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Business Ombudsman Council presented a brochure with advice for business in the temporarily occupied territories

08.08.2022

As a result of the full-scale armed aggression of the Russian Federation, almost 20% of the territory of Ukraine proved to be temporarily occupied territories (TOTs). Despite relocation opportunities in place for businesses, not everyone was able to do it. A considerable part of blocked regions economy consists of the agro-industrial complex, which cannot be moved to another territory, because it has its main material assets on TOTs, and critical infrastructure enterprises (pharmacies, transport, utility services etc.) meeting basic needs of the population.

Presently, the Government continues working on the development of legislation to regulate the status of business entities on TOTs and minimize risks of bringing entrepreneurs to criminal liability for collaborationism. For its part, the Business Ombudsman Council prepared its own set of practical advice for business "Business under Blockade".

The brochure includes a list of BOC recommendations concerning preservation and protection of property rights, interaction with employees, contractors, tax authorities and also contains a sequence of actions in the event of force majeure and when one is forced to co-operate with occupation administrations representatives.

If it is impossible to avoid communication with an occupation administration, the Business Ombudsman Council recommends that entrepreneurs collect evidence to confirm the lack of intention (aim) to cooperate with them, namely, in the absence of a threat to life, record any facts of coercion/extortion/threats and meet with the occupier accompanied by potential witnesses. In case of physical/mental coercion against an entrepreneur to collaborate, it is worth applying to law enforcement bodies with a statement to be submitted from Ukraine controlled territory through an authorized representative.

In the brochure, the BOC also reminds businesses of the mechanism for protecting rights in the ECHR and explains what to pay attention to when preparing such an appeal.

The brochure was developed based on the current Ukrainian legislation. You can download the brochure at the link.