" No.1869-III, 13 July 2000Yes Not re-registered
Draft Law "On the Amendment of the Law On
Privatization of Small State Enterprises" No.1160, of16 June 1998Yes Deleted from the agenda
of the Supreme Rada.Aims to clarify procedures of privatization, such as order of
payment. A new Draft Law was submitted to the Supreme Rada"On the State Program for Privatization"  No.3172, of 25 May 2003which also deals with procedures of privatization.
Law "On Privatization of Small State Enterprises"No.2171-XII, of 6 March 1992, Articles 15, 16, 22, 23.Yes
Law "On Protection of Foreign Investments in Ukraine"
No.1540a-XII, of  15 September 1991Yes
 Law "On the Amendment of the Law on State Statistics"
No.1922-III, of 13 July 2000Yes
Law "On Circulation of Bills of Exchange in Ukraine"
No.2374-III, of 5 April 2001Yes
Draft Law "On the State Property Fund" No.6212-1, of
20 February 2001No Not re-registered
Draft Law "On the State Budget of Ukraine for 2001" No No longer relevant
Draft Law "On Amendment of the Law of Ukraine "On
the Budget System of Ukraine"No Not re-registered
Law "On Conducting Payments in Foreign Currency"
No. 185/94, of 23 September 1994No Establishes compulsory sale of foreign currency.
Draft Law of Ukraine "On Protection of Personal Data"
No.2618, 10 January 2003Yes Pending in the Supreme
RadaAims to set procedures for handling personal information about
individuals.WT/ACC/UKR/111/Add.1
Page 21Laws or Draft LawsMade available to
WTO?Status Comments and notes
Law of Ukraine "On Concession Agreements," No.1039-
XIV, dated 14 September 1999Yes Deals with exploitation of natural resources. The title of the law is
sometimes also referred to as Law "On Production SharingAgreements".
Law of Ukraine "On Investment Activity," No.1560-XII,dated 18 September 1991No General principles of treatment of investment in Ukraine
Law of Ukraine "On Protection of Foreign Investments
in Ukraine," No.1540a-XII, dated 10 September 1991No General principles of treatment of foreign investment in Ukraine
Forest Code of Ukraine No.3852-XII of 21 January 1994 No Establishes rules for government spending to protect forests.
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