Protection of foreign investments in Ukraine - that minimum that should know a foreign investor
(April 2013)

Author: Ksenia A. Kuptsova,
The Director of the Customs & Corporate Lawyers Ukraine

In accordance with the legislation of Ukraine enterprise with foreign investments is an enterprise (organization) of any legal organizational forms, created in accordance with Ukrainian legislation, foreign investment in the Charter capital, if it has that, is at least 10 percent.

For foreign investors on the territory of Ukraine establishes a national regime of investment and other economic activities, except as provided by the legislation of Ukraine and international agreements of Ukraine. Foreign investments in Ukraine are not subject to nationalization. Public authorities have no right to confiscate foreign investments, except in cases of rescue actions in case of natural disaster, accidents, epidemics, epizootics.

Foreign investors are entitled to reimbursement of losses, including lost profit and moral damage caused to them in view of actions, inactivity or inadequate performance of the Ukrainian state authorities or their officials stipulated by the legislation of duties respect to a foreign investor or enterprise with foreign investments, in accordance with the legislation of Ukraine.

In case of termination of investment activity, the foreign investor has the right to return not later than six months from the day of termination of the activities of its investment in kind or in the currency of the investment in the amount of actual contribution (with the possible decrease of the authorized capital) without taxes, as well as income from the investment in money or goods, at the real market value at the moment of termination of investment activity, unless otherwise provided by legislation or international treaties of Ukraine.

Foreign investors after payment of taxes, dues and other obligatory payments are guaranteed unhindered and immediate transfer abroad of their profits, incomes and other funds in foreign currency, obtained legally because of foreign investments.

The procedure for remittance abroad of profits, incomes and other funds, obtained as a result of investment activities is determined by the National Bank of Ukraine.