Important Draft Laws. Issue 38: Ban on Energy Drink Sales to Minors, Benefits for Service Members, and Centralized Management of Defense Enterprises

During this period, 41 draft laws were registered in Parliament: two from the President, three from the government, and 36 from MPs. These include measures to protect the Earth’s ozone layer, accession to the Convention on International Access to Justice, restrictions on the sale of energy drinks, and the temporary suspension of supervisory boards of defense enterprises, transferring their functions to the government. Additionally, several bills propose benefits for veterans and military personnel, such as protection from debt collectors and legal privileges for military lawyers or those seeking to become one. Read more about this and other topics below. 

A step towards protecting the Earth’s ozone layer

Bill 0303 concerns ratifying the Kigali Amendment to the Montreal Protocol on Substances that Deplete the Ozone Layer. This amendment establishes rules for gradually reducing hydrofluorocarbon (HFC) use—a group of gases commonly found in refrigerators, air conditioners, and industrial equipment.

The Kigali Amendment proposes that all participating countries gradually reduce their use of these gases: by 10% by 2023, by 40% by 2028, by 70% by 2033, by 80% by 2035, and by 85% after 2036, compared to the 2011–2013 levels.

The amendment prohibits trade in these gases starting in 2033 with countries that have not joined the Montreal Protocol or do not comply with its requirements. The European Union plans to introduce this ban as early as 2028.

Ukraine is already a party to the Montreal Protocol and has fulfilled its previous international obligations in this area. However, to trade with the EU in the future, Ukraine must ratify the Kigali Amendment and implement its requirements. This includes annual reporting to international organizations on the volume of these gases used and gradually reducing their consumption.

Ukraine does not produce these substances and is therefore entirely dependent on their import. Consequently, if the amendment is not ratified in time, the supply of such substances could be blocked as early as 2028, creating serious problems for multiple sectors—from instrument manufacturing to healthcare. 

Ukraine joins the Convention on International Access to Justice

Bill 0304 concerns Ukraine’s accession to the International Convention on Access to Justice, signed in The Hague in 1980. This Convention establishes general rules allowing citizens of one country to receive free legal assistance in civil and commercial courts of another country that is also a party to the Convention.

The Convention stipulates that documents in such cases will be processed without delay, without requiring additional legalization or fees for their review. It also grants citizens of member states the right to obtain copies and extracts of court decisions or records from state registries in civil and commercial matters. These documents may be legalized if necessary for use abroad.

Ukraine is joining the Convention with several reservations. In particular, documents will only be accepted in Ukrainian or with a Ukrainian translation. Additionally, Ukraine reserves the right not to apply certain provisions of the Convention to citizens of specific countries if there is no principle of reciprocity in relations with them.

Ban on the sale of energy drinks to minors

Five bills related to the circulation of energy drinks were submitted to the Verkhovna Rada in the second half of February. 

Bill 13024 and its alternative 13024-1 propose new regulations for producing, selling, and consuming energy drinks in Ukraine. They also introduce mandatory labeling to warn that these beverages are not recommended for children, pregnant women, and breastfeeding mothers. 

An energy drink would be defined as any non-alcoholic beverage containing caffeine or other substances that stimulate the nervous system. However, tea, coffee, and beverages based on them would not be considered energy drinks if their name includes the words “tea” or “coffee.”

A high-caffeine energy drink would be classified as one containing more than 150 milligrams of caffeine or another stimulant per liter. The Ministry of Health would determine the list of such substances and the permissible concentration limits. 

Bill 13024 proposes banning the sale of high-caffeine energy drinks to minors under 18 in schools, hospitals, children’s and sports stores, and vending machines. Online sales would be allowed only with age verification, for example, using documents via the Diia app. If a courier delivers the drink, they must check the buyer’s age upon delivery. 

The alternative bill, 13024-1, proposes defining an energy drink as any beverage containing more than 100 milligrams of caffeine per liter. In addition to restricting the sale of all energy drinks (not just high-caffeine ones) in specified locations—similar to the main bill—13024-1 also proposes a complete ban on energy drink consumption for minors. 

Bill 13025 proposes introducing fines ranging from UAH 6,800 to UAH 17,000 for selling energy drinks in prohibited locations, through vending machines, or to minors. Additionally, manufacturers and sellers would be fined for producing and distributing energy drinks that do not comply with composition and ingredient quantity regulations. The fines would amount to 17 minimum wages for sole proprietors (UAH 136,000) and 25 minimum wages for legal entities (UAH 200,000 at current rates). 

These cases would be reviewed by administrative commissions under city, township, and village councils, as well as by the State Service of Ukraine on Food Safety and Consumer Protection (SSUFSCP).

The alternative bill, 13025-1, introduces specific fines for selling energy drinks from self-service shelves, vending machines, or online, as well as from hand or market stalls and to minors. The fines would range from UAH 680 to UAH 2,550, with the product confiscated. A repeated violation within a year would result in a fine of up to UAH 4,250. 

This bill also proposes fining minors for consuming energy drinks, with penalties ranging from UAH 340 to UAH 510. An adult who encourages a minor to consume such beverages would also be fined. If the violation is committed by children aged 14 to 16, fines (UAH 255 to UAH 425) or community service (20 to 40 hours) would be imposed on their parents or guardians.

Bill 13025-1 also includes fines for manufacturers and sellers who violate the composition requirements of energy drinks. The penalties would be the same as in the main bill: UAH 200,000 for legal entities and UAH 136,000 for sole proprietors.

Resumption of unscheduled inspections of internet and mobile service providers during wartime

Bill 13046 proposes reinstating inspections and fines for all companies that provide internet or mobile communication services and maintain telecommunications networks. These inspections were previously restricted due to martial law. 

If the bill is passed, the regulatory authority—the National Commission for the State Regulation of Electronic Communications, Radio Frequency Spectrum, and Postal Services (NCEC)—could conduct unscheduled inspections of such companies during a state of emergency or martial law. An inspection may be initiated if the relevant ministry (Ministry of Digital Transformation) submits a request citing violations and providing supporting evidence. 

Additionally, inspections could be conducted to determine whether providers comply with orders or directives—such as restrictions on access to specific online resources—issued by the National Center for Operational and Technical Management of Telecommunications Networks (this body is responsible for ensuring stable communication during wartime or a state of emergency). 

If a company fails to comply with a regulator’s order to correct violations, it could be fined. Fines are also proposed for non-compliance with directives from the National Center for Operational and Technical Management of Telecommunications Networks. The penalties would vary based on company size: UAH 17,000 for small businesses, UAH 34,000 UAH for medium-sized businesses, and UAH 85,000 UAH for large companies. 

The bill also proposes reinstating the requirement that internet and telecom providers submit regular reports on their economic and financial status, which was previously suspended during martial law. 

Separate fines proposed for construction violations that restrict the rights of people with disabilities

Currently, Ukrainian law imposes liability for violations in urban planning and construction. For example, suppose architects or engineers submit project documentation that does not comply with legislation, building codes, or accessibility requirements for people with disabilities and limited mobility. In that case, they may face fines ranging from UAH 34,000 to UAH 51,000 UAH. Additionally, officials who delay issuing urban planning conditions and construction permits or demand unnecessary documents from developers may also be subject to fines. 

Bill 13021 proposes introducing separate penalties for violations that directly restrict the rights of people with disabilities and limited mobility. Responsible parties who violate accessibility standards during construction projects’ development, approval, expert review, or commissioning would face fines ranging from UAH 28,900 to UAH 34,000. However, it remains unclear whether this fine would be an additional penalty on top of existing ones or if it would replace current sanctions. 

Temporary suspension of supervisory boards at defense enterprises

Bill 13032 proposes temporarily suspending supervisory boards at state-owned defense industry enterprises that manufacture products or provide services for the Armed Forces. 

The powers of supervisory boards would be suspended until the end of martial law and an additional three months after its termination. During this period, their functions would be transferred to the Cabinet of Ministers or the respective ministries overseeing these enterprises. The government and ministries would be responsible for making key decisions, monitoring the fulfillment of defense contracts, appointing and dismissing executives, and conducting inspections and audits. 

The Cabinet of Ministers would publish its key decisions on the official website and report to Parliament on its management of defense enterprises. The Accounting Chamber would have the authority to audit these decisions. Additionally, the government would be required to compile and publish a list of enterprises covered by this law and designate the authorities responsible for inspecting their operations.

Changes in insurance rules for veterans and people with disabilities

Bill 12295-d, which has passed its first reading, proposes new mandatory auto insurance rules for combat veterans and individuals with disabilities resulting from war. This revised bill incorporates provisions from previous drafts 12295 and 12295-1, which were discussed previously. 

Starting January 1, 2025, while martial law remains in effect,, the state would cover insurance costs for these groups from the national budget for one year after its conclusion. Additionally, individuals with disabilities resulting from war would receive a permanent 50% discount on auto insurance for vehicles with an engine capacity of up to 2,500 cc or an electric motor power of up to 100 kW. However, these vehicles must be used exclusively for personal needs, and they can only be driven by either the owner or another person who is also eligible for the benefit. 

From January 1 to June 30, 2025, veterans and individuals with disabilities resulting from war would not be required to have an auto insurance policy. If any of them were to cause an accident during this period, compensation for the victims would be paid from a special reserve fund managed by the Motor (Transport) Insurance Bureau of Ukraine (MTSBU)—the organization responsible for handling such insurance cases. 

Additionally, the bill would grant the government the authority to determine the procedure and amount of compensation for other privileged categories, such as pensioners, participants of the Revolution of Dignity, or individuals affected by the Chornobyl disaster.

The bill also proposes fines for drivers who provide false information when applying for an insurance policy to obtain a discount. If such a violation is detected, the individual must pay a fine equal to five times the insurance premium under the given contract but not exceeding 50% of the insurance payout. 

If the bill is passed, the Cabinet of Ministers would be required to establish a mechanism for transferring data from official registries to the Motor (Transport) Insurance Bureau of Ukraine (MTSBU) to verify individuals’ eligibility for benefits. 

New benefits for veterans

Bill 13028 proposes benefits for veterans who wish to work as lawyers, arbitration managers, notaries, private enforcement officers, or property valuation specialists. The proposal would grant veterans a minimum 50% discount on mandatory fees for internship admission and qualification exams required to enter these professions. Additionally, veterans could receive free professional development training if they are already working in these fields. 

The bill also ensures that veterans cannot be denied the right to work in these professions solely because they did not participate in professional development courses. The only exception would be if a veteran formally declines the free writing training. 

The bill aims to ease veterans’ access to new professions and help them maintain long-term employment in these fields.

Protection of service members from debt collectors

Bill 13033 proposes defining a list of “protected” categories of individuals whom debt collectors would be prohibited from contacting with calls or payment demands during martial law and for three months after its conclusion. This protection would apply to military personnel, police officers, emergency responders, veterans, prisoners of war and their families, and families of missing persons. 

To claim this “protection,” the individual or their relatives must provide the creditor with a certificate or official document confirming their status. For example, military personnel could submit a certificate from their military unit, veterans can use a combatant’s certificate, and families of missing persons could provide an extract from the relevant registry. Creditors would have the right to verify a person’s protected status by requesting confirmation from the Ministry of Veterans Affairs.

Amendments to the Family Code: New rules on child expenses, residency, guardianship for military personnel, and stepparents’ responsibilities

Bill 13051 proposes clarifying the procedure for determining the amount a parent would need to pay for a child’s additional expenses. Courts would consider the financial situation of both parents and other factors, such as medical or educational costs for the child. Parents must provide documents such as receipts, contracts, or medical certificates to prove such expenses. 

Bill 13052 proposes introducing a new approach to resolving disputes over the residency of siblings. Courts must consider whether separating siblings could cause emotional harm, whether an older sibling has cared for a younger one, how long the children have lived with each parent, and how geographically close or distant they would be from each other. 

Bill 13054 clarifies that members of the military could be guardians or caregivers. While current legislation does not prohibit military personnel from being guardians, according to the explanatory note, courts have sometimes denied them this right. 

Bill 13057 proposes obligating stepmothers or stepfathers, if they are married to the child’s father or mother, to support the child until they reach adulthood (currently, there is no such obligation). However, in the case of a divorce, stepmothers or stepfathers would not be required to pay alimony. At the same time, biological parents would maintain their obligation to support the child, even if they are no longer living together.