The Ukrainian Journal of Bussines Law

[http://pravo.ua/ufu/] Counse link ANTIKA Law Firm 12, Khreshchatyk street, 2-nd floor, Kyiv , 01001 , Ukraine Phone: +38 (044) 390 09 20 Fax: +38 (044) 390 09 21 office@antikalaw.com.ua www.antikalaw.com.ua/en Arzinger 75, Zhylyanska Street., 5th floor, Kyiv , 01032 , Ukraine Phone: +38 (044) 390 55 33 Fax: +38 (044) 390 55 40 mail@arzinger.ua www.arzinger.ua Asters Leonardo Business Center, 14th floor, 19-21 Bohdana Khmelnytskoho St., Kyiv , 01030 , Ukraine Phone: +380 44 230 6000 Fax: +380 44 230 6001 info@asterslaw.com www.asterslaw.com Chadbourne & Parke LLP 25B Sahaydachnoho Street, 3 Floor, Kyiv , 04070 , Ukraine Phone: +38 (044) 461 75 75 Fax: +38 (044) 461 75 76 Kyiv@chadbourne.com www.chadbourne.com CMS Cameron McKenna LLC 6 Floor, 38 Volodymyrska Street, Kyiv , 01034 , Ukraine Phone: (044) 391 33 77 Fax: (044) 391 33 88 kyivoffice@cms-cmck.com www.law-now.com DLA Piper Ukraine, LLC 77A Velyka Vasylkivska Street, Kyiv , 03150 , Ukraine Phone: (044) 490 95 75 Fax: (044) 490 95 77 ukraine@dlapiper.com www.dlapiper.com Gvozdiy & Oberkovych 19B Instytutska Street, Office 29, Kyiv , 01021 , Ukraine Phone: +38 (044) 581 12 20 Phone: +38 (044) 581 12 21 Fax: +38 (044) 581 12 22 info@golaw.ua www.golaw.ua IMG Partners 1/8 Ihorivska str.,, Kyiv , 04070 , Ukraine Phone: +380 44 201-10-66 Fax: +380 44 201-10-66 office@imgpartners.com.ua www.imgpartners.com.ua International law firm Integrites 15-B Borysohlibska St.,, Kyiv , 04070 , Ukraine Phone: +380†(44) 391 38 53 Fax: +380†(44) 391 38 54 pr@integrites.com www.integrites.com Inyurpolis law firm (ILF) 14-A †Skrypnyka Street,, Kharkov , 61057 , Ukraine Phone: +38†(057)†728 00 00 Fax: +38†(057)†714 06 28 office@ilf-ua.com www.ilf-ua.com Konnov & Sozanovsky 23 Shota Rustaveli Street, Suite 3, Kiev , 01019 , Ukraine Phone: +380 (0) 44 490-5400 Fax: +380 (0) 44 490-5490 info@konnov.com www.konnov.com LCF Law Group 47 Volodymyrska street, Office 3, Kyiv , 01034 , Ukraine Phone: +38 (044) 455 88 87 Fax: +38 (044) 502 55 23 info@lcfgroup.com.ua www.lcfgroup.com.ua/en/ Sokolovskyi and Partners Law Firm 25 Klinichna Street, 2nd floor, Kyiv , 03141 , Ukraine Phone: +380 44 495 1928 Fax: +380 44 275 6799 pravo@lex.org.ua www.lex.org.ua Spenser & Kauffmann 3 Panfilovtsev Street, Kyiv , 01015 , Ukraine Tel./Fax: +38 (044) 288 83 83 office@sklaw.com.ua www.sklaw.com.ua VS Litigation 16/3, M. Zhytomyrska Str., Office 28, Kyiv , 01001 , Ukraine Phone: +380 (44) 227 44 99 Fax: +380 (44) 278 31 73 Kyiv@vslitigation.com vslitigation.com CURRENT ISSUE ( October 2012 ) In focus – Climate Change Climate change is rightfully considered to be the global environmental problem of our time. At the end of the 20th century governments around the world applied various counter measures and binding commitments at both international and domestic levels in order to keep global warming concerns under their controlЕ Expert Opinion Joint Implementation Projects in Ukraine: Tips for Prospective Investors On 4 February 2004, Ukraine ratified the Kyoto Protocol to the United Nations Framework Convention on Climate Change. This gave Ukraine an opportunity to engage in various types of projects purported at reduction of greenhouse gas emissions (the GHG emissions), in particular and especially joint implementation projects (the JI projects). JI projects involve participants who made commitments under the Kyoto Protocol and provide them with a possibility to meet emission reduction targets by earning emission reduction units (the ERUs) from projects in other participating states, which made commitments... In Re Alternative Energy. Alternative Business Practice shows that the climate change issue is rather important in Ukraine. On the one hand Ukraine contributes to resolution of the problem at international level, having signed the Kyoto Protocol, being a member of several international organizations dealing with the issue of climate change, etc., and on the other hand it performs active actions at the domestic level, creating incentives for producers of electricity and heat from alternative sources... Legal Problems of Land Use under Climate Change In recent years humanity has become more concerned than ever about issues related to changes in climatic conditions of human existence in certain areas. It would seem that legislation does not have anything to do with this. However, climate change is a comprehensive problem of civilization that should be addressed comprehensively legal regulation both in international and in national lawЕ Argument All is Fair in Love and War, or Anti-Discriminatory Measures applied by Ukraine against Non-WTO Members Needless to say, after accession to the WTO in 2008, Ukraine has acquired additional tools aimed at removing trade barriers for its national industries on foreign markets (WTO members only) by gaining access to an efficient dispute settlement system. At the same time, Ukraine enjoys rather limited "tools" in relations with non-WTO members, first of all with post-Soviet countries (even with those countries with which it has free trade agreements (the FTA) since most of the FTAs concluded by Ukraine do not stipulate efficient dispute settlement instruments, except for bilateral consultations... Merger Notification Criteria. Can the Ukrainian Merger Notification System be Streamlined? It is a common understanding that merger notification principles must have a jurisdictional nexus to the types of merger control criteria that exist in a particular country. This means that the type of notification criteria must, of course, fully cover all necessary information for the assessment of the notified concentration but this means, at the same time, that they should not require notification of data or facts which are not relevant for the assessment by the competition authority. Exactly this last point often creates problems, since competition authorities argue the need for supplementary information in a notification with the interest to know all aspects of the concentration development in their country, even without regard to a particular case... Hot Issue Creation of the Export Credit Agency in Ukraine UkraineТs accession to the WTO contributed to the elimination of trade restrictions for a number of Ukrainian exports, including in the EU market. However, this mitigation is related primarily to the basic industries of domestic exports, and development of export activities further, which took place under the influence of trends in foreign trade situation and towards the preservation of traditional foreign economic specialization... Crux Sensitive but Strategic Issue Alexander Burtovoy The Reform Program of the President of Ukraine is among the program documents that should be mentioned, as a separate part of it is devoted to the reform in the energy field with the main objective to increase energy efficiency and to reduce dependence on imported energy resources, in particular, natural gas. The Energy Strategy of Ukraine is among a number of other documentsЕ Volodymyr Yakubovskyy First of all, it is advisable for investors to ask for the agreement to be subject to the law of a foreign jurisdiction and arbitration proceedings to ensure unbiased resolution of any potential dispute between the investors and the state of Ukraine. This is normal practice for this type of agreement. The common place for arbitration of energy related cases is Stockholm Arbitration. In case a product sharing agreement is subject to English law, investors may ask for either of the following two things or bothЕ Sergiy Danylenko Cooperation between private traders and foreign counterparts in the sphere of electricity supplies takes place on the basis of foreign economic agreements. The question about such cooperation is primarily connected with the export of electricity as Ukraine is an exporter of electricity and the country is as good as not engaged in the import of electricity. A foreign company entering into contracts with private traders must be aware of the Ukrainian procedure for export of electricity and of the status of supplier of energy (trader)Е Oksana Kyrychenko EFET has developed several standardized documents intended to facilitate the trading of energy. The General Agreement Concerning the Delivery and Acceptance of Electricity is one of these documents and an industry standard for European trading in electric power. Its current Ukrainian version, which is available on the EFET website, is a dual-language document with no significant deviations from the official text. In addition to the main body, an election sheet (for customizing or excluding specific provisions and stipulating additional provisions), annexes for confirming individual contracts, and ancillary documents (such as a collateralization annex) are among the components of the documentЕ HOME CURRENT ISSUE SUBSCRIBE & ORDER NEWS SPONSORSHIP & ADVERTISING GET PUBLISHED EDITORIAL CALENDAR ARCHIVE CONTACT HOME CURRENT ISSUE SUBSCRIBE & ORDER NEWS ADVERTISE GET PUBLISHED EDITORIAL CALENDAR ARCHIVE CONTACT BANNER EXCHANGE Copyright © 2003-2010 by Yuridicheskaya Practika Publishing. All rights reserved.