Ukrainian Government Eases Construction Licenses for Foreign Companies Amid Martial Law

by Roman Cheplyk
Tuesday, August 6, 2024
3 MIN
Ukrainian Government Eases Construction Licenses for Foreign Companies Amid Martial Law

In a significant move to facilitate foreign investment and infrastructure development, the Cabinet of Ministers of Ukraine has allowed foreign businesses to engage in construction activities without obtaining traditional licenses

This decision, announced on August 6, is expected to accelerate the reconstruction efforts amid ongoing conflicts and foster international cooperation in rebuilding critical infrastructure.

Streamlining Construction Processes for Foreign Companies

The Ukrainian government has amended the existing regulations to allow foreign companies and organizations operating in Ukraine through separate divisions and permanent representative offices to engage in construction activities related to medium (СС2) and significant (СС3) class objects. This change is part of the Cabinet of Ministers' Resolution No. 314, dated March 13, 2022.

Key Highlights of the New Regulation:

  1. Declaration-Based Approval: Foreign companies can now submit a declaration of economic activity instead of undergoing the lengthy licensing process. This declaration can be submitted via the Diya Portal or through administrative service centers (TsNAP).

  2. Simplified Documentation: The Ministry of Digitization will facilitate the process by gathering necessary information from the State Statistics Service and the DPS, streamlining the data verification process for foreign entities.

  3. Focus on Strategic Projects: The regulation primarily targets projects such as checkpoints on the Ukrainian-Polish border, supporting the implementation of international agreements like the 2015 Ukraine-Poland loan agreement.

  4. Temporary Measure: This initiative is in effect during the martial law period, allowing for rapid deployment of construction projects crucial for national recovery.

Understanding the Impact on Construction Classes

The regulation addresses construction projects categorized under medium (СС2) and significant (СС3) consequences, defined by their potential risk and impact on public safety, economic stability, and environmental protection.

Classifications of Construction Projects:

  • Minor Consequences (SS1): Projects with minimal risk, typically involving small-scale residential and commercial developments.

  • Medium Consequences (SS2): Includes larger residential, commercial, and public buildings with moderate risk factors, often requiring enhanced safety measures.

  • Significant Consequences (SS3): Encompasses critical infrastructure such as nuclear facilities, large-scale industrial plants, major transportation hubs, and public venues with high occupancy.

Specific Examples of SS3 Projects:

  • Industrial Complexes: Facilities in oil, gas, chemical, and nuclear sectors with high-risk factors.

  • Public Infrastructure: Bridges, tunnels, major transportation stations, and power plants.

  • Cultural and Historical Sites: Museums, archives, and repositories of national importance.

  • Public Venues: Stadiums, theaters, hospitals, and educational institutions with large public gatherings.

Enhancing Foreign Investment Opportunities

The Ukrainian government's decision to ease construction licensing requirements for foreign companies is a strategic move to attract international expertise and investment. By removing bureaucratic barriers, Ukraine aims to expedite the rebuilding of essential infrastructure, which has been severely impacted by ongoing conflicts.

Benefits for Foreign Companies:

  • Reduced Bureaucracy: Simplified processes and reduced paperwork enable quicker project initiation and execution.

  • Strategic Collaboration: Opportunities to engage in significant projects, contributing to Ukraine's recovery and development.

  • Market Expansion: Access to new markets and potential partnerships with local businesses and government agencies.

Conclusion

Ukraine's decision to allow foreign businesses to operate without traditional construction licenses marks a pivotal step towards rebuilding the nation's infrastructure. By leveraging international expertise and resources, Ukraine can enhance its resilience and expedite the restoration of vital services and facilities.

This regulatory change not only facilitates immediate reconstruction efforts but also sets the stage for long-term partnerships and sustainable development, reinforcing Ukraine's commitment to growth and recovery amid challenging times.

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