INVESTOR ROADMAP

We have collected and systematized the information necessary for investment in Ukraine and the Odesa region. Here you will find links to the laws and resources of the first source.

The Law of Ukraine “About state registration of legal persons, physical persons-entrepreneurs and public formations” (ukranian)

If the investment activity involves business activities, as well as the creation of new enterprises or acquisition of existing enterprises, such business units are subject to state registration as a legal entity or individual entrepreneur (FLP).

The procedure for business registration in Ukraine includes the following steps:

  1. State registration at an administrative services center or online in App Dia. Business – for FLP and for legal entities.
  2. Inclusion in the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Formations (USREOU)
  3. Registration with the Pension Fund of Ukraine
  4. Registration with the State Fiscal Service of Ukraine

Foreign economic entities that conduct foreign economic activity on the territory of Ukraine may open their representative offices on the territory of Ukraine. Accreditation of branches and representative offices of foreign banks is provided by the National Bank of Ukraine according to the Law of Ukraine “On Banks and Banking Activity”.

Registration of representative offices of other foreign business entities is provided by the central executive authority – Ministry of Economy, Trade and Agriculture of Ukraine, during 60 working days from the date of provision of documents for registration by the foreign business entity.

Information on registration of representative offices of foreign business entities is available here.

The Law of Ukraine “About payment systems and transfer of funds in Ukraine”

Banks are allowed to open deposit accounts, current accounts, escrow accounts and correspondent accounts for their clients.

Opening of a current account of a business entity, non-resident legal entity, representative office of a non-resident legal entity in Ukraine, which does not have accounts in this bank, shall be performed in accordance with the procedure determined by the Instruction on procedure of opening and closing bank customer accounts and correspondent accounts of resident and non-resident banks.

The Law of Ukraine “About Accession of Ukraine to the Convention Abolishing the Requirement of Legalization of Foreign Official Documents”

For many procedures, an investor will be required to submit certain documents (e.g. a passport document or articles of association of a company, if the investor is a legal entity) issued in the investor’s country of origin and therefore in a foreign language.

Official documents to be used in the territory of the Convention states parties must be authenticated by a special “Apostille” stamp affixed by the competent authority of the state where the document was issued. Documents that are certified in this way do not need additional legalization in Ukraine and the states that signed the Hague Convention.

They are referred to:

  1. Documents issued by authorities or official person in the field of judicial jurisdiction of the state, including documents issued by the prosecutor’s office, court secretary or bailiff.
  2. Administrative documents.
  3. Notarial acts.
  4. Official certificates performed on documents that are signed by persons in their private capacity, such as notes on the registration of a document or fact, that prove its existence on a particular date, and official and notarized certifications of signatures.

However, the Convention does not apply to:

  1. Documents issued by diplomatic or consular agents.
  2. Administrative documents directly related to commercial or customs operations.

The Ukraine Law “About licensing of economic activities”

The Ukraine Law “About state regulation of production and turnover of ethyl alcohol, cognac and fruit, alcoholic beverages, tobacco products and fuel”.

Licensing is a means of state regulation of production of economic activities aimed at ensuring security and protection of economic and social interests of the state, society, rights and legitimate interests, human life and health, environmental security and environmental protection. The full list of economic activities subject to licensing can be found in the version below.

Production of the enterprises with foreign investments is not subject to licensing and quoting on condition of its certification as production of own manufacture in an order established by the Cabinet of Ukraine (part 2 of article 19 of the Law of Ukraine “About a mode of foreign investments”).

Land Code of Ukraine

The Ukraine Law “About Land Lease”

The subjects of land relations are citizens, legal entities, local self-government bodies and public authorities.

Citizens of Ukraine acquire the right of ownership of land plots on the basis of:

  • purchase by contract of sale, donation, exchange, etc.

  • civil law contracts;

  • gratuitous transfer from the lands of state and municipal property;

  • privatization of land areas previously provided for their use;

  • inheritance;

  • allocation in nature (on the ground) of an appropriate land share (unit of shares) to them.

Foreigners and stateless persons may acquire the right of ownership of land plots in case:

  • acquisition by contract of purchase and sale, donation, exchange, others
    to civil law contracts;
  • buying out land areas on which immovable property objects owned by them are located under the ownership right;
  • inheritance.

Land plots may be rented by the citizens and legal entities of Ukraine, foreigners and stateless persons, foreign legal entities, international associations and organizations, and foreign states.

The term of the land rental may not exceed 50 years.

Land areas of state or municipal property or rights to them ( rent, superficies, emphyteusis), including those with immovable objects of state or municipal property located on them, shall be sold in separate lots on competitive terms (land auction).

In 2020 the President of Ukraine signed the Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine regarding the terms of turnover of agricultural land (No. 2178-10)”.

  • The land market is scheduled to open on July 1, 2021.

    Basic provisions of the adopted law:

  • until January 1, 2024, only Ukrainian residents can buy land;
  • admission of foreigners to purchase land on the territory of Ukraine will be possible only after the adoption of the relevant decision at a national referendum;
  • agricultural land of state and municipal property will not be sold;
  • sale of land in one hands in the first two years after the launch of land reform is limited to an area of 100 hectares;
  • from 1 January 2024 will allow Ukrainian legal entities to buy land in concentration not exceeding 10 thousand hectares;
  • payment for the purchase of land will be made only in non-cash form;
  • banks may be owners of land plots within the limits of collateral recovery, such land plots should be alienated in auctions within two years;
  • legal entities whose participants are citizens of the aggressor state, sanctioned individuals are prohibited to purchase land even if a referendum is held;
  • it is prohibited for foreign citizens to purchase land plots in the 50km zone from the state border of Ukraine, regardless of the decision of the referendum;
  • the price of sale of agricultural plots cannot be lower than their normative monetary value, such norm will be valid until January 1, 2030.

Labour Code of Ukraine

Law of Ukraine “About Wages”

The Law of Ukraine “About Vacations”

The Law of Ukraine “About Labor Protection”

Ukrainian legislation allows individuals to be employed from the age of 16 with the consent of one of their parents or a person in loco parentis. The employee’s attainment of retirement age is not the basis for termination of the employment contract.

The legislation (as a rule, the Act on the State Budget for the year in question) sets the minimum wage and the hourly rate (volume of work). The minimum wage does not include supplements, supplements, incentives and compensation payments.

The minimum wage is set for 2020 as follows:

  • in monthly terms: from 1 January, 2020 – 4,723 UAH
  • in hourly amount: from January 1, 2020 – 28.31 UAH

Labor relations of foreign citizens working at enterprises, institutions, organizations of Ukraine are regulated in accordance with the Law of Ukraine “About International Private Law”.

Single social payment for obligatory state social insurance (hereinafter – “SSP”) – consolidated obligatory insurance premium, collection of which is made to the system of obligatory state social insurance.

The payers of the single social payment are employers, individual entrepreneurs, farm members and others.

The amount of the single contribution is 22% of wages (Law of Ukraine “About the collection and accounting of the single social payment for obligatory state social insurance”).

Tax Code of Ukraine

The Ukrainian tax system includes:

  • Direct taxes, the amount depends on financial performance (profit or income). They include corporate income tax, personal income tax of entrepreneurs and uniform tax.
  • Indirect taxes, their size depends on the volume of production and sale of goods or services. To them the value added tax (VAT) and the excise tax concern.
  • Local taxes: tourist tax, parking fee etc.

The amount of basic taxes:

  • income tax – 18%
  • single social payment (SSP) – 22% of net income, but not less than 22% of minimum wage
  • military fee – 1.5% of net profit
  • value added tax (VAT) – 20%
  • uniform tax for individual entrepreneur of group 1 – 10% of subsistence minimum
  • uniform tax for individual entrepreneur of group 2 – 20% of minimum wages
  • uniform tax for individual entrepreneur of group 3 – 5% without VAT (or 3% + VAT) of income

Minimum wages:

  • per month: from 1 January, 2020 — 4173 UAH

Subsistence minimum:

  • from 1 January, 2020 — 1921 UAH

Law of Ukraine “About investment activity”

Law of Ukraine “About the regime of foreign investment”

Regulation on the procedure for state registration of agreements (contracts) on joint investment activity with participation of a foreign investor

Foreign investments can be made in the following forms:

  • share participation in the enterprises created jointly with Ukrainian legal entities and individuals, or purchase of shares of operating enterprises;
  • creation of enterprises fully owned by foreign investors, branches and other separate subdivisions of foreign legal entities or purchase into ownership of operating enterprises fully;
  • purchase of immovable or movable property not prohibited by the laws of Ukraine, including houses, apartments, premises, equipment, vehicles and other property by direct receipt of property and property complexes or in the form of shares, bonds and other securities;
  • obtaining, alone or with the participation of Ukrainian legal entities or individuals, the rights to use land and use natural resources on the territory of Ukraine;
  • purchase of other property rights;
    economic (entrepreneurial) activity based on production sharing agreements;
  • in other forms, not prohibited by the laws of Ukraine, including without formation of a legal entity on the basis of agreements with economic entities of Ukraine.

The Law of Ukraine “About preparation and implementation of investment projects on the principle of “single window” allows the applicant to apply to the authorized body at its location with the application and prepared a package of documents on of an investment project.

The application may be submitted at such stages of preparation of the investment project for implementation:

  • investment idea;
    investment proposal;
    the investment project (if the documents entitling to its implementation are missing, executed partially or in full).

The Law of Ukraine “About Public-Private Partnership” determines the legal, economic and organizational basis for the implementation of public-private partnership in Ukraine. The attributes of public-private partnership include:

  • establishment and/or building (new building, reconstruction, restoration, major overhaul and technical re-equipment) of the PPP object and / or management (use, operation, maintenance) of such an object; period of the relationship (from 5 to 50 years);
  • transfer to a private partner of some of the risks in the PPP process;
  • the private partner’s investment in the PPP facility.

Law of Ukraine “About Industrial Parks” defines legal and organizational basis for creation and functioning of industrial parks in Ukraine.

The Law of Ukraine “About Stimulation of Investment Activity in Priority Branches of Economy for the Purpose of Creation of New Jobs” defines the basis of the state policy in the investment sphere during 2013-2032 on stimulation of attraction of investments into priority branches of economy.

Kyiv, 12/2, Hrushevsky St., office 148.

E-mail: info@ukraineinvest.com

Phone: +38 044 256 78 32

Odesa, 4A, Topolsky St., office 126.

E-mail: odessa@eba.com.ua

Phone: +38 048 737 38 83

Head – Morozova Ekateryna

Odesa, 47, Bazarnaya St.

E-mail: orcci@orcci.odessa.ua

Phone: +38 048 734 24 October

President – Sergey Shuvalov

Odesa Regional Office of U-LEAD Programme with Europe

Odesa, 72, Kanatnaya St.

E-mail: lead.odessa@gmail.com

Phone: +38 067 701 68 57