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LAW OF UKRAINE

of April 21, 2022 No. 2215-IX

About desovietization of the legislation of Ukraine

According to Item 1 of the Section XV "Transitional provisions" of the Constitution of Ukraine according to which the laws and other regulations adopted before entry into force of the Constitution are effective in the part which is not contradicting the Constitution of Ukraine

despite article 3 of the Law of Ukraine "About legal succession of Ukraine" according to which the laws of the Ukrainian SSR and other acts adopted by the Verkhovna Rada of the Ukrainian SSR act on the territory of Ukraine as they do not contradict the laws of Ukraine adopted after declaration of independence of Ukraine

and for the purpose of desovietization and systematization of the legislation of Ukraine

The Verkhovna Rada of Ukraine decides:

I. Make changes to such legal acts of Ukraine:

1. In the Labor code of Ukraine (The sheet of the Verkhovna Rada of USSR, 1971, appendix to No. 50, the Art. 375):

The paragraph the fourth to state 1) to part one of Article 5-1 in the following edition:

"provision by the companies, organizations, organizations according to their previously submitted applications of occupational work to graduates of organizations of professional (professional), professional higher education";

Article 10 to state 2) in the following edition:

"Article 10. Collective agreement

The collective agreement is signed on the basis of the legislation, obligations assumed by the parties for the purpose of regulation of the production, employment and social and economic relationships and coordination of interests of workers and employers";

Part third of Article 17 to state 3) in the following edition:

"The collective agreement is valid in case of change of structure, structure, the name of the employer on behalf of which this Agreement is signed";

Part one of Article 21 to state 4) in the following edition:

"The employment contract is the agreement between the worker and the employer (the employer - physical person) on whom the worker shall perform the work determined by this agreement, and the employer (the employer - physical person) shall pay to the worker the salary and provide the working conditions necessary for performance of work, stipulated by the legislation about work, with the collective agreement and the agreement of the parties";

Part the second Article 32 to state 5) in the following edition:

"It is not considered transfer to other work and movement it at the same company, in organization, the organization on other workplace, in other structural division in the same area, the order of work on other mechanism or the equipment within specialty, qualification or the position caused by the employment contract does not require the consent of the worker. The employer has no right to move the worker for the work contraindicated to it for health reasons";

6) the first offer of part four of Article 36 to state in the following edition:

"In case of change of the owner of the company, organization, the organization, and also in case of their reorganization (merge, accession, separation, allocation, transformation) action of the employment contract of the worker continues";

Items 3 and 8 of part one of Article 40 to state 7) in the following edition:

"3) systematic non-execution by the worker without valid excuse the obligations assigned to it by the employment contract or employment policies and procedures if measures of authority punishment were applied to the worker earlier";

"8) making on plunder place of employment (including small) property of the employer established by the court verdict which took legal effect or the resolution of body which competence includes imposing of administrative punishment";

To state Items 1 and 3 of part three of Article 62 in the following edition:

"1) in case of work, necessary for defense of the country, and also prevention of natural disaster, production accident and immediate elimination of their consequences";

"3) in need of the end of the begun work which owing to contingencies or accidental delay on specifications of production could not be finished in normal working hours if the termination can lead it to spoil or destruction of property, and also in case of need urgent repair of machines, other equipment or the equipment if their defect causes cessation of work for considerable number of persons employed";

Item 5 parts one of Article 82 to state 9) in the following edition:

"5) time of off-the-job training lasting less than 10 months on day form of education in organizations of professional (professional) education";

Part the second Article 83 to state 10) in the following edition:

"In case of dismissal of the leading, pedagogical, scientific, scientific and pedagogical employees, specialists of educational institutions which before dismissal worked at least 10 months the monetary compensation is paid for unused them days of annual leaves at the rate of their complete duration.";

Part the fourth Article 85 to state 11) in the following edition:

"Achievement of high level of development of products by the certain worker, crew due to application on own initiative of new acceptances of work and the best experience, enhancement by own efforts of workplaces is not the basis for review of regulations";

Item 5 of Article 88 to state 12) in the following edition:

"5) healthy and safe working conditions (observance of rules and regulations on safe engineering, necessary lighting, heating, ventilation, elimination of harmful consequences of noise, radiations, vibration and other factors which negatively influence health of workers, etc.)";

The third and fourth Article 97 to state 13) to part in the following edition:

"The specific sizes of the tariff charges (salaries), price-work quotations, official pay rates to workers, and also allowances, surcharges, awards and remunerations are established by the employer taking into account the requirements provided by part two of this Article.

The employer (the employer - physical person) has no right to unilaterally make the decisions concerning compensation worsening the conditions established by the legislation, agreements, collective agreements";

Part the fifth Article 113 to state 14) in the following edition:

"For development of new production (products) the employer can make to workers surcharge to former average earnings for the term of no more than six months";

Part the second Article 140 to state 15) in the following edition:

"In necessary cases of measure of disciplinary impact are applied to certain unfair workers";

Part the second Article 147-1 to state 16) in the following edition:

"On workers who bear disciplinary responsibility under charters to provisions and other acts of the legislation on discipline, authority punishments can be imposed also by bodies, higher according to the procedure of subordination concerning the bodies specified in part one of this Article";

Article 158 to state 17) in the following edition:

"Article 158. Obligation of the employer concerning simplification and improvement of working conditions of workers

The employer shall take measures for simplification and improvement of working conditions of workers by implementation of modern technologies, achievements of science and technology, means of mechanization and automation of production, requirements of ergonomics, the best experiment on labor protection, decrease and elimination of dust content and gas contamination of air in production rooms, decrease in intensity of noise, vibration, radiations and so forth";

18) the second offer of Article 168 to state in the following edition: "the employer shall equip the room for heating and rest of workers";

Part the second Article 184 to state 19) in the following edition:

"In case of refusal in employment of women of the specified categories the employer shall tell them cause of failure in writing. The refusal in employment can be appealed judicially";

Part third of Article 188 to state 20) in the following edition:

"For training of youth for productive work acceptance for work of job seekers of formation of organizations of general average, professional (professional), professional or higher education who receive in any form primary, basic secondary or profile secondary education for accomplishment of easy work which does not do harm to health and does not break training process, in non-study time on reaching them fourteen-year age with the consent of one of parents or person, it replacing is allowed";

Article 193 to state 21) in the following edition:

"Article 193. Performance standards for young workers

For workers aged up to eighteen years of performance standard are established proceeding from performance standards for adult workers in proportion to the reduced working hours for persons which did not reach eighteen years.

For the young workers arriving on the company in the organization after the termination of organizations of general average or professional (professional) education, rates, and also for those who were trained directly on production the lowered performance standards can affirm as stipulated by the legislation cases and the sizes and for the terms determined by it. These regulations affirm the employer in coordination with trade-union committee";

Part third of Article 194 to state 22) in the following edition:

"Compensation of job seekers of formation of organizations of general average or the professional (professional) education working in non-study time is made in proportion to worked time or depending on development. The companies can establish to job seekers of formation of surcharge to the salary";

The text of Article 196 to state 23) in the following edition:

"For employment of youth which finished or stopped training in organizations of average, professional (professional), professional prehigher or higher education, left from compulsory military service and it is for the first time employed, and also persons dismissed from military service during mobilization for the special period, military service of persons from among reservists during the special period which in voluntary procedure signed the contract on service in war reserve, military service of faces of officers or alternative (not military) service (within six months after the termination or the termination of study or service), the orphan children and children deprived of parent guardianship, persons to whom 15 years were performed and which in the consent of one of parents or person who replaces them can as exception to be employed, and also other categories of persons, having additional guarantees in assistance to employment, the companies, organizations and organizations the quota according to the Law of Ukraine "About employment of the population" is established;

The first and second Article 197 to state 24) to part in the following edition:

"-to citizens of Ukraine aged from 15 up to 28 years after the termination or the termination of training in organizations of average, professional (professional), professional prehigher or higher education, completion of professional training and retraining, and also after dismissal from compulsory military service, military service during mobilization, for the special period, military service of persons from among reservists during the special period, military service of faces of officers or alternative (not military) service the first workplace for the term of at least two years is provided to able-bodied youth.

- to graduates of educational institutions of the state pattern of ownership, requirement for whom was declared earlier by the companies, organizations, the organizations, occupational work for at least three years according to the procedure, determined by the Cabinet of Ministers of Ukraine is provided to young specialists";

Article 202 - 204, 206, 208, 210 - 216 to state 25) in the following edition:

"Article 202. Creation of necessary conditions for combination of work with training

The employer shall create to the workers undergoing inservice training or the students in educational institutions on the job necessary conditions for combination of work with training.

Article 203. Encouragement of the workers combining work with training

In case of increase in qualification categories or in case of promotion on work successful passing by workers of inservice training, general education and professional training and successful passing by workers of training in educational institutions shall be considered.

Article 204. Implementation of inservice training in working hours

Theoretical occupations and inservice training when training new workers directly on production by individual, brigade and course training are held within the working hours established by the legislation on work for workers of the corresponding age, professions and productions";

"Article 206. Provision of work according to the acquired qualification

Qualification according to wage rate book is appropriated to the worker who successfully finished inservice training and employed according to the qualification acquired by it and the appropriated category";

"Article 208. Privileges for the workers studying in organizations of average, professional (professional), professional prehigher education

For the workers studying on the job in organizations of secondary, professional (professional), professional education the reduced business week or the reduced duration of daily work with preserving the salary in accordance with the established procedure is established; it are provided to them as well other privileges";

"Article 210. Release from work non-paid the workers studying in organizations of secondary education

The employer can provide without prejudice to productive activity to the workers studying in organizations of secondary education on internal (evening), correspondence forms of education, at will, during academic year non-paid one - two days, free from work, a week.

Article 211. Additional vacation in connection with training in organizations of secondary education

The workers getting the general secondary education in organizations of secondary education on internal (vespers) or extramural studies are granted additional paid leave for delivery:

1) State Final Examination for completion of receipt of basic general secondary education - lasting 10 calendar days;

2) State Final Examination for completion of receipt of complete general secondary education - lasting 23 calendar days;

3) annual estimation in case of receipt of basic general secondary and complete general secondary education - from 4 to 6 calendar days.

Workers who hand over State Final Examination for completion of receipt of basic general secondary education or complete general secondary education on eksternatny form of education are granted additional paid leave lasting respectively 21 and 28 calendar days.

Article 212. Time of provision of annual leaves to the workers studying in organizations of education

To the workers studying in educational institutions on the job annual leaves at will join by the time of holding adjusting occupations, accomplishment of laboratory works, delivery of certifications, estimates, offsettings and examinations (examinations), time of preparation and protection of the thesis, the degree project or creative work and other works provided by the training program.

It are at will provided to workers who study in organizations of secondary education on internal (vespers) or extramural studies, annual leaves so that they could be used prior to training in these organizations.

To workers who successfully study in educational institutions on the job and persons interested to attach leave by the time of holding adjusting occupations, accomplishment of laboratory works, delivery of certifications, estimates, offsettings and examinations (examinations), time of preparation and protection of the thesis, the degree project or creative work and other works provided by the training program, annual leaves of complete duration for the first year of work are granted before the six-months term of continuous work at this company, in organization, the organization.

Article 213. Additional vacation in connection with training in organizations of professional (professional) education

Workers who successfully study in organizations of professional (professional) education on evening form of education are granted additional paid leave for preparation and delivery of certifications, offsettings, examinations (examinations) lasting 35 calendar days within academic year.

Article 214. Leaves non-paid to the workers allowed to admission examinations in institutions of higher education

The workers allowed to admission examinations in institutions of higher education are granted leave non-paid lasting 15 calendar days without time management necessary for journey to the location of educational institution and back.

One day, free from work, a week non-paid is provided to workers who study on the job on preparatory departments (training courses) of institutions of higher education during academic year, at will. For passing the final exams they are granted additional vacation on the conditions provided by part one of this Article.

Article 215. Privileges to the workers studying in institutions of higher education

The workers studying in institutions of higher education with evening and correspondence forms of education are granted additional vacations in connection with training, and also other privileges, stipulated by the legislation.

Article 216. Additional vacation in connection with training in organizations of professional prehigher, higher education, educational institutions of post-qualifying education and postgraduate study

The workers who are successfully studying on the job in organizations of professional, higher education with evening and correspondence forms of education are granted additional paid leaves:

1) for adjusting occupations, accomplishment of laboratory works, delivery of certifications, estimates, offsettings and examinations (examinations) - for those who study on the first and second rates:

in organizations of professional education with evening form of education - 10 calendar days;

in institutions of higher education with evening form of education - 20 calendar days;

in organizations of professional, higher education with extramural studies - 30 calendar days;

2) for adjusting occupations, accomplishment of laboratory works, delivery of certifications, estimates, offsettings and examinations (examinations) - for those who study on third and the subsequent rates:

in organizations of professional education with evening form of education - 20 calendar days;

in institutions of higher education with evening form of education - 30 calendar days;

in organizations of professional, higher education with extramural studies - 40 calendar days;

3) for passing State Final Examination, the state qualification examination in organizations of professional higher education of-30 calendar days;

4) for preparation and protection of the degree project, degree or creative work to job seekers of organizations of professional education with evening and correspondence forms of education - two months, and institutions of higher education - four months.

Duration of additional paid leaves to the workers getting second (following) higher education in the educational institutions of post-qualifying and higher education, scientific institutions having divisions of post-qualifying education in the subordination is determined by the correspondence (vespers) form of education as for persons studying at third and the subsequent rates in organizations of professional prehigher, higher education.

The additional paid leave at the rate of 10 calendar days on each examination is provided to the workers allowed to delivery of admission examinations in postgraduate study with separation or on the job for preparation and examination once a year.

To workers who study on the job in postgraduate study and successfully implement the individual plan of preparation, the additional paid leave lasting 30 calendar days is granted.

For the workers studying in organizations of professional, higher education with evening and correspondence forms of education where educational process has the features, by the legislation other leave duration in connection with training can be established.

The leaves provided by Items 1 and 2 of part one and part four of this Article are provided within academic year";

The name and part one of Article 218 to state 26) in the following edition:

"Article 218. Provision to the workers studying in institutions of higher education and postgraduate study, free from work of days

Within ten educational months before accomplishment of the degree project (work) or passing state exams it is provided to the workers studying at last years of institutions of higher education weekly in case of six-day business week one day, free from work, for preparation for occupations with its payment in the amount of 50 percent of the received salary, but not below the minimum size of the salary";

Part one of Article 219 to state 27) in the following edition:

"The employer pays to the workers studying in institutions of higher education with evening and correspondence forms of education, journey to the location of educational institution and back once a year for adjusting occupations for accomplishment of laboratory works and tests and examinations - in the amount of 50 percent of fare";

Article 220 to state 28) in the following edition:

"Article 220. Restriction of overtime works for workers who study

The workers studying on the job in organizations of secondary, professional (professional) education are forbidden to be involved in days of occupations in overtime works";

Part the second Article 227 to state 29) in the following edition:

"In the decision are specified: full name of the company, organization, organization, surname, name and middle name of the worker who addressed to the commission, or his representative, date of the appeal to the commission and date of consideration of dispute, essence of dispute, surname of members of the commission, the employer or his representatives, results of vote and the motivated decision of the commission";

Item 2 parts two of Article 232 to state 30) in the following edition:

"2) the young specialists who ended institution of professional, higher education and in accordance with the established procedure directed to work on this company, in organization, the organization";

Part the fourth Article 233 to state 31) in the following edition:

"The term established by part three of this Article is applied also in case of appeal to the court of the highest body according to the procedure of subordination";

Article 237 to state 32) in the following edition:

"Article 237. Assignment of financial responsibility on the official guilty of wrongful dismissal or the translation of the worker

The court assigns to the official guilty of wrongful dismissal or transfer of the worker to other work, obligation to cover the harm done to the company, organization, the organization in connection with payment to the worker of time of induced truancy or time of accomplishment of below-paid work. Such obligation is assigned if dismissal or transfer are performed with violation of the law or if the employer detained execution of the judgment about recovery at work";

Paragraph one of part one of Article 248 to state 33) in the following edition:

"For realization of powers of the labor unions provided by the Law of Ukraine "About labor unions, their rights and guarantees of activities", members of elected bodies of the trade-union organizations of the companies, organizations and organizations highest according to the status of trade-union bodies, and also plenipotentiaries of these bodies have the right";

The text of Article 252-8 to state 34) in the following edition:

"The employer bears responsibility to crew for creation of normal conditions for high-productive work (work provision, providing serviceable condition of mechanisms and the equipment, technical documentation, materials and tools, energy, creation of safe and healthy working conditions). In case of failure to carry out by crew of production indicators because of the employer behind crew the salary fund calculated at the tariff charges remains. The officials guilty of violation of obligations of the employer before crew, are brought to disciplinary responsibility, and for excessive money payments to crew - also to financial responsibility before the company according to the procedure and the sizes established by the legislation.

The crew bears responsibility to the employer for failure to carry out on her fault of production indicators. In these cases payment is made for the performed work, awards and other incentive payments are not charged. The damage caused to the company by release of low-quality products because of crew is compensated from its collective earnings within average monthly earnings of crew. In case of distribution of collective earnings between members of crew the fault of specific workers in release of low-quality products is considered";

Article 254 to state 35) in the following edition:

"Article 254. Means of obligatory national social insurance

The main sources of means of obligatory national social insurance are fees of employers (employers - physical persons), workers. The budget and other sources of means necessary for implementation of obligatory national social insurance are provided by the relevant laws by separate types of obligatory national social insurance";

36) in the text of the Code:

to replace the words "the owner or the body authorized by him", "owner or the body (person) authorized by him", "owner of the company, organization, organization or the body authorized by it", "owner of the company", "owner" in all cases and numbers with the word "employer" in the corresponding case and number;

shall be replaced with words the words "the owner-physical person" in all cases "the employer - physical person" in the corresponding case;

to replace the word of "workers" with the word of "workers";

words of "national economy" shall be replaced with words "economies of Ukraine";

the words "district, district in the city, city or gorrayonny court" in all cases and numbers shall be replaced with words "local general court" in the corresponding case and number;

words "educational institutions" in all cases and numbers shall be replaced with words "educational institutions" in the corresponding case and number.

2. In the Housing code of the Ukrainian SSR (The sheet of the Supreme Council of RSFSR, 1983, appendix to No. 28, the Art. 573):

The name to state 1) in the following edition:

"The housing code of Ukraine";

Preamble to exclude 2);

Articles 1, 2 and 3 to state 3) in the following edition:

"Article 1. Right of citizens of Ukraine to housing

According to the Constitution of Ukraine citizens have the right to housing. This right is provided with development and protection of housing stock, assistance cooperative and to individual housing construction, equitable distribution under public control of the living space provided in process of implementation of the program of construction of well-planned dwellings, provision to citizens at will of monetary compensation for the premises ought to them for obtaining for categories of the citizens determined by the law, and also low rent and utilities.

Article 2. Tasks of the housing legislation of Ukraine

Tasks of the housing legislation of Ukraine are regulation of the housing relations with the purpose of providing the right of citizens to the dwelling guaranteed by the Constitution of Ukraine, proper use and safety of housing stock, and also strengthening of legality in the field of the housing relations.

Article 3. Housing legislation of Ukraine

The housing relations in Ukraine are governed by the Constitution of Ukraine, this Code and other acts of the legislation of Ukraine.

The relations connected with housing construction are regulated by the relevant legislation of Ukraine";

Article 11 to exclude 4);

Articles 12 and 13 to state 5) in the following edition:

"Article 12. State regulation in the sphere of the housing relations

The state in the sphere of the housing relations provides:

1) unity of legislative regulation of the housing relations;

2) establishment of general bases of the organization and activities of state bodies housing;

3) establishment of single procedure for the state accounting of housing stock;

4) establishment of standard rates of expenditure of financial and material resources on operation and repair of the state housing stock;

5) establishment of accounting treatment for the citizens needing improvement of housing conditions, provisions of premises and use of them;

6) establishment of procedure and terms of introduction of rent and payment for utilities;

7) establishment of the size of privileges on payment of premises and utilities;

8) establishment of procedure for the organization and activities of housing cooperatives, rights and obligations of their members;

9) establishment of rules and regulations of technical operation of apartment houses and instructions for use house adjoining territories;

10) implementation of the state control of use and safety of housing stock;

11) the solution of other questions of nation-wide value in the field of use and ensuring safety of housing stock according to the legislation of Ukraine.

Article 13. Public administration in the field of use and ensuring safety of housing stock

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