Head of real estate and commercial law practice
Specialist in the field of commercial law and process. Real estate, construction support; land law and protection of property ownership.
Licensing of business activities
Business license: key features
One of the most complex and difficult issues in legal practice is the licensing of business activities. Licensing business activities is necessary to confirm the legality of such a business, avoid undesirable legal consequences in the absence of an appropriate license, as well as to gain the trust of your clients and partners.
The key features of licensing business activities include: firstly, its clear regulation by law; secondly, the presence of general and special requirements for the business and the applicant, dictated by the appropriate license; thirdly, the fee for the procedure (an administrative fee is charged for obtaining it); fourthly, the term of validity of the permit and the need to renew it after its expiration.
You can learn more about the features of licensing business activities in Ukraine by contacting a specialized lawyer for legal advice.
What types of economic activity are subject to licensing?
Various forms of activity, the conduct of which requires obtaining an appropriate license, are defined in the current Law of Ukraine “On Licensing Types of Economic Activity” (Part One of Article 7 of this Law). In particular, in accordance with its provisions, it is mandatory to obtain permits for (the list is not limited to):
- banking activities, provision of financial services on the capital market, including transactions with currency values, etc.;
- economic activities in the field of electricity (including from alternative energy sources), supply of thermal energy, etc.;
- entrepreneurial activities in the field of media and information technologies (in particular, the provision of professional services in the field of technical information protection);
- construction and other real estate activities;
- conducting business in the field of healthcare and veterinary medicine, primarily in the production and sale of medicines, veterinary drugs, testing, processing of donor blood;
- business in industry and chemical production, such as the production of explosives, chemicals, hazardous waste management;
- business activities in the production and sale of alcoholic and tobacco products;
- business activities in the organization and conduct of gambling and lotteries;
- activities in the field of transport and logistics, in particular in the transportation of passengers, cargo, international road transport and others.
Legal support for obtaining a license
Obtaining a license is a complex legal process that requires careful preparation of documents, compliance with legislative requirements and clear interaction with state authorities. Legal support for licensing business activities by experienced specialists of the Law Firm “Prikhodko & Partners” allows you to significantly simplify this procedure, avoid mistakes and speed up obtaining a license.
Our main services for obtaining a license for business activities are:
- legal consultations with analysis of the client’s request, determination of the need to obtain a license and relevant licensing requirements, preparation of recommendations for completing all necessary procedures;
- correct preparation and submission of documents by forming a complete package of documentation, preparation of an application for a license, checking the availability of other permits and certificates;
- legal support in interaction with state authorities through negotiations, preparation of official responses to requests and provision of additional documents upon request;
- appealing against a refusal to issue a license with analysis of the reason for the refusal, preparation of objections and legal representation in administrative proceedings;
- representation of the client’s interests in judicial institutions in matters of appealing against refusals to grant licenses for business activities by state authorities.
Legal liability for conducting business without a license
If you do not comply with the laws and conduct business without the proper licensing documentation, then such a person may face undesirable legal consequences. Depending on the form of the violation, its duration and the activity that was carried out illegally, a person may be held liable for:
- administrative liability under Article 164 of the Code of Administrative Offenses (violation of the rules for conducting economic activities) and a fine of UAH 17,000 to UAH 85,000 may be imposed, depending on the qualification of the violation, confiscation of manufactured products, as well as tools of production and sale;
- criminal liability under Article 203-2 of the Criminal Code of Ukraine (only for illegal activities related to the organization and conduct of gambling and lotteries) in the form of a fine of UAH 170,000 to UAH 850,000 with deprivation of the right to engage in relevant activities for a period of 1, 2 or 3 years.
Licensing of business activities is important for compliance with the principle of legality of business conduct, avoiding undesirable legal consequences. Today, critically important sectors of the economy, such as industry, energy, healthcare, etc., are subject to licensing. Legal support of this process allows you to optimize the process of obtaining a license, reduce the risks of refusal and avoid bureaucratic obstacles.
Lawyers of “Prikhodko & Partners” will help prepare all necessary documents, conduct negotiations with regulatory authorities and ensure the efficiency of the business licensing procedure. To find out the cost of legal support, please fill out the form below.
Is a subscriber form of service possible to quickly resolve issues as they arise?
Yes, of course, we take companies for permanent support.
The subscription form of service allows you to receive a full range of legal services on an ongoing basis for a fixed monthly fee.
Our lawyers will accompany all economic legal relations of your company: from drawing up contracts and solving corporate issues to representing interests during inspections by regulatory bodies and in court disputes.
We have very flexible pricing, so contact us and we will discuss your specific case.
Do you work only in Kyiv?
Fortunately, modern technologies allow us to effectively solve almost any legal issue online regardless of your location. In cases where personal presence is necessary, our lawyers are ready to travel to any point in Ukraine. Moreover, thanks to our network of reliable partners abroad, we can provide legal support even in international cases. Our goal is to provide you with quality legal assistance wherever you are.
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