The Ukrainian Journal of Business Law

[http://ukrainianlawfirms.com/doc/Questionnaire_eng_2019.doc] 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 CURRENT ISSUE ( November 2019 ) In focus – Transport & Infrastructure UkraineТs place at the transportation routes between Europe and Asia, the Baltic States and the Black Sea region is just part of its truly amazing potential. Naturally, our country should be an international transportation hub but, unfortunately, it isnТt. Expert Opinion Will PPPs Build the Future of Ukraine? Volodymyr Yaremko, Vladlena Lavrushyna Public-Private Partnerships (PPPs) are popular around the world for implementing infrastructure projects. The†World BankТs PPP Knowledge Lab †defines a PPP as Уa long-term contract between a private party and a government entity, for providing a public asset or service, in which the private party bears significant risk and management responsibility, and remuneration is linked to performanceФ. In Re Electronic Document Management Irina KRAVTSOVA, Elena LOZINSKAYA Electronic document management has long ceased to be an exotic definition in Ukraine. After the tax invoice, the delivery note has become the next major transfer to electronic form. From 12 July 2019 the delivery note can be issued in electronic form under the Order of the Ministry of Infrastructure of 3 June 2019 No. 413, which amends the Rules for the carriage of goods by road in Ukraine, approved by the Order of the Ministry of Transport of 14 October 1997, No. 363 (the Cargo Transportation Rules ). At the same time, the parties of the contractual relations can choose independently the form in which the delivery note will be designed, as arrangement of the delivery note in electronic form (e-delivery note) is an option, but not an obligation, and the paper form has the same legal force as before. Role of Collective Bargaining Agreements in Shipping Oleksandra FEDKO The maritime shipping industry is peculiar in many aspects. However, it is virtually unique thanks to one feature: its bargaining system. Global union and employersТ associations negotiate over crucial terms of employment of seafarers and the result of such negotiations lead to immediate effect to the whole industry regardless of borders and nationalities. Development of Aviation Industry in Ukraine Rostyslav Nykitenko Aviation is a very promising area of ​​infrastructure development currently undergoing reform in Ukraine. Considering the favorable territorial position of the country, the aviation industry is an important element of public policy aimed at sustainable economic development. The first steps to establish air transportation on the territory of Ukraine were made in 1923. The first Ukrainian airline, called Ukravozduhput, was created. News Deals AVELLUM advised MHP on USD 350 million Eurobond issue CMS advised EBRD on green logistics loan KPMG Law Ukraine acted as legal advisor to Slovak company† E Group† Redcliffe Partners advised EBRD on a USD 56 million loan to Kernel Cases † National Bank won action against Kostyantyn Zhevago Court dismissed claim on Dniproavia nationalization PrivatBank wins appeal against former owners in London court Draft Government initiatives on introducing changes in countering money laundering Alternative draft law made public on freeing land market Activities of State Customs Service and the State Fiscal Service in framework of single legal entities Law digest Laws on introduction of single account for tax payment adopted Economic activities licensing President signed law on geographic indications protection Law on revocation of licenses for telecommunications operators published Law On Protection of Financial Service Consumers signed Biznews Renewable Energy More than EUR 2 billion invested in green energy since start of 2019 Competition Antimonopoly Committee fined two companies owned by Renat Akhmetov Trade Policy USA imposes duties worth USD 7.5 billion on imports from EU EUЦUkraine trade turnover rose by 9% and reached EUR 40 billion State Policy The Cabinet of Ministers plans to close more than 1,000 state-owned enterprises Government instructed state giants to sell excess property Cabinet of Ministers established Commission on Business Protection Banking & Finance EBRD and EU allocated EUR 70 million to three Ukrainian banks Oil & Gas Ukraine increased capacities for gas import from Poland † † Chamber News Business Community met with the Prime Minister of Ukraine Oleksiy Honcharuk On 4 October member companies of the American Chamber of Commerce in Ukraine , the European Business Association , and the Union of Ukrainian Entrepreneurs met with the Prime Minister of Ukraine Oleksiy Honcharuk . Cover Story Commercial Viability Being a geographical bridge between East and West, Europe and Asia, Ukraine has the evident task of become a central transportation hub between two continents. Several governments have set out strategic visions and long-term plans. However, efficient reforms start by revealing restrictions and constraints to investments. Big money, which the transport sector requires, usually follows sustainable commercial viability. UkraineТs visa-free regime with the EU became the impetus for the aviation industry. Dr. Anna Tsirat, partner of Jurvneshservice Law Firm, has revealed evidence of the sectorТs development. Some insights are definitely benchmarking for policy-making which is taken place at the moment. Argument Opportunities for Piercing the Corporate Veil in Ukraine Ruslan YURCHENKO The separate personality of a legal entity is one of the most significant principles of corporate law. This principle provides that “a shareholder (founder) of a legal entity shall not be liable for the obligations thereof, while a legal entity shall not be liable for the obligations of its shareholder (founder) unless otherwise provided by constitutional documents or by law” 1 . Additionally, Ukrainian law draws a sharp distinction between shareholders’ rights and interests and their legal entity’s rights and interests, which cannot be considered identical to the simple set of its shareholders’ rights and interests. As a rule, shareholders may not bring an action for protecting their legal entity without special power 2 . Venue Legal Gangnam Style Being known around the world after a hit by Korean pop star Psy the central district of Gangnam in Seoul became the meeting point of the prestigious annual conference held by the International Bar Association (IBA) on September 22-27. This is the first annual gathering of the IBA in South Korean capital in the 72-year history of the association. In addition to the focus on the Asian region, the host country had a unique chance to present its jurisdiction, express the expectations of business, demonstrate strong institutions and unique culture. Crux Legal Digest In the previous month, the Ukrainian Parliament, kept working in so-called Уturbo regimeФ, which resulted in an impressive number of adopted laws, many of which may have a significant impact on various business industries, while others drafts are about to be discussed. Important legislative acts include a Law On Concession, laws related to licensing and the highly-discussed Draft Law On the Agricultural Land Market. We asked experts to provide their opinions on these main 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. 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