#10 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 today’s 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 Ukraine’s 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 Dentons’ 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.

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