Publication date: 21.02.2024
Lawyer, graduated from the National University "Odesa Law Academy" with honors. Since 2017, I have been specializing in legal and educational and general legal issues. I am the author of legal articles, scientific publications and articles in the educational environment. Mentor of the "Veritas" legal clinic. The owner of the legal blog "Educational_law_ua" on Instagram.
The issue of licensing and documents of a permissive nature is a sufficiently discussed legal topic in the conditions of the continuation of martial law. First of all, it is worth mentioning that the Resolution of the Cabinet of Ministers of Ukraine number 165 of April 28, 2022 was adopted in Ukraine. This document regulates issues related to the realization of freedoms, rights and legitimate interests of legal entities and individuals. It was he who stopped the procedure of issuing documents of a permissive nature, in particular, obtaining licenses for carrying out certain types of economic activity.
In addition, another Government Resolution No. 314 dated 18.03.2022, which related to the issues of ensuring the activities of economic activities during martial law, determined that during such a period the applicant (business entity), who was obliged by law to obtain a license (for example, in the field of educational services), has the right to personally decide: submit documents for obtaining such a license or submit another document - a temporary declaration, according to which he will be able to conduct his economic activity without the obligation to obtain a license during martial law. Such declarations should be submitted to authorized licensing authorities, and in some cases to the Ministry of Economy or the Ministry of Internal Affairs.
Such declarations can be submitted by:
legal entities and natural persons-entrepreneurs whose validity period of certain permission documents has already expired even before the introduction of martial law;
legal entities and natural persons-entrepreneurs who are going to engage in the field of economic activity and in the event that it requires the presence of such mandatory documents (licenses);
those subjects of entrepreneurial activity who decided to change their type of economic activity, which obliges to have permission documents.
In addition, it should be noted that if entrepreneurs do not want to receive licenses, then in this case they can submit declarations in one of the following options:
a paper declaration submitted through local administrative service centers, which can be submitted by mail or in person; electronic declaration, submitted using the Unified state web portal of electronic services "Diya" (for individual entrepreneurs).
It should be said that the above declaration will have the same legal status as licenses. But it is worth noting that the above-mentioned Decree No. 314 also defines the list of those types of economic activity that cannot be carried out with the help of a declaration. In this case, you definitely need to get a license.
The legal position notes that the current legislation defines the period during which it will be necessary to submit documents for obtaining a license anyway. Thus, after the cancellation of martial law (or termination) within 3 months, business entities that conducted their activities on the basis of the declaration will be required to submit documents to the authorized body for obtaining the appropriate license. If you need legal advice on this matter, or answers to questions such as: negotiations with counterparties, contract preparation with entrepreneurs, or signing a document such as a settlement agreement, or if a creditor violates your rights, then in this case, a lawyer from the “Consultant” marketplace is sure to come to you will help.
