Kyiv, 6 Ivana Dracha St., of. 15
Your power to winGovernment relations (GR)
The successful implementation of business projects that require interaction with government authorities and local self-government bodies (such as licensing certain types of business activities, obtaining construction permits, etc.) demands effective communication between the client and the authorized body. It is essential to establish positive interaction between business and government authorities, especially when a company uses natural resources like water, subsoil, and land in its operations. Interaction with various government agencies is also necessary when your business is involved in foreign economic activities (customs authorities, currency control, foreign investments) or medical practice. Moreover, the adoption of certain regulatory acts (such as resolutions, orders, instructions) by government agencies can fundamentally change the rules of conducting certain types of business activities, making it impossible to operate under the old, established schemes. Considering these circumstances, the role of legal services for businesses, such as Government Relations (GR), has become increasingly important.
GR services for a commercial company involve protecting the business interests through interaction with government authorities and local self-government bodies.
The specialists at WinnerLex Law Firm have the necessary knowledge, experience, and communication capabilities to facilitate effective dialogue between businesses and government authorities.
Developing a company's GR strategy (its strategy for interacting with government and local self-government bodies);
Representing clients before government and local self-government bodies when they take decisions that affect business operations;
Monitoring the regulatory environment, forecasting changes in legislation and assessing political risks (analysing the content of bills that affect the rules of doing business and tracking their adoption and entry into force);
Advising foreign companies and assisting them in entering the Ukrainian market;
Challenging decisions, actions and omissions of government and local self-government bodies and individual officials;
Support during inspections and challenging their results.
In case of disputes with a specific government authority or its individual official, before taking active steps, it is necessary to conduct a detailed legal audit of the situation. This should involve analyzing the conflict in the context of the current legislation, identifying existing risks of negative consequences for the business, and developing a strategy to resolve the issue.
The list of types of entrepreneurial activities for which a license is required is determined by the Law on Licensing of Types of Economic Activities. For each type of such activity, relevant regulatory acts establish licensing conditions – an exhaustive list of requirements that must be fulfilled by the licensee, and an exhaustive list of documents to be attached to the application for a license.
State supervisory (control) authorities have the right to conduct scheduled inspections, provided they notify the business entity in writing about the inspection at least ten days before the inspection date. You have the right to deny access to the inspectors for the scheduled inspection if you have not received the notification about its conduct.
If the rules for running your business are largely established by legislation, it is advisable to regularly analyze draft laws and monitor current changes in the relevant legislation. This will allow you to plan your business development strategy in consideration of any legal changes.
If you have decided to challenge the decision, actions, or inaction of a government authority in court, it is advisable to seek professional legal assistance from an attorney. Even a promising case can be lost in court without experience in litigation and knowledge of the procedural laws that govern court proceedings. For example, you might miss an important procedural deadline, after which it will no longer be possible to submit crucial evidence or appeal a first-instance court decision to an appellate court.
GR services for businesses may be necessary in the following cases:
- The company's operations are related to tariffs and quotas controlled by government authorities.
- The company supplies goods or provides services in the public sector;
- The business uses natural resources: subsoil, water, land.
- Entrepreneurial activities are subject to state supervision (control) in the areas of environmental and industrial safety.
- The company engages in foreign economic activity.
To resolve a conflict with a government authority or an individual official, various strategies can be employed, such as:
- conducting negotiations, correspondence and personal meetings to reach a compromise that satisfies both parties;
- filing a complaint with a higher-level government authority;
- challenging the decision in court.
To protect a business from administrative pressure by government authorities, besides filing a complaint with a higher-level government authority or filing a lawsuit, it is possible to submit a complaint to the Ukrainian Business Ombudsman Council. One of its key objectives is to ensure effective, systemic communication between businesses, government authorities, and local governments, as well as enterprises that are state-owned or subordinated to government authorities.