Ukraine restores state aid control

On 11 November 2026, the Ukrainian Parliament adopted Law No. 15437 (the “Law”) that brings back state aid control, largely suspended since 2022. The Law is part of Ukraine Facility and EU accession commitments and now awaits the President’s signature.

KEY CHANGES

• Notification is back. Aid grantors must again notify the Antimonopoly Committee of Ukraine (“AMC”) of new measures before granting them. The Law also introduces pre-notification consultations with the AMC.
• De minimis thresholds raised. No notification is needed for aid up to EUR 300,000 per undertaking over three years (previously EUR 200,000), or EUR 750,000 for services of general economic interest.
• Existing measures under review. Grantors must notify the AMC within one year after the Law takes effect of all aid measures in place.
• Public State Aid Register. Aid granted, including during martial law, will be disclosed in a digital register.
• Recovery of unlawful aid. Aid granted in breach of the rules may be recovered within 10 years.
• Excluded recipients. Companies linked to the aggressor state or under sanctions, opaque offshore entities and companies from FATF high-risk jurisdictions cannot receive state aid.

MARTIAL LAW SPECIFICS

• War damage compensation may be granted without prior notification while martial law is in force.
• Frontline and occupied territories remain exempt from the notification and monitoring requirements during hostilities or occupation and for one year after they end.
• Systemically important banks financing the defence industry are exempt in respect of capital increases.
• Aid granted before the Law takes effect, including under the martial law relief regime, is treated as existing aid.

TIMING

The Law enters into force six months after its official publication. Certain provisions will apply later, including the public State Aid Register, and retrospective reporting of aid granted during martial law.

WHAT BUSINESSES SHOULD DO NOW

• Map aid measures received since 2022: grants, tax reliefs, guarantees, below-market loans or assets. It will be disclosed in the register from 2028.
• Track the de minimis ceiling across the group and be ready to disclose the prior aid.
• Before accepting new aid measures, confirm it is cleared or exempt.

Additional Notes

For further information on this legal alert and other state aid issues in Ukraine, please contact Mykyta Nota, Anton Arkhypov, Olha Samoilenko, and Veronika Humeniuk.