Automatically translated version. May contain inaccuracies compared to the original.
Against the backdrop of the ongoing Russian attack on Ukrainian businesses, the media have reported the possible inclusion of Kyiv and Kyiv region in the list of frontline territories. This could, in particular, open up access to preferential lending for businesses and shorten the timelines of certain procedures.
According to a number of media reports, the cabinet of ministers may already in September adopt a decision to grant Kyiv and the region frontline-territory status. In particular, as deputy chair of the Verkhovna Rada committee on human rights Ruslan Gorbenko noted (link), the preparation of the relevant resolution began after the first strikes on the food warehouses of companies in the capital region. It is also known that the Ministry of Economy is working on amendments to Resolution No. 1541, which propose including the capital and the region among territories with elevated risk within the state program for insuring war risks. – If Kyiv and Kyiv region receive frontline territory status, what specific changes could this mean for the capital’s businesses? What privileges, support mechanisms, or additional opportunities may be available to enterprises precisely in connection with this status? – The main privilege or impulse for processes of recovery and business operations is the compensation of the interest rate. If Kyiv and Kyiv region obtain such status, then under the program 5-7-9, the interest rate will be within 1% per year in hryvnias. These funds are for replenishing working capital as well as for recovering destroyed property. We believe this is the main criterion that could be. Regarding other advantages — it is hard to speak of advantages themselves, because these are, of course, very big problems. But even obtaining all the permits and going through procedures could be shortened in terms of timelines. This is also a major advantage. Second — obtaining documents recognizing force majeure or hardships due to non-fulfillment of contract terms could also fall under this category. This could help prove the impossibility of fulfilling contractual obligations to suppliers, counterparties, or banks. I named three criteria that enable business to continue operating. These are the privileges that could become an important support for business. – Ministry of Economy is preparing amendments to the KMU No. 1541, through which Kyiv and Kyiv region are planned to be included in territories of elevated risk within the war risk insurance program. What will this practically mean for enterprises operating in the capital and the region? Will they be able to access insurance premium compensation and other mechanisms provided by the program on the same terms as businesses in current high-risk territories? – The most important thing is the source of insurance premium compensation. Let’s be frank: currently there is no war risk insurance mechanism in the form it should function. The basis of war risk insurance is reinsurance. These are reinsurance companies, mostly foreign, that can actually take on war risk. Such risks are practically not taken on by anyone now because Kyiv and Kyiv region are the center of terrorist attacks on business. This includes warehouses and retail. Therefore no insurance company can take on real insurance risk, since the insurance rate cannot cover billions of hryvnias of destroyed property. Moreover, foreign insurance and reinsurance companies such as Lloyd’s, Munich Re do not take on such reinsurance risks. Therefore this resolution may declaratively provide something, but it does not guarantee and does not compensate the costs that business may incur. We positively assess the government’s efforts to work for business regarding compensation and insurance. But today we do not see a real mechanism of protection and compensation for destroyed business property. – Will frontline-territory status affect the ability of enterprises to receive compensation for damaged or destroyed property as a result of Russian attacks? Is the mere fact of location in a territory with the corresponding status enough? – The frontline status of Kyiv and Kyiv region does not affect compensation for economic losses of business. There is a register of losses, which has already started operating. It works across Ukraine and does not depend on whether the territory has frontline status. There are no such criteria. This register is being formed and reflected in the general register kept by the relevant European institution. Therefore there are no such privileges. – So, as before, one will need to prove specific circumstances and the amount of losses? – Yes. This must be proven in accordance with the law in each specific case. There is a procedure: conclusions from the State Emergency Service, National Police, expert reports on economic and property losses. Then this package of documents is submitted to the losses register, which is analyzed by the Ukrainian register and automatically transfers information to the international losses register. The frontline-territory status does not affect timelines or content of this process. – Will including Kyiv in the list of frontline territories affect the ability to confirm force majeure? Specifically, can the mere fact that the enterprise is located on such territory serve as an additional confirmation of force majeure, or must the enterprise in each case prove the direct impact of a particular attack, damage to property, prolonged air raid siren, or another circumstance on the performance of a specific obligation? – A company must prove force majeure individually in each case in accordance with the contract in force. If property is destroyed, this must be proven. No frontline-territory status provides any privilege in this regard. – Could such status have not only advantages but also negative consequences for business? In particular, could it affect insurance terms, lending, contract performance, relationships with counterparties, or other aspects of economic activity? – In fact, Kyiv and Kyiv region have been frontline zones since the very beginning of the full-scale invasion. Put differently, we all know this and work under such conditions. Therefore, business remains in a high-risk zone. This means higher loan rates because banks price in their risks, and the very assessment of these risks, and the impossibility of obtaining and attracting loan resources. Banks clearly understand that in this zone they, for example, will not lend for warehouse construction, retail, large facilities, etc. Therefore, this is already a potential economic loss and leads to the impossibility of implementing new business projects and financing existing ones. This is a big problem.
Read also: Force majeure does not save you from debts. How war damages drive businesses to bankruptcy
Document: PDF proof of the original version of the news item "Статуси прифронтової і "ризикової" території для Києва: які переваги та виклики для бізнесу". It records the publication content at the moment of the first scan, the preservation date and the source: RBC-Ukraine.