INFORMATION ON THE CONDUCT OF ECONOMIC ACTIVITIES IN THE CONDITIONS OF MARTIAL LAW IN UKRAINE

In accordance with sub-paragraph 1 of paragraph 1 of the Resolution of the Cabinet of Ministers of Ukraine of March 18, 2022 No. 314 “Some issues of ensuring the conduct of economic activities in conditions of martial law” (hereinafter — Resolution of the Cabinet of Ministers No. 314) during the martial law, the right to conduct economic activities may be acquired by business entities on the basis of free submission to licensing bodies, permitting bodies and entities providing public (electronic public) services, a declaration on the conduct of economic activities (hereinafter — the declaration) containing information according to Appendix 1 of the Resolution of the Cabinet of Ministers of Ukraine No. 314, without obtaining permits (permits, licenses or other results of the provision of public services), except for the types of economic activities listed in accordance with Appendix 2 of the Resolution of the Cabinet of Ministers No. 314.

Pursuant to subparagraph 3 of paragraph 1 of the Resolution of the Cabinet of Ministers of Ukraine No. 314, business entities that have acquired the right to conduct business activities on the basis of a declaration, in the absence of relevant permits (documents of a permitting nature, licenses and/or other results of the provision of public services), immediately, but not later than three months after termination or cancellation Martial law applies to the relevant licensing bodies, licensing bodies and entities providing public (electronic public) services and receive the relevant permits the procedure, terms and conditions stipulated by law, without stopping (termination) of their activities.

We draw your attention to the fact that for the period of martial law introduced by the Decree of the President of Ukraine of February 24, 2022 No. 64 “On the introduction of martial law in Ukraine”, information in license registers is partially limited.

At the same time, all changes are made to these registers in accordance with the notifications of data changes submitted by the licensees.

We remind you that in accordance with the requirements of subsection 2 of paragraph 7 of the License Conditions for the Conduct of Security Activities, approved by the Resolution of the Cabinet of Ministers of Ukraine No. 960 of November 18, 2015, the subject of security activities is obliged to notify the licensing authority of all changes in the data specified in the application, documents and information, attached to the application for a license.

In the event of a change in such data, the licensee shall, within one month from the day following the day of their occurrence, submit to the licensing authority a corresponding notice in writing or electronic form together with copies of documents confirming the said changes (except information about security personnel, about the availability of special means and response vehicles, the change of which is notified to the authority licensing quarterly until the 10th of the first month of the next quarter (as of the 1st day of such month).

“Separately, it should be noted that according to the Law of Ukraine of March 03, 2022 No. 2115-IX “On Protection of the Interests of Subjects of Reporting and Other Documents During the Period of Martial Law or State of War” during the period of martial law or state of war, as well as within three months after its completion, no administration is applied to individuals, individual entrepreneurs, legal entities judicial and/or criminal liability for failure to submit or late submission of reports and/or documents, the submission of which is required in accordance with the provisions of applicable law in Documentary and/or in electronic form.

At the same time, this law stipulates that during the period of martial law or state of war, any checks on the timeliness and completeness of submission of any reports or documents of a reporting nature by authorized bodies are not carried out.

Also, the Government decided to suspend planned and unplanned measures of state supervision (control) and state market surveillance for the period of martial law, introduced by the Decree of the President of Ukraine of February 24, 2022. No. 64 “On the introduction of martial law in Ukraine” (Resolution of the Cabinet of Ministers of Ukraine of March 13, 2022 No. 303 “On the termination of measures of state supervision (control) and state market supervision in conditions of martial law”).

The implementation of unplanned measures of state supervision (control) during the period of martial law is allowed only in the presence of a threat that has a negative impact on the rights, legitimate interests, human life and health, protection of the natural environment and ensuring the security of the state, as well as for the fulfillment of international obligations of Ukraine, on the basis of decisions of the central executive authorities ensuring the formation of state policy in the relevant areas.