Business relocation under martial law: regulatory and legal aspects of differentiated regulation

The article examines the classification of various types of relocation (movement) of business entities, in particular relocation caused by the consequences of the full-scale invasion of Ukraine by the Russian Federation, through the prism of design standards. Ukrainian legislation has been undergoing constant change for a long time. Recently, this has been due, in particular, to Ukraine’s obligations within the framework of European integration to adapt national legislation to European Union law. It should be noted that regulatory acts must be adapted not only in terms of content to the provisions of EU directives and regulations, but also taking into account the general approaches and principles of regulatory drafting established for the EU legal system, but completely new for Ukraine. It has been noted that national legislation has been significantly affected by the full-scale invasion of the Russian Federation. First and foremost, legislation regulating economic activity has undergone changes. In addition, new phenomena are emerging that the state is trying to regulate. One such new phenomenon is business relocation, i.e. the transfer of enterprises from regions suffering the greatest losses as a result of hostilities (Kherson, Donetsk, Luhansk, etc.) to safer areas (Lviv, Zakarpattia, Ivano-Frankivsk, etc.). From the very beginning of the full-scale invasion, the state developed tools to support business relocation, and regulatory and legal acts were focused precisely on this area. It has been noted that currently, state policy in the field of business relocation uses a universal approach, i.e., the same rules and conditions apply to different enterprises, in particular with regard to state support for business relocation. Although business relocation can take different forms in practice and be represented by different types, each of which has its own specifics and characteristics. It should be recognised that each specific case of enterprise relocation is unique. It is reasonable that state policy, and accordingly regulatory and legal acts, should take into account these specifics and apply a differentiated approach, i.e. differentiated legal regulation.