We have prepared a short digest of news that can be useful for entrepreneurs. Under martial law, the state leadership promptly makes decisions aimed at supporting citizens and businesses. Therefore, we will periodically inform you of changes. Below we have collected the main news for the period from 20 to 27 March.
Instead of the traditional legal pictures to lift your spirits, we are again sketching you some military memes.
The National Bank has changed some currency restrictions
Earlier we reported on current restrictions in the banking sector. You can remember here here. On March 21, 2022, the National Bank changed some of them.
The limit for withdrawing cash in foreign currency from clients' accounts in foreign currency has been increased to UAH 100,000 per day. This limit applies to the withdrawal of currency both in Ukraine and abroad from the client's foreign currency accounts.
Abroad, withdrawal of currency from hryvnia accounts is limited to a limit of UAH 100,000 per month.
The changes do not apply to the use of payment cards abroad and in Ukraine for payments to pay for goods, works and services. They can continue to be carried out without restrictions.
Regulation of labor relations during the war
The Verkhovna Rada of Ukraine adopted the Law "On the Organization of Labor Relations in Martial Law". It came into force on March 24, 2022.
Main innovations:
📌 The employer has the right to enter into fixed-term contracts with any employee for the period of martial law or for the period of replacement of a temporarily absent employee. This will allow the employer to dismiss such an employee without hindrance after the expiration of the employment contract.
📌 It is possible to transfer an employee to another job, change significant working conditions, including wages, without prior notice to the employee. Such information must be provided to the employee no later than admission to work with changed working conditions.
📌 The employee is not obliged to "work" two weeks before dismissal of his own volition in the region of hostilities.
📌 It is possible to dismiss employees who are on leave (except maternity leave) and on sick leave. In this case, such dismissal occurs if there are legal grounds for dismissal of the employee at the initiative of the employer, and not on the grounds of temporary incapacity for work or the employee is on leave.
📌 Increased permitted working hours up to 60 hours and reduced minimum weekly uninterrupted rest time - 24 hours.
📌 It is expressly provided that the employer is released from liability for late payment of wages. However, he will have to prove that this violation was the result of hostilities or other force majeure circumstances. After the end of hostilities, the salary must still be paid.
📌 At the request of the employee and with the consent of the employer, unpaid leave is possible without limiting the duration of such leave.
📌 A new procedure has been established - suspension of the employment contract. In this case, the employee is not fired, but is not obliged to perform work, and the employer is not obliged to accrue and pay wages. Such a procedure is used only in cases when due to military aggression the employer is unable to provide work and the employee is unable to perform it. Both the employee and the employer can suspend the employment contract. As the procedure is new and the law came into force only on March 24, 2022, such suspension may be applied not earlier than March 24, 2022.
The list of critical imports and restricted exports has been supplemented
The Cabinet of Ministers again supplemented the list of critical imports, which was approved by Resolution №153 of February 24, 2022. We remind you that if your product is included in this list, you can buy currency and pay for it with this product. For other goods, currency trading is still prohibited. This list is constantly updated and extensive, so we do not cite it here, but recommend reading it yourself.
The Cabinet of Ministers also specified the types of fertilizers whose export is subject to licensing. For a detailed list of goods, the export of which is subject to licensing, see the resolution of the Cabinet of Ministers № 1424 of 29.12.2021.
It is now easier to become a truck driver
Everyone who has a category B driver's license for the period of martial law can drive trucks of category C, C1.
Drivers who hold category B licenses and have more than 3 years of driving experience can obtain category C, C1 licenses under the simplified retraining procedure.
Amendments to the Technical Regulations for Construction Products
The Cabinet of Ministers amended and modernized these regulations. He also found that during martial law and 90 days after its cessation, construction products and materials imported into the customs territory of Ukraine from EU member states can be imported and sold on the basis of a declaration of construction products, confirming compliance with construction requirements. EU) 305/2011 of the European Parliament and of the Council of 9 March 2011 laying down harmonized conditions for the placing on the market of construction products.
Assistance to migrants
The Cabinet of Ministers has approved the procedure for payment to persons displaced within Ukraine in connection with hostilities. To do this, it will be enough to make an application through the Action.
Assistance will be provided not only to those who have registered residence in such areas, but also to those who have worked in these areas or have been registered with a private individual.
Amount of assistance:
- for persons with disabilities and children - UAH 3,000;
- for other persons - 2,000 hryvnias.
Compensation for employment of migrants
The Cabinet of Ministers approved the terms and conditions of compensation for employers who employed internally displaced persons.
In order for the employer to receive such compensation, the employee must be registered as an internally displaced person and his or her salary must be at least the minimum.
To receive compensation, you must apply to the employment center. The application can be submitted no earlier than 5 days from the date of employment of such an internally displaced person.
The amount of compensation is UAH 6,500 per month per person. Paid 2 months in a row, but not later than 30 days after the end of martial law.
The Ministry of Justice is gradually opening access to registers
The Cabinet of Ministers has amended its resolution regulating the procedure for registration.
The access of notaries to the State Register of Encumbrances on Movable Property and the Unified State Register of Legal Entities, Individuals - Entrepreneurs and Public Associations will be gradually restored.
So far, this access will only apply to the provision of information from these registers and the registration of private encumbrances on movable property.
The Ministry of Justice will approve the lists of administrative-territorial units where access will be completely suspended, all others will have access.
We expect that other registration actions will be resumed in the future according to this algorithm.
We reported in our office what registration actions can be carried out now previous news release.
Simplification of high-risk equipment for users
During the period of martial law, almost all equipment can be used and high-risk work can be performed on the basis of declarations.
Permits are required only for:
📌 Equipment related to the production (manufacture), use, processing, storage, transportation, use, disposal or disposal of explosive and hazardous substances of hazard class 1 and 2, the mass of which is equal to or exceeds the threshold values.
📌 Equipment and protective systems intended for use in potentially explosive atmospheres are listed in Annex 1 to the Technical Regulations for equipment and protective systems intended for use in potentially explosive atmospheres.
📌 Production, use, processing, storage, transportation, use, utilization and disposal of explosive and hazardous substances of hazard 1 and 2 hazard class, combustible liquids, the mass of which is equal to or exceeds the threshold values.
📌 Explosive works and works related to the use of explosive energy, disposal of weapons, conventional ammunition and missile products, manufacture, testing, transportation, storage and use of industrial explosives and their disposal.
📌 Gas-hazardous works and works in explosion-hazardous and / or fire-hazardous areas.
📌 Technical inspection, testing, expert inspection of machines, mechanisms, high-risk equipment.
📌 Production of pyrotechnic articles.
📌 Filling, draining and repair of cylinders, containers, tanks and other containers with compressed, liquefied, toxic, explosive and inert gas, their storage.
📌 Works with the use of pyrotechnic tools.
📌 Mineral enrichment works, formation and operation of rock dumps, laying and fastening of slopes, sides, quarry ledges, underground geological exploration, geological surveying works.
Also validity period permitting documents for the operation of machinery, mechanisms, high-risk equipment and for the performance of high-risk work, which ended during martial law, automatically resumes for the period of martial law and within one month after its termination or abolition.
Simplified procedure for importing humanitarian aid
The Cabinet of Ministers has simplified the procedure for importing humanitarian aid as much as possible. Now such assistance is allowed across the border only on the basis of a declaration without any additional letters and confirmations. The declaration simply needs to indicate for whom such assistance is intended. However, this should not be abused, as the Verkhovna Rada has introduced criminal liability for misuse of humanitarian aid.
Import of goods without VAT and duties is possible
The Cabinet of Ministers passed a resolution that effectively gave entrepreneurs the right to choose or tax VAT on imported goods. Those who need to form a tax credit will benefit from paying VAT. However, those who choose the simplified taxation system will be able to import goods without VAT.
Such simplification will apply only during martial law. In order for this to work, a separate law is needed, which the Verkhovna Rada adopted on March 24, 2022, but it has not yet been published and entered into force. We will tell more about these and other changes in the next issue of our news.
