The Ukrainian Journal of Business Law

[http://ukrainianlawfirms.com] 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 Senator Business Center, 32/2 Moskovska street, 10th floor, Kyiv , 01010 , 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 DLF attorneys-at-law Torus Business Centre, 17d Hlybochytska Street, Kyiv , 04050 , Ukraine Phone: +380 44 384 24 54 Fax: +380 44 384 24 55 info@dlf.ua www.dlf.ua ECOVIS Bondar & Bondar Law Bureau 3 Rognidyns'ka street, office 10, Kyiv , 01004 , Ukraine Phone: +38 (044) 537 09 10 Fax: +38 (044) 537 09 10 Kyiv-law@ecovis.com www.ecovis.com/ua GOLAW 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 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 KUSHNIR, YAKYMYAK & PARTNERS 19-B Instytutska Street, Suite 40, Kyiv , 01021 , Ukraine Phone: +380 44 253 5939 Fax: +380 44 253 5940 kypartners@kypartners.com www.kypartners.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/ 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 CURRENT ISSUE ( October 2017 ) In focus – Government Relations Business interests and subsequent planning are getting more sophisticated. Pure calculations, partner screening, legal due diligence are all a must but not enough to make strategic decisions. A farsighted approach includes Government Relations, policy impact assessment, stakeholder analysis, provision of technical expertise to policy-making actors. Foreign business is especially concerned about these issues prior to taking any steps towards future investments. In an ever-changing legal environment, it is proper diligence that may save a lot. Expert Opinion Law-Making Things Happen Taras Dumych The involvement of law practitioners in the lawmaking process has proven to be essential for the outcome of such activity to best serve the needs of individuals and businesses as well as the needs of countries and nations, enabling the latter† to play leading global roles in the history of mankind. Examples of such success experience may include the Roman Empire in ancient times, and countries like the United States and the United Kingdom in the modern era. In Re Healthcare Reform: the Synergy of Power and Legal Advisers Dmytro Aleshko, Nataliia Spivak The recent dynamic development of the legislation which regulates the healthcare sector and particularly the pharmaceutical market is due to the active process of its harmonization with the legislation of the European Union. It is these dynamics that distinguish this relatively young sphere from many others. Competition Law vs. the State Serhiy Shershun, Bohdan Ilchenko Increasingly business in Ukraine has, despite all the reforms in the public sector, started suffering due to a number of decisions and acts issued by the state authorities with the intention of developing regulations. Even in a market-friendly environment, regulations or acts issued by state authorities can be a matter of concern. Sporadic Lobbying: A Duel of Ideas, or a Game with no Rules? Andriy Dovbenko The activities of non-governmental organizations, the regulatory work of executive authorities and, finally, the legislative process itself are spheres where lobbying, be it open or covert, is an indispensable element of public governance. However, in todayТs collective consciousness, this statement will likely have a negative connotation due to its relationship to such concepts as nepotism, protectionism and, in a wider sense, illegitimate gain for certain individuals. News Deals INTEGRITES closed two major transactions Sale of Karavan hypermarket chain to Auchan Group completed BPU and Asters advised ViDi Group companies Cases 56% stake in Motor Sich seized Google appeals against fine imposed by European Commission Court to review fine imposed on Intel Myronivsky Hliboproduct won case against German TV channel Naftogaz filed lawsuit against Russia in The Hague Russian airline fined for flights to Crimea Transparency International filed suit against Prosecutor’s Office Draft Draft State Budget for 2018 European Parliament approved “solidarity” law on gas sharing Changes to Law On Advertising Regional Convention on Pan-Euro-Mediterranean Preferential Rules of Origin Law digest Parliament adopts changes in taxation of foreign investors income List of stock exchanges for preferential taxation of non-residents’ income approved Conditions for applying enforcement actions to banks changed New opportunities for mobile operators to respond to abuses by subscribers Biznews Technologies SETAM transferred to Blockchain Banking & Finance NBU to publish financial statements of banks on monthly basis EBRD support for innovative projects Trade Policy Ukraine to initiate dispute with Kazakhstan within WTO framework Tax New service for VAT payers begins Information Security Initiative to establish EU Cybersecurity Agency Antimonopoly Committee of Ukraine AMCU fined two companies for collusion in Yuzhny Sea Port Competition Advertising of some dietary supplements and cosmetic products recognized unfair M&A Google bought into HTC business UBA News UBA Committee on International Law On 7 September 2017 the UBA Committee on International Law held a meeting dedicated to the main issues of international legal guarantee of security and for the development of the fuel and energy sector.† The main speaker at the meeting was Ielyzaveta Badanova , deputy head of the legal department at PJSC Naftogaz of Ukraine . Chamber News Arrival of first shipment of U.S. coal in Ukraine marked On 13 September the American Chamber of Commerce in Ukraine together with Yuzhny Sea Trade Port , Centrenergo and Chamber Member Company Xcoal Energy & Resources , with support from the U.S. Embassy in Ukraine, held an event on the occasion of the arrival of the first batch of U.S. anthracite coal. On 13 September† the Ocean Ambitious vessel with 62,000 tons of American anthracite coal on board for Centrenergo, arrived at Yuzhny Sea Trade Port. Unloading takes 4 days. Cover Story Reliable Partner The issue of Professional Government Relations services is widely discussed as something very relevant for Ukrainian realities. Although sensitive, lots of room remains for discussion about social perception and regulatory issues. Alexey Starodubov , a founder of UA Direct, business partner at Sayenko Kharenko , told us about the challenges and opportunities presented by UkraineТs embryonic and unregulated lobbying services sector. Argument Quicker Justice in International Arbitration: is it Possible? Olexander Droug, Olesia Gontar Arbitration has now firmly established its position as a preferred dispute resolution mechanism in international business. The common view is that arbitration is much more convenient as compared to litigation given that it provides significant flexibility of the proceeding, ensures confidentiality and establishes a unified regime for the recognition and enforcement of arbitral awards. Leaving aside other advantages of arbitration, and there are indeed many of them, the parties are increasingly concerned with the cost and length of arbitration proceedings. These concerns of the parties, and accordingly of the arbitration community, resulted in amendments being introduced recently to various arbitration rules with a view to accommodating the demands and expectations of users. In general, there are two ways in which arbitration institutions respond to demands for more time- and cost-efficient arbitration proceedings: Biz Lunch Full International Role The stable and certainly comfortable business environment in Canada boosts its business opportunities. After a series of mega-mergers across the globe, the legal market of Canada has been empowered with big international players. Tom Houston, partner of DentonsТ office in Ottawa, shared his views on the market landscape and the evolving needs of clients to play an international role. Crux Legal Digest Over the course of the last month our team monitored legislative initiatives and changes that may be of particular interest. We asked legal experts to give us their hands-on comments. Particularly on our radar are amendments to the Tax Code of Ukraine regarding the taxation of incomes of non-residents who have invested in securities; draft laws regulating the activities of pawnshops as well as credit unions; amendments to the Land Code of Ukraine. Of course, it is important to mention the novelties of the National Bank of Ukraine as well as touch upon such a tremendous current topic as cryptocurrencies. Subscribe Subscribe to The Ukrainian Journal of Business Law right now and enjoy the most relevant issues on doing business in Ukraine on your device or in print. All this for just USD 9.99 a month. 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