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28 January 2015

IT & Copyright Legal News. January 2015

On 28 January 2015, the Cabinet of Ministers of Ukraine amended the Regulation Regarding the Procedure for Issuance, Extension and Revocation of the Permit to Use Labour of Foreigners and Individuals without Citizenship (the "Permit"). The updated document (the "Procedure") simplifies the procedure for obtaining the Permits in general and provides for specific conditions for companies developing software and content. 

Simplification in General

Now a decision regarding the issuance, or extension, or refusal to grant a Permit should be made within seven business days from the date of filing.

The Permit may be renewed for free an unlimited number of times.

The applicant is notified about the decision made and details required to pay the Permit fee by email.

Simplification for Software and Content Development

It is considered reasonable to issue a Permit to a person applying for the position of a specialist, professional or manager of an entity of the software product industry.

By analogy, it is considered reasonable to issue a Permit to any person with the main employment duty of creating the works protected by copyright or related rights.

In both cases, the Employment Service may refuse to issue the Permit only in any of the following instances:

  • if any of the required documents is missing or misrepresents the requested information;
  • if the employer has any overdue liabilities towards the state;or
  • if the Employment Service is aware of the fact that the applicant – a foreigner or an individual without citizenship – serves a sentence for committing an offence as of the date of the Permit.

Software engineers and designers are necessarily covered by such simplified procedure, even if their employer does not have the status of an entity of the software product industry.

Simplification for Graduates of Best Universities

In addition to the above mentioned simplifications, according to the Procedure it is considered reasonable to grant the Permit to graduates of TOP-100 universities of the world with the following ratings:

  • Times Higher Education;
  • Academic Ranking of World Universities by the Center for World-Class Universities at Shanghai Jiao Tong University;
  • QS World University Rankings by Faculty;
  • Webometrics Ranking of World Universities.

Improvement of Business Climate

All above mentioned amendments were initiated, developed and are actively advocated by public activists, including lawyers of SayenkoKharenko. Though, despite our best efforts, we did not manage to put all our ideas into practice, the updated Procedure is sure to make it easier for you to conduct your business in Ukraine and hire high-profile professionals.

IT team of Sayenko Kharenko has been working on a number of initiatives aimed at deregulation and reforms, including in the system regulating work for hire, legalization of free and open licenses, regulation of e-commerce and electronic workflow.

For more details regarding the updated Procedure please contact Mykyta Polatayko and Svitlana Kheda.

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