CURRENT ISSUE (December 2017)

In focus – Labor & Employment

The ambitious program of legal reforms straightens across judicial, competition, corporate and, finally, employment law. Last is certainly not least. The countrys labor and employment legislation required substantial changes as the market economy is constantly evolving. Moreover, harmonization with EU laws is certainly an anchor for introducing changes and work as gentle nudges.

Expert Opinion

Obstacle Race: Dismissing Unionized Employees

Inesa Letych

As a general tendency, the public perception of trade unions in Ukraine is rather ambiguous. On the one hand, there is common understanding of the primary role of trade unions as public institutions for protecting the rights and interests of employees.

In Re

Difficult Dismissals of Senior Managers

Lidiia Sanzharovska

Reasons for firing senior managers
For a legal entity to function properly it is very important that its top managers meet the highest standards of corporate responsibility, act in compliance with regulations themselves and actively introduce a culture of compliance in all spheres of a legal entitys activities, and that they also perform their duties in good faith and in full.

Aspects of Labor Law in Cross-Border M&A

Zoryana Sozanska-Matviychuk, Olga Kozachenko

A cross-border M&A transaction, just like any other complex project, multi-stakeholder project, requires careful planning to be properly implemented. Aspects of labor legislation will often be present, and clients should be well advised to think about those early in the process, and plan accordingly.

News

Deals

DLA Piper advised Aristocrat Leisure

AVELLUM advised Coast2Coast

DLA Piper advised McDonalds

Asters advised BSTDB

Cases

PrivatBank lost lawsuit to 1+1 TV affiliate 

Ukraine loses energy case in London

Parallel-M lost lawsuit for 1.5 million

Hackers stole USD 1 million from Credit Dnipro Bank

 

Draft

Law On Privatization of State Property approved in first reading

Draft of Election Code adopted at first reading stage

Procedure changed for enforced collection and maximum amount of fines

New measures for protecting business

Law Digest

Law On Utilities adopted in second reading

Tax on dividends, interest and royalties in UK to be raised

Ministry of Justice introduced mechanism excluding double land lease agreements

Law passed on preventing merger of entities, in which stakes are owned by sanctioned persons

Ukrainian President signed amendments to procedural codes

Biznews

Visa Policy

Rules for entering Schengen Area may change

Japan simplifies visa requirements for Ukrainians

Legaltech

Algorithm foreseeing potential judicial decisions

EU

First electronic signing of legal instrument on legal obligations

Competition

Google at centre of antitrust probe in Missouri, USA

Trade Policy

New EU anti-dumping rules

Sanctions

Lithuanias Seimas adopted Magnitsky Law

M&A

CMS European M&A Outlook

AMCU

AMCU authorized acquisition of 7 enterprises by Cypriot company

UBA News

Competition Forum: Penalty. Restructuring. Bankruptcy

Competition Forum: Penalty. Restructuring. Bankruptcy, organized by the Ukrainian Bar Association, took place in Kiev on 17 November.

Chamber News

American Chamber of Commerce in Ukraine presents the 2017 Thanksgiving Awards

On 18 November The American Chamber of Commerce in Ukraine presented the 2017 Thanksgiving Choice of the Business Community Award to the Acting Minister of Health of Ukraine Ulana Suprun. The award was for the development of the healthcare system in Ukraine.

Cover Story

Big Changes

The new Labor Code of Ukraine is on the agenda of legislators at the second reading stage. It is a widely recognized necessity to change employment legislation from the outdated Soviet one to the current needs of the market economy. Certainly, the document really does provide for big changes that will touch everybody in this country. We met Tetyana Ivanovych, counsel of Spenser & Kauffmann, to find our way around the numerous novelties, rights and duties of employers and employees.

Hot Issue

Amending Rules for Employment of Foreigners in Ukraine

Vasyl Cherednichenko, Tetiana Yashchenko

Globalization is a powerful trend that has taken in almost all countries around the world. Ukraine amends its legislation and implements new instruments, procedures for evolving its legislation and harmonizing it with modern requirements for the economic development process so the country can enjoy as many more benefits of this globalized world as possible.

Biz Lunch

Competitive Environment

Australia is often called the remote continent even though its market is mature and highly integrated with the Asia-Pacific region. Inbound investment is leading to the arrival of global players, and technological developments within the country also boost its highly competitive environment. Right after the IBA Annual conference in Sydney, we visited the office of Australian law firm Henry Davis York and asked its managing partner, Michael Greene, to tell us about the current state of play in this market. The conversation is very timely and relevant as the firm recently merged with Norton Rose Fulbright.

Venue

Dentons celebrates 25 years in Ukraine

To mark the occasion of its 25th anniversary in Ukraine, global law firm Dentons held a gala charity eventat the Art Ukraine Gallery in Kiev. As part of the event, Dentons held a silent auction to benefit Tabletochki, an international charity that protects the interests of children with cancer in Ukraine.

Crux

Legal Digest

Last month was notable for a number of legislative initiatives, like the signing of the Protocol amending the DTT between Ukraine and the UK; new anti-dumping rules adopted by the EU Parliament; the Law On Audit of Financial Statements and Auditing Activity. We also ask for hands on comments on the new Draft On Privatization of State Property; mechanism for automatic data exchange between the Register of Property Rights and the State Land Cadastre; creation of the National Bank of Ukraines Credit Registry.

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