State aid received
State aid received
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The Law of Ukraine "On State Aid to the Business Enterprises" stipulates that state support measures should be reviewed by the Antimonopoly Committee of Ukraine (the "AMCU") to identify the measures qualifying as state aid, which is subject to review for its competition permissibility.
Generally, support to business entities in any form at the expense of state or local resources, which distorts or threatens to distort economic competition, creating advantages for production of certain goods or certain economic activities, is considered "state aid".
State aid may be provided in various forms (e.g., in the form of subsidies, guarantees, increase in the state share of the charter capital of business entities, tax benefits, compensation of losses, etc.).
The criteria for permissibility of state aid may be set by the CMU for certain categories of state aid.
For instance, according to the results of public discussions during 2019-2020, 13.01.2021 the CMU adopted the resolution "On Approval of the Criteria for Permissibility of State Aid to Companies in the Coal Industry", which defines the following criteria for assessing the eligibility of state aid in this area:
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Prevention of significant inequality in conditions for business activity carried out by competing business enterprises in the coal industry.
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Prevention, elimination, restriction or distortion of competition in the markets of heat and electricity production.
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Reduction of the impact on the environment as a result of coal production by coal enterprises which are provided with assistance for closure (liquidation).
Such state aid may be eligible if (1) it is provided for clearly defined purposes (liquidation of coal mines, coverage of exceptional costs, etc.) and (2) covers only costs related to coal for electricity generation, combined heat and power generation, coke production and as a fuel for blast furnaces in the steel industry.
Any new state aid, as well as on-going state aid if its conditions significantly change, may only be granted after a positive decision of the AMCU. State aid granted contrary to the requirements of the law is considered illegal and is fully repayable to the state813 or may be terminated by the AMCU.
The draft law provides for some exceptions, e.g., for aid related to provision of services of general economic interest (these include services related to operation of the natural gas market provided within the scope of special obligations).
The AMCU maintains the Register of State Aid Programs, available at:
http://pdd.amc.gov.ua/registry/registryofstateaid/list.
The AMCU publishes annual reports on state aid granted to business enterprises based on the information provided by public authorities and local governments and discloses all its decisions related to state aid cases, on the State Aid Portal:
Data from company reports
| Year | Company name | USREOU Code | Identification code of a legal entity according to the USREOU Code or registration number of the taxpayer's registration card or series (if available) and passport number for a natural person — an entrepreneur | The name of the central executive body, local self-government body or other state aid provider | Type of state aid | Grounds for receiving state aid | Date of receipt of state aid | State aid currency | Total amount of state aid, thousand hryvnias |
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