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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of March 18, 2022 No. 314

Some questions of ensuring implementation of economic activity in the conditions of warlike situation

According to the Presidential decree of Ukraine of February 24, 2022 "About introduction of warlike situation in Ukraine" the Cabinet of Ministers of Ukraine decides No. 64:

1. Determine that:

1) in the period of warlike situation the right to implementation of economic activity can be acquired by subjects of managing based on non-paid submission to bodies of licensing, allowing bodies and subjects of provision public (electronic public) services of the declaration on implementation of the economic activity (further - the declaration) containing data according to appendix 1, without receipt of allowing documents (documents of allowing nature, licenses or other results of provision of public services) except types of economic activity according to the list according to appendix 2.

Nonresidents (the foreign companies, the organizations) who perform in Ukraine activities only through permanent missions in the period of warlike situation can acquire the right to implementation of economic activity on construction of facilities which on class of effects (responsibility) belong to objects with averages (CC 2) and considerable (CC 3) effects, based on free submission to body of licensing of the declaration containing data according to appendix 1-1, without receipt of the building license of objects that on class of effects (responsibility) treat objects with averages (CC 2) and considerable (CC 3) effects.

Bodies of licensing, allowing bodies and subjects of provision public (electronic public) services create and keep lists of the submitted declarations which contain information about:

the subject of managing (for the legal entity - form of business, the full and abbreviated name (in the presence), for physical person - entrepreneur-surname, own name, middle name (in the presence); type of economic activities / part of type of economic activity which is performed based on the submitted declaration; the place of implementation of activities (if implementation of activities is limited to the territory of the corresponding administrative and territorial unit);

the nonresident (the foreign company, the organization) performing in Ukraine activities only through permanent mission: country of source; form of business, full and abbreviated name (in the presence); type of foreign economic activity; actual address (addresses) of implementation of foreign economic activity;

2) the declaration can be submitted at the choice of subject of managing, the nonresident (the foreign company, the organization) which performs in Ukraine activities only through permanent mission, irrespective of the announced (registered) location (residence), the place of implementation of economic activity or location of the corresponding object:

electronically - through the Single state web portal of electronic services, in particular, means of mobile application of the Single state web portal of electronic services (further - the Action Portal) (in case of submission of the declaration by physical person entrepreneur);

in paper form - through the center of provision of administrative services with the subsequent transfer of licensing to bodies, allowing bodies and subjects of provision public (electronic public) services by means of the Action Portal. After entering of information into the Action Portal the declaration returns to the applicant;

If declarations shall be submitted to bodies of licensing, allowing bodies and to subjects of provision public (electronic public) services which local executive bodies are, local government bodies, military authorities, territorial authorities of the central executive bodies, the state and utility companies, such declarations go to the specified bodies and the companies means of the Action Portal through:

the central executive bodies providing realization of state policy in the respective sphere (if the declaration moves in territorial authority of such central executive body or the state company which treats the sphere of its management);

regional public administrations, the Kiev city public administration or regional military authorities (if the declaration moves in local executive body, local government body, military authorities, the utility company which are or are effective within the corresponding administrative and territorial unit);

3) subjects of managing, nonresidents (the foreign companies, the organizations) which perform in Ukraine activities only through permanent missions which acquired the right to implementation of economic activity based on the declaration in case of lack of the relevant allowing documents (documents of allowing nature, the license and/or other results of provision of public services), instantly, but no later than three months after the termination or cancellation of warlike situation address to relevant organs of licensing, allowing bodies and subjects of provision public (electronic public) services and receive the relevant allowing documents according to the procedure, in terms and on conditions, stipulated by the legislation, without stopping (terminations) of their activities;

4) for warlike situation the current of circulation periods behind receipt of the public services determined by the legislation stops. From the date of the termination or cancellation of warlike situation the current of the specified terms proceeds taking into account time which passed to their stop;

5) effective periods of the existing urgent licenses and documents of allowing nature, results of provision of public services in work and/or renderings of services in the field of antimine activities are automatically prolonged for the period of warlike situation and three months from the date of its termination or cancellation, and periodical, next payments on them are deferred for the term specified in this subitem (except effective period of licenses in the field of activities for the organization and carrying out gamblings and payment for such licenses);

6) effective periods of the existing certificates of registration of subjects of managing as subjects of implementation of the international transfers of goods, certificates on receipt of powers on conducting non-state examination of goods in the field of the state export control and certificates on the state certification of the system of intra-corporate export control created by the subject of implementation of the international transfers of the goods issued by Public service of export control are automatically prolonged for the period of warlike situation and three months from the date of its termination or cancellation.

2. Before commissioning of system of submission of declarations through the Action Portal subjects of managing give to the Ministry of Economics which provides their transfer to relevant organs of licensing, allowing bodies and to subjects of provision public (electronic public) services (except subjects of managing which perform security activities and submit declarations to the Ministry of Internal Affairs).

3. To provide to the ministry of digital transformation within one week from the date of entry into force of this resolution technical capability of submission of the declaration.

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