In 2025, Ukrainian businesses once again found themselves caught between state regulation and the drive for deregulation. Against the backdrop of economic challenges, war, and ongoing infrastructure risks, the issue of fire safety inspections remains exceptionally relevant. Will the declared moratorium on inspections remain in effect? What legal risks and prospects await businesses? These questions are at the heart of our analytical review from the perspective of the legal community.

1. Moratorium: Policy and Reality
   On July 21, 2025, Ukraine’s National Security and Defense Council adopted a decision on a moratorium on groundless business inspections, formalized by Presidential Decree No. 538/2025 dated July 25, 2025. This was expected to send a strong signal to businesses about reduced pressure from regulatory authorities and to stimulate economic activity. However, as early as the next day, the First Deputy Head of the State Emergency Service (SES) issued a special instruction for focused fire and industrial safety inspections in industry. The order highlighted not only the requirement to keep inspection plans but also mandated administrative response to detected violations.
2. Legislative Framework and Recent Changes
   Regulatory basis:

• Code of Civil Protection of Ukraine;
• Law “On Fire Safety”;
• Fire Safety Rules of Ukraine No.1417;
• Sectoral and technical regulations regarding electrical installations, fire systems, evacuation, fire alarms, etc.

On November 27, 2023, amendments (Law No.3063) expanded SES’s powers and imposed new obligations on businesses — regardless of any moratorium, companies must comply with all legal fire safety requirements. Specifically, if there’s a risk to life or health, the object may be subject to court-ordered closure.

3. Essence of the Moratorium: Where and When It Does Not Apply
   In practice, in 2025, the declarative moratorium does not apply to:

• sectors with a high level of risk (industry, hazardous sites);
• fire safety inspections in cases of certain violations, accidents, emergencies, or citizen complaints.

The SES has the right to conduct:

• scheduled inspections for specified risk categories, notifying companies in advance;
• unscheduled inspections upon complaints or incidents, typically without advance notice.

So, even while the moratorium is formally in effect, the SES remains a full-fledged regulatory authority.

4. Recent Inspection Practice
   Analytics show that in July 2025, despite the moratorium, SES regional units en masse resumed active enterprise inspections. Special focus was given to:

• enterprises with high-risk technological processes;
• facilities with mass gatherings (schools, shopping malls, hospitals).

The reasons include not only formal fire safety requirements, but also the geopolitical situation and heightened threats. Inspections are often accompanied by administrative pressure and hefty fines for even minor or technical violations.

5. Legal Risks for Business: What to Consider
   The moratorium is no guarantee of immunity: updated SES powers allow inspections even during the moratorium. Moreover, authorities react swiftly and decisively to violations. The absence of formal grounds for inspection is a reason to appeal in court, but legal practice often favors SES in the name of safety. There’s a risk of having operations blocked: if a threat is established, the agency can initiate enterprise shutdown until the violations are removed.
6. Legal Advice for Business

• Prepare for inspections: regularly assess compliance with minimum fire safety requirements, update documentation, undergo training and briefings.
• Keep documentation ready: inspection reports, evacuation plans, training registers, and records for safety systems should be accessible for inspectors.
• Engage a lawyer during inspections: legal support documents all actions of inspectors and allows for prompt response to procedural violations. Do not sign inspection reports without proper review.
• Appeal inspection outcomes: if inspectors violate procedures, provide insufficient evidence or issue contentious decisions, promptly challenge them pre-trial and in court.

7. Conclusions and Forecasts
   The moratorium remains more a political symbol than an actual guarantee for business regarding fire safety inspections. Law enforcement practice confirms: companies must strictly comply with all fire safety requirements, regardless of announced regulatory restrictions. Legal support is becoming an essential element of protection against potential abuses and reduces legal risks. High managerial responsibility and maximum operational transparency are the best way to avoid negative consequences, even during the “moratorium period.”

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Your WINNER Team!🤝
Author: Ihor Yas’ko, Managing Partner at WINNER Law Company, PhD in Law.