Legal regulation of relocation of enterprises during martial law in Ukraine: theoretical and legal analysis

Abstract

Introduction. The beginning of the full-scale war of the Russian Federation against Ukraine has led to the emergence of many new challenges to the Ukrainian nation that need to be addressed both in life and at the level of legal regulation of economic relations. According to information from March 22, 2022, 305 companies were relocated. In total, the state received 906 applications for relocation. This confirms the urgency of considering the issue of relocation of enterprises, and, accordingly, ensuring the legal regulation of this complex, but necessary in today's conditions, process. The purpose of the paper is to analyze the legal regulation of the process of relocation of enterprises in martial law, identifying shortcomings and finding ways to improve them. Results. The normative acts envisaging measures of the Government and other state authorities to relocate enterprises to relatively safe areas for economic activity have been studied. The effect of such measures on the implementation of the process of relocation of enterprises in connection with the war is studied and predicted, as well as the disadvantages and advantages of their implementation are identified. The existence of certain contradictions in the provisions of legal acts regulating the process of relocation of enterprises has been established. Ways to eliminate them are suggested. Conclusion. The Ukrainian legislator has taken the first steps to improve the situation with the relocation of enterprises from areas dangerous to economic activity. An analysis of the published provisions allows us to conclude that the proposed acts can improve the situation of enterprises moving to relatively safer areas. However, in our opinion, such acts should eliminate inconsistencies and establish more specific measures to assist relocated enterprises, and in the case of the Decree on the lease of state, the property should be established certain preferential terms for relocated enterprises, because as of writing articles, such "benefits" apply to all enterprises and do not contain features of the lease for relocated. Such a mechanism is very important in such a difficult time because the combat effectiveness of the Armed Forces of Ukraine depends on the Ukrainian economy.