Ukraine

Dmytro Hruba, Attorney at Ilyashev & Partners Law Firm  As Ukraine recovers and rebuilds amid war, its real estate and land markets present unique opportunities for foreign investors – especially in logistics, infrastructure, agriculture, and humanitarian operations. Yet these opportunities come with regulatory complexity, legal restrictions, and evolving risks. This guide outlines the legal landscape for foreign investment in Ukrainian real estate and land, offering practical strategies for ownership structuring, risk mitigation, and legal due diligence. Ownership Rights: What Foreigners Can and Cannot Acquire Foreign individuals and companies may freely acquire residential and commercial real estate in Ukraine, including apartments, office buildings, hotels, warehouses, and retail premises. However, the acquisition of agricultural land is prohibited for foreign nationals and foreign-owned companies under current legislation. Key rules: Since July 2021, Ukrainian citizens have been allowed to purchase up to 100 hectares of agricultural land. As of January 2024, Ukrainian legal entities (with exclusively Ukrainian shareholders) can purchase up to 10,000 hectares. Foreigners can only acquire agricultural land if a national referendum permits it—a referendum that is currently not planned. Alternative options for foreign investors include long-term land leases (up to 50 years), but such models offer limited control and carry legal risks. At Ilyashev & Partners, we regularly assess these alternative structures for compliance and asset protection. Legal Due Diligence: Verifying Title and Ownership Before entering any real estate transaction, comprehensive due diligence is critical. This process should verify the seller’s rights, property encumbrances, intended land use, and potential litigation. Core sources of verification: State Register of Real Rights to Immovable Property (SRRR) State Land Cadastre Unified State Register of Court Decisions Local zoning plans and territorial documents Archival and urban planning cadastres We recommend detailed legal due diligence not only on the property but also on the seller and related litigation risks. Structuring the Deal: Safe Acquisition Models In practice, there are many ways to acquire ownership of land or real estate, including direct purchase of assets and acquisition of corporate rights of legal entities that own land or real estate etc. Each method may be appropriate and used under certain conditions, and must undergo a detailed due diligence. However, the safest option is always to acquire title to land or real estate through direct purchase based on a sale and purchase agreement. It should be remembered that in Ukraine, agreements for the sale and purchase of real estate, including land plots, are subject to notarization, and ownership of such assets arises from the moment of registration of such title in the SRRR. Such registration is carried out by a notary at the same time as the notarization of the sale and purchase agreement, thereby fulfilling the principle of the inseparability of notarial and registration actions concerning real estate to minimize risks for the buyer. In the purchase and sale agreement, we recommend paying special attention to the representations and warranties of the parties, the terms of payment, the liability of the parties in case of a breach of the agreement, etc. To increase the level of control over the deal, we also always recommend that real estate buyers consult with trusted notaries. Construction and Development Approvals A common form of land use for foreigners is leasing, especially for construction projects, although not exclusively. In agriculture, this is almost the only adequate alternative to ownership. In this regard, it should be noted that land leases can be quite long-term, with the law stipulating that such agreements may be concluded for up to 50 years. When preparing and agreeing on a land lease agreement, we recommend paying special attention to the representations and warranties of the parties, land use and payment terms, the liability of the parties in the event of a breach of the agreement, the procedure, and other issues related to early termination of the agreement, etc. Notably land lease agreements are not subject to mandatory notarization, but in some cases, we recommend that our clients use this option and have the agreement notarized. It is also important to register the leasehold in the SRRR, as the law links the creation of the leasehold to the moment of such registration. As for public or communal land, as a general rule, it can only be leased on a competitive basis through public tenders (auctions). The law also provides for a number of exceptions to this rule, the list of which is quite extensive. The assessment of the grounds for obtaining public or communal land for lease without a tender must be carried out before its acquisition in order to avoid further claims from the regulatory authorities and loss of land rights. Construction Permits & Urban Planning Restrictions If the purpose of acquiring or leasing a land plot is for further development, the investor must ensure that the specific land plot allows for the implementation of the future construction project before acquiring it and, of course, before starting construction. In this regard, it is particularly important to check and clarify the following: Information on the intended use of the land plot and permitted types of use. The presence and nature of restrictions on the use of the land plot, etc. (requirements for the type of development, number of stores, etc.). The functional purpose of the territory within which the land plot is located. Compare the above information with the development plans. In this regard, it is necessary to examine the documents for the land plot, information from the State Land Cadastre, the State Urban Planning Cadastre, and review local urban planning documentation (general plan of the settlement, zoning plan, detailed plan of the territory, the Comprehensive Plan for Spatial Development of the Territories (CPSD), etc.). If, as a result of the above analysis, it can be concluded that the land plot parameters and the future development plans are in line with each other, you can proceed to the procedures for obtaining a construction permit. Depending on the purpose of the development, it may be necessary to obtain technical conditions for connecting the future object to utilities, urban planning conditions, and restrictions on the land plot, etc. These documents are usually necessary for construction design. The next necessary step may be to obtain a positive expert opinion on the construction project. The final stage before the start of construction work is obtaining the appropriate permit to perform the work from the authorized state body. Depending on the construction project, the list of documents may vary in scope. The need or lack of need to obtain certain documents should always be assessed in the context of the specific project. However, for any construction project, the final stage will be the acceptance of the completed objects into service and the subsequent registration of ownership rights in the SRRR. Risks of Hidden Ownership and Support for Transactions with Corporate Entities In Ukraine, foreign investors sometimes choose indirect or hidden ownership of assets through nominal owners, partners or multi-level corporate structures. This approach may seem convenient for optimizing management or circumventing certain legal restrictions, yet it creates a number of serious risks. Main threats: Loss of assets due to claims by state authorities. For example, if a competent government agency discovers that a foreigner is illegally owning (directly or indirectly through a corporate entity) agricultural land, it may apply to the court to confiscate the land. Loss of control over the asset. Risk of hostile takeover. If the property is legally registered to a third party (e.g., a local partner), the actual investor risks losing real control in the event of a conflict or breach of agreement. If the investor holds no legal title to the asset, it will be almost impossible to protect it from such a takeover. Difficulty of protecting rights in court. The hidden owner often has no direct legal grounds to apply to the court or state authorities. This makes it much more difficult to regain control over the asset. Red Flags in Real Estate Transactions Real estate transactions in Ukraine may involve a number of hidden risks. Identifying such risks at the stage of checking the property or counterparty allows you to prevent financial losses and legal disputes in a timely manner. The most common risks include: Significant discrepancies between the documents for the real estate property and the information in the SRRR. The owner does not have a complete set of title documents. Suspicious chain of owners, frequent changes of owners without logical and economic justification. Errors or unauthorized corrections in purchase and sale agreements or technical documentation, technical documentation. Encumbrances and legal disputes, mortgages, seizures or prohibitions on alienation; pending legal proceedings in relation to the property or its owner; Third-party claims that may challenge the ownership. Land issues, such as lack of registered land use rights for the property. Lack of a cadastral number or errors in land documentation; Conflicts regarding the intended use of the land and the actual development plans (e.g., use of land for the construction of individual residential buildings (private plots) for multi-storey apartment buildings without changing its intended use). The above are typical risks that most often occur in real estate transactions. However, this list is not exhaustive, and a thorough due diligence of a specific property and seller will allow you to identify the risks specific to a particular transaction. Ignoring the signals identified during the legal due diligence may turn an investment into a long-term dispute or a loss-making asset. Dispute Avoidance and Protection Disputes in the real estate sector have been and remain widespread in Ukraine. The most common disputes concern the performance of purchase and sale or lease agreements, their invalidation, or the recovery of property, the legality of construction, etc. In the agricultural sector, disputes with landlords regarding the performance of lease agreements or their termination are also common. Following these recommendations during the preparation stage of a deal by conducting a full due diligence, structuring the deal, assessing future development plans, and developing appropriate protection mechanisms to minimize risks will help avoid negative consequences associated with complaints from regulatory authorities or counterparties. Case Snapshot Ilyashev & Partners Law Firm handles numerous cases where clients, during the preparation stage of a deal, request due diligence of real estate or land, assessment of future development plans, land use, etc. Recently, an international humanitarian organization sought legal advice from Ilyashev & Partners Law Firm regarding the acquisition of real estate for its activities in Ukraine. Several sites were rejected following due diligence; safe acquisitions were successfully completed. Ilyashev & Partners Law Firm also advised an agricultural producer founded by a foreign citizen on the regulation of land relations. We conducted a detailed due diligence of the current land relations and assisted in reviewing and restructuring land use arrangements in compliance with Ukrainian law. Tax Considerations Real estate and land transactions trigger tax obligations that vary depending on asset type and party structure. Assessing the types and amounts of future taxes and related payments will be most effective when taking into account the specific project, as well as the possibility of applying certain tax exemptions and preferences. Strategic Entry into Ukraine’s Real Estate Market Ukraine’s real estate market remains open, with the exception of agricultural land ownership. Foreign investors benefit from low entry costs and long-term growth potential but must navigate legal restrictions and wartime regulations. To succeed, foreign investors must: Conduct full legal due diligence Structure transactions to ensure compliance and protection Rely on experienced local counsel familiar with real estate, land, and construction laws With the right legal strategy, Ukraine offers significant real estate opportunities for foreign investors ready to act with foresight and precision. Ilyashev & Partners is one of the most reputable and experienced law firms in Ukraine, with recognized expertise in real estate, land law, complex litigation, and regulatory matters. Our team advises international investors, development agencies, and corporate clients on structuring land and real estate transactions, conducting legal due diligence, resolving disputes, and ensuring full compliance with Ukrainian law. To learn more, please visit the Ilyashev & Partners Law Firm website or contact Dmytro Hruba directly.

Corporate PPAs (Power Purchase Agreements) are gaining popularity not only worldwide, but also in Ukraine. These are direct contracts under which electricity from renewable sources is sold not to the government, as was the case under the “green” tariff, but directly to private companies – end consumers. EU countries and the US have been moving away from government subsidies for renewable energy in favor of market mechanisms for a while now. According to BloombergNEF, 183 corporate PPAs were signed in the US in 2024 alone – nearly twice as many as the previous year. For Ukraine, this model is especially relevant given that the “green” tariff is only valid until 2030 and no longer applies to new industrial facilities (except in a few cases explicitly set out by law). It’s also becoming more attractive due to the ongoing financial instability in the energy sector. Benefits of PPAs in the Ukrainian Context Corporate PPAs primarily provide predictability and stability. These contracts are typically signed for 10 to 20 years and lock in the electricity price, helping businesses avoid market fluctuations. Beyond price stability, long-term PPAs also ensure a reliable power supply – a crucial factor given Ukraine’s recent energy challenges, especially after years of widespread blackouts. PPAs also serve as confirmation of a project’s financial viability, which is key for banks and investors when deciding on funding. For businesses committed to sustainability, PPAs help reduce CO₂ emissions, improve ESG ratings, and enhance corporate reputation. On top of that, they open the door to instruments like guarantees of origin and carbon credits – and that’s just the beginning. Regulatory framework: is it already working? Law No. 3220-IX has enabled renewable energy producers to enter into bilateral agreements without mandatory auctions. Regulatory restrictions on the term of such agreements have also been lifted, allowing long-term contracts to be signed even at the project development stage. Producers can leave the Guaranteed Buyer balancing group and operate on the open market, while retaining the right to return to the state model. Therefore, the legal landscape is already in place – all that remains is to use it effectively. ESG, guarantees of origin, carbon credits – how does this relate to PPAs? Guarantees of origin are electronic documents that officially confirm electricity was generated from renewable sources. This mechanism is already in place in Ukraine and is essential for access to EU markets. ESG principles refer to a business’s responsibility in environmental, social and governance matters. Investors and partners are increasingly demanding compliance with these standards – and purchasing electricity from renewable energy sources through PPAs is a concrete way to confirm your environmental friendliness. Carbon credits or emissions trading system – a system in which companies receive CO₂ emission limits: surpluses can be sold, shortages can be purchased. From 2025, Ukraine will reinstate the obligation to report emissions, and the launch of the emissions trading system itself is expected in 2028. Accordingly, entering into PPAs with renewable energy producers allows businesses to meet ESG requirements, obtain guarantees of origin, and prepare for new climate regulatory requirements. Practical aspects of concluding a PPA After considering the general principles of corporate PPAs, it is worth moving on to the the practicalities of putting them into action. First of all, this concerns the terms and conditions of the sale and purchase of electricity, which must be clearly regulated in the contract. If the electricity seller operates under the PPA model, it is important to stipulate in the contract the buyer's obligation to purchase the entire volume of electricity produced, except for that consumed for the station's own needs. The actual conclusion of the contract for a specific trading day is confirmed by the synchronous submission of identical daily volumes of electricity through the electronic platform of the transmission system operator – NPC Ukrenergo. In this regard, the contract must provide for an agreed procedure for coordinating the daily supply schedule, specifying the deadlines, responsible persons and methods of communication. Equally important is defining the moment when ownership of the electricity is transferred. In Ukrainian practice, this usually happens when the transmission system operator confirms the registration of the contract. From this moment, all risks associated with the ownership, use and disposal of electricity, as well as responsibility for compliance with market rules, are transferred to the buyer. Pricing within the PPA is one of the most sensitive issues. Usually, a model based on the day-ahead market is used, with simultaneous determination of price limits – minimum and maximum. This allows maintaining a balance between protecting the interests of the parties and flexibility in market conditions. The contract should also clearly outline the timing and procedure for payments, in line with tax law requirements. Given the long-term nature of PPAs, it is worth providing for the seller's right to temporarily suspend electricity supply in the event of a breach of payment discipline, failures in volume registration or default by the buyer. The conditions for such suspension must be clearly spelled out and agreed upon by the parties in advance. The contract separately regulates both planned and emergency maintenance – including notification procedures, shutdown schedules, and deadlines for resolving technical issues. This helps avoid disputes and interruptions at the energy facility. The parties must hold all licenses, agreements, and technical documents required under the Electricity Market Rules. It is also necessary to provide for the seller's right to suspend electricity supply in the event of disruptions in the transmission or distribution system, including during maintenance, without applying sanctions. Particular attention should be paid to regulating liability for imbalances – the financial consequences of deviations between the forecast and actual volume of electricity supply. Moreover, the issue of regulating imbalances is an essential condition of the contract. There are also specific points to consider around the contract duration. It all depends on the stage of project implementation. While the agreement is formally in force from the date of signing, actual electricity delivery usually begins only once the facility has been commissioned for commercial operation – that is, once all technical conditions have been met and supply can physically take place. Altogether, these provisions form the backbone of a well-functioning and predictable corporate PPA. Challenges and solutions Despite its benefits, the PPA market in Ukraine still faces a number of challenges. The biggest issue is the lack of a guaranteed long-term buyer (offtaker) willing to purchase large volumes of electricity. Green auctions have not been implemented at scale, and the private PPA market is developing slowly due to a shortage of creditworthy buyers. In particular, green auctions with state support do not enjoy investor confidence, due to both procedural imperfections and the risk of non-fulfilment of obligations on the part of the state. The current “contract for difference” model used in green auctions is unattractive to investors, as auction prices are often lower than market prices. The “contract for difference” mechanism provides that the state guarantees a fixed price to the producer, compensating for the difference in the event of a market decline. A transition to a “market premium” model is being discussed, where the producer sells the electricity itself and the state only pays extra when prices are low. Let us turn our attention to quotas. Investors working in Ukraine have much larger construction projects than the quotas currently offered in auctions. This significantly reduces the possibility for large projects to win. Conclusion Corporate PPAs are not just a trend, but a real tool for transitioning to a sustainable, competitive and energy-independent economy. They open up new opportunities for both energy producers and consumers, allowing them to combine economic efficiency with social and environmental responsibility. A well-structured agreement, supported by professional guidance, is the key to making the most of this instrument in the Ukrainian context. Authors: Oleksandr Melnyk, Partner at GOLAW, Head of Corporate Law and M&A practice, Attorney at law; Khrystyna Zimenko, Associate at Corporate Law and M&A practice at GOLAW; Vladyslava Zaichko, Paralegal at Corporate Law and M&A practice at GOLAW.

On 5 August 2025, the National Bank of Ukraine adopted resolution No. 95, which significantly amends the rules on foreign exchange operations for corporate clients and foreign investors. Key changes in foreign exchange regulation Resolution of the NBU board No. 95 of 5 August 2025 marks another step is easing the wartime foreign exchange restrictions introduced by resolution No. 18 of 24 February 2022. The new rules are aimed at stimulating investment and increasing the foreign exchange flexibility of Ukrainian businesses, while maintaining the necessary control mechanisms. Dividend repatriation One of the most important innovations concerns the payment of dividends abroad. Residents will now be able to partially repatriate dividends for the period of activity starting from 1 January 2023. The monthly limit of EUR 1 million remains unchanged. According to the NBU, the current overall limit prevents a significant increase in demand for foreign currency, while allowing dividend repatriation will strengthen foreign investors’ confidence and stimulate the inflow of new capital into Ukraine. Funds transferred abroad in the form of dividends may also be used for other purposes, including repayment of debt obligations. New risk management instruments Resolution No. 95 considerably expands the possibilities for forward transactions. First, clients are now entitled to sell foreign currency to banks for hryvnia on forward terms without the need for physical delivery of the underlying asset. Second, residents are permitted to purchase foreign currency from a bank on a forward basis for the purpose of hedging exchange rate risks in import transactions. At the same time, restrictions have been set for banks: they may not increase their net long foreign currency position, so such forward transactions are possible only within the amount of currency the bank has itself purchased on a forward basis from its clients. These innovations provide corporate clients with more tools to manage currency risks but also require the establishment of internal accounting and control for forward contracts. Simplification of international settlements Following the amendments, residents and non-residents may return erroneously credited foreign currency funds within three working days of the bank receiving the relevant notice. This increases the confidence of foreign partners, as their funds will not be blocked without the possibility of return. The establishment of a three-day period for returning erroneously credited foreign currency significantly improves the predictability of foreign exchange operations and reduces reputational risks for banks. This change sends an important signal to foreign partners about the normalisation of foreign exchange regulation and alleviates concerns about the “freezing” of assets in the event of technical errors. Greater flexibility in servicing external credits The approach to servicing external borrowings has been substantially revised. Now, under loans from a pool of foreign creditors, enterprises may repay debt not only in favour of IFIs but also to other participants, namely first-tier banks with a rating of at least “A”. This change creates greater flexibility for Ukrainian enterprises in structuring external debt and may contribute to diversifying funding sources, potentially reducing the cost of borrowing through competition, and simplifying debt repayment procedures. At the same time, the imposition of strict rating requirements may limit the range of available banks, especially under martial law, when bank ratings may be downgraded due to war-related risks. Conclusions NBU resolution No. 95 is an important step in the liberalisation of foreign currency regulation, providing businesses with more management. The innovations are particularly beneficial for companies with foreign investors and those actively operating in international markets. However, successful use of the new opportunities requires careful planning, compliance with documentation requirements, and regular monitoring of regulatory changes. Companies should promptly adapt their internal processes to fully benefit from the liberalisation of foreign currency restrictions. Authors: Oleksandr Melnyk, Partner, Head of Corporate Law and M&A practice at GOLAW, Attorney at law; Oles Riabchuk, Senior Associate at Corporate Law and M&A practice at GOLAW, Attorney at law; Yaroslav Maltsev, Paralegal at Corporate Law and M&A practice at GOLAW.

Ukraine`s public procurement market presents significant opportunities for international businesses, especially in light of the country`s current need for recovery and its integration with the European Union. The procurement system is designated to ensure transparency, competition and equal access for both domestic and foreign bidders. Public tenders in Ukraine can be broadly divided into 2 categories: Those financed by state and municipal budgets, which are regulated by national legislation and conducted through the electronic procurement system ProZorro, and Those financed by international financial institutions (IFIs), such as the European Investment Bank, IBRD, EBRD, which are governed by the procurement rules of these institutions. This article provides an overview of the legal framework and practical aspects of both procurement regimes in Ukraine, addressing state-powered tenders and those governed by IFI rules. State-financed public procurements State-financed procurement in Ukraine is regulated by the Law of Ukraine «On Public Procurement», which governs the acquisition of goods, works, and services funded from state and local budgets, as well as by the state-owned enterprises. This law, harmonized with EU public procurement standards under the EU – Ukraine Association Agreement, enshrines the principles of fair competition, transparency, non-discrimination, and the efficient use of public resources. ProZorro electronic procurement system As defined by the law, all state-financed procurements are carried out through the electronic procurement system ProZorro, which operates on the principle «so that everyone sees everything» and guarantees open access to all tender-related information at every stage of the process. The system is built around a central state-owned database, ProZorro, which collects and publishes all procurement data. Access to this database for the bidders is provided exclusively through 12 accredited electronic marketplaces, where bidders can register, search for tenders, submit proposals, and communicate with contracting authorities in a fully transparent and competitive environment. Types of procurement procedures The law provides for several procurement procedures, applied depending on the value of the contract, complexity and specific circumstances. One can distinguish the following types: Open tender: the primary and most competitive procedure provide by the law. It requires public announcement through the ProZorro system and unrestricted participation of all interested bidders, with proposals evaluated against predefined criteria. Restricted tendering: the two-stage procedure, applied when a prior qualification of bidders is necessary. At the first stage, the contracting authority conducts a qualification selection to identify candidates meeting predefined criteria, and only those shortlisted are invited to submit full tenders at the second stage. Simplified procedure: is a streamlined procedure, applied to purchases below the statutory threshold. Competitive dialogue: another two-stage procurement procedure used when the contracting authority cannot clearly define the technical specifications or the nature of the required services and has to consult potential suppliers to develop optimal solution. At the first stage, participants submit proposals without price, enabling structured negotiations with the authority, after which all qualified bidders are invited to submit final priced offers at the second stage. Negotiated procedure: the exceptional procedure, applied specifically in strictly defined cases, such as urgent needs, protection of intellectual property rights, defending rights and interests of the state etc. Under this procedure, the contracting authority conducts direct negotiations on price and contract terms with one or several suppliers. Note: during the period of martial law, the scope of situations in which the negotiated procedure may be applied has been significantly expanded under the Special rules for public procurement during wartime. All this procurement procedures are fully accessible to foreign businesses, allowing them to compete on equal terms with local companies in Ukraine`s public procurement market. Typical requirements for participation Ukrainian legislation defines that foreign businesses can fully participate in Ukrainian public procurement; however, they must meet qualification and compliance requirements, which may differ depending on the contracting authority and the specific tender. Typical requirements include: Proof of eligibility: absence of sanctions, bankruptcy, criminal convictions or affiliated relations with other bidders or the contracting authority officials. Bid security in the form of a bank guarantee. In addition to these typical requirements, contracting authorities may set specific qualification criteria (one or few). They may include the need to prove: Technical capacity: availability of equipment, material and technical base, and technologies. Availability of qualified personnel: staff with appropriate expertise and existence. Relevant experience: documented performance of similar contracts. Financial capacity: confirmed by financial statements. Also, Ukrainian public procurement law allows for the involvement of subcontractors (also referred to as co-executors), but only where the subject of the contract is the procurement of works or services, not goods. If a bidder plans to engage one or more subcontractors whose share of work equals or exceeds 20% of the contract value, the tender proposal must indicate their full name and location. Note: In case a bidder believes that the tender discrimination contains discriminatory requirements, it may file a complaint with the Antimonopoly Committee of Ukraine, which acts as the designated appeal body in public procurement and has the authority to order the contracting authority to amend the documentation. Internationally financed public procurements Procurements financed by international financial institutions (IFIs), such as the International Bank for Reconstruction and Development (IBRD), the European Bank for Reconstruction and Development (EBRD), the European Investment Bank (EIB), and others are carried out in accordance with the procurement rules of the respective institution, while also taking into account the principles of public procurement set forth in the Law of Ukraine «On public procurements». The information about IFI-funded procurement opportunities is publicly available on the procurement portals of the respective institutions, such as the EBRD`s Client e-Procurement Portal (ECEPP) at https://ecepp.ebrd.com/. Contract terms are usually based on internationally accepted standards (e.g., FIDIC for construction projects), and disputes are resolved under international mechanisms. Types of procurement procedures International financial institutions apply procurement procedures that are harmonized with international standards and tailored to the specific needs of the financed project. While terminology may vary across institutions, the following types are commonly used: Open competitive bidding: is the primary method, allowing all eligible bidders to participate under equal conditions. Competitive selection procedure: is applied in cases, where selection is based not only on price but also on the quality of the proposed approach, methodology and team expertise. Direct contracting: is used only in exceptional cases – such as when only one supplier is capable of delivering the goods and services, or in cases of unforeseeable events or circumstances. The choice of procedure is determined by the project`s complexity, financing terms, and procurement strategy approved by the IFI. Typical requirements for participation The qualification requirements for bidders in IFI procurements are often more rigorous and internationally aligned. Common criteria include: Proven experience in similar projects. Financial and technical capacity. Compliance with environmental, social, health, and safety (ESHS) requirements. Absence of restrictive measures or sanctions, as well as of unfair competitive advantage or conflicts of interest. IFI procurements also permit the participation of joint ventures or consortium. These partnerships allow multiple companies to combine technical expertise, financial capacity, and knowledge to successfully perform under complex contracts. How to participate in public procurement in Ukraine? As was mentioned before, participation in Ukrainian public procurements is open to both domestic and foreign businesses, provided they follow the procedural steps set out by the relevant regulations. The process varies slightly depending on whether the procurement is state-financed or funded by international financial institutions, but the core requirements remain similar. State-financed procurements Announcements for all state-financed tenders are published on the Prozorro system. In order to participate, a bidder has to: Choose one of the 12 accredited marketplaces connected to Prozorro (depending on your personal preferences of the platform`s interface and terms of use) and register an account. Prepare and submit all the required documents in accordance with the tender specifications, including qualification documents and a bid security (if required). Pay a participation fee, the amount of which varies depending on the tender value (for tenders with a budget exceeding UAH 4 million, the fee is approximately EUR 85). Submit the bid electronically within the set deadline and monitor communications through the platform. Internationally financed public procurements For procurements financed by IFIs, announcements are published on the official procurement portals of the respective institutions. Participation generally involves: Creating an account on the respective IFI portal. Submitting expressions of interest or full proposals depending on each specific procedure. Providing all supporting documentation, which shows the compliance with the qualification criteria set by the institution. Following the institution`s specific instructions regarding bid submission, evaluation, and contract award. By following these steps, foreign companies can successfully access and compete in both ProZorro-based and IFI-funded procurement markets in Ukraine. At Koziakov & Partners, we have extensive experience guiding international businesses through procurement processes in Ukraine. Our team provides full support at every stage – from assessing tender opportunities and preparing compliant bids to representing clients before contracting authorities and ensuring smooth implementation of awarded contracts. With our extensive expertise, foreign companies can confidently navigate the procurement landscape and maximize their chances of success in Ukraine.