Asset Protection, Compensation, and Investments: Key Legal Tools for Business Protection During War
In Ukraine, businesses continue to operate amid a full-scale war, facing funding shortages, security risks, regulatory uncertainty, pressure from supervisory and law enforcement agencies, as well as prolonged court proceedings. The National Association of Advocates analyzed legal tools that can help enterprises preserve assets, protect investments, document risks, and recover damages caused by the war.
Risks for Investors
Among the key challenges for businesses remain damage compensation, voluntary war risk insurance, maintaining investment activity in affected areas, protecting the rights of owners and investors, transparency of supervisory authorities, and the effectiveness of the judicial system.
Special attention was given to the investment climate. According to legal experts, foreign investors are deterred not only by war risks but also by currency restrictions, capital repatriation issues, insurance and compensation mechanisms, access to land resources, investment control, corporate governance, and predictability of state regulation. At the same time, Ukraine retains significant investment potential, but attracting capital requires strengthening trust in the legal system and state institutions.
How Businesses Can Protect Their Assets
One of the important tools for business protection is proper documentation of circumstances even before disputes arise. In particular, enterprises are advised to record changes in contract execution conditions, confirm force majeure circumstances, obtain price references, and other documents that can be used to protect interests in the future.
Attention is also drawn to the need to timely form an evidentiary base in the field of public procurement and defense contracts. This helps minimize risks during inspections or court disputes.
Compensation for War-Related Damages
Lawyers note that many companies do not seek protection due to the complexity of procedures or lack of understanding of compensation mechanisms. Meanwhile, judicial practice regarding damage recovery is gradually forming in Ukraine, and possible protection directions include claims not only against the aggressor state but also against persons subject to sanctions.
In addition to direct damages and lost profits, businesses are advised to consider the loss of value of corporate rights, which may arise due to destruction or suspension of enterprise activities.
A separate challenge for entrepreneurs remains the length of court proceedings. According to data presented during the discussion, by the end of 2025, about 70 thousand disputes with tax authorities totaling 477 billion UAH were pending in courts. A significant portion of these cases remains unresolved. The NAAU notes that prolonged court processes lead to capital freezing, complicate investment attraction and lending, and increase business costs.
Prospects for Veteran Business in Ukraine
Additionally, the association analyzed the prospects for the development of veteran entrepreneurship. It is emphasized that this sector is gradually becoming an important component of the economy and a factor in supporting the country's defense capability.
Legislation provides a number of support mechanisms for veteran businesses, including financial assistance, grants, interest compensation on loans, support for leasing and factoring payments, as well as access to state and municipal property. At the same time, some mechanisms still require regulatory adjustment.
The NAAU believes that effective business protection during wartime requires a combination of judicial, compensation, and preventive legal mechanisms, as well as strengthening cooperation between the state, entrepreneurs, and the professional legal community.
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