Ukrainian President Volodymyr Zelenskyy enacted a decision by the National Security and Defense Council (NSDC) to introduce a moratorium on business inspections and stimulate economic growth. The specific provisions of this decision are outlined in Presidential Decree No. 538/2025 of July 21, as reported by UNN.
Details
The decree stipulates:
To the Cabinet of Ministers:
- to take, together with the National Police, SBU, ARMA, State Property Fund, with the participation of the Prosecutor General's Office, BEB, SBI, within three months, additional coordinated measures to establish and identify assets of individuals and legal entities to which special economic and other restrictive measures (sanctions) in the form of asset blocking have been applied, to intensify work on the recovery of assets belonging to such persons into state revenue, and to ensure the development and implementation of additional mechanisms aimed at fulfilling the relevant tasks;
- to take, jointly with authorized state bodies, within one month, measures to ensure the protection of the rights and legitimate interests of foreign investors, including those with a share of foreign capital;
- to immediately take organizational and practical measures to increase the effectiveness of the implementation of tax and customs control mechanisms by the State Tax Service and the State Customs Service, providing, in particular:
- the establishment of restrictions on inspections of business entities that have the status of authorized economic operators and business entities with a low degree of risk, with the exception of those engaged in activities related to the circulation of excisable goods;
- improvement of the methodology for applying a risk-oriented approach when determining the expediency of inspections of business entities in order to direct control measures to areas with a high level of risk of violations of tax and customs legislation or smuggling;
- to ensure that the State Regulatory Service (DRS) carries out the following measures:
- to conduct, together with state supervision (control) bodies within their competence, within one month, an analysis of the sufficiency of regulatory and legal regulation of the application of state supervision (control) measures to minimize their possible negative impact on the activities of business entities, and based on its results, within one month, to submit proposals to the Cabinet of Ministers on increasing the effectiveness of such measures, taking into account the need to minimize costs and administrative burden on business entities and optimize control procedures using a risk-oriented approach, as well as eliminating duplication of functions of state supervision (control) bodies;
- development and implementation on a planned basis of a set of measures aimed at introducing a risk management system in the field of state supervision (control) and introducing a mechanism for evaluating the effectiveness of the activities of state supervision (control) bodies, providing, in particular, a risk-oriented approach and digitalization;
- submission within one month to the Cabinet of Ministers of proposals for simplifying business conditions through deregulation of economic activity and improving the licensing and permitting system;
- implementation within six months of the relevant module into operation in the Integrated Automated System of State Supervision (Control);
- ensuring on an ongoing basis the analysis of the effectiveness of the implementation of the measures provided for by this decision, and based on its results, taking additional measures to improve the relevant regulatory, legal, and organizational framework.
The Verkhovna Rada is recommended by the decree to accelerate the consideration of a number of draft laws:
- "On Amendments to the Criminal Procedure Code of Ukraine regarding the improvement of guarantees for the protection of business entities during criminal proceedings" (reg. No. 12439 of 24.01.2025), considering the proposals of the Prosecutor General's Office during preparation for the second reading;
- "On Amendments to Paragraph 4 of Section XXI "Final and Transitional Provisions" of the Customs Code of Ukraine regarding investment compensation through taxes" (reg. No. 13414 of 25.06.2025);
- "On Amendments to Section XX "Transitional Provisions" of the Tax Code of Ukraine regarding investment compensation through taxes" (reg. No. 13415 of 25.06.2025);
- "On the Basic Principles of State Supervision (Control)" (reg. No. 5837 of 05.08.2021);
- "On Amendments to the Code of Ukraine on Administrative Offenses regarding increasing the responsibility of officials of state supervision (control) bodies" (reg. No. 5838 of 05.08.2021);
- "On Amendments to the Law of Ukraine "On the National Agency of Ukraine for the Identification, Tracing, and Management of Assets Derived from Corruption and Other Crimes" regarding the fair use of arrested assets of the Russian Federation and its residents for the protection of national interests of Ukraine" (reg. No. 13268 of 08.05.2025);
- "On Amendments to the Criminal Code of Ukraine and the Criminal Procedure Code of Ukraine and the Law of Ukraine "On Sanctions" regarding establishing responsibility for violating special economic and other restrictive measures (sanctions)" (reg. No. 12406 of 14.01.2025).
The Prosecutor General's Office, BEB, SBI, National Police, SBU are recommended:
- to complete within one month a joint review of materials of criminal proceedings in which, within the framework of pre-trial investigation, an assessment of the legality of actions of business entities is provided, and based on its results, to make decisions within their competence regarding the expediency of initiating, changing, and continuing the application of security measures in such criminal proceedings, as well as to take, if expedient, additional actions to strengthen the protection of rights and prevent the restriction of legitimate interests of business entities as participants in criminal proceedings;
- to ensure, within their competence, increased control by the heads of pre-trial investigation bodies and prosecutors of various levels at all stages of pre-trial investigation in criminal proceedings where the activities of business entities are being checked, regarding the legality of conducting relevant investigative (search) and other procedural actions, including the application of certain measures to secure criminal proceedings that may negatively affect the activities of business entities and lead to the restriction of their rights and legitimate interests.
The decree enters into force on the day of its publication.