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Konnov & Sozanovsky - Privatization

Konnov & Sozanovsky — Advising Various Businesses

Privatization in its broad meaning is the process of abolishing a state monopoly in production and forming favorable conditions for private sector development. Privatization in Ukraine, despite violations during its process, has already fulfilled all its main tasks. As a result a critical mass of private enterprises was created, which established the major market relations in the national economy.

In this regard the necessity of effective state and communal property management is quite obvious. That is why establishment and management of a single register of objects of public and communal domain, management of corporate rights and lease of public and communal domain are the essential elements of such market management.

Presently, the structure of asset management in state and communal sectors of the economy fails to provide an effective use of state and communal property. In addition, the subjects of privatization relations run into problems, directly arising from infringements committed in the process of privatization and in subsequent implementation of privatization terms, which exposes them to risks and limitations in the subsequent use of privatized objects.

Konnov & Sozanovsky's lawyers advise clients on the different aspects of privatization activities, provide legal support of transactions and legal work with privatized objects. Our clients succeed to avoid risks and undesirable legal consequences in the field of privatization.

Privatization is a long-standing process of abrogation of the state’s production monopoly and formation of the conditions for effective private sector development in Russia.

Randomness and rashness, as well as inexperience and unsettlement are all the peculiarities of the privatization in Russian Federation. During the first phase, which started in 1992, privatization was settled mainly by the Decrees of the President of the Russian Federation, but not by the laws. As a result, the outcomes of the first phases of the privatization are still questioned.

The contemporary stage of privatization started with adoption of the law “On Privatization of the State and Municipal Property of the Russian Federation” from 2001.

The aim of privatization is to increase the efficiency of production by means of its transfer into the private sector which, in its turn, increases producers’ interest in profit earning. In view of this, the purpose of the efficient management of the state and municipal property becomes highlighted as the broad concept.

Today dynamic discussions are in progress on the occasion of privatization extension and creation of the new private sector in the housing and communal services that will lead to the creation of competition and, consequently, to the rise in the quality of the provided services.
Participants of the privatization relations face the challenges, directly resulting from the mistakes made in the process of privatization, and in the subsequent fulfillment of the privatization conditions’ breaches which involves risks and restrictions in the further use of the privatized objects.

Konnov & Sozanovsky’s lawyers advise clients on different aspects of legal relations, connected with the privatization conduct, carrying out of the legal transactions assistance and legal work with the privatized objects. Our clients effectively manage risks, as well as steering clear of undesirable legal consequences in the privatization sphere.

Leading Lawyer Key Practice Office Position  
Gluhovskaya, Tatiana Intellectual property law Kiev (Ukraine) Managing partner
Konnov, Sergei Corporate law Kiev (Ukraine) Senior partner
Pravdyuk, Vitaliy Real estate, construction and land law Kiev (Ukraine) Senior Associate
Pustovit, Alexey Ñompetition law Kiev (Ukraine) Partner