Publication date: 28.05.2024
Amending the Law of Ukraine "On the Protection of the Interests of Subjects Submitting Reports and Other Documents During the Period of Martial Law or State of War" Regarding Renewal of Reporting in the Field of State Export Control
Introduction
In connection with the special conditions arising during martial law or a state of war, Ukraine has introduced legislative mechanisms to protect the interests of entities that submit reports and other documents. However, some areas, in particular state export control, require special attention and regulation even in these conditions. This is due to the need to control the export of goods and technologies of strategic importance for national security. In this regard, there is a need to amend the current legislation to renew reporting in the field of state export control during martial law or a state of war.
Main part
The relevance of changes
Martial law creates specific challenges for state control over exports, because in such conditions situations may arise when uncontrolled export of strategically important goods may threaten national security. In particular, this applies to dual-purpose goods, military equipment and technologies that can be used in military conflicts.
The main provisions of the proposed changes
In order to ensure the proper level of control over the export of strategically important goods, it is proposed to make the following changes to the Law of Ukraine "On the Protection of the Interests of Subjects of Submission of Reports and Other Documents During the Period of Martial Law or State of War":
Introduction of mandatory reporting: Renew mandatory reporting in the field of state export control, even during martial law or a state of war.
Simplification of procedures: Introduce simplified procedures for submitting reports and other necessary documents to ensure efficiency and accessibility of the process.
Electronic means of submission: Expand opportunities for submitting reports using electronic means, which will avoid delays and ensure the smooth functioning of the export control system.
Strengthening control: Increase the level of control over the export of dual-purpose goods and military equipment, in particular, through increased liability for violations of established requirements. You may be interested in the following articles: lawyer's consultation, lawyer's consultation, document analysis, legal situation analysis, written consultation, document review by a lawyer, lawyers' documents, lawyer's help online, lawyer online, legal opinion, lawyer's legal opinion, lawyer online.
Advantages of the proposed changes
Enhancement of national security: Ensuring proper control over the export of strategically important goods will contribute to the protection of national interests and the security of the state.
Promptness and flexibility: Simplified procedures and the use of electronic means of reporting will allow prompt response to changes in export operations.
Reduction of bureaucratic barriers: The introduction of simplified procedures will reduce the administrative burden on business entities, which will contribute to more efficient execution of export operations.
An example of a wording of a change
It is proposed to add a new Article 5-1 to the Law of Ukraine "On Protection of the Interests of Subjects Submitting Reports and Other Documents During Martial Law or a State of War" with the following content:
Article 5-1. Renewal of reporting in the field of state export control
During the period of martial law or a state of war, entities that export goods subject to state export control are required to submit reports and other mandatory documents in the prescribed manner.
Reporting can be submitted using electronic means of communication, using an electronic signature that meets the requirements of the legislation on electronic documents and electronic document management.
Establish simplified procedures for submission and review of reports to ensure efficiency and continuity of export control.
For failure to comply with the requirements for reporting in the field of state export control during martial law or a state of war, business entities are liable in accordance with the current legislation of Ukraine."
Conclusion
The introduction of amendments to the Law of Ukraine "On the Protection of the Interests of the Subjects of Reporting and Other Documents During the Period of Martial Law or the State of War" regarding the renewal of reporting in the field of state export control is an important step for ensuring national security and preserving the strategic interests of the state. Simplification of procedures and the use of electronic means for reporting will allow business entities to effectively perform their duties even in difficult conditions of martial law. This will contribute to increasing the level of control over the export of important goods and technologies, which is critically necessary to protect Ukraine's interests in the face of modern challenges and threats.
