LICENSING

General Information

According to the Resolution of the Cabinet of Ministers of Ukraine “Some issues of realization of rights, freedoms and legitimate interests of individuals and legal entities” as of 28 February, 2022 No. 165, terms of providing administrative services and issueing of permits are suspended while martial law is in effect, except for terms of providing administrative services regarding:
– state registration of legal entities, private entrepreneurs;
– state registration of rights to real property and their encumbrances;
– state registration of civil status acts.

At the same time, the State Regulatory Service of Ukraine in the position published on 10 March, 2022 stipulated that if the security situation allows the issuance of permits and licenses shall be carried out within the time limits established by law.

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, 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.

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 Cabinet of Ministers of Ukraine registered a draft law No. 7331, which 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.

Re environmental administrative services

The portal “Diia” (“EcoSystem” section, “Administrative Services” tab) provides information on administrative services in the field of environment provided during wartime.

The Ministry of Environment also provides consultations via the hotline 0 800 500 115.

It should be noted that the preparation of the environmental impact assessment report, compliance with the permitting procedure provided by the Law of Ukraine “On Environmental Impact Assessment”, analysis of reports by authorized bodies and issuance of a permit are not carried out.

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

As of May 2022, the work of the Unified State Electronic System in the construction sector and, accordingly, the performance of permitting and registration functions in the construction sector (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.

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 .

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: 
https://www.kmu.gov.ua/news/derzhavnij-zemelnij-kadastr-vidnovlyuye-robotu-zadlya-zabezpechennya-nadannya-v-umovah-voyennogo-stanu-nagalnih-administrativnih-poslug.

Regarding administrative services in water management sector

On 3 May, 2022, the Government of Ukraine registered in the Parliament of Ukraine the draft law No. 7346 “On Amendments to Certain Legislative Acts of Ukraine on Deregulation of Economic Activity in Water Management Development”, which provides, in particular, simplification of the procedure for obtaining a special water use permit. In particular, the draft law provides for a reduction in the number of approval bodies and documents required to obtain the permit, as well as the procedure for terminating previously issued permits for special water use in case of issuance of new ones, revocation of permits for dredging (except for operational dredging), laying cables, pipelines and other communications etc.