Publication date: 06.06.2024
Lawyer
Legal mechanisms for supporting small and medium-sized businesses in times of war
Armed conflicts and hostilities always create serious obstacles to doing business, especially for small and medium-sized enterprises. In such conditions, ensuring the sustainable functioning of business activities is an extremely important task that requires effective legal mechanisms to support business.
A lawyer's consultation plays a key role in the process of defining and applying legal instruments to support small and medium-sized enterprises in wartime. Lawyers must conduct a thorough analysis of the documents and provide a legal opinion on the available opportunities and the procedure for obtaining such support.
International legal regulation
At the international level, issues of business support in conflict are regulated by a number of documents, among which it is worth highlighting the UN Guiding Principles on Business and Human Rights. This document calls on states and business structures to respect human rights and ensure their protection, including in areas of armed conflict.
In addition, resolutions of the UN Security Council and acts of other international organizations calling for the promotion of economic development and business support in post-conflict situations are of great importance.
National legislation
In Ukraine, issues of supporting small and medium-sized businesses are regulated by the Constitution of Ukraine, the Economic Code of Ukraine, the Law of Ukraine "On the Development and State Support of Small and Medium-Sized Businesses in Ukraine" and other normative legal acts. These documents provide for a number of state support mechanisms, in particular, in the form of tax and credit benefits, financial assistance, export promotion, etc.
Legal opinion of the lawyer
During the consultation of a lawyer on legal mechanisms for supporting small and medium-sized businesses in wartime, the lawyer must conduct a thorough analysis of the documents and provide a legal opinion that will include the following aspects:
1. Determination of programs and mechanisms of support for small and medium-sized enterprises in the conditions of armed conflict available at the national and international levels.
2. Assessment of the possibilities of obtaining financial, tax, credit and other assistance to ensure the stable functioning of the business.
3. Analysis of legal instruments for ensuring the security of business activity and protection of property rights of economic entities.
4. Recommendations regarding the procedure for filing and submitting applications for state support, as well as reporting requirements.
5. Clarification of responsibility for violations of legislation in the field of business activity in the conditions of martial law or an emergency situation.
Conclusion
Supporting small and medium-sized businesses in armed conflict is an extremely important task that requires effective legal mechanisms at the national and international levels. Only under the condition of coordinated actions of lawyers, state authorities, international organizations and business associations, it is possible to ensure the sustainable functioning of business activities and create favorable conditions for the recovery of the economy in the post-conflict period.
