Case: Supported the opening of a rehabilitation centre with foreign founders

The recovery and development of Ukraine’s modern healthcare sector is currently one of the most attractive areas for strategic foreign investment. European, American, Canadian, Asian (including Chinese) and Turkish investors are increasingly considering the Ukrainian market for launching large-scale healthcare projects. There is a particularly urgent need to create high-tech multidisciplinary rehabilitation centres.

However, operating a medical business in Ukraine requires compliance with licensing conditions, tax legislation and special procedures governing the circulation of controlled substances.

In this practical case, we explain how Prikhodko & Partners successfully supported a project involving foreign investment and the full legalisation of a multidisciplinary rehabilitation centre, including licensing for more than 10 specialties and work with precursors.

About the client and initial objectives

A representative of a foreign corporation approached our firm. Together with a private investor — a citizen of one of the EU countries — the corporation decided to invest in the Ukrainian healthcare services market. The objective was to establish a modern multidisciplinary rehabilitation centre of European standard in Ukraine.

Key challenges and tasks faced by the lawyers

1. Corporate stage: obtaining taxpayer identification numbers (RNOKPP) for the non-resident participant and registering a legal entity (LLC) with foreign founders (the participants being a foreign company and a non-resident individual).
2. Medical practice licensing: obtaining a licence from the Ministry of Health of Ukraine for more than 10 medical specialties for the rehabilitation centre.
3. Licensing the circulation of controlled substances: because the rehabilitation centre’s concept included pain management therapy and intensive care for patients with severe injuries, it became necessary to obtain a licence authorising activities involving the circulation of narcotic drugs and precursors.
4. Material and technical audit: checking the premises for compliance with state building regulations (DBN), including accessibility (barrier-free access) requirements for persons with reduced mobility.

Step-by-step project implementation: from the idea to the clinic launch

Step 1. Registration of a business with foreign capital in Ukraine

The first stage involved the legal establishment of the enterprise. For foreign founders, it was important to ensure investment protection and a transparent governance structure.

Our lawyers promptly obtained a tax number (taxpayer registration number) for the foreign participant.

An individual draft of the LLC’s Articles of Association was prepared taking into account the interests of the foreign partners, including provisions on corporate governance and dividend distribution.

The state registration of the company and its registration with the tax authorities were successfully completed.

The first stage was completed entirely remotely, without the physical presence of the foreign participants in Ukraine. It was sufficient to execute a power of attorney, the draft of which was prepared by our lawyers.

Step 2. Architectural audit and compliance of the premises with Ministry of Health and DBN standards

Medical licensing begins long before documents are submitted — with the selection and preparation of the premises.

Our team conducted a preliminary technical audit of the future rehabilitation centre for compliance with DBN V.2.2-10:2022 “Healthcare Facilities”.

The availability of barrier-free access was separately checked, including ramps, widened doorways without thresholds and accessible toilets, and full support was provided in obtaining an official expert accessibility report for persons with reduced mobility, which is a mandatory requirement for conducting medical practice.

Step 3. Building the team and licensing more than 10 specialties

For a multidisciplinary centre, the staffing structure must be properly formed in accordance with the Handbook of Qualification Characteristics of Employees’ Professions (ISSUE 78) and the Licensing Conditions of the Ministry of Health.

Our medical lawyer conducted a legal audit of diplomas and certificates of doctors and rehabilitation specialists (physical and rehabilitation medicine doctors, neurologists, orthopaedic traumatologists, physical therapists, occupational therapists, psychotherapists, etc.), and also verified Continuing Professional Development (CPD) points.

A complete package of documents was prepared, including the Application and Information on the State of the Material and Technical Base and Availability of Personnel for submission to the Ministry of Health of Ukraine.

The documents were promptly submitted to the Ministry of Health, and just 10 days later the rehabilitation centre obtained its medical licence.

Step 4. Obtaining a licence for precursors and narcotic drugs

Since the rehabilitation of patients with severe consequences of injuries and wounds often requires medical support involving controlled medicinal products, this stage required maximum attention to detail:

1. the material and technical base was approved with regard to the availability of specially equipped storage facilities (safes, alarms and security systems) for storing precursors and narcotic drugs;
2. the relevant permits were obtained, including psychiatric certificates and certificates from the Ministry of Internal Affairs confirming the absence of criminal records for employees who would have access to controlled substances;
3. a package of documents was submitted to obtain a licence for the circulation of precursors and narcotic drugs.

We obtained all licences and permits, including those for medical practice and work with narcotic drugs and precursors, remotely, without the personal presence of the clients or representatives of the medical centre.

Project result

Thanks to the comprehensive strategy developed by the specialists of Prikhodko & Partners:

1. The foreign investors obtained a fully legal corporate governance structure in Ukraine.
2. The clinic successfully passed all stages of regulatory review and obtained a medical practice licence covering more than 10 specialties.
3. A special licence for precursors and narcotic drugs was obtained, allowing the clinic to provide a full range of palliative and rehabilitation care.
4. The investor commenced operations within the legal framework of Ukraine without the risks of unscheduled inspections, fines or account blocking.

Why do foreign investors and medical clinics choose Prikhodko & Partners?

The field of medical law and investment consulting in Ukraine requires thorough knowledge of updated legislation. By entrusting your business to professionals, you receive:

• • Deep international expertise: we support foreign businesses taking into account tax, immigration and corporate risks.
  • Turnkey experience: we have extensive successful experience in obtaining hundreds of medical licences and precursor licences.
  • Legal security: a preliminary audit minimises any risk of refusal by the Ministry of Health or supervisory authorities.
  • Efficiency in timelines: we optimise all bureaucratic processes, reducing the time required to launch the medical centre.

Frequently asked questions about opening a medical centre with foreign capital

Are you planning to invest in a medical business in Ukraine or open a rehabilitation centre? Contact the leading medical lawyers at Prikhodko & Partners right now for professional advice and legal support for your project.