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New Rules for Agreements with State-Owned Companies
Law Publications
25-May-2012 Original language
eng
New Rules for Agreements with State-Owned Companies
Ihor Olekhov, Partner, Baker & McKenzie Any counterparty entering into an agreement with a Ukrainian state-owned or state-controlled legal entity, organization or agency (a State Controlled Company) should be aware of a new procedure for approval of Joint Activity Agreements, Commission Agreements, Agency Agreements and Property Management Contracts that applies to such companies. From 20 April 2012, State Controlled Companies must obtain the prior approval of the Cabinet of Ministers of ...
Bank Shareholders and Senior Officers Face Liability for Bank Insolvency
Law Publications
23-April-2012 Original language
eng
Bank Shareholders and Senior Officers Face Liability for Bank Insolvency
Ihor Olekhov, Partner, Baker & McKenzie Starting from 22 September 2012, the beneficial owners (aka controllers), substantial shareholders, and senior executive officers of Ukrainian commercial banks could face personal financial liability for the insolvency of banks during liquidation. This follows from Law of Ukraine No. 4452-VI "On the Individual Deposit Guarantee System", dated 23 February 2012 (the "Law"). The Law grants the Individual Deposit Guarantee Fund (the "Fund") significant au...
How does Ukrainian unfair competition law in relation to parasitic copying fare in comparison to its counterparts in EU Member States?
Law Publications
10-March-2012 Original language
eng
How does Ukrainian unfair competition law in relation to parasitic copying fare in comparison to its counterparts in EU Member States?
Dmitry Taranyk, Counsel at Sayenko Kharenko and Predrag Krupez, Associate at Sayenko Kharenko Parasitic copying has had a noticeable anticompetitive effect on Ukrainian competition over the years and, in light of the global proliferation of advertising through mass media, it is only going to become more prevalent in the future. Although trademarks laws can, to an extent, be relied on to prosecute violators, it is the rules of unfair competition law that act as an instrumental agent for protecti...
Some legal aspects of invesment activity in Ukraine
Law Publications
02-March-2012 Original language
eng
Some legal aspects of invesment activity in Ukraine
Nina Mikhalska, Legal Advisor for Business Affairs In 2000 Ukraine ratified Convention on the Settlement of Investment Disputes between States and Nationals of Other States (Washington, 1965), that defined investment disputes as the legal dispute arising directly out of the relationship, relating to investments between the state (or any authorized body state) and foreign citizens or legal persons who have invested in the development of the state. Article 2 of the Law of Ukraine "On investment...
Party Autonomy vs Mandatory Rules in International Arbitration
Law Publications
04-February-2012 Original language
eng
Party Autonomy vs Mandatory Rules in International Arbitration
Olena S. Perepelynska, MCIArb, Sayenko Kharenko Needless to say arbitration, being based on agreement of the parties, gives the latter possibility to determine the procedure of resolution of their case. This basic principle of arbitration is known as party autonomy. According to one of the classical books in international arbitration Party autonomy is the guiding principle in determining the procedure to be followed in an international commercial arbitration. It is a principle that has been ...
Ukrainian Property Transfers between Non-Residents: Ukrainian Tax Implications
Law Publications
03-February-2012 Original language
eng
Ukrainian Property Transfers between Non-Residents: Ukrainian Tax Implications
Dmytro B. Ivanusa, Counsel with Sayenko Kharenko When the transfers of Ukrainian property (assets, shares, real estate, etc) by non-residents to other non-residents generally ceased to be something extraordinary from the Ukrainian legal perspective, the respective Ukrainian tax consequences, however, remained uncertain, especially when the selling non-residents are legal entities. Due to these uncertainties, non-residents often prefer to structure their deals outside Ukraine, for instance, on t...
Realities of the recognition and enforcement of foreign arbitral awards in Ukraine
Law Publications
26-Novermber-2011 Original language
eng
Realities of the recognition and enforcement of foreign arbitral awards in Ukraine
Olexander Droug, Associate, Sayenko Kharenko Some of the problems that are being faced by arbitral awards' creditors when enforcing their awards in Ukraine include: 1) the recognition and enforcement of foreign arbitral awards is handled in Ukraine in the first instance by local civil courts at the place of debtor's location or that of its assets. In some of the cases, such local civil courts do not have enough experience and competence in order to deal with matters relating to international co...
Choice of an adequate mechanism of dispute resolution
Law Publications
15-Novermber-2011 Original language
eng
Choice of an adequate mechanism of dispute resolution
Kostiantyn Likarchuk, Partner, Avellum Partners Choice of an adequate mechanism of dispute resolution is an essential aspect of each transaction. Contractual provisions concerning dispute resolution are sometimes ironically called midnight clauses, as frequently such provisions are negotiated and set out in transactional documents at the last turn, frequently after midnight. Nevertheless, provisions on dispute resolution are vital and special attention must be paid when negotiating and drafti...
Ukraine adopts new procedural rules allowing to apply for interim measures in foreign court judgment enforcement proceedings
Law Publications
26-October-2011
Ukraine adopts new procedural rules allowing to apply for interim measures in foreign court judgment enforcement proceedings
Olena Perepelynska, MCIArb, Senior Associate of Sayenko Kharenko On 22 September 2011 Ukrainian Parliament has adopted long expected amendments to the Civil Procedure Code of Ukraine regarding interim measures in foreign court judgments enforcement proceedings. The respective Law of Ukraine No. 3776 -VI On Amending the Civil Procedure Code of Ukraine regarding Interim Measures in Recognition and Enforcement of Foreign Court Judgments (the Law No. 3776) becomes effective on 19 October 2011. ...
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