Federation of Employers of Ukraine met with Ksenia Lyapina, Head of the State Regulatory Service of Ukraine, and Oleh Kyryliuk, Acting Head of the State Service of Geology and Subsoil of Ukraine, on the implementation of state supervision (control), issuance of licenses and other permits.
Vita Tsinchyk, Head of Labour, also attended the meeting. From January 1, 2019, the Law "On Temporary Peculiarities of Implementation of State Supervision (Control) in the Sphere of Economic Activity" expired. This law introduced a moratorium on inspections of business entities. It is important that the restoration of state supervision (control), as well as processing and issuing permits, does not cause a constant pressure on business.
During the meeting, cases of specific enterprises were also considered regarding the implementation of state supervision (control) measures, as well as the most urgent issues discussed.
Vita Tsinchyk discussed whether labour inspectors have the authority to not equal civil contracts to labor contracts, which in the future become grounds for bringing the entity to financial liability and imposing a fine of 30 minimum wages for each concluded civil contract.
Ksenia Lyapina pointed out that labour inspectors are not empowered to interpret the nature of legal relations between the parties at their own discretion, since labour law regulates exclusively the process of labour activity, the issues of its organization. Invalidity of the transaction is not directly established by law, but if one of the parties or another interested person denies its validity on the grounds established by law, such a transaction may be declared invalid by the court. Thus, in case of non-interruption of the presumption of legality of the contract, all rights acquired by the parties to the transaction should be freely carried out, and the obligations must be executed.