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.
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 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 .
Resolution of the Cabinet of Minister of Ukraine as of 24 June 2022 No. 722 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 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.
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
Draft law No. 7486, adopted on 16 August 16 2022, provides for:
● extension of licenses for the use of radio frequency spectrum and numbering resource for the period of martial law and three months after its termination/cancellation;
● postponing fulfillment of the license conditions by users of the radio frequency spectrum during martial law and within six months from the date of its termination/cancellation;
● not later than one month before the end of six months from the moment of the termination or cancellation of martial law, the regulatory body (The National Commission for the State Regulation of Communications and Informatization) shall carry out an assessment of the possibility of compliance by users of the radio frequency spectrum with the conditions of licenses. Then the regulatory body will decide on the need for an additional postponement for the same term (not exceeding two years) for all licensees.