In order to start up any business activity, the company needs to settle a number of organizational problems: to get registered, obtain necessary certificates, permits for business start-up, licenses, patents etc. The number of documents required depends on a large scale upon the type of activity the company is going to be engaged.

Before the start-up of the company’s activity, a trade patent, license (if required) and a start-up permit shall be obtained.

Permits are one of the biggest hindrances for the business development in Ukraine. The system of permits issuance at its current stage does not perform its function. Businessmen are constantly facing the ambiguous, unsettled and controversial requirements and regulations, that create possibilities for officials to pass ungrounded resolutions and obtain informal payments.

Let us consider several basic permits for business start-up required to start a company’s activity:

Permit for the Trade Object Placement

The written permit for the trade object placement shall be issued by the local body of the state executive authority (body of local self-administration) and shall be approved by the bodies of the state sanitary-hygienic control, fire-fighting service, state road police and architecture (par. 16 of the Rules for operation in the small retail trade network, approved by the Decree of the Ministry of Foreign Economic Relations and Trade of Ukraine dated 08.07.96, № 369 (Hereinafter — Rules № 369)). The original permit for the Trade object placement at the designated location shall be kept directly within the trade point and is to be presented upon request to the officials of the state control and inspection authorities and internal affairs authorities.

The article 17 of the Decree by the Cabinet of Ministers of Ukraine «On local taxes and charges» dated 20.05.93 № 56-93 (hereinafter — Decree № 56) determines that the legal entities and individuals selling agricultural, industrial products and other goods, depending upon the area of the trade point, its territorial location and type of products shall pay a fee for issuance of a permit for the trade object location. The maximum amount of such fee for issuance of a permit for the trade object location shall not exceed:

- twenty non-taxable minimal incomes of individuals — for those carrying out trade activity continuously at the places specially designated for trading;

- one non-taxable minimal income of individuals per day — for one-time trade.

For those carrying out trade activity continuously at the places specially designated for it (permanent objects), the fee for for issuance of a permit for the trade object location.is collected once (art. 17 of the Decree № 56).

It should be mentioned that according to the art. 6 of the Decree of the President of Ukraine “On Simplified System of Taxation, Accounting and Reporting for Small Business Entities” dated 03.07.98 № 727/98 (hereinafter — Decree № 727) the single tax payers are exempt from payment of the fee for issuance of a permit for the trade object location. Though, they must obtain such permit for the trade object location, because the Rules № 369 do not determine any other regulations for them. The State Committee on Issues of Enterprises is of the same opinion in its letter dated 19.10.2004, № 7197.

Permit from the Fire-fighting Inspection Bodies

Before the trading point is opened, its owner should obtain the permit from the State Fire-fighting bodies. Such requirements are determined by the Fire Safety Rules in Ukraine, approved by the Decree of the Ministry of Emergency Situations of Ukraine dated 19.10.2004 № 126 (hereinafter — the Rules № 126).

“The start-up of operations of the newly created enterprise, bringing into operation new, renovated industrial, residential and other objects, introduction of new technologies, transfer to production of the samples of new inflammable machines, mechanisms, equipment and production, lease of any premises without prior permit from the State Fire-fighting inspection are prohibited»(par. 2.8of the Rules № 126).

The issuance of the permit by the State Fire-fighting inspection bodies shall be carried out in accordance with the Procedure of issuance by the State Fire-fighting inspection bodies of permits for the start-up of the enterprises and lease of premises determined by the Decree of the Cabinet of Ministers of Ukraine dated 14.02.2001, № 150 (hereinafter — the Procedure № 150). According to the par. 2 of the Procedure № 150 such permit shall be issued free of charge by central, territorial and local bodies of the State Fire-fighting Inspection.

To obtain the permit from the State Fire-fighting Inspection body one shall submit the following documents (par. 3 of the Procedure № 150):

- Application as per form outlined in the Addendum 1 to the Procedure № 150;

- data of assessment (expertise) of the fire-fighting condition of the company, object or premises;

- duly certified copy of the property certificate or copy of the lease agreement.

Permit by the Sanitary-Epidemiological Committee bodies

According to the requirements of the article 15 of the Law of Ukraine «On insuring the sanitary and epidemiological well-being of the population» dated 24.02.94, № 4004-XII, putting into operation new and renovated objects of industrial, social and cultural and other purpose, shall be approved by the State Sanitary-Epidemiological Committee.

If the enterprise plans to open for operation a trading object dealing with food, according to the par. 6 chapter 2 of the Sanitary Regulations for the enterprises trading food staffs, approved by the Chief Sanitary Doctor of the USSR dated 16.04.91,. № 5781-91 (which remain valid until now) (hereinafter — Sanitary Regulations № 5781), the choice of the land plot for construction, source of water-supply, sewerage systems and discharge of waste waters of the food trading enterprise shall be agreed with the Sanitary-Epidemiological Committee bodies.

Our contacts:
Taras Bachynskyy
Telephones:
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Appeal against the resolutions of regulatory bodies — appeal by the tax-payer against the tax notification — resolution on evaluation of amounts of tax-payer’s monetary obligations or against any resolution of regulatory bodies according to the procedure and within the terms determined by this Tax Code and procedures for administrative appeal, or in court process. Thus, two options of appeal against the notification-resolution are possible: in administrative process (that is to say, to the tax inspection itself) or via the court process.

The Procedure of Administrative Appeal against the Resolution of the Tax Inspection

According to the Art. 56 of the Tax Code of Ukraine (hereinafter – TCU) tax-payer shall submit a complaint to tax bodies in written form (and if necessary — accompanied by the duly certified copies of the documents, calculations and proofs, which the tax-payer believes necessary to enclose) within 10 calendar days, following the day of reception by the tax-payer of a tax notification-resolution or other resolution by regulatory body, which is being appealed. If the complaint remains without satisfaction or is satisfied in part, the tax-payer has the right within the following 10 calendar days from the day when the resolution on the examination of the complaint has been received, to submit another complaint to the State Tax Administration of Ukraine.

At the same time with the submission of the complaint to the higher tax body the tax-payer must inform the State Tax Inspection that has passed the resolution being appealed, about its appeal.

After the submission of the written appeal against the tax notification-resolution, the tax body of the higher level is obliged to examine the tax-payer’s complaint and to send to his address a motivated resolution within 20 calendar days following the reception of the complaint. The resulting resolution shall be sent by the tax body of the higher level to the tax-payer by mail with notification on delivery or issues against receipt.

Earlier, before the adoption of the TCU, the tax-payer had the right to submit a complaint on re-examination of the resolution to the tax inspection, which passed this tax notification-resolution and in case the complaint were not satisfied — to the inspection of the higher level. Presently, according to the TCU, one shall proceed directly to the higher level body — for tax inspections passing notifications-resolutions such bodies are — the state tax administrations in Autonomous Republic of Crimea (ARC), in regions, in cities Kiev and Sevastopol, the higher body for which in its turn is the State tax administration of Ukraine (in Kiev). To our mind, such amendments to the procedure of appeal of resolutions by tax bodies is positive because submission of a complaint to the same body (tax inspection of the same level), that passed such resolution is not quite logical.

If the tax-payer fails to render to the officials of the State Tax Service body the documents confirming rates described by such tax-payer in the tax reports, until the end of inspection or within three business days from the day of reception of the Act on inspection (irregardless of the reasons of such failure to render them, with the exception of cases when such documents have been seized by law enforcement bodies), it shall be considered that the tax-payer didn’t possess such documents at the moment of drawing up such reportsі. This means that the documents not submitted by the tax-payer at the time of inspection, shall not be taken into consideration during examination of the complaint against the resolution passed by the tax body. In fact, one may appeal only the interpretation by the tax body of such documents and the accuracy of use of the tax legislation.

If the resolution resulting from the complaint examination is not sent to the tax-payer within 20 days or within the prolonged term, such complaint shall be considered satisfied in full in tax-payer’s favour starting from the day following the last day of the above-mentioned periods.

The appeal submitted within the above-mentioned period of ten days stops payments by the tax-payer of the fiscal obligations determined in the tax notification-resolution for the term, which starts from the day of submission of such appeal to the regulatory body until the day of completion of the administrative appeal procedure. During this period tax demands being appealed shall not be sent and the amount of fiscal obligation shall be considered as not approved.

Court Appeal against the Resolution of the Tax Inspection

The art. 56.18 of the TCU determines that taking into account the limitation period described in the art. 102 of the TCU, tax-payer has the right to appeal in court a tax notification-resolution or other resolution by the regulatory body on charging a fiscal obligation at any time as soon as such resolution is received. As understood from the art. 102 of the TCU, tax-payer may submit to the court a claim on illegitimacy of the tax notification-resolution within 1095 days from the moment when such resolution is received. In cases when the tax-payer has proceeded to the procedure of administrative appeal before the submission to the court, the term shall be prolonged at the term that has passed in fact from the date of submission by the tax-payer a complaint to the tax body until the date when such tax-payer received the final resolution of the State Tax Administration of Ukraine passed as a result of examination of such complaint (including such date). Upon submission by the tax-payer to the court of a claim on recognition as invalid of the regulatory body’s resolution, fiscal obligation shall be considered as not-approved until the date when the court resolution would enter into its legal force.

The TCU determines that as soon as the procedure of administrative appeal has completed, the fiscal obligation shall be considered as approved and is subject to payments to the the state budget by the tax-payer within the following 10 days. If the fiscal obligations has not be paid within 10 days, it shall be considered as fiscal debt and a fine shall be accrued on it. The fiscal debt may be collected by the tax body in forced way. On the other hand, the tax-payer has the right to submit to the court a claim on recognition as invalid the tax notification-resolution within 1095 days following after the date of completion of the administrative appeal procedure. For the period of court examination the fiscal obligation is considered as not-approved until the date when the court resolution enters into its legal force. Thus, as we see, to avoid a fiscal debt it is appropriate for the tax-payer to submit to the administrative court a respective claim within 10 days from the completion of the administrative appeal procedure.

But we see that the TCU determines different terms for court appeal against tax bodies’ resolutions – 2 months and 1095 days. Judging from the court practice and basing on the Letter of the Supreme Administrative Court of Ukraine — dated 10.02.2011 No. 203/11/13-11, courts shall be governed by the art. 56.21 of the TCU: in cases when a regulation of the Tax Code or other regulatory legal act issued on the ground of the Tax Code, or regulations of different laws or different regulatory legal acts allow for ambiguous (multiple) interpretation of the rights and obligations of tax-payers or regulatory bodies resulting in possibility to pass a resolution in favour of a tax-payer and in favour of a regulatory body as well, the resolution shall be passed in favour of tax-payer.

Shall a tax-payer submit a respective claim to the court before the administrative appeal procedure start or during this procedure, the tax notification-resolution shall not be subject to administrative appeal and the procedure of administrative appeal that has already begun shall be stopped.

So, it’s possible to go through all procedures of appeal (including tax one), and after this to proceed to court, and it is also possible to appeal against the notification-resolution directly to the court by-passing all other options.

Our contacts:
Taras Bachynskyy
Telephones:
Kyivstar +380972184275
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As soon as virtually all civil legal relations have property nature, any party of economic activity or even a simple person sooner or later will have to face the procedure of debt collection. The effectiveness of debt collection depends on its timeliness and correctness of choice of influence the debtor. A debt may be contractual and extra-contractual as well. Upon occurrence of debt from the extra-contractual obligations, the algorithm of actions for its collection will be the same as in case of debt collection occurring from the obligations on agreement with the peculiarities concerning the issue of the documents confirming that the debt exists. The contractual debt occurs as a result of non-performance of the contractual obligations by one of the parties, which ends in occurrence of indebtedness. Indebtedness may occur between legal entities and individuals, from the legal relations governed by the family, labour legislation and in other legal domains. The performance of obligation (i.e. debt payment) is possible in two forms — voluntarily and forcibly. In practice, cases of voluntary payment are extremely rare because usually the debtor does not have any incentive for performance of his obligation. But prompt reaction may take a debtor unawares and would demonstrate the seriousness of the creditor’s intents as for the debt collection.

The written claim as a means of debt collection

They believe at many companies-debtors that if a creditor does not react on delay in payments by the debtor for several months, that means that they may leave the debt unpaid, for the creditor could have forgotten about the delayed obligations or decided not to spend time and money for debt collection.

To remind the debtor about the existence of indebtedness and propose to perform his obligations on payment of the delayed obligations voluntarily, you should send him a written claim performed in free form according to the requirements determined by the Law or by the Agreement. The procedure of drawing up a claim is determined by the art. 6 of the Economic Procedure Code of Ukraine (hereinafter — EPCU): full name and postal address of the debt collector and the company to which the claim is being addressed; date of address and reference number of the claim; circumstances on which the claim is based; proofs confirming such circumstances; references to the respective regulations; demands of the debt collector (it is very important that the text of the claim has the list of specific violations committed by the debtor with references to the conditions of the Agreement and regulations of Law, on which the demands, clearly formulated in the specific amount, are based; the amount of the claim and its calculation if the claim is subject to the monetary evaluation; payment data of the creditor (the claim shall contain the calculation of demands, also, the negative for the debtor consequences shall be described in the claim. Thus, as soon as the debtor receives the claim he would understand what is he going to face in case he fails to meet the requirements set therein); the list of the documents attached to the claim as well as other proofs.

All documents confirming the demands of the debtor shall be attached in originals or in duly certified copies.

According to the art. 7 of EPCU, the claim on debt payment shall be examined within one month calculated from the day of its reception. The letter with the claim on debt payment shall be ideally sent by recommended mail with notification upon delivery and description of enclosures.

Sending a claim with the purpose of debt collection has a big importance: even if the debtor would not pay the amount of the indebtedness, only the fact of sending a claim to him may help the creditor later to prove at the court the existence of such debt, because the replies of the debtor to the claims may consist formulations evidencing that he acknowledges the fact of indebtedness, the fact of due performance of the obligations on the Agreement by the claimant or other circumstances which are important for examination of the case in the court trial.

As soon as the claim has been sent and you have every reason to believe that the debtor has read it but still does not perform his obligations within the set period, it is necessary to start preparation of the bill of complaint on debt payment to the court.

The bill of complaint shall be submitted to Economic Court in case the disputes between legal entities, individual entrepreneurs arise. Within the competence of courts of general jurisdiction lay cases on debt collection arising from family, civil and labour legal relations if at least one party thereto is an individual.

Agreements often determine certain measures on ensuring performance of obligations such as forfeit (fine or penalty) (art. 546 of the Civil Code of Ukraine, CCU). If the object of the forfeit is an amount of money, the amount of forefeit shall be determined by the Agreement or a regulation of the civil legislation in force (part 2 art. 551 CCU). Shall the forfeit determined for payment fail to be equivalent to the consequences of violation of obligations or shall other circumstances having substantial significance exist, court, having in consideration the rulings of the part 3 of the above-mentioned regulation of the CCU, has the right to decrease it. Thus, the amount of forfeit may not exceed the amount of the debt itself. We also should pay attention to the fact that according to the par. 6 art. 232 of the Economic Code of Ukraine “charging fines and penalties for delayed performance of obligations, if other not determined by the Law or the Agreement, shall stop in six months after the day when the obligation should have been performed”. So, it is impossible to charge forfeits for more than 6 months from the day when the obligation should have been performed. One should also remember that a special term of limitation of action is determined for fines and penalties (with the exception of the primary amount of debt) – 1 year.

Forcible performance (debt collection itself)

Shall all claims of the plaintiff be proved by documents and the defendant fail to render any objection per se, or shall he render such objections but the court fail to accept them, the resolution on debt colection will be passed. The next step shall be the executive proceedings on the case on debt collection according to the Law on Executive proceedings.

As soon as the resolution by the court has entered into its legal force, the court shall issue an execution letter or, upon request by the debt collector, send it for execution to the competent state executive office.

One shall send (by valuable mail with the description of enclosures and notification on delivery) or submit personally to the state executor the execution letter and the application requesting to initiate executive proceedings against the debtor. After this an officer shall issue an order on initiation of state executive proceedings, such order determining also the period for voluntary fulfilment of the demands by the debtor.

It should be also mentioned that such option of dispute settlement between the parties as with the help of amicable agreement is available on all stages of the court process on debt collection.

Court practice of debt collection

The court practice on examination of cases on debt collection is positive in most of cases. It is not so difficult to secure recognition of the debt by the debtor in court proceedings upon sufficient proof base on the plaintiff’s part. The main difficulties appear during the procedure of collection with the help of the executive office, but no need to give way to despair in this case. Taking into consideration the economic conditions of the debtor, various options of debt payment are possible during the procedure of debt collection (for example, the resolution by the SECU dated 01.10.08 on case № 9/450-06 on possibility to pay out the indebtedness by deferred payment, by equal monthly payments, as well as the resolution by the SECU dated 07.10 .09 on case № 4-29/368-07-8844, dated 25.04.10 on case № 2-11/1203-2009). The options of restructuring of the debt and the amicable agreement are possible.

Concluding, we’d like to mention that debt collection bears quite complicated and time-consuming character but the participation of qualified specialist in it allows of achievement of positive result.

Our contacts:
Taras Bachynskyy
Telephones:
Kyivstar +380972184275
UMC +380504317084

According to the art. 34 of the Law № 3038 and par. 2 of the Procedure of implementation of construction works (approved by the Decree of the Cabinet of Ministers of Ukraine dated April 13, 2011,. N 466) three permissive documents for implementation of construction works exist:

• notification about start-up of implementation of construction works which is to be sent by the customer to the State architectural and construction inspection at the location of the construction object — in case of objects the construction of which shall be implemented on the ground of construction passport;

• declaration, which shall be registered by the respective inspection – in case of construction objects belonging to the I – III complexity class;

• permit for construction works implementation which shall be issued to the customer by the State architectural and construction inspection – in case of construction objects belonging to the IV and V complexity class.

The above-listed documents give the right of implementation of construction works and remain valid until the construction is completed, upon provision that the document confirming the property right or management right for the land plot, or a superficies agreement, exists.

As for the complexity classification, we shall state that according to the art.. 32 of the Law № 3038 all construction objects according to the complexity of their architectural and constructional solutions and/or engineering equipment shall be classified on I, II, III, IV і V complexity classes determined according to the State construction inspection and standards inherent to the class to which the construction object corresponds.

Classification of a construction object shall be done by the designing organization and the organization ordering construction, with the exception of the IV and V complexity classes the procedure of classification to which shall be determined by the Cabinet of Ministers.

Notification about start-up of implementation of construction works

According to the par. 6 of the Procedure of implementation of construction works (approved by the Decree № 466) such Notification performed in the format outlined in the Addendum 1 thereto, shall be sent by the organization ordering construction to the State architectural and construction inspection at the location of the construction object not later than 1 calendar day before the start of construction works implementation in case of objects, the ground for construction of which is the construction passport.

The Rulings of the Part 1 art. 27 of the Law № 3038 determine that the development of farm, horticultural and cottage land plots may be implemented on the ground of a construction passport for development of a land plot (hereinafter — construction passport).

The construction passport determines the complex of municipal-constructional and architectural requirements to location and construction of an individual (cottage) dwelling house, farm, horticultural housing not higher than 2-stored one (without consideration of an attic floor) with total area of up to 300 sq.meters of buildings, including buildings for farm works, garages, with the elements of equipment with services and utilities and planting of greenery on the land plot.

The construction passport consists of text and graphic materials. If the plan of zoning of the territory exists, the construction passport shall be elaborated on its basis.

This is why the construction of the above-mentioned objects does not require registration of a declaration or obtaining a permit for construction of the objects determined by the List of objects the construction of which shall be implemented after the Notification about the start-up of the construction works implementation is sent.

The list of objects the construction of which shall be implemented after the notification about start-up of construction works implementation is sent

The list of construction works the implementation of which does not require any permit for implementation of construction works (approved by the Decree № 1104), has been substituted by the list of objects the construction of which shall be implemented after the notification about start-up of construction works implementation is submitted. The difference between these lists lies not only in their naming but also in the number of listings at 34 entries (the former list containing 36 entries has been shortened to 2 entries).

So, the objects requiring only submission of a notification about start-up of construction works for the implementation of their construction are as follows:

• individual (horticultural) dwelling house, farm house, cottage not higher than two floors (without consideration of an attic floor) with total area up to 300 sq. m;

• buildings necessary for farm works, particularly garages, situated on farm, horticultural and cottage land plots.

Shall we draw an analogy between these objects, there has been the following works as regards the objects of dwelling-social purpose listed in the List of construction works the implementation of which does not require any permit for construction implementation:

• re-planning of apartments at multi-apartment dwelling houses, rooms in hostels, objects of social purpose, as well as buildings for preliminary imprisonment facilities and facilities for execution of sentences provided the preservation of the supporting frames and non-exceeding allowed loads onto ceilings, walls and foundation and subject to compliance to the architectural and design requirements in force, the National Construction Rules and local construction regulations;

• renovation, reinforcement or improvement of certain constructions and buildings, in particular those being in emergency conditions, without change of their functional purpose and architectural shape;

• installation of equipment for independent accounting of electric power supply, hot and cold water supply;

• implementation of works on arrangement of means for free access by the persons with special needs to the facilities of dwelling and social purpose;

• implementation of works on construction of private dwelling houses of farm type, horticultural and cottage houses, accessory buildings thereto with total area up to 500 sq. m, buildings necessary for farm works, sheds, as well as link-up of private dwelling houses of farm type, horticultural and cottage houses and accessory buildings thereto, buildings necessary for farm works and sheds to gas supply networks of low pressure and to other engineering networks;

• installation on farm land plots temporary objects (coverings, tents, booths, sheds, summer shower cabins, greenhouses etc.);

• re-installation of equipment within the building;

• arrangement or closing of door or window openings;

• enlargement of inhabited or accessory area by the way of break-up of partitions, storerooms, stoves, fire-places, shop-windows, glazing of balconies and loggia.

Registration of declaration

The declaration is accepted at permissive centre but is registered by the inspection at the location of the object on a free-of-charge basis.

According to par. 9 of the Procedure of implementation of construction works (approved by the Decree № 466), two originals of the declaration shall be filled in by the entity ordering construction (or its authorized representative) and submitted personally or sent by recommended mail with detailed description of what is attached, to the inspection. This declaration shall have the same information regarding the start of preliminary works, as in the registered declaration. The entity ordering construction is liable according to the Law for completeness and accuracy of data entered in the submitted declaration.

In case the declaration has been submitted to the permissive center, the latter shall pass it not later than the following business day to the inspection, which shall check the completeness of data entered to the declaration and register it within 5 business days from the moment the declaration has arrived. Following its registration, one original of the declaration shall be returned to the entity ordering construction and the other remain with the inspection it registered.

Implementation of construction works on the objects belonging to the I – III complexity classes, linking-up the object to engineering networks and buildings are prohibited without prior registration of declaration. The entity ordering construction is liable according to the Law for implementation of construction works without registered declaration.

Permit for implementation of construction works

According to the par. 17 of the Procedure of implementation of construction works (approved by the Decree № 466), the permit for implementation of construction works is issued on a free-of-charge basis by inspection at the area of location of the object, and in case of the object located on the territory of several administrative-territorial units — by the National Construction Inspection in the form outlined in the Addendum 4 to this Procedure.

Earlier, the application to the National Construction Inspection for obtaining a permit for implementation of construction works had to be submitted by both the entity ordering construction works and contractor or its authorized representative (par. 4 of the Procedure № 1104), while today such application for obtaining a permit in the form outlined in the Addendum 5 may be submitted personally or sent by recommended mail with detailed description of what is attached, to the inspection responsible for the area of location of the object by the entity ordering construction (its authorized representative) (par. 18 of the new Procedure).

The set of the documents attached to the application changed respectively. Here is the list of the documents that must be attached to the application for obtaining a permit for implementation of construction works (par. 18 of the Procedure of implementation of construction works (approved by the Decree № 466 )):

• a copy of the document confirming property right or management right or copy of superficies agreement;

• design documentation for construction works worked out and approved in order determined by the Law;

• copies of documents appointing persons which carry out designer’s and technical supervision;

• copies of qualification certificates certified in due order (shall be submitted starting from 01.06.2012 (with the exception of certificates of technical supervision engineers which shall be submitted from the date of entering into force of this Procedure));

• copy of document confirming property right for the house or building, or written consent of its owner for implementation of construction works in case of renovation, re-construction or major repairs of the object;
• copy of license permitting the implementation of construction works certified in due order (shall be submitted compulsory until 01.06.2012 р.);

• copies of documents appointing persons responsible for implementation of construction works.

According to par. 19 of the Procedure of implementation of construction works (approved by the Decree № 466), inspection shall within 10 days from the application registration day pass a resolution on granting a permit or refusal in its issuance. Earlier, the National Construction Inspection had 1 month for these procedures and examination of documents attached to the application (par. 5 of the Procedure № 1104).

The prolongation of the validity term of the permit for implementation of construction works upon request by the entity ordering construction for not longer than 1 year (par. 13 of the Procedure of implementation of construction works) is no longer determined by the new Procedure.

In case the resolution on refusal in issuance of a permit for implementation of construction works is passed, inspection shall within 10 business days from the application registration send to the applicant a letter explaining the reasons for refusal.

The par. 24 of the Procedure of implementation of construction works (approved by the Decree № 466) determines that in case of change of persons responsible for implementation of designer’s and technical supervision or responsible for implementation of construction works, the entity ordering construction shall within 3 business days from the moment of its accomplishment submit to the inspection that has issued the permit for implementation of construction works the notification on change of data in such issued permit.

The notification about the change of data in the already issued permit for implementation of construction works shall be performed in two originals one of which shall be sent to the inspection and in case of its arrival to it becomes an inalienable part of the issued permit for construction, while the other remains at the entity ordering construction.

The implementation of construction works without submission of such notification may not be continued. Re-issuance of the permit is carried out according to the procedure determined for issuance of a permit for construction. Meanwhile, during the re-registration of the permit for construction works, the notifications about change of data therein as well as construction works continue. For the permit for construction with all notifications about changes introduced to the already issued permit, shall be issued by the inspection upon request of the entity ordering construction within one month.

Any permit for implementation of construction works may be cancelled by the issuing inspection in cases described in par. 26 of the Procedure of implementation of construction works (approved by the Decree № 466), particularly, upon preventing the inspection’s officials in their attempt to carry out check-up if such preventing took place during the period of one year after imposing a fine for the above-mentioned violation.

Implementation of construction works at the construction objects referred to the complexity class IV and V without any permit for implementation of construction works or its submission for re-issuance, as well as implementation of works not mentioned in the permit for construction is considered unauthorized construction and implies liability according to the Law.

The requirements determined by the par. 30 of the Procedure of implementation of construction works (approved by the Decree № 466) and describing cases when the construction is considered unauthorized, are less at one point than earlier determined by the par. 19 of the Procedure for permit issuance for implementation of construction works, namely: without duly approved design.

Concluding, we shall point out that the requirements earlier determined by the par. 15 and 18 of the Procedure for permit issuance for implementation of construction works are absent from the art. 37 of the Law № 3038 and the Procedure of implementation of construction works (approved by the Decree № 466):

• procedure for returning and re-issuance of permit for construction works implementation in cases of suspension and re-activation of construction objects;

• cancellation of permits for implementation of construction works on resolution of the National Construction Inspection, particularly in cases of systematic violations of legislation in the domain of construction and architecture during implementation of construction works as well as in cases when within 3 months from the date of issuance of the permit for construction the works have not been started. In case of resolution on cancellation of the permit for construction, the National Construction Inspection were obliged within 10 days to inform the entity ordering construction, contractor and the executive authority body or local self-administration body about such resolution.

Our contacts:
Taras Bachynskyy
Telephones:
Kyivstar +380972184275
UMC +380504317084

The National Register of publishers, manufacturers and distributors of published matters is being kept in Ukraine according to the

Law of Ukraine «On Publishing» dated 05.06.1997, № 318/97-ВР.

Registration of a publishing company

The Law of Ukraine “On Publishing” determines that the publishing entities are subject to entry to the National Register of publishers, manufacturers and distributors of published matters in the order determined by the Cabinet of Ministers of Ukraine.

The order and procedure of entry of the publishing entities to the Register are determined by the Regulations on the Register of publishers, manufacturers and distributors of published matters approved by the above-named decree by the the Cabinet of Ministers of Ukraine dated 28.09.1998, № 1540. It determines also the registration fee for the entry of a publishing entity to the National Register in the amount of 25 non-taxable minimums of citizens’ incomes (appr. 450 UAH).

The above-mentioned Regulations are applied for publishing entities irrespective their forms of ownership and organization and legal forms, with the exception of publishers and distributors of printed mass media.

Entry of publishing entities to the Register shall be performed on the ground of application with the following annexes thereto: notary-certified copy of abstract from the Single State register; notary-certified copies of the statutory documents (Articles of Association or Rules foreseeing realization of publishing activity, manufacturing and distributing published matters; foundation agreement); supposed data on yearly amount of published or manufactured matters or distribution of published matters.

Our contacts:
Taras Bachynskyy
Telephones:
Kyivstar +380972184275
UMC +380504317084

The following peculiarities shall be marked out of the other peculiarities in licensing of Alcoholic beverages and tobacco products retail trade:

• the object for licensing is place of trade activity and not a type of economic activity;

• the procedure of issuing license for alcohol and tobacco has purely permissive nature;

• the period of validity of Alcohol license is one year;

• the fee for alcohol license which has a fiscal nature, shall be paid every three months;

• the licenses once issued, are subject to registration within the bodies of the state tax administration, and in villages — at the local self-administration bodies as well;

• carrying out the activity without license and violation of legislation in licensing domain is punished by sanctions of different nature.

The procedure of obtaining a license for alcohol (list of documents):

1. application for obtaining a license for alcohol, in which you should state:

• surname, name, patronymic, place of residence, passport number, issuing authority, date of issue — for individual person — entrepreneur;

• name, location, telephone, fax, banking information, surname, name and patronymic of the head — for legal entity;

• place of the state registration of the entity engaged in economic activity, reference number and date of the abstract about the state registration;

• the number of licenses required for retail trade;

• places for trading alcoholic beverages and tobacco products;

• the list of documents attached to the application. If, for example, you need two licenses for retail trade of alcoholic beverages and one for retail trade of tobacco products, you shall fill in one application and in the column «number of licenses» write — three. If retail trade of alcoholic beverages and tobacco products is supposed to be carried out at the same location, two licenses shall be obtained.

2. The Abstract from the state registrar;

3. a copy of the document on registration of registers of payment transactions, duly certified by the private entrepreneur’s signature or head’s signature and company’s seal respectively; in case books of records of payment transactions are used — a copy of a document on their registration;

4. Receipt of payments with wet stamp affixed by bank, and reference from the financial department about the assets’ arrival to the account.

The authority issuing licenses:

The Department on issues of excise duty administration and production and turnover control over the products liable for excise (an independent subdivision within the structure of the State tax administration).

Official fee: for retail trade of alcoholic beverages 8000 UAH for each separate, indicated in the license electronic cash-register (or book of records of payment transactions), used at the place of trade; for retail trade of tobacco products for each place of trade – 2000 UAH in cities (payments may be done every three months, i.e. Alcohol – 2000 UAH, tobacco – 500 UAH); on the territory of villages and inhabited settlements, with the exception of those located within the borderlines of cities – 500 UAH for retail trade of alcoholic beverages, for each separate, indicated in the license electronic cash-register (or book of records of payment transactions), used at the place of trade, and 250 UAH – for retail trade of tobacco products for each place of trade, per year.

The period for obtaining a license for alcohol and tobacco: the resolution on issuing or refusal to issue licenses shall be passed within 10 days from the date when an application for obtaining a license has been registered with licensing authorities. In case of refusal to issue a license, the resolution on refusal with the proper explanation of reasons shall be sent you. Such resolution may be disputed.

Our contacts:
Taras Bachynskyy
Telephones:
Kyivstar +380972184275
UMC +380504317084

VAT-payers are legal entities and individual persons-entrepreneurs who: register themselves voluntarily; are subject to compulsory registration; are engaged in import of certain scale; carry out their activity without establishment of a legal entity; property manager according to the Agreement on property management etc. Of course we’ll focus more on the first two groups.

Let us see in details when a person may obtain the VAT-payer certificate voluntarily and when it is compulsory.

Voluntary registration of a VAT-payer

Is possible only subject to the following two provisions:

1) if the person is not subject to compulsory registration and the total supplies of goods/services to other VAT-payers for the period of last 12 calendar months in aggregate is not less than 50% of the total volume of supplies;

2) the person/entity whose authorized capital or balance value of assets (fixed assets, intangible assets, stocks) exceeds 300 000 UAH, may voluntarily register itself as a VAT-payer.

In the first case the person may apply for such registration as a VAT-payer already starting from January 1, 2011 (adoption of the Tax Code), if it has been registered, e.g. on January 1, 2010 and has sold goods and services only to VAT-payers for not less than 50% from the total volume. In case of voluntary registration as a VAT-payer the Tax administration may demand a detailed description of supplies, including supplies to VAT-payers for the period of last 12 calendar months (for each month), with the purpose to determine whether the VAT-payer registration is reasonable, and to further monitor the possibility to cancel the VAT-payer registration.

In the second case you don’t need to wait one year in order to obtain a VAT-payer certificate. It’s enough to contribute to the authorized capital more than 300 thousand UAH or to own property (fixed assets) for the amount more than 300 thousand UAH. In this case the tax administration may also demand confirmation of contribution of such money assets or property (e.g. certificate from the bank on formation of the authorized capital (abstract from the bank), Articles of Association, expert evaluation (audit) of property and Acceptance and Transfer report for the property etc.).

The procedure of the voluntary registration of VAT-payer

No fee for VAT-payer registration is charged.

According to the Tax Code and the Rules on registration of Value-Added Tax-payers, voluntary registration of a VAT-payer shall be carried out in the way of submitting of the respective application to the tax authority according to the company’s location not later than 20 days before the start of the taxation period, from which the applicant shall be considered VAT-payer. For example, if one submits an application before the first day of any month, one may be considered VAT-payer starting from the next month; in case one applies after the first day of any month, one shall wait for two months. In this way we see that although the term for the VAT-payer certificate to be issued is only 10 days, it will be valid only from the following month from the date of issue.

A number of strict requirements are determined for the application for registration of a VAT-payer, namely: the application shall contain banking and address information corresponding to the information from the Single state registrar; the application shall bear the seal and signature of the company’s head; only true and complete data shall be submitted in application.

The procedure of the compulsory registration of VAT-payer

In case that the company or the individual person — entrepreneur sold (supplied) within one year goods and services for the amount exceeding 300 thousand UAH (VAT excluded), such person or entity must register itself as a VAT-payer at the tax administration responsible for the area of such entity’s location. Application for registration shall be submitted to tax administration not later than the 10th day of the calendar month following the month during which the amount of 300 thousand UAH has been reached for the first time.

The entity or the person which is subject to the compulsory registration as VAT-payer and which has not submitted to tax administration an application for registration and obtaining a VAT-payer certificate, is responsible for non-charging or non-payment of VAT in the same way as a registered payer, without the right of tax credit or compensation from the state budget.

If you require legal assistance for registration as VAT-payer (obtaining VAT-payer certificate), as well as in case of invalidation of such certificate for its renewal through court precedure, please

Contact us:
Taras Bachynskyy
Telephones:
Kyivstar +380972184275
UMC +380504317084

Affiliate

According to the Letter of the Ministry of Justice of Ukraine dated 25.06.2002, N 21-44-819, an established affiliate is not a legal entity itself. Such subdivision may manage the property that has been assigned for its needs from the main enterprise and operates on the ground of statutory and other documents of such company. The head of the established affiliate who is appointed by the enterprise — legal entity, performs his duties on the ground of respective authorization.

Here is the list of documents to be submitted by the customer to establish an affiliate:

- Articles of Association of the legal entity (its copy certified by the Seal);

- Certificate of State registration of the legal entity or Abstract from the Single state register (copy certified by the Seal);

- Certificate from the Single state registrar of enterprises and organizations of Ukraine about registration of the legal entity (copy certified by the Seal);

- Passport and Tax ID of the head of an affiliate (copy);

- Power of Attorney for representatives (we can prepare it the customer would like us to do so).

To establish an affiliate the following information is required:

- where will such affiliate be located (its legal address);

- in what areas of activity will it be operating;

- about the type and taxation system of such affiliate;

- who will be its head;

- in what banking institution will the account be opened.

Steps for establishing an affiliate:

1. preparation of statutory documents (minutes on establishment, Regulations on the affiliate, registration card no. 5);

2. registration at the executive committee of the city council;

3. registration at the department of Statistic service;

4. registration at the local subdivision of the Pension Fund of Ukraine;

5. entry for records at the tax inspection;

6. fabrication of a round seal;

7. opening of an affiliate’s account at bank.

The period required for establishing an affiliate is: 7 business days.

Upon completion of establishment of an affiliate a customer would receive:

- round seal and

- a folder containing registration documents including:

1. Minutes on establishment of an affiliate;

2. Abstract from the Single state register;

3. Regulations with a note on the state registration;

4. certificate from the Statistics department;

5. notice of registration at the local subdivision of the Pension Fund of Ukraine;

6. certificate from the Tax authority about starting records on the tax-payer (form 4-ОPP).

Tax payments by the new affiliate.

If the new affiliate is located within the same territorial community that the legal entity (main company), such new affiliate shall not be considered an independent tax-payer. In such case the main company and its new affiliate shall be considered as a single tax-payer, respectively the main company pays tax calculated on the total result of business activity of the company itself and its new affiliates.

If the new affiliates are located on the territory of another territorial community than the main company, such new affiliates may be considered independent payers of profit tax. In such case according to the Tax Code of Ukraine (hereinafter – TCU), payment of tax is possible in two ways:

1) tax payments from the affiliate and the main company separately;

2) the main company together with its affiliates choose to be transferred to payment of consolidated tax.

If the main company and its new affiliates pay profit tax independently, they shall be considered as independent tax-payers (according to par. 133.1.5 and 133.1 of the art. 133 of the TCU). In this case all provisions of the Chapter III Profit Tax of the TCU will be applied to the new affiliate as to the independent tax-payer (keeping books for receipts and expenditures, accounting depreciation costs, keeping books for growth of inventory items, making a declaration on profits etc.).

If the legal entity decides to choose a consolidated tax-payment, such payment order shall be used by all its affiliates together with the main company of this legal entity, not just some of them. The essence of the consolidated payment is that the main company pays profit tax to the budget of the territorial community of its own location and to the budgets of the territorial communities of its affiliates’ locations as well. So, in this case tax payments are carried out directly by the main company for itself and for its affiliates.

It is up to the company to decide in what way the new affiliate shall pay profit tax. But if the company wishes to pay profit tax in consolidated order, the company shall choose such payment order till July 1 of the year preceding the year when it starts tax payments in such new order. Before this deadline the company shall inform about its decision to do so tax authorities at the location of its main company as well as at the locations of all its independent subdivisions. If the main company hasn’t taken such decision or has taken it with delay, its new affiliates should continue paying tax in common order.

In case when a tax-payer opens affiliates within the reported year, the state tax authority at the location of such new affiliate and of tax-payer shall be informed. Then, the results of the economic activity of all affiliates are considered upon calculation of the consolidated balance starting from that reported (tax) period when they have been established.

As soon as the company starts paying the consolidated profit tax, it has no more right to change the order and form of such payments till the end of the reported year.

Our contacts:
Taras Bachynskyy
Telephones:
Kyivstar +380972184275
UMC +380504317084

Residential premises may not be used for industrial needs and this means that a legal entity may not be registered in some apartment. But shall a registration of a legal entity in a residential premises be considered as industrial (commercial) use of such premises?

Registered address of a legal entity in Legislation

Recently, with the adoption of the Tax code, amendments to the Civil code have been passed as well. According to the art. 93 of the Civil Code of Ukraine (as amended), the registered address of the legal entity is the factual location where the activity is carried out or the office is located, provided the everyday management of the legal entity’s activity and book-keeping is carried out (the company’s officials and managers work mostly from this office). As we see, it appears from the definition in the Civil Code that still, the registered address of the legal entity is the place of its activity (i.e. Commercial activity) conduct.

According to the Law of Ukraine «On State Registration of Legal Entities and Private Individuals – Entrepreneurs» the registered address of the legal entity is the address of a body or an individual that on the grounds of statutory documents of the legal entity or according to the Law act on its behalf (hereinafter — executive body). According to such definition it seems that a legal entity may be registered at some apartments (residential premises); though, we see the regulation of the Civil Code which doesn’t contradict the Law regulation but, let’s say, broadens it. So, it appears that a legal entity may not be registered at some apartment.

However, the Law «On State Registration of Legal Entities and Private Individuals – Entrepreneurs» (art. 24) does not foresee submitting of a document confirming the legal address (lease agreement or property title for the premises). This is why the state registrar doesn’t check legitimacy of registration of a legal entity at the address you have stated. But in case you have stated some address that has nothing to do with you at all — it is clear that it is a violation; and what if this is your own apartment? As appears from the above-said, you cannot use your apartment as well because it is not foreseen for commercial activity. During registration you won’t have any problem. But later upon the inspection by the tax police (if it takes place) such violation (failure to comply with the Civil Code of Ukraine) will be found.

The par. 45.2 of the Tax Code of Ukraine dated 02.12.2010 No. 2755-VI (hereinafter — Tax Code) determines that the tax address of a legal entity (an independent department of a legal entity) is the registered address of such legal entity and the information about it can be found in the Single state register of enterprises and organizations of Ukraine. Such definition by the Tax Code doesn’t give us any additional understanding as for our issue of registration of a legal entity in the non-residential space. But suppose a tax-payer is registered at one address (for example, apartment) data about which can be found in the Single State register, while its office and/or manufacturing department are located at another address — such tax-payer has to submit true information about his factual location to the Single state register and enter to the Single register such registered address that would correspond to the location of its office.

It shouldn’t also be forgotten that the entry in the Singly state register about absence of the legal entity at the address stated, may serve the ground for a court resolution on suspension of such legal entity (par. 2, art. 38 of the Law On registration).

Concluding, it is worth mentioning that minds as for this issue differ from layer to layer. Some assert that a company may be registered at an apartment owned by its founder, others — that it may not. As for us, guided by the regulation of the art. 93 of the Civil Code of Ukraine, we recommend not to register a company at any (owned or leased) apartment if possible. Although there has been no problems with this issue till now, still it’s better not allow for such danger at all.

Recently the Verkhovna Rada of Ukraine (Parliament) passed amendments to the Housing Code of Ukraine (registr. №8203), which foresee to ban rendering premises in residential buildings for manufacturing departments.

To the mind of the President of Ukraine, introduction of such ban «may result in forced suspension of entrepreneurial activity by the entities of small and medium business that more often use such premises for conduct of entrepreneurial activity for placement of hairdressing saloons, clothes and shoes repair shops, private notary offices etc.», which “doesn’t correspond to the state policy aimed at development of small and medium businesses and using them as an efficient tool for settling economic and social problems”. Thus, most probably that residential premises will not be allowed to be used only for manufacturing. This allows us to assume that despite the regulation by the Civil Code that seemingly prohibit registering legal entity at residential premises , the Housing Code will indirectly allow doing so.

If you want to change the registered address of the legal entity please contact us.

Our contacts:
Taras Bachynskyy
Telephones:
Kyivstar +380972184275
UMC +380504317084

Below are listed the requirements to a Bill of Complaint to Commercial Court :

1) name of the Commercial Court to which a bill of complaint is submitted;

2) name of the parties, their postal addresses, names and numbers of the parties’ accounts at banking institutions;

3) documents confirming that a citizen has status of entity in entrepreneurial activity;

4) price statement of lawsuit if the bill of complaint is subject to monetary evaluation; amount statement for contract (in disputes arising from signing, amending and cancellation of contracts);

5) content of claims on bill of complaint, if the bill of complaint is submitted to several defendants — content of claims for each of them;

6) statement of circumstances on which the claims on bill of complaint are based, statement of proofs supporting bill of complaint; justified calculation of amounts being collected or in question; legislation on which the submitted bill of complaint is based;

7) information about pre-trial measures of dispute regulation in cases when such measures are compulsory;

8 ) list of documents and other proofs attached to the bill of complaint.

Besides the above-mentioned materials a bill of complaint to Commercial Court may contain other information if it helps in correct settlement of the case.

Writing a bill of complaint requires a scrupulous approach because the further result of the case depends on it.

Names of parties shall be written in full, without shortings. Postal address shall contain index, name of inhabited locality and country, full street name (boulevard, avenue etc. ), as well as buildings and apartments numbers (if necessary).

Bank accounts numbers shall contain names of banking institutions in which they are opened as well as codes of banking institutions (so called, code MFO).

In case you don’t know the data of defendant’s bank accounts, you may submit the bill of complaint without them. During the preparation of case for trial court will have to demand this information from defendant. Though, it won’t be considered unnecessary to make a motion to the court demanding bank information about your opponent.

Regardless the fact that the absence of bank information according to the Economic Procedure Code of Ukraine can not be considered the ground for return of the bill of complaint without trial, cases when court returns bills of complaint in which numbers of bank accounts are not stated, are not so rare.

If you find yourself in such situation, there are two ways out of it:

Firstly, you may appeal the judgment on return of the bill of complaint without trial. However, you have to bear in mind that the procedure of appeal is quite long-term. So, if you choose this way, you’ll need more time for dispute settlement in commercial court.

Secondly, in your bill of complaint to commercial court you may state as defendant’s bank account any random account number. While taking decision on acceptance or not of bill of complaint to the court process, court as a rule doesn’t check whether the bank information you stated is correct or not. So, the court will have no formal grounds to refuse in acceptance of bill of complaint.

However, if you choose this way, please note that namely this random account number that you have thought of will be stated in commercial court’s order on the ground of which the court’s judgment will be executed.

For this reason during the trial process you will have to make a motion in which you should state that upon submitting the bill of complaint to commercial court you have stated by mistake the wrong account number of the defendant, and ask the commercial court to demand on your behalf from your opponent correct data.

The price statement of lawsuit, which should be mentioned in bill of complaint to commercial court, may be:

1) in bills of complaint on collection of money assets — the amount being collected or amount in dispute according to executive or other document, according to which collection is conducted without dispute (without acceptance);

2) in bills of complaint on reclamation of property – cost of property under reclamation;

3) in bills of complaint which contain several independent claims – total amount of all claims;

4) in bills of complaint on collection of foreign currency – amount in foreign currency and in Ukrainian hryvna according to the official rate set by the National Bank of Ukraine on the day when the bill of complaint is submitted.

When determining the price of the bill of complaint submitted in foreign currency, one should base on the currency which has been used or should have been used for settlements between the parties.

Also, when computing the price of the bill of complaint don’t forget to include the amount of forfeit (fine, penalty) and state it in the bill of complaint to commercial court.

The content of claims shall be set forth clearly and concerning every defendant.

On the correctness of the way you draw up your claims on the bill of complaint depend on a large scale not only whether commercial court accepts or not your bill of complaint to its process, but also whether the positive for you judgement would be passed.

The following example can be given. Quite often businessmen arguing an act of a state body make mistake demanding from commercial court to cancel such act. In such cases court can accept the bill of complaint to process but would hardly pass a positive judgment. The reason is that the court has no right to cancel acts of state bodies — it may only recognize them as invalid.

So, exactly such demand shall be stated in bill of complaint to commercial court.

Examples of bills of complaint:

WE HEREBY REQUEST

1. To recognize as invalid the contract (date of signing the contract and its reference number) between (names of the parties to the contract).

2. To acknowledge the property right of (name of entity in entrepreneurial activity) for (name of estate) located at the the address (place of location of the estate).

3. To recognize as invalid (type of document in dispute: resolution, order etc., date of issuing and its registration number), issued by (name of body that issued the document in dispute).

4. To oblige (name of state body) to deliver to (name of the entity in entrepreneurial activity — plaintiff), plaintiff (name of the document delivering of which is demanded: certificate, license etc.).

5. To collect from (name of the entity in entrepreneurial activity — debtor) in favor of (name of the entity in entrepreneurial activity — collector) money in amount of (total amount of money which is subject to collection).

When you set forth your demands in bill of complaint to commercial court, don’t forget that it is possible to unite several demands having common grounds of origin or proofs in one bill of complaint.

Also, you should take into account that violation of rules for uniting demands in a bill of complaint may be the ground for returning such bill of complaint without consideration. Although this situation is not so bad, because once you eliminated such violation, you may submit the bill of complaint again, but it results in delays in case proceedings.

When drawing up a bill of complaint, special attention shall be given to describing the circumstances confirming your demands or serving the grounds therefor. You have to include the following information in your bill of complaint:

•what exactly your rights and legitimate interests are being violated;

•what are the defendant’s deeds that caused such violations;

•what proofs can confirm your arguments.

When setting forth your arguments you should clearly structure references to proofs.

Put each argument in separate paragraph. In the same way put separately arguments concerning different demands. Make clear and full references (stating numbers, dates, names etc.) to clauses of regulatory legal acts or other documents that confirm your arguments.

If you decided to dispute a deed by a state body, pay your attention to the following:

1) commercial court has no right of evaluation whether the deeds by the Cabinet of Ministers of Ukraine correspond to the Constitution of Ukraine. So if in your bill of complaint you demand from the court to recognize such deeds as invalid, you should not use as arguments statements on their failure to comply with the Constitution of Ukraine;

2) grounds to recognize certain deeds as invalid are their failure to correspond to the requirements of the legislation in force and/or their failure to fall within the jurisdiction of the body that has issued this deed.

So, in the bill of complaint you should state what conditions of the deed in dispute contradict the requirements of the legislation in force and what exactly are these requirements. If the excess of powers has been obvious, point to this.

To avoid the misunderstandings that are possible to arise in case the documents you submit attached to the bill of complaint are lost by court or by another party, you have to attach the full list of documents and proofs to your bill of complaint.

Documents and proofs shall be submitted in original or in duly certified copies. If the law doesn’t require the special order of certification for the copies of original documents (by notary, state body etc.), you may certify such copies on your own. To do so, you should make the following inscription on a photocopy: «This is the true copy» and certify it with your signature and stamp (if you have).

When submitting to commercial court the bill of complaint on recognition as invalid the deed by state or other body, you have to attach to the bill of complaint a copy of the deed in dispute or a certified abstract from it.

According to the Economic Procedure Code of Ukraine. Bill of complaint shall be signed by the Plaintiff’s duly authorized official, physical entity (person) – entreprener or their representatives.

When your bill of complaint is ready, you should make a copy of this bill of complaint and copies of all documents attached thereto. These copies will have to be sent to other parties to the legal proceedings. It should be done before the bill of complaint is submitted to commercial court because upon submitting the bill of complaint to commercial court you have to attach to the bill of complaint documents confirming that the copies of the bill of complaint and documents attached thereto have been sent to the defendant.

The next step in preparation of the bill of complaint for submission to commercial court is payment of the state dues. The document confirming payments of the state dues can be a payment order for a non-cash transfer of the state dues or a bank receipt on accepting payments by cash. This document shall also be added to the bill of complaint.

Financial documents confirming payment of the state dues shall be submitted to commercial court in original.

Besides the payment of the state dues, you also have to pay expenses for informational and technical support of the trial and add the document confirming such payment to the bill of complaint.

Also, besides the above-mentioned documents that you submit to commercial court together with your bill of complaint, you have to add documents confirming the following:

1. pre-trial measures of the economic dispute regulation with every defendant in cases when such measures are compulsory;

2. circumstances on which the claims on bill of complaint are based;

3. powers of your representative (if he/she signed the bill of complaint and would represent your interests during the court trial).

This completed set of documents that you have gathered, consisting of the bill of complaint and documents attached thereto shall be submitted to commercial court. You can do it personally by the way of submitting the materials to the court’s registry or general department, by courier or via post office by delivery with notice of delivery (you need to keep documents confirming delivery so that you can prove in case of necessity the fact of submission of the bill of complaint to commercial court).

In any case, you have to obtain a document confirming the fact of submission of your bill of complaint with documents attached thereto to court. It will the first step on your way to defend your rights and interests in commercial court.

Our contacts:
Taras Bachynskyy
Telephones:
Kyivstar +380972184275
UMC +380504317084