Senior lawyer
Legal assistant in the practice of military disputes, dismissal from military service, reservation employees for the period of mobilization, appealing the conclusion of the military medical commission, legal support for clients in the military commissariat
Case: Legal support for determining the critical representative office of a foreign business entity
Client: a non-resident representative office that is part of an international corporation
Region: Kyiv
Case (problem): obtain the status of a critically important enterprise
Desired result: recognize the enterprise as critically important for employee reservation
A non-resident representative office, which is part of an international corporation, approached Prikhodko & Partners with a request to determine the possibility of defining something that is important for the sectors of the national economy and is critical for the functioning of the economy and ensuring the life of the population during a special period.
During the initial consultation, lawyer Artem Brodiuk analyzed in detail:
- the economic and business activities of the representative office and their ultimate beneficial owners, carried out in Ukraine and abroad;
- the presence of special economic restrictive measures and international sanctions;
- registration with regulatory authorities and submitted tax reporting for the relevant period;
- the presence of arrears in tax payments to the state and local budgets and a single contribution to compulsory state social insurance;
- the staff of employees and the accrued average salary of insured persons – employees.
Based on the results of the initial consultation and the analysis of the company’s activities for compliance with the “Criteria and Procedure” approved by the Resolution of the Cabinet of Ministers of Ukraine dated January 27, 2023 № 76 and the Order of the Ministry of Economy of Ukraine dated December 18, 2024 № 28003, a strategy for further actions was developed and an Agreement was signed.
A lawyer of the company “Prikhodko & Partners”, in order to determine the Representative Office of non-residents of great importance for the sectors of the national economy and critically important for the functioning of the economy and ensuring the life of the population in a special period with their inclusion in the Unified List for the reservation of military personnel, prepared a document.
After the appeal and the full list of supporting documents were formed, a package of documents was submitted to determine the enterprise as critical.
In order to control the stages of consideration, the formation of the order and the prompt entry of information into the Unified List for the possibility of booking by means of the Action Portal, the lawyer prepared a lawyer’s request.
As a result, a response was received from the Ministry of Economy of Ukraine on the decision to determine the Representative Office of non-residents as critical for the functioning of the economy and ensuring the life of the population during a special period with supporting documents (Cover letter, Order) and the entry of information about the Representative Office into the “Unified List” with the possibility of booking employees.
On the account of the lawyer of the military law practice Artem Brodyuk there is already more than one case on obtaining the status of a critical enterprise, so if you need advice or legal assistance – fill out the form on the website and our lawyer will contact you shortly.
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