Ukraine – why are you here?

1) The Tourist

Ukraine is not currently known as a tourist destination. Many people return to check out their roots or are intrigued by its history but generally the country is not tourist-friendly. There is no tourism culture (except encouraging outward-bound flights to Turkey, etc.) and the Government has done little to promote any of Ukraine’s heritage which is a shame as Ukraine has a great deal to offer, if only it were packaged correctly.

For holidays, Ukrainians themselves flee abroad to Countries that do not require a visa rather than spend too much time here and those that do tolerate poor infrastructure and service along the Black Sea coast during the summer or head for the Carpathian mountains in the winter to dodge drunk skiers.

A few years back the Government minister responsible for the website promoting the country decided to use the budget for his own means. He – like the money – has now gone and nobody is in a real hurry nowadays to make any positive changes unless they are linked to Euro 2012.

So, if you are a brave soul who is here on holiday, welcome to Ukraine – and we hope you come back.

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Visa Madness

In a retaliation for increasing costs for visas for migrant workers from Ukraine to the UK… Ukraine has levied a massive increase in Visa costs just for UK passport holders.

As they have also said that visas cannot be guaranteed to be issued within a wek or so you have to realistically go for the express service and pay…. wait for it…. 1756 GBP.

Don’t believe me… see the photo.

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Happy Birthday Ukraine!!!

Congratulations Ukraine. 20 years of independence and it’s now 1972. Another 20 years and we can see the release of Dark Side of the Moon. Keep moving forward in a glacial fashion – we love you. Coming soon – drop kerbs and smiling. Two decades of being robbed have not done you any favours – I hope it changes for you soon. Only you can do that though. Good luck and don’t watch the waving flags on X factor. That is not a revolution. That is torpor.

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Spring has sprung

As quite a few people have bemoaned the fact that I have been very tardy with my posts I am going to try and do more… well, to be honest – actually make an effort and make more than one post every 6 months.

I have now been here in Kiev for 4 years and am still enjoying it. Life is good…. our new baby – Kira- is now- 8 weeks old and has started swimming lessons already. She goes to a local hospital where they have a swimming pool / jacuzzi for babies and a nurse teaches her how to be splashed and enjoy it. Last week she actually “dived” under water  – apparently up to 3 months old, children close their eyes and hold their breathe by reflex.

For all of the complaints about Ukraine and its infrastructure the medical side of things keeps pushing on regardless – largely due to the abilities and professionalism of medical staff who triumph despite the Government. On that front I am now over 18 months on from having a 2 stents fitted to my heart here in Ukraine – a belated thanks to the staff at the Heart wing on Lesyi Ukrainki!!

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YANUKOVYCH SUGGESTS ENVISAGING FIRE-PREVENTION MEASURES FOR 2011


Ukraine’s President Viktor Yanukovych believes that Ukraine needs to draw a lesson from this summer’s abnormal heat and take measures to prevent possible natural disasters in the future.  “This year we should foresee everything, and buy the necessary equipment to overcome the effects of natural disasters, including fires, in 2011 and 2012,” he said during a conference call with heads of regional state administrations in Kyiv on Monday.

At the same time, Yanukovych said that Ukraine should learn not only from its own experience, but also from that of its neighbors. He noted the need for preventive measures. Commenting on the situation in the country, the president said: “We were sitting on a powder keg.”


Yanukovych instructed Vice Premier Andri y Kliuyev, who heads the operational headquarters for fire fighting in Ukraine, to prepare relevant proposals and discuss them at a government meeting.  The president also said he was willing to help prepare and implement such proposals.

Fantastic news!!!  So what happened to emergency planning this year? Where did the money go?Developers are always being forced to make payments for “fire fighting equipment” every time they want to build something that does not comply with the Ukrainian norms (yet would exceed regulations elsewhere). Where are all these shiny fire engines? A new black Mercedes for the CFO does not count by the way.

And whilst we are talking about forward planning… is the Mayor of Kiev going to be forced to replace the snow clearing machines he sold prior to last years Winter before the snow starts this year?

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Casinos come back….?

Although most of us know that many of the casinos never actually closed (particularly in the regions distant from Kiev) the current legislation means that at the moment all gambling is banned.

This may change soon however, with a draft bill under consideration that would allow casinos in 5 star hotels (of 60+ rooms) and in specially designated zones. These are the same zones that were promised over a year ago – remember?

The license fee per casino will be a $5 million payable per quarter over 7 years so around $60,000 per month. No other fees or taxes will be paid (officially anyway – lol)

Quite whether anyone will decide to open new casinos on the back of this is anyone’s guess but the existing closed casinos that fit the criteria will certainly stand to make a bucket load of cash.

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Premier Palace casino re-opens in Kiev

The “word on the street” – currently unsubstantiated – is that the Premier Palace casino in Kiev has won a case in the European Court against the Ukraine-wide casino ban. As yet no official statement has been made and no details can be found anywhere of whether this rumour is true.

Actually some of us are wondering why this has happened – the casino remained open throughout the banned period anyway!

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Burning down the house…

KIEV (AP) 15:15 07 May 2009 – A Ukrainian emergency official said nine people have been

killed in an explosion at a gambling hall in eastern Ukraine. Emergency Situations Ministry spokesman Ihor Krol said 11 were wounded in the blast in Dnipropetrovsk early Thursday. Krol says investigators are trying to establish what caused the explosion. He says no cause has yet been ruled out, leaving the possibility it was a bomb. Krol said dozens of firefighters had extinguished an ensuing fire.

 And this is how it all started. A fire in a small slot hall unfortunately in the Prime Ministers home town was wholly regrettable; but the consequences that unfolded over barely a few days stunned the local and international casino businesses. At first an announcement was made by Prime Minister Tymoshenko that all casinos and slot halls would be shut just in the city of Dnipropetrovsk to enable checks to be carried out for safety. Strange that, as her government was already responsible for safety in

all casinos and periodic safety checks should have already have been routine. But, this is Ukraine, where an average police officer earns 3,000 UAH or 500 US dollars per month. Corruption is rife and even if checks had been carried out all it would take is a few dollars and anything wrong would be overlooked – locked fire doors, illegal machines, whatever.

 

KIEV (AP) 12 May 2009 – 18:12 10,300 gambling centres shut down in Ukraine

As many as 200 of them were operating without any licenses and permits, First Vice Premier Oleksandr Turchynov said at a meeting of the parliament’s conciliatory council of the leaders of parliamentary factions and committees today.

Mr Turchynov noted that according to Government members, the parliament should not delay the adoption of a law on the gambling business, despite the fact that now the owners of gambling centres are picketing the Cabinet of Ministers. He also added that the Government supported the Bloc of Yuliya Tymoshenko’s proposal to consider the question of banning the gambling business in Ukraine until the adoption of a law regulating the gambling business in the country. The Verkhovna Rada, showing unusual unity and determination, voted on June 11 to uphold a law temporarily banning all gambling establishments – some 11,000 in the nation. With 390 votes out of 429,

the parliament overrode a veto by President Victor Yushchenko, who called the far-reaching law poorly House conceived and populist. The disputed law, viewed as draconian by its many critics, takes effect at the end of June. So, the casinos gradually reopened albeit with a gun at their head.

 “Let’s do it step by step,” said Anatoliy Nesterenko, the head of the Ukrainian Casino Association, at a news conference, “let’s not throw people out onto the street.” His voice, along with the thousands of casino workers who organised protests outside parliament, fell on deaf ears.

 The gambling industry is still in a state of shock by the swiftness of it all. Many others, noting Ukraine’s chronic inability to enforce existing laws, remain sceptical that the gambling dens will really be shut down. Some see the three-month shutdown period, ostensibly until the Verkhovna Rada comes up with new gambling regulations, as an ideal time for under-the-table deals and secret negotiations to take place.

This is a country where you say one thing but do another as long as there is money to be made and that in itself throws up a number of “conspiracy theories” that are hard not to ignore:

1) That the fire was started deliberately to ensure a sympathetic backing to casinos being closed down. Hard, cynical but compared to the money that is at stake, life is cheap.

2) That the closures are being made to ensure that those who own land in the future “gaming zones” stand to profit – many of them politicians themselves – or their oligarch backers.

3) That the move is just echoing Russia’s casino closures and that Putin did a deal to make sure little brother Ukrainedid not become the gaming capital of eastern Europe.

 In the end – we won’t know and even these conjectures could be just ignoring the fact that with an election looming nobody can be bothered to risk opposing something badged as having majority support from the people. Parliamentarians however, do say they don’t want Ukraine to remain bereft of legal gambling forever (there is too much money swishing about for them to completely get rid of the trough). Hence the temporary ban while parliament works out tougher restrictions that may relegate gambling to certain geographic areas, such as the Crimean peninsula.

 The president, in vetoing parliament’s law on June 4, was having no part of this moral crusade. Yushchenko noted that 200,000 people could be thrown out of work by the immediate shutdown and the state would lose up to 1.5 billion UAH in much-needed tax revenue. He also cited the possibility of lawsuits against the nation because of the cancelled gambling licenses. While each license costs more than $200,000, it can be used to open multiple gambling halls. Valery Pysarenko, a lawmaker from Prime

Minister Yulia Tymoshenko’s faction, who authored the gambling ban said that “only 2 percent of the turnover in this industry is being taxed and we want the other $5 billion to come out of the shadows and be used to solve social problems.” So, why did they not introduce a better system of taxation? Why did they not rigorously enforce the existing laws? Answer: all the corruption money never filtered its way up high enough for them to lose out if it stopped. And on the other hand, corruption at the lower levels can never be stopped.

 Meanwhile the PM has taken the moral high ground: “Gambling will not exist in Ukraine. Ukraine will live patiently, spiritually, morally. And I am convinced it will be good for the Ukrainian people,” Tymoshenko said. She also condemned gambling as “dangerous and addictive.”

 Once the new law takes effect – from July 1st – the Verkhovna Rada has three months to draft new regulations for the industry. The new regulations are expected to feature tighter financial control and special designated zones. In just a month, the gambling industry’s perfectly legal operations were outlawed. Those who have invested in the business are at a loss about what to do. “I’m confused. I’m in a hurry to collect my stuff so I don’t need to pay another month’s rent. My equipment is impossible to sell. I might as well dump it to the metal scrap,” Ihor Kulyk, president of Extrema-Ukraine gambling chain, said. Pysarenko, however, offered reassurance. He said the casinos will be moved to economically deprived regions of Ukraine such as the steppe part of Crimea, the Donbas or along the western Ukrainian border. Chornobyl region is also a possibility. Gambling will still flourish, he said. “If you find a business more attractive than gambling in Ukraine I will uncork the most expensive bottle of Champagne,” Pysarenko said.

 Some speculate that lobbyists in the Rada will vote to set at least some of the gambling zones closer to Kyiv, such as on Trukhanov Island, or the prestigious suburbs along the Obukhiv Road south of Kyiv. Some of the deputies are believed to own land along that route and would benefit from such regulation. Myself, I would favour the Odessa highway – good roads and on a main transport link between two major cities but if an exclusion zone comes into force – any of the sites on main roads 30Km from any of the main cities will become very valuable indeed. Back in the real world though, gambling business owners say they are pessimistic about zoning restrictions, noting neighboring Russia’s difficulty in moving such businesses outside of Moscow to more remote regions of the nation. “We can’t operate in a bare field. Entire cities need to be built. But during the economic downturn, who is going to invest?” Kulyk said. “Look at Russia! They had two-and-a-half years but none of the entertainment zones is ready to function and none will work in Ukraine either.”

 “Gambling business needs new regulations, there is no doubt about that,” said Hrygoriy Trypulskiy, vice president of the gambling business association. His association had drafted a law in conjunction with the Finance Ministry, tightening regulation on location, safety rules and taxes. It banished advertisement of gambling halls as well. Many experts predict that Pysarenko’s law will push the gambling industry into the shadows, much like the Prohibition era in America, when the nation made an ill-fated attempt at banning alcohol from 1919-1933.

 Meanwhile, from a personal standpoint I have been unimpressed with how the industry has failed to unite and put forward their case. The main problem has been that until the recent legislation all the operators were competitors and had no common goal. The ban came out of the blue, did not allow time to organise but even then, any solidarity movement” would have had to mean key operators ceding powerfor the good of the cause. Perhaps they knew this and so a movement was not formed but I expected more… just think if the casinos had devoted their regular billboard advertising (now useless) to a single message to the government… A “group” of sorts was formed but all it did was meet and issue a press release that stated the obvious, was badly translated into English and was ignored by everyone.

 As in Russia, poker tournaments may now increase in popularity in the Ukraine, because poker tournaments in both countries are classified as an official sports competition instead of gambling, so are exempt from general gambling laws. This creates opportunity but again, i cannot see any form of transformation of casinos to poker venues yet.. but watch this space.

 The death knell was finally sounded on June 23rd, when the President finally succumbed and signed the act.

 No more bets please.

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New Rules on Foreigners staying in Ukraine

On 6 May 2009, the Cabinet of Ministers of Ukraine amended the “Rules for Entry of Foreigners and Apatrides into Ukraine, Their Transit Through and Exit From Ukraine”, which were approved by Resolution of the Cabinet of Ministers No. 1074, dated 29 December 1995 (the “Rules”).  Those amendments (the “Amendments”) became effective as of 15 May 2009.   

1.                 Not More than 90 Days Stay within 180 DaysAccording to the new wording of Article 19 of the Rules, except for holders of certain limited types of visas (e.g., student visas, work visas), foreigners may stay in Ukraine only as follows: (1) a foreigner from a country, the citizens of which need a visa, may stay for the term of the validity of his/her visa, but for not more than for 90 days within 180 days counting from the date of the first entry; and (2) a foreigner from a country, the citizens of which do not need a visa, may stay for up to 90 days within 180 days counting from the date of his/her first entry, unless otherwise stipulated by a bilateral agreement to which Ukraine is a party.  This limitation applies even if the visa (i.e., a business visa, a private visa, etc.), which has been issued to the foreigner, is valid for 6-months, 1-year, or longer. This limit also applies to citizens, i.e., both tourists, private and business visitors, etc., of the EU, Japan, the USA, and all other countries, for which the requirement for a visa has been waived (since 2005)  for visits  of less than 90 days.  Therefore, it will not be possible any longer to enter Ukraine for 89 days, to exit for a brief period, and, in a couple of days, to re-enter for the next 89 days. If a foreigner needs to spend more than 90 days within the above-mentioned 180 days period, then an application for an extension must be filed within the appropriate division of the Ukrainian Ministry of Interior at least 3 business days before the expiration of the 90 days.  If such extension is granted, it will be valid only for a continuous stay in the country (i.e., until the expiration of the term of the individual’s visa or of another allowed period, as the case may be), but not for re-entry into Ukraine.  If the extension is not granted, then the foreigner must leave the country before the 90-days period comes to an end. 

2.                 Alert to Citizens of WTO Member CountriesThe Amendments have abolished the third item in Article 19 of the Rules, which previously allowed citizens of WTO member countries to spend up to 180 days within a year in Ukraine.  According to oral information from a responsible officer of the State Borderguards Service, those foreigners from WTO member countries, who have already spent more than 90 days in Ukraine starting from 1 January 2009 (in reliance on the now-abolished third item of Article 19 of the Rules), will not be exempted from the abovementioned limitations, and the records indicating the duration of their stays in Ukraine will not be reset.

3.                 Alert to Foreign Employees of Representative OfficesForeigners, who are employees of Ukrainian legal entities, are eligible to obtain Ukrainian work permits, work visas, and temporary residence permits.  The combination of these three documents will allow them to enter/exit Ukraine as many times and at such times as may be necessary within the term of validity of their work permits.  In contrast, foreigners, who are employed by Ukrainian representative offices of foreign companies, are not eligible for a Ukrainian work permit, in the oral opinion expressed by a responsible officer of the Kyiv City Employment Center (which opinion is not necessarily grounded on any specific Ukrainian legislation and, as such, is subject to challenge before the Ukrainian courts). As a result, a foreigner employed by a representative office will not be able to obtain a work visa and a temporary residency permit, for which a work permit is a prerequisite, at least not unless and until a Ukrainian court will rule that such foreigner  is eligible for a Ukrainian work permit.  As a result, such foreign employees of representative offices will not be exempted from the abovementioned restriction on the number of days that they can spend in Ukraine, but rather will be allowed only to stay 90 days within 180 days. 

4.                 Consequences of Spending More Than 90 Days in UkraineAs we have noted in our earlier Legal Alerts, the State Borderguard Service has launched a computerized system for recording each foreigner’s entries into and exits from Ukraine.  This system automatically marks the commencement of the 180 day period upon a foreigner’s entry into Ukraine and calculates the number of days spent by the foreigner in Ukraine.  Both the date of entry and the date of exit count towards the number of days spent in Ukraine.  If a foreigner  spends more than 90 days  within 180 days (without obtaining an extension of stay mentioned above), then such foreigner may  be subject to a fine of between UAH340 and UAH680 and, in addition, may be banned from entering Ukraine for a period of between 6 months and 5 years.   If a foreigner exhausts the 90 days within a 180 day limit of stay, such foreigner will not be permitted to re-enter the country until the 180 day limit expires. Thus, all foreigners, who do not have temporary residence permits (or permanent residence permits), should very carefully calculate the number of days which they spend in Ukraine and plan their visit(s) and the duration of their stay(s) in the country accordingly.

Many thanks to http://odessablog.wordpress.com/ from whence I lifted the above :-)

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Ukraine casinos – shut down may not last

protests.jpg 

Although the government rushed through a bill to close all gambling last week – and effectively all casinos were shut down overnight …. the act still requires the President of Ukraine to sign the act to bring it into force.

On Sunday most radio stations here had a minutes silence for the death of the Entertainment Industry in Kiev… but there may still be some life.

Yesterday over 30,000 demonstrators – casino workers – were on the streets to try and make the President see sense and the latest news is… he may have done.

He has already voiced concern over the fact that the act was voted through too quickly  and “on emotions” – within the next few days it is understood that he may refuse to sign and suggest that more work is done on the bill to make it effective – together with suggestions.

This would lift the ban and hopefully allow the industry to get together and propose a package of self-regulatory measures.

This is an ideal situation – in the interim Tymoshenko has issued a statement that the act is necessary to prevent the little money left in peoples purses post-crisis, being sucked up by the casinos. No emotion there then.

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