January 2007

In Focus — International Trade
The current issue of the UJBL is devoted to International Trade. It covers a variety of issues either of international (regional) character or Ukrainian problems. Technical Barriers to Trade, Safeguards, Rules of Origin in the EU, Structured Commodities Financing, Foreign Economic Activities in Ukraine are reflected on the pages of the current issue…

Expert Opinion
Scott E. Brown Foreign Economic Activities in Ukraine
The 1991 Foreign Economic Activities Act of Ukraine, No.0959, is clearly outdated. Drafted and enacted in the nostalgic pre-hyper-inflationary Soviet economic era, when the ruble zone provided Ukraine with necessary economic support, much of this antiquated law has been supplemented or amended, either legislatively or in practice…

In Re
Viktor M. Dovhan Technical Barriers to Trade: Ukraine Paved Its Own Path
The World Trade Organization (WTO) is the international organization dealing with the global rules of trade between nations. Its main function is to ensure that trade flows as smoothly, predictably and freely as possible…

Zoya S. Mylovanova, Oksana K. Volynets Structured Commodities Financing
Structured commodities financing has proven to be an effective tool to provide much needed working capital to commodities manufactures and traders in transitional economies or countries which are perceived by lenders as risky…

Nataliya Y. Mykolska Safeguards under Ukrainian Law Ukrainian Law: FAQ
Currently international (cross-border) trade in goods is based on binding tariffs and applying them equally to all trading partners. The maintenance of the latter is a key to the smooth flow of cross-border trade in goods…

Andrey V. Suchyk Rules of Origin in the EU
To start with, we would like to explain the term “origin”. Origin is the “economic” nationality of goods in international trade. It is used to determine the origin of products subject to all kinds of commercial policy measures (such as anti-dumping measures, quantitative restrictions) or tariff quotas…

How to
Dr. Tatyana V. Slipachuk International Arbitration: Look before You Leap
International arbitration is an impressive way of settling international disputes that meets the various expectations of business players: independence from the local judicial system, impartiality, flexibility, confidentiality and real international character which increases the possibility of reaching compromise…

Michael Y. Shomin Cross-Border Activity: Setting up Company Structures
Today, the location of business activities, as well as of a company’s residence, is becoming more independent. Consequently, running a business internationally is now more easily, since a company’s different business activities may be spread out all over the world…

Hot Issue
Ivan A. Lyakh Foreign Citizen in Ukraine
Any civilized state that is improving its own investment climate for becoming more preferable for foreign investors should be ready to improve not only the law regulating directly investment issues but also to establish normal conditions of labor for foreign individuals — investors and their employees operating on the territory of Ukraine…

Argument
Petro Morgos Constitutional Reform for Decentralization in Ukraine
Pursuant to the rules of parliamentary democracy, the Government requires a majority in Parliament. This majority can be secured with a party that has over 50% of the deputies, or a coalition between multiple parties that represents the majority of deputies in Parliament. Here a question presents itself concerning what happens in the event that a Government loses its majority in Parliament…

Global Legal Update
Ianis Girgenson Ukraine and the EU State Aid Regulation
National authorities sometimes use public funds to promote certain industries or protect local companies from unfavorable market conditions. Under EU Law, such public subsidies are known as State aid. State aid distorts competition by providing its beneficiaries with an unfair advantage over other market players. Consequently, EU Law generally prohibits State aid…

Venue
Katerina A. Nastechko The Ukrainian Real Estate Forum
On 28-29 November 2006 the International Institute of Adam Smith Conferences held the Ukrainian Real Estate Forum. The event gathered very professional developers of real estate, foreign and international investors as well as consumers of real estate services in Ukraine. The focus of the conference was how to attract investment and receive profits on housing and commercial markets…

Legal Vision
How Can Ukrainian Trade Policy be Made Effective?