Obtaining the right to conduct economic activities under martial law

Please be informed that the Cabinet of Ministers of Ukraine adopted a Resolution № 314 of March 18, 2022 “Some issues of economic activity under martial law”¹. This decree concerns business entities wishing to engage in activities requiring special permits during martial law.

The regulations of the Resolution stipulate the following:

1) during martial law, the right to conduct business activities may be acquired by business entities on the basis of a submission to the Ministry of Economy, and by business entities engaged in security activities – to the Ministry of Internal Affairs, declaration of production of economic activities (hereinafter – the declaration), containing information in accordance with Annex 1 to the Resolution, without obtaining permits (documents of permissive nature, licenses or other results of providing public services), except for economic activities according to the list in accordance with Annex 2 to the Resolution;

2) the declaration may be filed at the choice of the business entity regardless of the declared (registered) location (place of residence), place of business activity or location of the relevant object:

– in digital form – through the Unified State Web Portal of Electronic Services, in particular by means of the mobile application Portal Diia (Дія);

– in paper form – through the administrative services center, submitted personally by a business entity or an authorized person, sent by mail;

3) business entities, which obtained the right to conduct business activities on the basis of the declaration, in the absence of the relevant permits (documents of permissive nature, licenses and / or other results of public services), without delay, but not later than one month after the termination or cancellation of martial law, apply to the relevant licensing authorities, permitting bodies and entities providing public (electronic public) services and obtain the relevant permits in the manner, terms and conditions prescribed by law, without stopping (terminating) their activities;

4) for the period of martial law the course of the terms of application for public services, defined by the legislation, is stopped. From the day of termination or cancellation of martial law, the course of the mentioned terms shall continue, taking into account the time elapsed before their stoppage;

5) The terms of validity of existing fixed-term licenses and permits are automatically extended for the period of martial law.

The Ministry of Economy during martial law, as well as within one week from the date of termination or cancellation of martial law, is instructed to report daily to the relevant licensing authorities, permitting bodies and entities providing public (electronic public) services information on the business entities, who obtained the right to carry out economic activities on the basis of the declaration, the types of economic activities they carry out and their location by redirecting the received declarations.

The Ministry of Digital Transformation, together with the Ministry of Economy and the Ministry of Internal Affairs, have been instructed to make the filing of the declaration possible.

The list of types of economic activities that may not be carried out on the basis of submission of the declaration under martial law and the List of information to be included in the declaration of the production of economic activities are attached to this advice.