LICENSING
Regarding registration actions
During martial law, considering the need to ensure the reliability of information contained in the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Associations, the Ministry of Justice has implemented the possibility of carrying out the most urgent registration actions, including state registration of the following actions:
– establishment of limited liability companies, establishment of a farm;
– changes of the head of a legal entity and other persons (if applicable) who may act on behalf of a legal entity, except for public associations;
– changes to information on the head of a legal entity and other persons (if applicable) who may act on behalf of a legal entity, except for public associations;
– changes in the location of a legal entity, except for public associations;
– changes to the founding documents of a legal entity (except for public associations), except changes of the size of the authorized capital, changes of the founders (participants) and/or the size of their shares;
– changes in the types of economic activity of a legal entity, except for public associations;
– changes in information for communication with a legal entity, except for public associations;
– decision on liquidation of a legal entity etc.
More detailed information can be found on the website of the Ministry of Justice of Ukraine following the link: https://minjust.gov.ua/news/ministry/onovleno-perelik-subektiv-yakim-v-umovah-voennogo-stanu-provoditsya-derjavna-reestratsiya-yuridichnih-osib-ta-fop-30363
Regarding business activities
According to the Resolution of the Cabinet of Ministers of Ukraine “Some issues of ensuring economic activity while martial law is in effect” as of 18 March, 2022 No. 314 (with amendments), to acquire the right to conduct business activities while martial law is in effect, legal entities shall submit a declaration of economic activity to the licensing authorities, permitting authorities and public service entities without necessity to obtain required permits, licenses. This does not apply to such activities as, in particular, activities in the field of nuclear energy, hazardous waste management, works with radioactive substances etc (as defined by the List).
Such a declaration can be submitted through the portal “Diia” (section “eDeclaration”). You can receive the service by following the link: https://diia.gov.ua/services/yedeklaraciya.
In addition, the Law of Ukraine No. 3869-IX stipulates that while martial law is in force, legal entities may carry out business activities after submitting a declaration to the relevant permitting authorities without need to obtain required permits, except for the types of economic activity determined by the Cabinet of Ministers of Ukraine.
On 10 August 2022, the Law No. 2436-IX, which provides that legal entities will not be held liable for untimely publication of financial statements, came into force. In particular, publication of financial statements together with relevant reports for the entire period of non-disclosure of financial statements is postponed until the termination or cancellation of martial law (within three months after the termination or cancellation of martial law). Also, during martial law and three months after it finishes, business will not be held liable for violating requirements for the timeliness and completeness of financial reporting.
Re environmental administrative services
The Ministry of Environment also provides consultations via the hotline 0 800 500 115.
The portal “Diia” (“EcoSystem” section, “Administrative Services” tab) provides information on administrative services in the field of environment provided during wartime.
On 13 July 2023, the Verkhovna Rada of Ukraine adopted Law of Ukraine No. 3227-IX “On Amendments to Certain Laws of Ukraine on Improving and Digitalizing the Environmental Impact Assessment Procedure” aimed at improving the procedure for assessing the possible impact of certain projects and plans on the environment. Restoration work to eliminate the consequences caused by armed aggression against Ukraine during martial law is exempt from the environmental impact assessment procedure, and public hearings during this period are held in the format of a video conference. For territorial communities that are occupied or located in the territory of active hostilities, the environmental impact assessment procedure is not conducted and no conclusions are provided.
At the same time, the Law of Ukraine No. 2132-IX as of 15 March 2022 “On Amendments to Certain Legislative Acts of Ukraine on Environmental Activities and Civil Protection while Martial Law is in Effect” abolished the requirement to conduct Environmental Impact Assessment while implementing rehabilitation work to eliminate the consequences of armed aggression and hostilities.
Regarding administrative services in the construction sector
Work of the Unified State Electronic System in the construction sector and, accordingly, the performance of permitting and registration functions in the construction sector has been restored (registration of notice of the start of preparatory and construction works, issuance of permits to conduct construction of the facility, registration of the declaration of readiness for operation) for construction sites located in the following regions: Vinnytsia, Volyn, Dnipropetrovsk, Zakarpattia, Ivano-Frankivsk, Kirovohrad, Lviv, Odessa, Poltava, Rivne, Ternopil, Khmelnytsky , Cherkasy, Chernivtsi and Zhytomyr, Kyiv, Sumy, Chernihiv, as well as such cities as Kharkiv, Zaporizhia, Kyiv (https://diam.gov.ua/).
Apart from that, in accordance with the Resolution of the Cabinet of Ministers of Ukraine as of 29 March 2022 No. 384 “On Amendments to the Resolution of the Cabinet of Ministers of Ukraine as of 23 May 2011 No. 554” during martial law, performers of certain types of work (services) related with the constructing architectural objects that have received a qualification certificate before 1 January, 2016, may receive a qualification certificate of the highest category within 5 working days from the date of receiving by the self-regulatory organization in the field of architectural activities the required application. Along with the application, performers of certain types of work (services) related with the constructing architectural objects shall submit necessary documents and conduct professional certification within two months after the termination or abolition of martial law.
Public access to construction data on the Portal of the Unified State Electronic System in the Field of Construction https://e-construction.gov.ua has now been restored.
In addition, the Resolution of the Cabinet of Ministers of Ukraine as of 3 May, 2022 No. 530 “On amendments to the Procedure for development, approval, registration, amendments to building codes and their recognition as invalid” provides that during martial law and within the next 90 calendar days, the development, approval, registration, amendments to the state building codes and their recognition as invalid may be carried out by decision of the Ministry of Regional Development or other central executive body, which is responsible for rationing issues in construction .
Resolution of the Cabinet of Minister of Ukraine as of 24 June 2022 No. 722 (with amendments) prescribes, in particular:
1) For the duration of the martial law in Ukraine and within one year after it ends or is canceled:
– in case of failure to provide urban planning conditions and land development restrictions within 10 working days, the construction design will be carried out without obtaining urban planning conditions and restrictions, subject to compliance with local urban planning documents and land use restrictions;
– construction of individual residential, garden and country houses up to two stories high with an area of up to 500 square meters, as well as utility buildings and structures, garages and landscape design elements of the land plot can be carried out by the customer without obtaining a construction passport for the land plot development. In this case, the customer applies to an architect or a design engineer, who ensures the creation and/or uploading to the Unified State Electronic System in the field of construction of a scheme of land development intentions, created in compliance with the requirements of legislation, building codes and regulations.
2) For the duration of the martial law in Ukraine and within three months after it ends or is canceled deadlines for certain facade decoration and landscaping works (except for those relating to transport passages and vehicle-to-pedestrian communications) may be postponed.
Regarding administrative services in the land sector
Starting from 19 May 2022, the automated system of the State Land Cadastre resumes its work under martial law in Ukraine. The functioning and maintenance of the cadastral system will be carried out in the view of the Resolution of the Cabinet of Ministers of Ukraine as of 7 May 2022 No. 564 “Some issues of maintaining and functioning of the State Land Cadastre during martial law”.
More detailed information on the main changes in the work of the automated system of the State Land Cadastre during martial law can be found here:
Regarding permit documents in the field of state export control
Resolution of the Cabinet of Ministers of Ukraine as of 22 July 2022 No. 819 extended the period of validity of permit documents in the field of state export control during martial law, in particular:
● certificate of registration of business entities as subjects of international transfers of goods;
● certificate of authorization to carry out non-state examination of goods in the field of state export control;
● certificate of state attestation of the intra-firm export control system created by the subject of the international transfer of goods.
If such documents expire, business entities are not required to renew them at the State Export Control Service. The documents will continue to be valid during martial law and for 3 months after it finishes.
Regarding permit procedures in the field of telecommunications
On 31 March 2023, the Law of Ukraine “On Media” came into force, which provides for a new procedure for licensing and registration in the media sector, as well as the procedure for registering foreign linear media; liability of media entities for violation of the law; and peculiarities of legal regulation in the context of armed aggression.
During martial law in Ukraine, temporary broadcasting permits will be issued in accordance with the procedure established by the National Council on the peculiarities of licensing and registration in the media during martial law or a state of emergency.