Service of legal support of industrial park formation in Ukraine

Cost of services

Cost of services:

from 10 000 UAH
Documents Analysis
from 80 000 UAH
Audit and Concept
from 125 000 UAH
Full support
5.0
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Reviews of our Clients

What we offer

For initiators of the industrial parks:

  • We advise the Client on all issues related to the collection and preparation of documents for industrial park registration;

  • We develop and check for compliance with legislative requirements the concept of industrial park (hereinafter - IP), business plan of the management company, design and estimate documentation, etc;

  • We prepare a package of documents: an application for inclusion in the IP Register, a decision on its creation, and the concept of the park;

  • We submit the prepared documents to the authorized body;

  • We provide legal support for the tender for the selection of the management company;

  • We support the signing of contracts between the initiator of the IP and the management company, the management company and the IP members.

For (potential) members of the industrial park:

  • We check compliance of the industrial park with legal requirements (registration, concept, business plan, etc.);

  • We analyze/prepare agreements on the implementation of economic activities within the park;

  • We provide legal support for participation in the tender for the selection of the park’s member;

  • We conduct legal verification of title documents for the facilities proposed to a potential park member;

  • We analyze whether the park’s proposal meets the needs of the potential member;

  • We support the member’s activities within the industrial park.

For management companies:

  • We ensure the establishment of the management company;

  • We provide legal support for participation in the tender for the selection of the management company;

  • We advise on cooperation with the industrial park;

  • We conduct all contractual work between the industrial park and the management company;

  • We accompany the activities of the management company, establish legal interaction with the industrial park members.

Content

Documents required

List of documents
An application for inclusion of the park in the Register of Industrial Parks
An initiator’s decision on the establishment of an industrial park
The concept of an industrial park

What documents do you need to register an industrial park in Ukraine?

In addition to these documents, the list of documents also includes:

  • Extract from the State Land Cadastre regarding the land plot where the park will be located;

  • Documents confirming the title to real estate located on the land plot;

  • Name of the management company and the members (if any).

Choosing a land plot for an industrial park

The preparation of documents and registration procedures is preceded by the selection of the land plot where the industrial park will be located. In addition to the legal requirements for the plot (only industrial land suitable for specific use, no less than 10 hectares and no more than 1,000 hectares), the key issue will be the transparency of the legal history of the land. A quality legal audit at this stage will save you from potential risks in the future.

The concept of an industrial park and the process of its development

First of all, the initiator of the establishment of an industrial park must create and approve the concept of such a park. This document must specify:

  • the name of the park;

  • the initiator of its creation;

  • the purpose, objectives of its creation, as well as the functional purpose of the IP;

  • information about the land plot and the objects placed thereon;

  • the period for which the creation of IP is planned;

  • requirements to members;

  • information on the expected volume of consumption of energy resources and water (total), and so on. In addition, it is necessary to specify information on engineering and transport infrastructure and the plan of providing the park with appropriate resources;

  • the park development plan;

  • tentative financial, material, technical, labor, natural and other resources required for creation and functioning of the IP, as well as possible sources of their attraction;

  • a model of organization of the IP functioning;

  • the results expected from its functioning;

  • other information which the initiator of the park deems necessary to specify.

Our company provides services for the development of the Concept, its review and amendment. This is the document to which maximum attention will be paid, and which directly affects the success of the project.

Service packages offers

Start
from 10 000 UAH
  • analysis of the provided documents and needs of the Client
  • oral consultation of a lawyer based on the results of the analysis (legal opinion)
  • lawyer's recommendations and construction of the scheme of work (without details)
Audit
from 40 000 UAH
  • checking the compliance of the land plot with the legal requirements for industrial parks
  • if there is a real estate - checking its legal compliance with the purpose of creating an industrial park
  • legal audit of existing documents on the project of the industrial park (legal documents, contracts, business plan, etc.)
  • verification of compliance of the Industrial Park Concept with legal requirements
  • preparation of a written report on the results of the audit, which will include a description of risks and further recommendations ("road map")
Concept
from 50 000 UAH
  • preparation of the legal part of the concept of the industrial park
  • introductory consultation on legal requirements for the Concept (if necessary)
  • coordinate the collection of technical information on your part (for example, information on total energy consumption)
  • preparation of the text of the Concept taking into account the requirements of the Law of Ukraine "On Industrial Parks"
  • providing additional recommendations, if any, in the process of preparing the Concept
Audit + Concept
from 80 000 UAH
  • checking the compliance of the land plot with the legal requirements for industrial parks
  • if there is a real estate - checking its legal compliance with the purpose of creating an industrial park
  • legal audit of existing documents on the project of the industrial park (legal documents, contracts, business plan, etc.)
  • verification of compliance of the Industrial Park Concept with legal requirements
  • preparation of a written report on the results of the audit, which will include a description of risks and further recommendations
Additionally:
  • introductory consultation on legal requirements for the Concept (if necessary)
  • coordinate the collection of technical information on your part (for example, information on total energy consumption)
  • preparation of the text of the Concept taking into account the requirements of the Law of Ukraine "On Industrial Parks"
  • providing additional recommendations, if any, in the process of preparing the Concept
Top
Support
from 125 000 грн
  • legal audit of the industrial park projectmeeting with a professional lawyer (online or offline) if necessary
  • coordination of the collection of documents for the registration of the industrial park
  • preparation of the legal part of the Concept of the industrial park, the decision on creation of the industrial park, the statement on inclusion of the industrial park in the Register of industrial parks, other necessary documents
  • submission of documents to the Ministry of Economy
  • further communication with the authorized state body and interested central and local executive bodies (if necessary)
  • inclusion of the industrial park in the Register of Industrial Parks
  • development and support in the signing of the Agreement between the initiator of the FE and the management company of the Agreement on the establishment and operation of the FE

Terms and procedure of industrial park registration in Ukraine

The industrial park is registered in the register within 45 business days from the date of application to the authorized body.

First, such an application is considered by the authorized state body within 21 business days, and then this body submits a draft decision on the inclusion or refusal to include the IP in the Register to the Cabinet of Ministers of Ukraine.

The management company may be of any organizational and legal form, the industrial park concludes an agreement with it on the creation and operation of the park. The management company then administers the park and cooperates with its members.

Members conclude an agreement with the management company on carrying out business activities within the industrial park. A park member’s business must conform to the types of activity permitted by law, as well as to the concept of an industrial park.

No state fee for inclusion in the Register of Industrial Parks.

Why us

A full range of services for creating the IP
We can independently develop the IP concept, and then conduct the procedure of its inclusion in the appropriate registry. We can also help with other issues related to the creation and functioning of industrial parks in Ukraine.
Experience in supporting the creation of Industrial Parks
Despite the fact that the topic of industrial parks in Ukraine is relatively new, and there are not many of them, our experts already have sufficient competence in this area. We have prepared Concepts of 4 industrial parks in Ukraine, and helped to register them.
Business approach to the Client’s objectives
We understand the essence and goals of creating industrial parks, we follow the changes in legislation in this area, and can develop a balanced and forward-looking concept for the development of a particular project. Having clients in the sphere of processing and scientific and technical activities, we understand the specific needs of business better than others.
Understanding of foreign companies’ needs
Many of our clients are foreign businesses. Many years of cooperation with them gives us a comprehensive vision not only of business development in Ukraine, but also of the specifics of foreign capital entry into the domestic market.
Extensive real estate expertise
We conduct legal audits of real estate and industrial enterprises, accompany transactions in the land market, and advise construction businesses. The combination of expertise in this field with an understanding of the specifics of industrial parks makes our services unique.
Many years of experience with permitting documents
Despite the simplified regulation of work in the industrial park format, the law provides for a certain package of permits for its creation and operation. We know the procedure for obtaining them well, so we can fully accompany the launch of a business within an industrial park.

We are ready to help you!

Contact us by mail [email protected] or by filling out the form:

Conditions and requirements for the registration of an industrial park in Ukraine

An industrial park may be included in the corresponding Register, provided that at the time of inclusion there are no:

  • industrial facilities that were built and commissioned within the last 10 years before the decision to create the park was made;

  • production facilities that have been in operation for the last five years prior to that moment (with the exception of some facilities defined by law).

Initiators of the creation of an industrial park, as well as management companies and their members included in the Register of Industrial Parks, are provided with certain state incentives. Legislation in this direction is constantly being finalized, so specific advantages of an industrial park should be considered at the time the decision to create it is made. They may include:

  • compensation of the interest rate on loans for development and work within the industrial park;

  • non-refundable financial assistance for the construction of the industrial park and infrastructure;

  • tax and customs privileges.

Answers to frequently asked questions

May an industrial park be created on a leased land plot?

IPs may also be created on leased land plots, subject to such initiative of the lessee, and after making appropriate amendments to such Land Lease Agreement, as well as after the owner (lessor) has made a decision to approve the concept of such a park.

Can the initiator of the IP creation, if it is a legal entity of private law, be the management company of the IP?

No matter how illogical it may seem, an agreement on the functioning of the industrial park must be concluded between the initiator of the IP and the management company. The same company cannot conclude a contract with itself. Therefore, having become the initiator of the IP creation, this company can no longer become the management company.

Are there any requirements for the members of industrial parks?

As we describe below in detail, the law provides for requirements and restrictions for industrial parks and their members. In addition, the member’s business must conform to the concept of the industrial park.

May an industrial park be registered without an agreement with a management company?

Yes. At the time of submitting documents for the inclusion of an industrial park in the register, information on the management company and members is indicated only if there are any. However, if an agreement with a management company is not concluded within two years from the day the decision to create the park is made, this may become grounds for excluding the park from the register.

Conditions and procedure for selecting a management company for an industrial park. Determining the members of an industrial park.

If the initiator of the creation of the park is a tenant of the land plot, then it independently determines the management company, after which such a company notifies in writing the relevant state authority and local government body as well as the landlord no later than in 3 business days.

The choice of such a company is an important stage, since it is responsible for the development of the industrial park and the organization of its work.

The selection procedure depends on the ownership of the land plots where the industrial park is located:

  • If the park is located on the state or communal land, an open tender is held on the conditions provided by the Law of Ukraine “On Industrial Parks”.

  • If the land plot is private, the initiator can independently determine the selection procedure.

A member of an industrial park is a business entity, regardless of its form of ownership, which is registered on the territory of this IP (or within it). A member may be a person who has legally obtained the right to a land plot and/or other immovable property within the IP (or part thereof) and has signed an agreement with the management company to carry out economic activities within the park in accordance with its concept.

Such a person shall carry out activities exclusively in the field of processing industry, processing of industrial and/or domestic waste (except for waste disposal), as well as scientific and technical activities, information and telecommunication activities only on the territory of the IP.

A company may acquire the status of a member in the following cases:

  • conclusion of an agreement with a management company;

  • acquisition of the right of ownership of a certain property or part of the land plot of the IP.

Characteristics of the agreement on the establishment and operation of the IP, as well as the agreement on economic activity within the IP.

The terms of an agreement on the creation and functioning of an industrial park with two parties: the initiator and the management company of the industrial park. There is a model agreement approved by an authorized body.

As for the essential conditions, they include:

  • subject;

  • period;

  • information about the land plots;

  • the procedure and conditions for the activities of such a company in the territory of the industrial park (use of engineering and transport infrastructure, land plot);

  • the procedure and conditions for attracting members of the industrial park;

  • the procedure for reporting to the initiator.

The decision on the establishment, the concept and the business plan of the park are parts of the agreement. After the conclusion of the agreement, the initiator must notify the authorized body within three days of such action and the acquisition of the status of the management company by the legal entity.

The terms of the agreement on carrying out business activities within the IP with two parties: the management company and the company (the future member of the industrial park). There is no standard form of the agreement, but the Law of Ukraine “On Industrial Parks” stipulates essential conditions, namely:

  • types of activities;

  • preferences for employees-citizens of Ukraine;

  • term of validity;

  • the order of improvement of engineering and transport infrastructure facilities;

  • rights and obligations of the parties;

  • liability of the parties;

  • the dispute resolution procedure between them;

  • financial issues and investment obligations of the future member;

  • terms of extension and termination of this agreement.

Legal support for an industrial park in Ukraine

In addition to questions of creating and organizing the work of an industrial park, there is also a need for comprehensive support for its smooth operation.

For example, a management company is obliged to provide the initiator of the park with reports on its operation every six months, which are submitted to the authorized body. The absence of two consecutive reports may lead to the removal of the park from the register.

Our company offers you comprehensive services for further operation of the industrial park, including tax consulting, consultations of specialists in other fields of law, assistance in dispute resolution, etc. 

If you want to register an industrial park in Ukraine simply and safely, don’t hesitate to call us!

Our team

Marina Losenko
Associate