Publication date: 03.06.2024
Lawyer
Legal aspects of supporting the domestic production of food and industrial goods in wartime
In the conditions of martial law and the threat of a food crisis as a result of Russian aggression against Ukraine, the support of domestic production of food and industrial goods acquires strategic importance. Ensuring a sufficient level of self-sufficiency of the country with vital goods is a matter of national security. In this context, it is important to consider the legal aspects of measures aimed at stimulating and protecting domestic production.
Consulting a lawyer or consulting a lawyer on these issues requires analyzing a number of key points:
1. Analysis of documents such as laws, regulations, producer support programs, international trade agreements, etc. The lawyer's legal and legal opinion should be based on a thorough study of all relevant regulatory and legal acts.
2. Assessment of compliance of measures to support domestic production with the norms of national legislation and international obligations of Ukraine, in particular within the framework of the World Trade Organization (WTO) and the Association Agreement with the EU.
3. Analysis of the possibility of applying exceptions to the general rules of free trade on the basis of Article XXI of the General Agreement on Tariffs and Trade (GATT) in conditions of martial law and threats to national security.
4. Assessment of the risks of trade disputes and possible sanctions on the part of Ukraine's trade partners in case of application of protectionist measures.
5. Determining the optimal balance between supporting domestic producers and providing consumers with access to the necessary goods at reasonable prices.
6. Consideration of alternative mechanisms for stimulating production, such as public procurement, preferential lending, tax preferences, etc.
It should be noted that in accordance with WTO norms and free trade agreements, Ukraine is obliged to avoid unjustified protectionism and ensure a non-discriminatory regime for imported goods. At the same time, in the event of exceptional circumstances that pose a threat to national security, the state may apply restrictive measures on the basis of Article XXI of the GATT.
When consulting a lawyer and providing a lawyer's legal and legal opinion, it is important to carefully assess the existence of such exceptional circumstances, as well as the proportionality and reasonableness of the implemented measures to support domestic production.
In addition, it is necessary to take into account the requirements of the Association Agreement with the EU, in particular the provisions on the creation of a deep and comprehensive free trade zone between Ukraine and the EU. This imposes certain obligations on trade liberalization and limits the possibilities for the application of protectionist measures.
At the same time, in the conditions of martial law and the destructive impact of Russian aggression on the economy of Ukraine, exceptions to these rules may be considered in order to ensure the vital interests of the state.
Summing up, it can be noted that the issue of legal aspects of supporting the domestic production of food and industrial goods in wartime is quite complex and multifaceted. A lawyer's consultation, a thorough analysis of documents, a lawyer's legal and legal opinion play a key role in choosing the optimal strategy and ensuring a balance between the protection of Ukraine's national interests and compliance with its international obligations.
