Moratorium on Inspections During the War: The Cabinet Introduced New Guarantees for Affected Businesses

The Cabinet of Ministers of Ukraine adopted Resolution No. 904, which amends Resolution No. 303 "On the suspension of state supervision (control) measures under martial law".

This step was a response to the need to adapt the state control system to the current phase of armed aggression. The main focus of the reform is to expand the list of cases where inspections cannot be conducted due to objective wartime factors (property destruction, mine contamination), while simultaneously creating mechanisms for prompt response to threats to human life and the country's defence capability.

Resolution 904 clarifies the moratorium regime on inspections. The new rules introduce "immunity" for owners of damaged property and farmers in dangerous zones, while strengthening control in the field of food safety for the Armed Forces.

Terminological unification and scope of subjects

The document unified the terminology used in the resolution. Previously, it contained various formulations, including "legal entities and individuals" or "business entities," but now a single construction is applied throughout the text — "legal entities, individual entrepreneurs, and individuals".

This approach eliminates ambiguities regarding the circle of persons to whom the resolution applies. The standardisation of wording aims to exclude differing interpretations concerning the application of the established legal regime to certain categories of citizens or organisational-legal forms, ensuring uniform rules for all subjects covered by the document.

Who is exempt from inspections

Resolution No. 904 maintains the general principle: during martial law, planned and unplanned state supervision measures are suspended. However, the change concerns the moratorium on inspections of compliance with orders.

Even if an order to eliminate violations was issued after 24th February 2022, inspection of its compliance is not conducted if at least one of the following circumstances exists:

1. The real estate object is entered in the State Register of property damaged or destroyed due to the armed aggression of the Russian Federation.

2. The object is located in territories of active or possible hostilities or temporarily occupied territories (according to the Ministry of Development's list), where no end date for such actions or occupation is defined.

3. The property is located on land plots classified as risky farming zones.

4. The object is in territories included in the Register as contaminated or potentially contaminated with explosive devices.

These provisions effectively relieve businesses and citizens from administrative pressure on objects where conducting economic activity or eliminating violations is objectively impossible due to the war.

Permitted inspections and exceptions

The moratorium is not absolute. Unplanned inspections of legal entities, individual entrepreneurs, and individuals are allowed by court decision or at the request of the subject itself. When a person voluntarily wishes to undergo an inspection, including to confirm compliance with orders.

Also, inspection of compliance with administrative documents issued based on measures conducted no earlier than 24th February 2022, is possible (unless the object falls under the "immunity" of damaged property).

Unplanned measures are allowed by decisions of central executive authorities in case of threats to human life and health, state security, or the environment. Supervisory bodies are obliged to notify the relevant ministry of the inspection results within 15 days after such inspection.

Special status of the State Service of Ukraine on Food Safety and Consumer Protection

Resolution No. 904 separately defines the specifics of state supervision by the State Service of Ukraine on Food Safety and Consumer Protection. The restrictions provided by the document do not apply to a number of control measures critical for ensuring food, veterinary, and sanitary safety.

In particular, the State Service retains the authority to conduct inspections in the field of food safety and veterinary medicine when there is a threat to the life or health of people or animals, as well as for fulfilling Ukraine's international obligations.

Additionally, the service continues state control in quarantine and plant protection, seed production and nursery, as well as the use of genetically modified organisms in open systems.

A separate area concerns consumer rights protection and control over compliance with state-regulated pricing requirements, particularly in housing and communal services and widely used goods.

Important: a separate point (4-5) highlights control over the quality of food products for military personnel. If facts of non-compliance with quality requirements are established, posing a threat to the lives of servicemen of the Armed Forces of Ukraine, National Guard, State Border Guard Service, or State Protection Service, unplanned inspections are conducted by decision of the State Service based on requests from the Ministry of Defence and other law enforcement agencies.

Specific sectors not covered by the moratorium

The legislator reserved the right to control in sectors where risks are critical:

• Energy and utilities: by decision of the National Commission for State Regulation of Energy and Public Utilities (NERC) and State Energy Supervision.

• Media: by decision of the National Council on Television and Radio Broadcasting.

• Medicine and narcotic substances: quality of medicines and circulation of controlled substances.

• Education: fire and technogenic safety issues in educational institutions.

•  Gambling: by decision of the relevant agency.

Important: the provisions of the moratorium do not apply at all to inspections of state authorities, local governments, and other state institutions. The public sector remains under full supervision.

Practical consequences

One important innovation is establishing a direct link between entering data into the State Register of damaged and destroyed property and the possibility of conducting certain control measures. The presence of information about a damaged object in the register effectively creates additional legal guarantees for owners, limiting inspections regarding compliance with previously issued orders. This mechanism also encourages business entities to timely record war damages in official state registers.

At the same time, the resolution strengthens control in areas directly related to ensuring the country's defence capability. This approach aims to improve the efficiency of rear support under martial law conditions.

Overall, the changes demonstrate a clear distinction in state policy: on one hand, additional guarantees are introduced to protect owners of damaged property from excessive state interference, and on the other hand, control is maintained or even strengthened in areas directly affecting human life and health, food safety, medicines, compliance with state price regulation, and meeting the needs of the security and defence sector.

For business, this means the necessity to timely submit information about damaged property to the relevant state registers, as official recording of such circumstances can become an important legal guarantee during state supervision and application of legally provided restrictions on control measures.

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