New shelter rules threaten to halt thousands of businesses due to three-month deadline

Three-month ultimatum for businesses

The implementation of the new Cabinet of Ministers Resolution No. 1092, which regulates the safety of personnel and visitors during air raid alerts, has caused a sharp conflict between state requirements and the actual capabilities of Ukrainian businesses. The government has given entrepreneurs only three months to equip protective structures, while for many small business representatives, creating such structures is technically impossible or financially unaffordable. Failure to meet these conditions threatens establishments with restrictions or a complete halt of operations.

The situation has become particularly difficult for representatives of small and micro-enterprises. Cafes, shops, pharmacies, small production facilities, and service companies often operate in rented premises where basements or the engineering possibility to create a full-fledged shelter are absent. The reconstruction of such objects or the search for alternative locations requires significant capital investments, which are unaffordable for many owners.

An additional risk is the duration of air raid alerts. Under conditions where the threat from drones keeps the population in a state of tension for 10–15 hours a day, restricting operations during the "yellow" threat level may lead to serious financial losses. Initiators of parliamentary amendments warn of possible bankruptcies, job cuts, and a decrease in tax revenues to the budget.

Parliamentary initiative: changing the principle of operational access

Against the backdrop of widespread dissatisfaction among entrepreneurs, draft resolution No. 16191 has been registered in the Verkhovna Rada. The document aims to review the mechanism that allows enterprises without protective structures to continue operations.

The explanatory note states that the three-month transition period is insufficient for most small businesses. The main obstacles cited are the lack of technical possibility in rented buildings, excessive financial burden, and lengthy procedures for approving construction work.

MPs propose not just to extend the deadline, but to change the logic of access itself. Specifically, the provision is proposed to be worded as follows:

«В приміщеннях, будівлях, спорудах чи на територіях яких відсутнє тимчасове або постійне укриття, можуть провадити свою діяльність за погодженням з працівником» (In premises, buildings, structures, or territories where a temporary or permanent shelter is absent, activities may be conducted with the consent of the employee).

This approach envisages a transition from a temporary state permit to a model where the continuation of work depends on the individual consent of a specific employee. Meanwhile, the draft leaves unresolved questions regarding the form of such consent and its interaction with the employer's obligations in the sphere of labour protection and civil defence, creating legal risks even after the adoption of the amendments.

Government easing: access to third-party shelters

In parallel with the parliamentary initiative, the government is preparing its own amendments to Resolution No. 1092. On 29 October, the Cabinet announced its intention to give entrepreneurs more time to equip shelters, as well as to allow the use of protective structures located outside the territory of a specific enterprise.

Such an initiative may ease the lives of establishments that do not have their own shelters. For example, employees of a shop or cafe could use the basement of a neighbouring residential building, a shelter in a school or business centre. However, the physical proximity of the structure does not guarantee unimpeded access. Key factors remain the operating regime of the object, the decision of the owner or the entity holding the asset on its balance sheet, access control, and the actual capacity of the shelter.

Specific restrictions may also arise regarding protective structures in educational institutions. Therefore, for the effective functioning of such a mechanism, clear regulatory regulation is needed, not just a general permission from the government.

Interior Ministry acknowledges lack of clear verification standards

The Ministry of Internal Affairs has confirmed the presence of gaps in the mechanism for verifying safe spaces. The department drew attention to the absence of a clear mechanism for documentary confirmation of the compliance of safe spaces with established requirements.

The resolution does not provide for the mandatory preparation of specific documents that would certify the safety of premises. There is no unified form of a technical report, inspection act, or calculation that should be approved by an authorised state body. This means that entrepreneurs not only do not know how long they can operate without their own shelter, but also do not have a clear algorithm for confirming the compliance of the spaces they have equipped with the necessary characteristics.

In addition, the Interior Ministry noted that the legislation does not define special measures of state control and legal liability for non-compliance with requirements, the implementation of which depends on technical parameters that were not properly defined or communicated to the relevant entities. This does not exempt employers from liability for employee safety, but demonstrates that the government established obligations without ensuring a sufficiently clear mechanism for their implementation and verification. Currently, both parliament and the government effectively acknowledge the need to review the approach to regulating business safety.

It was previously reported that during the years of the full-scale war, Kyiv has spent and planned over UAH 9.5 billion on shelters, however, the existing protective structures are sufficient for only approximately 54% of the capital's population. Almost UAH 483 million allocated last year for mobile shelters remained unused, and the Kyiv City Council did not support the proposal to direct another UAH 500 million for their installation. Meanwhile, the city records only four mobile shelters, and disputes between the Kyiv City State Administration and district administrations regarding funding continue.