The Ukrainian Journal of Bussines Law

[http://www.inta.org/2013AM/Pages/Overview.aspx] 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 Ilyashev & Partners 11 Kudryavska Str, Kyiv , 04053 , Ukraine Phone: +38 (044) 494 19 19 Fax: +38 (044) 494 19 99 office@attorneys.ua www.attorneys.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 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 ( March 2013 ) In focus – Energy & Natural Resources Having one of the most unfavorable state contracts for gas supply with Russian Gazprom in modern Ukrainian history, the Ukrainian economy has no other choice than to start functioning in retrenchment modeЕ Expert Opinion The Peculiarities of Legal Regulation of Production Sharing Agreements Alexey A. Kot, Ivan G. Zievakov One of the few industries in Ukraine where remarkable changes in the activity of foreign investors were observed in 2012 is subsoil use, particularly in the production of hydrocarbons in Ukraine and the sea shelf. In general, Ukrainian legislation and established practice make it possible to determine three ways in which a foreign investor can conduct a geological survey and mining operation activities in Ukraine... In Re Production Sharing Agreements as the Most Efficient Legal Regime for Subsoil Use in Ukraine Armen G. Khachaturyan, Tamara V. Lukanina, Yaroslav A. Petrov In 2012 the Ukrainian Government held 3 tenders on execution of production sharing agreements (the PSA) for hydrocarbons to be recovered at 2 onshore and 1 offshore blocks. As a result of these tenders, Shell won the tender for the YuzivsТka block (Eastern Ukraine), Chevron Ч for the OlesТka block (Western Ukraine) and the consortium consisting of ExxonMobil, Shell, OMV and PJSC NAK Nadra Ukrayny Ч for the offshore SkifsТka block (the Black Sea). On 24 January 2013 the PSA regarding the YuzivsТka block between Ukraine, Shell Exploration and Production Ukraine Investments (IV) B.V. and Nadra YuzivsТka LLC was executed in DavosЕ New Regulations on the Use of Renewable Energy in Ukraine Dr. Oleksiy O. Feliv The renewable energy market in Ukraine has been very active lately both due to high feed-in tariffs (so-called Green Tariff) and political desire to diversify the use of energy resources and its dependence on oil and gas. On 20 November 2012 the Ukrainian Parliament carried out the first big review of the Green Tariff provisions adopted in 2009 and enacted some important legislative changes. As the title of the new law suggests, the changes are intended to УЕ stimulate production of electric energy from renewable sourcesФ. Below we would like to give a short overview and some critical analysis of the new provisionsЕ The Impact of Tax and Legal Incentives on Solar Energy and Wind Projects in Ukraine Oksana I. Olekhova, Olga I. Lubiv Global processes in the world, as well as growth of world industrial production, are leading to a significant increase in energy consumption and, as a result, causing significant damage to the environment. At the moment it seems that environmental problems are the most important to the world community and give a stimulus to the development of renewable or alternative sources of energyЕ Due Diligence of Renewable Energy Projects: be Ready to Buy Half-Ready Oleg A. Klymchuk The Ukrainian renewable energy market is still at an early stage of development if compared to the countries of the European Union. However, the Green Tariff, granted for production of renewable energy has led to significant development of this sector. While first renewable power projects have been started, more and more investors realize to benefits of investments to this fast-growing industry sector. Now there is a growing trend for investors to pay attention to the secondary market, i.e. to those renewable projects, which are under development or shovel readyЕ Challenging Alternative Legal Regulation of Biogas Production Kateryna A. Nastechko Global concern about the environment has influenced the development of alternative sources in the last few years. Biogas technologies are complying with the principle of stable development and enabling the use of waste to produce gas or energy, fertilizers, etc. Besides, biogas could be used in cars, which donТt need essential rebuilding. Biogas increased to the quality of natural gas (biomethane) can be supplied to the general gas-distributing network, which is a good way to transport biogas for consumers and energy accumulationЕ Hot Issue The LNG Terminal in Ukraine: Legal Obstacles on the Path to Implementation of the National Investment Project Oleg O. Milchenko The industry of liquefied natural gas (LNG) trading has been growing fast for the last few years. LNG may be a real alternative to conventional methods of natural resources supply as it gives an opportunity to select among suppliers of the gas. Moreover, it may be an effective tool for countries where geography does not allow locating pipelines or their construction will be cost-ineffective. Thus, for instance, island-based Japan became a leader in developing LNG facilities with its more than 25 LNG import terminalsЕ Argument UkraineТs Local Content Requirement in the Light of WTO Rules: is a Win-Win-Win Approach Possible? Volodymyr M. Matenchuk Until recently, electricity in Ukraine has been produced essentially from conventional sources (i.e. fossil fuels and nuclear power). The idea of increasing the share of renewable energy in UkraineТs energy mix has recently been gaining ground. Starting from 2008, Ukraine introduced a Green Tariff (more commonly known as a feed-in tariff, or in other words, a preferential guaranteed price) applicable to electricity produced by electric power generators which use alternative energy sources... Global Legal Update International Legal Framework for Protecting the Black Sea Environment: Historical Traits Iryna S. Glushchenko Although well-chartered for thousands of years before the Common Era, the waters of the Black Sea had to wait a long time before specific legal instruments for protecting its environment were adopted. In the long-term perspective the protection of the marine environment in the Black Sea region has become a source of concern for the international community due to growing deleterious and destructive effects taking placeЕ SPECIAL RESEARCH ON THE LEGAL MARKET IN RUSSIA Russia: from the Inside out After the publication last autumn of special research on the legal services markets n Russia, Belarus, Kazakhstan and Georgia, as printed in our Russian language annual publication УLaw Firms in Ukraine 2012Ф, the English speaking readers of the UJBL expressed their interest in the findings we made. We agree that the markets we have tried to find out more about are extremely interesting and diverse. Data collection tools consisted of in-depth interviews and questionnaires. After numerous requests, the Russian market report is now available in EnglishЕ Crux Labor Innovations under Review Inesa Letych Apparently, the 5% quota for employment of persons with limited competitiveness (young professionals without an employment record, persons of pre-retirement age, etc.) tops the list of the most disturbing novelties for Ukrainian employers, as envisaged by the new On Employment Act of Ukraine, which has been in effect since 1 January 2013Е Andriy Kubko On the whole, if compared to the existing Labor Code, the Draft Code is more suited to deal with the realities of employment relations. Provisions of the new Labor Code are more flexible and give the employer broader opportunities to use labor resources in line with the objectives of the business and the situation on the marketЕ Oleg Shekhovtsov The Draft Labor Code is full of minor gaps which are inevitable when an important document is developed by a narrow group of people. The initiating authors (three MPs) did not bother to prepare a list of their co-authors. For instance, the exhaustive list of the main rights of employees (Article 21) appears to be ambiguous given that the Constitution proceeds on the basis that the fundamental human rights stated in it cannot be exhaustiveЕ Alexey Pokotylo The legal framework of employment relations in Ukraine has long since required major revision. The current Labor Code of Ukraine adopted in 1971 and amended many times in the following 40 years remains largely outdated, and the many relating laws and regulations are often difficult to comprehend for non-lawyersЕ Taras Utiralov The new Employment Act, as well as the Draft Labor Code are generally aimed at improving labor rights protection in Ukraine. Some of their rules are expected to have impact on employment-related disputes. At present the claims of local employment authorities for recovery of unreasonably received unemployment compensation and for unpaid unemployment insurance fees are among the most widespread litigations regarding employmentЕ 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 © 2003-2013 by Yuridicheskaya Practika Publishing. All rights reserved.