#11 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…

With the support of 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…

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…

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…

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