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LAW OF UKRAINE

of August 12, 2014 No. 1636-VII

About creation of the free economic zone Crimea and about features of implementation of economic activity in temporarily occupied territory of Ukraine

(as amended on 19-09-2019)

This Law is the special law which determines features of implementation of economic activity in temporarily occupied territory of Ukraine according to article 13 of the Law of Ukraine "About providing the rights and freedoms of citizens and legal regime in temporarily occupied territory of Ukraine", Crimea creates the free economic zone (further - SEZ "Crimea"), and regulates other aspects of legal relations between physical persons and legal entities which are in temporarily occupied territory or beyond its limits.

Section I Free economic zone "Crimea"

Article 1. Territory of the free economic zone Crimea

1.1. SEZ "Crimea" is entered within two administrative and territorial units of Ukraine: Autonomous Republic of Crimea and city of Sevastopol.

1.2. The administrative border between the territory of SEZ "Crimea" and other territory of Ukraine matches overland administrative border between the Autonomous Republic of Crimea and the Kherson region.

1.3. The territory of SEZ "Crimea" does not extend to the exclusive sea economic zone of Ukraine determined such Convention of the United Nations according to regulations on maritime law of 1982 and the Agreement on implementation of part XI of the Convention of December 10, 1982 namely: on the territorial sea of Ukraine and adjacent zones, passages used for the international navigation, the continental shelf, the high sea, the mode of islands and the international district of seabed, and also on airspace over the Crimean peninsula, determined by that according to the Convention on international civil aviation of 1944.

Agreement regulations on the open sky of 1992 extend to the territory of SEZ "Crimea".

Article 2. Effective periods of the free economic zone Crimea

2.1. SEZ "Crimea" is entered for ten complete calendar years, since day of entry into force of this Law.

2.2. The validity of SEZ "Crimea" can be extended or reduced by the law of Ukraine.

Functioning of SEZ "Crimea" during the mode of temporary occupation of its territory is performed taking into account the features determined by the Section II "Transitional provisions" of this Law.

2.3. The termination of the mode of temporary occupation is not the basis for cancellation of SEZ "Crimea".

Article 3. Legal regime of the free economic zone Crimea

3.1. In the territory of SEZ "Crimea" the particular legal regime of economic activity of physical persons and legal entities, including special procedure for application of regulations of the regulatory, tax and customs legislation of Ukraine, and also specific mode of internal and external migration of physical persons is effective.

3.2. Within SEZ "Crimea" the free customs zone which on the functional type is at the same time free customs zone of commercial, service and industrial type under Article 430 of the Customs code of Ukraine is created.

3.3. Features of legal regime of SEZ "Crimea" and free customs zone in its territory are determined by this Law taking into account the provisions of the law of Ukraine "About providing the rights and freedoms of citizens and legal regime in temporarily occupied territory of Ukraine".

3.4. The customs formalities connected with movement of goods, vehicles of commercial appointment and citizens through administrative border of SEZ "Crimea" are performed in the customs control zones located in the places determined by Article 329 of the Customs code of Ukraine.

Article 4. Creation of the free economic zone Crimea and Managing company of the free economic zone Crimea

4.1. SEZ "Crimea" is created according to this Law (ipso jure) without coordination with relevant organs of local self-government or local executive bodies.

4.2. Body of economic development and management of SEZ "Crimea" is the Managing company of SEZ "Crimea" (further - Managing company) who is legal entity and is in state-owned property.

4.3. During effective period of SEZ "Crimea" the Managing company cannot be korporatizirovana or is privatized.

4.4. Functions and powers of Managing company, and also procedure for control of its activities are determined by the Cabinet of Ministers of Ukraine.

The Cabinet of Ministers of Ukraine can refuse formation of Managing company or delegate its functions and powers to the central executive body of Ukraine determined by it or the state company (further - to authorized body concerning the Crimea).

Article 5. Collection of taxes in the territory of the free economic zone Crimea

5.1. In the territory of SEZ "Crimea" the nation-wide taxes and fees determined by article 9 of the Tax Code of Ukraine and the collection on compulsory national pension insurance provided by the Law of Ukraine "About collection on compulsory national pension insurance" are not levied.

5.2. Relations between persons who have the tax address in the territory of SEZ "Crimea" and persons who have the tax address in other territory of Ukraine are controlled transactions under article 39 of the Tax Code of Ukraine.

5.3. Physical person which the tax address takes (residence) the legal entity (separate division) which has the tax address (location) in the territory of SEZ "Crimea" are equated for the purpose of the taxation to the nonresident.

Physical person which the tax address takes (residence) the legal entity (separate division) which has the tax address (location) in other territory of Ukraine are equated for the purpose of the taxation to resident.

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