Legislative news on 21.05 – 31.05.207
Legislative news on 21.05 – 31.05.207The State Committee of Ukraine for Regulatory Policy and Entrepreneurship in its newsletter #2693 dated April 13, 2007 answered in the negative on the question whether a non-payment of the single tax should be consider as criminal action or not.
In this letter, the Committee emphasized that a complete listing of the various types of taxes and duties that are in affect in Ukraine are outlined in the Law of Ukraine “On the tax system” dated June 25, 1991 #1251. Only non-payment of those taxes and duties on this list in the above mentioned Law may be considered as criminal actions and punishable in accordance with the Criminal Code of Ukraine in particular under Art. 212.
The single tax is not listed in the Law “On the tax system”, and therefore the non-payment of the single tax cannot be criminally punishable under the Art. 212 of the Criminal Code of Ukraine.
In its newsletter dated March 12, 2007 #20-5-132 the Ministry of Justice indicated its interest on the issue of how to determine the currency equivalent of a contracted price.
Under Art. 179 of the Commercial Code of Ukraine, all commercial agreements should be concluded strictly in compliance with the terms of the Civil Code of Ukraine.
Thus, according to Art. 524 of the Civil Code of Ukraine, all monetary obligations in a contract should be indicated in the national monetary currency of Ukraine – the hryvna and parties to the contract can indicate the foreign currency equivalent of the contract monetary obligations.
The prices in the external commercial contracts can be defined in the foreign currency agreed to by the parties as outlined in Art. 189 of the Commercial Code of Ukraine.
Also, it should be mentioned that under Ukrainian legislation the price in the contract is considered as essential term of the contract and should be outlined without exception.
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