Publication date: 07.06.2024
Lawyer
Legal aspects of the protection of the rights to entrepreneurial activity in the de-occupied territories
The return to normal life in the de-occupied territories after the armed conflict requires special attention to the protection of the rights to entrepreneurial activity. Entrepreneurs who seek to resume their activities face numerous legal challenges. In this context, such legal mechanisms as a lawyer's consultation, document analysis, legal opinion and legal opinion of a lawyer are critically important.
Basic legislative acts
Legal regulation of entrepreneurial activity in Ukraine is determined by a number of laws, including the Law of Ukraine "On Entrepreneurship", the Law of Ukraine "On Protection of Consumer Rights", the Tax Code of Ukraine and other normative legal acts. In addition, special provisions may be included in legislation governing activities in conflict zones and de-occupied territories.
Consultation of a lawyer
Consulting a lawyer is the first step for entrepreneurs returning to the de-occupied territories. The lawyer provides advice on the resumption of business activities, including business registration, restoration of rights to property that was used for business activities, and settlement of tax issues. An important aspect is the clarification of the rights and obligations of entrepreneurs in the context of current legislation and possible changes related to de-occupation.
Analysis of documents
The analysis of documents is an important stage for determining the legality of resuming business activity. The lawyer analyzes the founding documents of the enterprise, lease agreements, purchase and sale agreements, licenses and other documents confirming the right of ownership and use of property. Particular attention is paid to documents that may have been lost or damaged as a result of the conflict, and determining the procedure for their restoration.
Legal opinion
Based on the analysis of the documents, the lawyer prepares a legal opinion. This document contains a detailed analysis of the legal situation, references to relevant legislation and recommendations for further actions. A legal opinion helps entrepreneurs understand their rights and obligations, and also determines the legal grounds for resuming operations. It can be used to address authorities, courts or other organizations in order to protect the rights of entrepreneurs.
Legal opinion of the lawyer
If it is necessary to protect rights in court, the lawyer's legal opinion is a key document. The lawyer carries out an in-depth analysis of the legal situation, taking into account court practice and possible legal risks. The lawyer's legal opinion includes detailed arguments, references to legal norms and court decisions, as well as recommendations for procedural actions. This document is the basis for preparing claims, appeals and other procedural documents.
Restoration of ownership
One of the main aspects is the restoration of ownership of property that was used for business activities. The lawyer helps entrepreneurs determine the legal mechanisms for restoring property rights, including submitting applications to real estate registration authorities, as well as court procedures. Particular attention is paid to the restoration of rights to property that may have been destroyed or damaged as a result of military operations.
Tax issues
The lawyer also advises entrepreneurs on tax issues, including the settlement of tax debts, obtaining tax benefits and preferences that may be granted by the state for the resumption of activities in the de-occupied territories. An important aspect is the clarification of the legal basis for applying for tax benefits and support.
