Finance and legal area

This area of work of the Association covers projects that help protect the IT business.

These are, first of all, lobbying the interests of the IT industry in the field of taxation, counteracting the abuse of representatives of regulatory and law enforcement agencies, helping companies to establish a constructive dialogue with the authorities.

Projects

Diya.City Legal Support

Diya.City Legal Support is a project of legal support for IT Ukraine members who are already residents of Diya.City, ready to become them or are considering such an opportunity.

Goals:

  • Expert assistance to companies - candidates for joining Diya.City
  • Legal services for companies - residents of Diya.City
  • Assistance in communication with the Ministry of Digital Transformation on the issues related to Diya.City
  • Participation in improving the legislation on Diya.City

Project leadership:

Konstantin Vasyuk, Executive Director of IT Ukraine

Yefrem Lashchuk, IT Ukraine Director of Political and Legal Affairs

Our experts:

  • Kateryna Oliynyk, ARZINGER
  • Vitaliy Odzhykovskyy, SAYENKO KHARENKO
  • Oksana Petrus, ALCOR
  • Larysa Antoshchuk, ASTERS
  • Max Lebedev, GOLAW

More information:  https://dcls.itukraine.org.ua

Cooperation with the Government and the Parliament

  • Diia.City, a virtual economic zone with a special tax, financial and legal regime. The project is being developed by the Ministry of Digital Transformation. The Association is not directly involved in its development, but actively cooperates with the Ministry in preventing the creation of conditions that may adversely affect the conduct of IT business in Ukraine.
  • The Association actively participated in the development of the draft law on the establishment of the Bureau of Economic Security of Ukraine (№ 3959-1 of 25.08.2020). Many of our proposals and comments on the bill were taken into account by the deputies.
  • The Association initiated the draft Law on Amendments to Certain Legislative Acts to Simplify the Regulation of Labor Relations in the Sphere of Small and Medium-Sized Enterprises and Reduce the Administrative Burdens on Entrepreneurial Activity (№ 5371 of April 13, 2021).
  • The Association assisted the Cabinet of Ministers of Ukraine in developing a State Economic Stimulus Program to overcome the negative effects of restrictive measures to prevent the emergence and spread of coronavirus disease (COVID-19) for 2020-2022 in terms of measures to support the IT sector of the economy.
  • The Association provided expert support to the developers of the Export Strategy of Ukraine from the Ministry of Economic Development and Trade.
  • The Association took an active part in the development of the draft Labor Law (reg. № 2708 from 28.12.2019).
  • Bill "FOP-5" (reg. № 10094 from 26.02.2019) was developed by the Association as a reaction to the actions of the authorities to limit the ability of IT companies to cooperate with individuals - entrepreneurs. It is registered in the parliament under the title "On Amendments to the Tax Code of Ukraine (regarding the development of creative industries in Ukraine)".

Community meetings

Meetings of the community take place regularly. Each meeting must have a program and a list of issues to discuss. After each meeting, we form a plan for further actions and closely monitor its compliance.

Interaction with the most influential public organizations and business associations

The Association has many years of experience in cooperation with the European Business Association (EBA), the American Chamber of Commerce in Ukraine (ACC), the Ukrainian Business Council (URB) and the Union of Ukrainian Entrepreneurs (SUP).

The result of the cooperation was lobbying for the adoption of the Law on Amendments to the Tax Code of Ukraine and other laws of Ukraine on additional support for taxpayers for the period of measures aimed at preventing the occurrence and spread of coronavirus disease (COVID-19).

Lobbying for strategically important initiatives for the IT industry in the context of the global economic crisis

Such initiatives are primarily "anti-crisis" measures developed by the Association and aimed at creating favorable conditions for doing business in Ukraine during the global economic crisis:

  • Prohibition on the creation of new state institutions to regulate the IT industry and the introduction of additional regulation of the economy, especially on export IT;
  • Ban on raising taxes for the IT industry, as well as changes in existing tax conditions;
  • Providing opportunities for IT companies to cooperate with IT professionals who provide them with services as sole proprietors, without the risk of reclassification of such cooperation in a hidden employment relationship;
  • Protection of the right of IT specialists to freely choose cooperation with legal entities (this should be not only labor relations but also relations between sole proprietors and legal entities);
  • Prohibition on inspections of the State Labor Service of IT companies in cases where there is no application of an individual for violation of labor legislation;
  • Modernization of domestic labor legislation;
  • Launch of a campaign and state program to attract foreign IT specialists to the country. Development of a set of measures within the program, such as visa facilitation and issuance of residence and employment permits, simplification of certain procedures in the migration service, the possibility for foreigners to provide services as a sole proprietor, paying a single tax, providing certain tax benefits, etc.;
  • Development of a mechanism of public-private partnership in the field of education and formation of state order for admission and graduation of IT specialists with higher education following market needs.
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