The Ukrainian Journal of Bussines Law

[http://www.portmone.com.ua/v2/ru/services/periodicals/2533/] 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/ Misechko & Partners 76B Volodymyrska Street, Office 7, Kyiv , 01033 , Ukraine Phone: +380 44 279 3943 Fax: +380 44 287 5480 office@misechko.com.ua misechko.com.ua Sayenko Kharenko 10 Muzeyny Provulok, 7th floor, Kyiv , 01001 , Ukraine Phone: +380 44 499 6000 Fax: +380 44 499 6250 info@sk.ua www.sk.ua 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 ( November 2013 ) In focus – Trade & Customs Ukraine has committed itself to international incentives on trade facilitation, which means simplification of customs procedures and improvement of efficiency at the border. This is rather welcomed by business to eliminate high cost of meeting regulatory requirements in the course of doing cross-border trade… Expert Opinion WTO Law: Customs Formalities and Procedures to Be Administered in a Uniform, Impartial and Reasonable Manner Nataliya Y. Mykolska, Anzhela M. Makhinova On 14 August 2013 the customs authorities of the Russian Federation (RF) unexpectedly strengthened control under customs clearance of all products arriving from Ukraine. All imported products went through a thorough verification, weighting and/or loading/unloading and additional scrutinized verification of all documents submitted for customs clearance purposes, etc. As a result, almost all Ukrainian imports were delayed and the Ukrainian importers faced sharp increase of transport expenses and losses. The RF’s official position was that the customs authorities have been acting in line with the Russian customs regulations… In Re Use of Foreign Data by the Ukrainian Customs Office: Effect on Foreign Manufacturers and their Local Distributors in Ukraine Taras H. Koval, Oleksiy V. Soloviov This article uncovers the practice of tracking and assessment by the Ukrainian customs office of data submitted by exporters — foreign manufacturers — to their national authorities for the purpose of export clearance of goods to be imported into Ukraine. The article illustrates the possible effect of such assessment on manufacturers and distributors in Ukraine in case discrepancies are identified by the Ukrainian customs office between the data filed by exporters and the data filed locally in Ukraine by importers (distributors)… Incorporation of Rules relating to Transportation of Goods that may Liquefy into FOB Contracts Oleg O. Milchenko Ukraine is a major exporter of iron ore concentrate and iron ore fines. Export of those goods to remote foreign countries is performed in bulk through Ukrainian sea ports. In 2008, the International Maritime Organization adopted the new International Maritime Solid Bulk Cargoes Code (IMSBC), in which the rules and peculiarities of the shipping of bulk cargoes were set out. In 2011, amendments to SOLAS 74 Convention were made according to which application of the IMSBC to shipments made by vessels flying the flags of members of the mentioned convention became mandatory. Of course, those changes to the rules on transportation of goods in bulk affected Ukrainian consignors as well… Regulation of Biofuels and the WTO Yelyzaveta V. Badanova The Dispute Settlement Body (DSB) of the World Trade Organization (WTO) has become a battlefield for members with differing views on acceptable trade practices in the Renewable Sector. One of the most recent controversies relates to certain aspects of implementation of the mandatory target for biofuels in the EU. The aim of this article is to examine the details as well as the wider context of this case to analyze if its outcome could be relevant to regulating biofuels in Ukraine… Tax Regulation Ukraine followed the example of numerous countries, and starting from 1 September 2013, the tax legislation contains provisions on transfer pricing. The purpose of the new legislation is to introduce a system of the tax control over prices in contractual relations between related parties, as well as with non-residents. Thus, for tax purposes, usual prices will be applied for the transactions that are recognized as controlled ones… Cover Story Danylo Getmantsev: Demanding Changes Domestically As a part of the autumn series of events to celebrate the 10th anniversary of Jurimex Law Firm, on 2 October the conference “How to Start Business in Ukraine” was held by Jurimex Law Firm and its Spanish partner, law firm Global Abocados, in cooperation with the Chamber of Commerce of Barcelona. The conference generated keen interest on the part of Spanish businesses as they are very actively looking for investments in new markets. Apart from it, the conference covered the main aspects of investment climate in Ukraine for a foreign business. We have asked Danylo Getmantsev, PhD, honorary president of Jurimex, to share his comments on the venue… Regional Supplement - Emerging Markets Unique Challenges Kinstellar is known as an independent law firm dealing in Emerging Europe and Central Asia. Apart from its strong regional focus, the firm has demonstrated an ambitious expansion strategy across the region. We asked the firm’s managing partner, Jason Mogg, to share his experiences of operating across the selected geographical coverage and management issues… Marketing Strategies in Brazil The impact of the crisis has not been felt so deeply in Latin America, compared with other developed economies of the world. The economic growth of the countries in the region, mainly Brazil and Mexico, is fixed by rather strong consumer markets. Bearing in mind its position as the largest economy in Latin America, Brazil’s legal market is known as one of the most sophisticated markets in the region. In the midst of a highly dynamic environment, the importance of legal marketing to law firms in this country has grown substantially. We’ve asked Alessandra Machado Gonçalves , independent consultant and coach, to share her expeсtations from new trends and innovations of legal marketing in Brazil… Venue I Annual In-House Counsel Forum The I Annual In-House Counsel Forum organized by Yuridicheskaya Practika Publishing took place on 17 October 2013 at the Premier Palace Hotel . The Forum is a new special project of Yuridicheskaya Practika aimed at giving exhaustive information on the activity of the legal department of Ukrainian companies. Among the participants were heads of legal departments of leading Ukrainian companies, representatives of bodies of power and court, practicing lawyers and partners of Ukrainian and international firms. Despite the fact that the event of such kind was held for the first time, it immediately gathered more than 200 participants… Crux Sensible Implementation Ukraine, being an independent state as well as a former part of the Soviet Union, signed and ratified many international treaties. Areas like commercial and trade matters, human rights, IP and many other areas are under international regulation. Quite often the problem of thoughtless implementation of international legislation in national legislation arises, as is seen by the example of maritime law. These and many other issues are examined by the monthly discussion panel… Taras Utiralov Almost any treaty a state enters into gives it some benefit as a result of a compromise aimed at resolving problems which impede cooperation or getting additional advantages in relations. Therefore, almost all treaties concluded by Ukraine are important at least for that field which they are intended to regulate. There are, of course, treaties which have an impact on nearly all spheres of legal practice. The Convention Abolishing the Requirement of Legalisation for Foreign Public Documents (1961) is surely one of them… Bogdan Bilenko Ukrainian law-enforcement authorities often resort to assistance from their foreign colleagues both in the investigation of criminal offences and in cases related to economic crimes. More often, they address the law-enforcement authorities of CIS countries in order to receive legal assistance. The main disadvantage related to the application of international agreements on rendering legal assistance in criminal cases is lack of operational and effective coordination between the law enforcement authorities of the requesting country and the law-enforcement authorities of the executive country… Irina Pavliuk Double Taxation Treaties (DAT) concluded by Ukraine will be applied if such treaties provide for other taxation rules than those provided in the domestic legislation. But there are some restrictive preconditions for such application, which may be specified as follows: — Substantive: limitation on benefits provisions (LOB); concept f beneficial owner. — Procedural: presentation of ax Residence Certificate… Andriy Selyutin According to the Constitution of Ukraine, an international treaty duly ratified by the Parliament of Ukraine is deemed to be an integral part of Ukrainian domestic legislation. One could treat it as though there is no need to double appropriate provisions of the international treaty by adopting a law, while the ratification of the treaty might be enough. The issue of real implementation may be easily described in terms of International Convention Relating to the Arrest of Sea-Going Ships (1952)… Natalia Mescheriakova With inuring the Proposal for a Council Decision on the conclusion of the Association Agreement between the European Union and its Member States, of the one part, and Ukraine, of the other part the geographical indications of the products that are under the EU protection (Chapter 9, Sub-section 3) shall be kept in Ukraine as well. Consequently, Ukrainian producers would have to abandon the use of these names familiar to Ukrainian customers… Khrystyna Kostiushko From the legal standpoint, Ukraine can accede to the international treaties of the Customs Union which do not conflict with the provisions of the Association Agreement between the European Union and Ukraine (Agreement). In this regard, Article 39 of the Agreement provides as follows: “This Agreement shall not preclude the maintenance or establishment of customs unions, free trade areas or arrangements for frontier traffic except insofar as they conflict with trade arrangements provided for in this Agreement”… Nataliya Mykolska It is well-known that Russia is a major trading partner for Ukraine, amounting to almost 30% of Ukraine’s foreign trade turnover. Thus, both the Ukrainian Government and industries welcomed Russia joining the WTO expecting more predictable and transparent rule sand practices for international trade. Unfortunately, notwithstanding obligations undertaken by it, Russia continues to create trade barriers for Ukrainian imports prohibited in the WTO… 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.