The Ukrainian Journal of Business Law

[http://pravo.ua/events.php?id=103] Counse link ABSOLUTE LAW AGENCY 2 Katerinoslavskiy Boulevard, TBC BOSFOR, Office 610,, Dnepr , 49044 , Ukraine 32/2, Moskovskaya Street, BC ЂSENATORї, 4th floor Kiev, 01010, Ukraine Phone: +380 44 569 1211 Fax: +380 56 732 3863 absolute@absolute.com.ua www.absolute.com.ua 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 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 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/ 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 LATEST NEWS March 21, 2019 AVELLUM advised EBRD on infrastructure financing to Negabarit-Service AVELLUM acted as the Ukrainian legal counsel to the European Bank for Reconstruction and Development in connection with a senior secured loan of up to EUR 2.6 million to Negabarit-Service LLCa Ukrainian leader in the oversized and complex auto cargo … March 15, 2019 Dentons launches 2019 edition of its СInvesting in renewable energy projects in EuropeТ guide Ten years after the European Union vowed to produce 20 percent of its energy from renewable sources by 2020, it has made huge progress toward that goal. Now, a new challenge beckons: In 2018, the EU formally set itself a binding target to achieve 32 … March 14, 2019 Avellum advised on IBRD-supported financing for Ukraine AVELLUM acted as the Ukrainian legal counsel to the Ministry of Finance of Ukraine in connection with two syndicated EUR-denominated facilities arranged by Deutsche Bank in December 2018 and March 2019 for the total amount equivalent to approximately… Read more news CURRENT ISSUE ( March 2019 ) In focus – White-Collar Crime This past year legislators paid attention to the fact that it was not just political instability that scares away investors from Ukraine. The pressure exerted by law-enforcement bodies within criminal proceedings is just as influential as other factors in making the business environment insecure... Expert Opinion УDawn Raids StopФ Laws: Where are We Now on Countering Pressure Exerted on Business? Sergiy Grebenyuk, Orest Stasiuk The shortcomings and discrepancies that can be found in Ukrainian laws as well as the proper operation of the Ukrainian judiciary and other law-enforcement agencies have been and continue to be viewed as factors affecting the level of the business climate and investment coming into Ukraine. At the beginning of 2016 the Business-Ombudsman Council summed up the most pressing issues in this area in its systemic report, referring, inter alia , to the unlimited terms of pre-trial investigation, uncivilized searches, impossibility for companies, subject to criminal proceedings, to effectively protect their rights as well as the lack of venue to hold law-enforcement officials personally liable in the event of unlawful actions... In Re Asset Recovery and Management Agency: Ukrainian Implementation Denys Nienov Within the framework of implementation of the EU Action Plan on Visa Liberalization with Ukraine and performance of other international obligations undertaken by Ukraine, the National Agency of Ukraine for Finding, Tracing and Management of Assets Derived from Corruption and Other Crimes was established (Asset Recovery and Management Agency, or ARMA) in December 2015. In terms of its structure, scope of functions and legal status, it has no equivalents in the system of Ukrainian public authorities. The main purpose of ARMA is to ensure the inevitability of negative consequences for commission of criminal offenses, primarily corruption, through the deprivation of offenders of the economic benefits derived from their misconduct... Crime and Punishment of an LLC Director Elena Koch, Maxim Karpenko The main purpose of establishing a limited liability company (hereinafter Ч LLC), irrespective of its jurisdiction, is limitation of possible liability, particularly financial loses that may occur as a result of the risky nature of entrepreneurship. Being УlimitedФ preserves the personal assets of a companyТs shareholders. ThatТs the main reason why this form of business organization is the most common in the world, and Ukraine is no exception. There were close to 600,000 LLCs in Ukraine as of 1 December 2018. News Deals AVELLUM advised PrJSC Jacobs Douwe Egberts Ukraine Asters advised Emer Group Limited AEQUO advised Posco Daewoo AVELLUM advised Kernel AEQUO advised Dragon Capital on acquiring stake in Ciklum † Cases Mariupol Heavy Engineering Machine Building Plant declared bankrupt Naftogaz wins UAH 5.2 billion from Ukrtransgaz in court case Privatbank won Hague court case related to assets in Crimea against Russia Draft There are proposals to increase the maximum income limit received by private entrepreneurs of groups 1-3 Ukraine likely to withdraw from treaty establishing economic space with Belarus, Russia Government supported Draft Law On Common Transit Regime Law aiming to create conditions for foreign trade development by Ukrainian companies Law digest State Budget of Ukraine to be planned three years in advance Ukraine and Switzerland amend convention on double taxation Parliament adopted law on protection of economic competition Biznews Energy Ukrenergo transferred to management by the Ministry of Finance Norwegian company to start building one more solar power plant in Ukraine Technologies Amazon invests half a billion US dollars in self-driving car Privatization Small privatization already earned UAH 700 million Trade Policy EU Ц Japan Free Trade Area Agreement came into force Fraud USA filed formal charges against Huawei Insurance AXA closed sales of its insurance business in Ukraine Competition AMCU allowed T.A.S. Overseas Investments Limited to acquire Cosmo chain Chamber News AmCham Ukraine Holds Annual Members Appreciation Reception in Kyiv The American Chamber of Commerce in Ukraine held its Annual Members Appreciation Reception on 5 February. It brought together 450+ distinguished guests, namely Chamber Members, state officials, partners and friends of the Chamber... Cover Story Legal Methods The transparency of the public sector is an attribute of developed countries. It ensures public trust in the state and its representatives. The launch of electronic declarations for all Ukrainian public servants, which envisages disclosure of assets and income, is a breakthrough step in fighting corruption. The exposure of wealth resulted in a new wave of suspects and prosecutions. Just as expected we are seeing more proceedings opened by law-enforcement bodies on the eve of the coming presidential elections. We talked to Olha Prosyanyuk and Artem Drozdov , partners at AVER LEX Attorneys at Law , to learn the latest practice in these cases and implications of the recently adopted decision of the Constitutional Court. The defense counsel always reveals a broader picture and explains how important it is to control the use of legal methods at all stages of proceedings. † How To How to Distinguish between Disputable Tax Matters and Criminal Tax Evasion Alexander Minin There are several reasons for raising this topic now: (i) a newly evolving wave of increasing criminal investigations on tax evasion, (ii) the fact that theyТre handled in the main by state agencies less than preceding ones (like the tax police) experienced in these issues (like the National Police), (iii) attempts to establish uniform state agency on finance/tax/budget-related and other economic crimes (like a bureau on financial investigations) without even trying to set out more precisely what the relevant crimes are. The increasing number of criminal investigations on tax evasion is seen in the following figures: based on the data reported by the Prosecutor-GeneralТs Office, the total number of criminal investigations on the subject (respective article of the Criminal Code ) launched just in the first 9 months of 2018 totaled 875, which was already more than for the preceding year of 2017 (838). That shows how this issue is growing. Argument Registration of a Foreigner as a Private Enterpreneur in Ukraine Bohdan Dutkovsky is a counsel at OSTIN Law Firm The possibility of an individual registering his or her business activity can actually, on the basis of a physical entityТs status, and, moreover to also obtain status of single tax payer, be considered a great УprivilegeФ in a democratic society. This is because in such conditions such an individual is free of charges to provide for the existence of such a legal entityТs attributes: administrative staff, office, complicated accounting, etc. These possibilities can be regarded as bigger УprivilegesФ for individuals who are not citizens of the state, where they expect to act in such manner and Ukraine provides such possibilities for its non-citizens. Crux Legal Digest A new portion of legislative novelties were submitted by the Ukrainian Parliament and Cabinet of Ministers last month, which leave many questions to consider. We asked a handful of experts to share their views on the Draft Law On the Regime of Common Transit ; † the idea of mid-term or multi-annual budgetary planning; prolonging of the moratorium on the sale of agricultural land; Agreement On the General Terms and Conditions of Supply of Goods between Organizations of the CIS Member States as well as Draft Law No. 6746 providing for more certainty in a number of procedural rules of the Law of Ukraine On Protection of Economic Competition and lots of other issues. † 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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