Corporate, Antitrust, Real Property, Intellectual Property & Litigation Law Firm in Kiev, Ukraine
Law Firm OverviewFrishberg & Partners, founded in 1991, is an independent full-service law firm located in Kiev, Ukraine. We focus our practice on corporate law specializing in due diligence, mergers and acquisitions, anti-trust, real property transactions, IP and business litigation. With over 15 years of hands-on experience in Ukraine, attorneys of the firm have dealt with countless obstacles encountered by national and foreign companies. As a result, Frishberg & Partners can offer extensive practical expertise to resolve virtually any legal problem.
The firm issues its annual legal reference guide "Doing Business in Ukraine", covering topical legal issues, which face foreign investors coming to Ukraine. When necessary, attorneys of the firm collaborate with specialists renowned for their expertise, such as Alexander Paskhaver, former advisor to the Ukrainian State Property Fund and President Viktor Yuschenko; Taras Kuzio, Professor of the George Washington University and Semyon Tartakovsky, well-known trademark and patent expert.
Our unique blend of American and Ukrainian legal and government experts, coupled with a friendly and pro-active approach to problem solving, helps our clients to safely navigate the turbulent waves of local business practices. We welcome the opportunity to hear from you or your company's management, investors, directors or legal counsel.
Year this Office was Established: 1991
Languages: English, Russian and Ukrainian.
Areas of Law
- Admiralty & Maritime
- Agricultural Law
- Antitrust & Trade Regulation
- Business & Industry
- Business Formation
- Business Law
- Business Litigation
- Civil Litigation
- Commercial Law
- Commercial Litigation
- Competition Law
- Construction Law
- Consumer Law
- Corporate Law
- Corporate Taxation
- Customs Law
- Environmental Law
- Financial Litigation
- General Practice
- Intellectual Property
- International Arbitration
- International Investments
- International Law
- International Trade
- Joint Ventures
- Landlord & Tenant Law
- Legal Economics
- Licensing Law
Additional Areas of Law: Due Diligence; Company Formation; Agribusiness & Food Processing.
Areas of Law Description
Frishberg & Partners provides the full range of corporate legal services, including:
- Corporate Law and M&A
Over the last 15 years, Frishberg & Partners has served as corporate counsel to multinational companies and banks. We have registered a multitude of joint ventures, subsidiaries and representative offices in Ukraine. By now, the registration process is well-established, as is liquidation.
• Company Formation
We assist clients that are interested in setting up operations in Ukraine by selecting the optimal legal form to fit the clients’ specific business needs, drafting all related corporate documents, including foundation documents, protocols, lease agreements, labor agreements and perform all the necessary registrations with the local authorities.
• Mergers & Acquisitions
Frishberg & Partners has served as corporate counsel to multinational companies and banks since 1991. By now, the registration process is well-established, as is liquidation. Acquisition of controlling blocks of shares in Ukrainian companies, however, is an entirely different game, requiring knowledge and experience of local corporate legal specialists.
• Due Diligence
Frishberg & Partners has extensive experience in the research and drafting of due diligence reports on behalf of both private and government-funded clients with interest in privatization or acquisition of stock in private Ukrainian enterprises. This process involves asset valuation, verification of legal status and ownership rights, and compliance with accounting requirements.
More recently we assisted a Swiss company with the acquisition of a 75% equity stake in a respected Ukrainian glass-manufacturing facility. In addition to due diligence and preparation of the share-purchase agreement, we cleared this transaction with the Anti-monopoly Committee.
Frishberg & Partners also played an active part in the development of mass privatization in Ukraine. We were asked by Price Waterhouse to advice on reconciliation of USAID’s vision of mass-scale privatization with the prevalent legislation. Our work with Price Waterhouse resulted in the introduction and distribution of Ukrainian privatization certificates.
- Real Estate
Since opening our Kiev office in the fall of 1991, Frishberg & Partners has had roots in Ukrainian real estate transactions. In fact, our first client matter involved the acquisition of an apartment for a Western Embassy. Since then, we have worked on countless acquisitions and leases of apartments, buildings, office premises, warehouses and factories.
- Agribusiness & Food Processing
Our firm assisted a major Dutch trader of cheese products in setting up a dairy farm and yogurt-manufacturing facility near Kiev. This work involved joint venture formation with local partners, land-allocation, licensing and product certification, among other matters.
- International Trade
Frishberg & Partners is proud to have a highly experienced international trade practice, which offers the full spectrum of cross-border trade regulation to assist our clients in maximizing their trade opportunities while minimizing the associated risks and accompanying costs. We regularly advise clients on all aspects of international trade transactions.
Our firm has provided a range of legal services to a major French telecommunications firm. Specifically, our attorneys assisted this client with the negotiation of terms and conditions for a joint venture with a local, Kharkiv-based company. Our role in this project included drafting, negotiating, and registering all contracts and other required documentation.
- Tax Advice
Ukrainian tax legislation is one of the most complicated areas of law. Our goal is to minimize the risks and tax burden on your company, while making your transactions safe and effective. The Frishberg team analyzes tax implications of different types of business transactions, including import-export agreements, agency agreements, mergers and acquisitions.
- Labor and Immigration
Frishberg & Partners have extensive experience advising corporate management on all aspects of labor and employment-related matters. Attorneys of Frishberg & Partners advise numerous corporate clients on matters relating to employment law, including: obtaining work permits for foreigners in Ukraine; preparation of all necessary documents and registration of enterprises, which hire foreign citizens, etc.
- Intellectual Property
The law offices of Frishberg & Partners offer clients a full range of legal services relating to the protection of intellectual property, including representation before the Chamber of Appeals of the State Patent Office of Ukraine, Anti-monopoly Committee, among other entities.
- Litigation and Arbitration
We have defended companies in Ukrainian courts over the last 12 years. For instance, we represent KLM Royal Dutch Airlines against passengers' claims and any trademark infringements. In the area of real estate, we successfully protected the property rights of Kiev International School in local courts, in regional courts and in the Supreme Court of Ukraine.
- U.S.-Ukraine Business Council (USUBC)
- European Business Association (EBA)
- International Trademark Association (INTA)
- American Bar Association (ABA)
Ms. Elena Avramenko
Corporate Law, Employment
Mr. Scott Brown
Business Law, Corporate Law, Mergers and Acquisitions
Ms. Tanya Dzyadok
Corporate Law, Employment
Mr. Alex Frishberg
Corporate Law, Mergers and Acquisitions, Real Estate
Ms. Galina Khmarskaya
Corporate Law, Employment, Mergers and Acquisitions
Mr. Vladimir Lukovich
Finance, Import and Export, Litigation
Mr. Sergey Potabenko
Copyright, Domain Names, Intellectual Property, Licensing Law, Patents
Mr. Valeriy Semenets
Employment, Insurance, Investment Law, Real Estate
More Information on Frishberg & PartnersCorporate Law Firm in Kiev, Ukraine
Kiev, Ukraine Due Diligence Lawyers
Real Property Law Firm in Kiev, Ukraine
Kiev, Ukraine Privatization Lawyers
Litigation Law Firm in Kiev, Ukraine
Kiev, Ukraine Labor and Immigration Lawyer
Intellectual Property Law Firm in Kiev, Ukraine
Frishberg & Partners News and Publications
Articles Published by Frishberg & Partners
New Amendments to Foreign Work Permit Procedure in Ukraine
On July 5, 2013, the Cabinet of Ministers’ Resolution No. 437 regarding “Issuance, Prolongation of the Validity Term and Annulment of Permissions for the Use of Labor of Foreigners and Stateless Persons”, dated May 27, 2013 (the “Resolution”), came into force. The Resolution establishes the new list of documents required for obtaining work permits for foreign individuals hired for labor in Ukraine.Read Article
Ukrainian Government Simplifies List of Documents Required for Temporary Residency
Once again, the Ukrainian government has introduced amendments to the Ukrainian immigration rules. This time, the amendments are designed to decrease the volume of documents required for foreign work permits and temporary residency permits.Read Article
Ukraine Extends Tax Privileges for IT Sector
Acknowledging the importance of the IT sector in Ukraine’s economy, the government has provided tax breaks to qualified companies and individuals in the IT sector that fall under the category of "subjects of the software product industry". From the period of January 1, 2013 until January 1, 2023, qualified IT companies and individuals are subject to a reduced profit tax rate of only 5%, provided they maintain a separate accounting of income and expenses of their activity in this sphere.Read Article
Customs Bonded Warehouses - Ukraine
All countries try to monitor and control import-export flows that pass through their borders. While some European countries have significant experience in these activities, contemporary Ukraine is continually developing its customs control systems (and supporting legislation). Ukraine’s new Customs Code, which came into force on January 1, 2013, completely overhauled the prior legislation governing customs bonded warehouses.Read Article
Update on Foreign Investment in Ukrainian Agricultural Land
The moratorium on alienation of Ukrainian farm land has long prevented meaningful foreign investment into the Ukrainian agricultural sector. To somehow obtain access to agricultural land, instead of outright ownership foreign investors had to register Ukrainian companies that entered into lease agreements with landowners, most with a “right to buy” option if and when the moratorium will be lifted.Read Article
Production-Outsourcing: Processing of Foreign Goods in Ukraine
In these difficult economic times, some foreign investors are understandably reluctant to acquire costly factories in emerging markets to produce their goods. Instead, they employ the good old method of production outsourcing, and for several good reasons: when properly implemented, tollmanufacturing schemes enable foreign manufacturers to avoid Ukrainian customs taxes, reduce their cost of production, and realize greater profit margins in the West.Read Article
Immigration Evolution in Ukraine
The Ukrainian government began to strictly regulate the stay of foreigners, especially those hired by local companies, back in 2009. Prior to that date, many foreigners simply ignored the local registration and customs rules with impunity. However, the Ukrainian "immigration revolution" began with the government's strict application of the rules for applying for and receiving temporary residency status in Ukraine.Read Article
Defending Interests of Foreign Companies in Ukrainian Courts: Theory and Practice
Welcome to the conference hall of the Investment Company Sigma Bleyzer. We have an interesting topic for you today, a topic that is interesting in any country, but especially so in Ukraine. Our topic today is how to protect foreign investors in Ukraine and what legal support is available from professionals. My name is Alexander Pavlov, head of the Ukraine-Israel Business Council.Read Article
The New Ukrainian Property Tax Law
Until recently, residential property owners in Ukraine did not need to pay any property tax whatsoever. At long last, however, the government has passed legislation designed to remedy this significant loophole in its ongoing tax collection efforts.Read Article
New Liability for Company Officials in the Ukraine
We would like to inform you that the Law of Ukraine No. 3454 “On Amendments to Certain Legislative Acts of Ukraine to Increase Liability for Violation of Personal Data Protection Law” comes into force on July 1, 2012. The key provision of this law establishes liability for company officials in case they fail to register personal data base with Ukrainian authorities.Read Article
Executive Enforcement Procedure - Ukraine
In order to initiate the executive enforcement procedure, the judgment holder must present to the state enforcement service the enforcement order of the commercial court along with an application and, if applicable, the court decision to permit enforcement of a foreign court decision or the arbitration court decision.Read Article
Possible Defenses to Enforcement of Foreign Arbitration Awards - Ukraine
According to Article 35 of the Law of Ukraine “On International Commercial Arbitration,” an arbitration award, regardless of the state of origin, is recognized as mandatory (binding) and, after submission of a written petition to a competent court, is subject to enforcement.Read Article
Enforcement of Foreign Arbitration Awards - Ukraine
A. Applicable Ukrainian and International Treaties - Article 390 of the Code of Civil Procedure of Ukraine provides that the procedure for enforcement in Ukraine of foreign court judgments and foreign arbitration awards is determined by the corresponding international treaties of Ukraine and the laws of Ukraine. In the absence of an international treaty, such judgments or awards may be enforced on the principle of reciprocity.Read Article
Arbitration Options for Foreign Investors - Ukraine
Recognizing that Ukraine is a young nation without a long history of rendering and enforcing international commercial arbitral awards involving foreign investors, Western parties naturally prefer dispute resolution to take place in an impartial third country, such as the United Kingdom or Switzerland. Considering the current Ukrainian economic climate, however, decisions concerning the place of arbitration must be made in light of each particular transaction.Read Article
Recognition and Enforcement of Foreign Court Awards - Ukraine
On January 15, 2002, foreign investors were provided with another option for settling any disputes with their Ukrainian counterparts with the coming into effect of Law No. 2860-III “On the Recognition and Enforcement of Foreign Court Decisions in Ukraine,” dated November 29, 2001.Read Article
Ukrainian National Court System
Like all of its legislation, Ukraine inherited its court system structure from the Soviet Union. Only recently the court system has begun undergoing reforms with the passage of a number of laws. The initial steps were made on June 1, 2001, with the passage of amendments to various laws, including Law No. 1789-12 “On the Prosecutor’s Office,” Law No. 1142-12 “On Arbitration Courts,” Law No. 2862-12 “On the Status of Judges,” etc.Read Article
Arbitration Legislation in Ukraine
Recognizing the general rule that “everything always goes wrong at the worst possible moment,” large multi-national companies often agree to resolve their disputes with each other in an international, and therefore presumably unbiased, arena.Read Article
Raiding in Ukraine
It’s funny how things change. Just a few years ago, foreign companies flooded into Ukraine, driving up the prices of everything – buildings, factories and land. Now, just a few years later, Ukraine is considered to be a high-risk country with a notoriously difficult business environment. Unfortunately, this is a fair assessment, and it’s largely due to systematic government corruption and bureaucracy.Read Article
Debt Financing: Obtaining Foreign Currency Loans From Foreign Creditors - Ukraine
Until May 7, 1997, much to the ongoing dismay of the Western financial world, debt financing was not an option for most Ukrainian companies. The key obstacle was the now-cancelled National Bank’s Provision No. 329, dated December 29, 1995, which strictly required all Ukrainian residents to obtain a special license prior to receiving loans in foreign currency from foreign creditors. Naturally, such licenses were not generally granted to the average Ukrainian company.Read Article
Ukraine’s Foreign Investors and the Lifting of Farmland Moratorium
Ukraine has long been called “the bread-basket of Europe,” and for one excellent reason: its fertile, black soil. The estimated value of this treasure is anywhere between 40 and 80 billion dollars. The only problem with investing in such an obviously profitable business was an artificial bureaucratic/legislative barrier commonly known as the “moratorium on alienation of farm land” (the “Moratorium”).Read Article
Ukrainian Tax Inspection: Know Your Rights
From a purely legal perspective, there is no such term as “raid” in the Tax Code. All the necessary forms, legal grounds and procedure for carrying out inspections of the subjects of entrepreneurial activity, as well as the procedure for execution of documents per results of such inspections, are regulated by the Tax Code of Ukraine. From a practical perspective, however, tax inspection visit can quickly escalate into a battle for your company’s survival.Read Article
New Law on Data Protection in Ukraine
After years of paralysis, Ukrainian business-related legislation is undergoing major changes. For instance, a new tax code came into effect in the New Year, and we can already hear the protests associated with the proposed new labor code. Meanwhile, completely undetected, a new law has quietly entered into force on January 1, 2011, entitled the Law of Ukraine No. 2297-VI “On Protection of Personal Data”, dated June 1, 2010 (hereinafter the “PDP Law”).Read Article
M&A Made in Ukraine
For a while, it seemed like any and all M&A transactions in Ukraine have ceased to exist. Only recently did the Ukrainian M&A activities finally pick up, mostly due to Russian companies coming into Ukraine through Cyprus. Significantly, they all complied with the basic rules for acquiring Ukrainian companies, which are clearly set forth in the Law “On Joint Stock Companies” and related legislation on antimonopoly rules, taxation, etc.Read Article
New and Improved Draft Tax Code
Looks like the Yanukovich government is finally turning its attention to the Ukrainian taxpayer (physical and legal entities alike). Is that good news or bad? To answer this question, we provide you with a brief analysis of the new-and-improved draft Tax Code that is currently under consideration.Read Article
Customs and Import Duties: Dealing with Today's Problems
Import-export basically involves a signed contract and having a partner in Ukraine. Your goods are shipped to Ukraine and, hopefully, you will eventually get paid for it, per terms of your duly executed agreement. That is the simple legal essence of all import-export transactions. From a timing standpoint, when setting up your import-export transactions in Ukraine, you can either go slowly or you can go fast.Read Article
Foreign Investment in Ukrainian Agriculture
Two weeks ago Frishberg & Partners held a round table on "Foreign Investment in Ukrainian Agriculture." We are pleased to share with you a tranof that highly informative event (you may follow the link below). Our speakers included Mr. Jens Bruno, who works with an agricultural holding company "Grain Alliance" in Ukraine and Mr. Roman Fedorowycz, is an ex-founder, CEO and land acquisition manager for Ukrainian Agrarian Investments Ltd.Read Article
New Ukrainian Work Permit Procedure for Foreigners
As you know, all foreigners must have a “foreign work permit” in order to legally work in Ukraine. Until recently, all one had to do was simply file the necessary documents and then patiently wait for three months. However, the Cabinet of Ministers recently passed Resolution No. 322, which will surely cause controversy among the foreign business community.Read Article
Anti-Crisis Measure: Re-Negotiating Lease Agreements in Ukraine
Only a year ago it seemed that prices on the real estate market in Ukraine would continue to skyrocket without end. Not surprisingly, one of the most profitable businesses involved landlords who rented their premises (residential or non-residential) to the highest paying tenants.Read Article
Starting Agricultural Production in Ukraine
With food prices rising across the globe, adventurous foreign investors can find excellent business opportunities in Ukrainian agricultural sector despite (or perhaps due to?) the global economic crisis. Known as “the breadbasket of Europe”, Ukraine still boasts enormous land reserves that can grow various grains, seeds, fruits and vegetables. Plus livestock. And due to the crisis, at last everything and everyone is available for sale or rent at rock-bottom prices.Read Article
Cancellation of 13% Import Tax in Ukraine
Most importers applauded Ukraine’s entry into the World Trade Organization in May 2008, which resulted in a decrease of import duty (including the duty for the automobiles) from 25% to 10%.Read Article
Anti-Crisis Measure #1: Cutting Labor Costs - Ukraine
Admittedly, the current economic crisis has dealt a severe blow to the foreign business community in Kiev. As a result, most companies are taking radical anti-crisis measures in order to survive. And cutting labor costs is at the top of everyone’s list.Read Article