For a long time, many foreign companies operating in Ukraine through representative offices have faced significant financial risks \u2013 in particular due to claims related to non-compliance with the employment quota for persons with disabilities.<\/p>\n
The Social Protection Fund for Persons with Disabilities has been actively bringing claims before the courts, seeking to recover penalties and fines from representative offices.<\/p>\n
Notably, 2026 may see a new wave of claims from the Fund related to non-compliance with the 2025 quota. However, recent court practice is shaping a strong line of defence for businesses.<\/p>\n
The Supreme Court\u2019s key position is that a representative office is not a proper defendant in such disputes. The Court confirmed that proceedings in claims filed by the Social Protection Fund for Persons with Disabilities against such representative offices are subject to closure.<\/p>\n
We have been applying this approach in disputes since 2023 \u2013 long before it was formally established at the Supreme Court level.<\/p>\n
Therefore, the emerging case law confirms that our strategy is not only legally well-grounded but also practically effective.<\/p>\n
If your company has already received a calculation of administrative or commercial penalties related to non-compliance with the 2025 employment quota, it is crucial to assess the risks promptly and define the right strategy for protection.<\/p>\n