On 18 March 2022, the Cabinet of Ministers of Ukraine adopted Resolution No.314 "Some issues of ensuring economic activity under martial law", which defined the mechanism for submitting declarations by business entities to obtain permits and licenses during martial law.
Resolution No.535 dated 3 May 2022 amended and improved this mechanism.
According to the resolution, during martial law, a business entity acquires the right to carry out economic activity on the basis of a declaration of economic activity (hereinafter - the "declaration").
The declaration is submitted to the licensing authorities, permitting authorities and entities providing public (electronic public) services (hereinafter – "authorized bodies") free of charge and must contain the following information:
- information about the business entity
- information on the actual address (addresses) of economic activity
- name of the economic activity/part of the economic activity carried out by the business entity or information on changes made to the permit document
- name of the permit to be replaced or amended by the declaration (may relate to several documents at the same time)
- note that the business entity is familiar with the requirements of the legislation, which establishes an exhaustive list of requirements for economic activities subject to licensing, obtaining a permit, other result of public service, which is replaced by a declaration, and undertakes to comply with them.
Submission of the said declaration entitles to carry out economic activity without obtaining permits (permitting documents, licenses or other results of public services), except for the types of economic activity defined in Annex 2 to the Resolution, including:
- activities in the field of nuclear energy use
- hazardous waste management
- subsoil use activities
- work with radioactive substances and other sources of ionizing radiation
- performing certain types of work or operations during operation and closing the radioactive waste repository
- use of lands and reservoirs located in the sanitary protection zone of a nuclear installation, facility intended for radioactive waste management, uranium facility
- production of sources of ionizing radiation
- processing, storage of radioactive waste
- processing of uranium ores
- activities of the operating organization at certain stages of the life cycle of a nuclear installation or repository for radioactive waste disposal
- special water use
- environmental impact assessment
- transboundary movement of hazardous waste
- special use of natural resources within the territories and objects of the nature reserve fund
- special use of forest resources
- performing of preparatory works specified by building codes
- performing of construction works at facilities, which according to the class of consequences (responsibility) belong to the facilities with insignificant consequences (CC1)
- commissioning of completed facilities, which according to the class of consequences (responsibility) belong to the facilities with insignificant consequences (CC1)
- performing of preparatory works (if they were not performed earlier according to the notice of commencement of preparatory works) and construction works at facilities, which according to the class of consequences (responsibilities) belong to facilities with medium (CC2) and significant (CC3) consequences
- commissioning of completed facilities, which according to the class of consequences (responsibility) belong to the facilities with medium (CC2) and significant (CC3) consequences
- activities in the field of cultural heritage protection, export (temporary export) of cultural values, etc.
We note that the exhaustive list of activities subject to licensing is defined in the Law of Ukraine "On Licensing of Economic Activity Types", and the list of permits - in the Law of Ukraine "On the List of Permit Documents in the Economic Sector".
The declaration can be submitted at choice:
- in electronic form - through the Unified state web portal of electronic services, in particular the Portal Diia (in case of submission of the declaration by an individual entrepreneur)
- in paper form - through the center for the provision of administrative services with subsequent transfer to the authorized bodies by means of the Portal Diia. After entering the information into the Portal Diia, the declaration is returned to the applicant
Business entities that have acquired the right to conduct economic activities on the basis of the declaration, in the absence of relevant permitting documents, no later than three months after the termination or cancellation of martial law must apply to authorized bodies and obtain relevant permitting documents in accordance with law, without delay (termination) of their activities.
The duration of valid temporary licenses and permit documents is automatically extended for the period of martial law and three months from the date of its termination or cancellation, and periodic / regular payments on these documents are deferred for the specified period.
Prior to the introduction of the declaration submission system through the Portal Diia, business entities submit declarations to the Ministry of Economy, which ensures their transfer to the authorized bodies (except for business entities engaged in security activities, which submit declarations to the Ministry of Internal Affairs).
For more information, please contact Asters` Counsel Anzhelika Livitska and Associate Victoria Kurus.