Ukraine Legal Articles
Law related articles writen by lawyers
and experts witnesses practicing in Ukraine
December 27, 2016 By Aleksey Pukha & Partners
From January 2017 the procedure of agreement conclusion will be simplified for services exporters.
December 7, 2016 By Aleksey Pukha & Partners
In the course of the reform in the state registration system at 6 October 2016 was adopted the Law of Ukraine «On the Amendments to Certain Legislative Acts of Ukraine regarding the improvement of the official registration of rights to immovable property and protection of property rights» and it came into force almost one month later.
On the way of creating your own business you can face the problem of registration of the company that might seem complicated and confusing.
Dissolution of marriage with a foreigner is sometimes quite difficult process, because it is necessary to know certain legal aspects and features of the legislation of the foreigner&s country. In some countries litigation is a prerequisite for divorce, while in others the divorce process can last for several years and in such countries as Ireland, Argentina and Colombia divorce is prohibitive at all.
The taxation procedure for the income, obtained by a non-resident from Ukrainian source is mainly governed by the Tax Code of Ukraine.
Law of Ukraine "On Financial Restructuring", drafted to overcome the negative effects in financial sector, caused by the crisis in the economy of Ukraine, and for the purpose of Ukraine's obligations fulfilment towards international financial organizations came into force on October19, 2016. The law will be valid until October, 19 2019.
Insolvency in Ukraine is governed by the Law of Ukraine “On restoring debtor’s solvency or declaring it insolvent” (the Insolvency Law), the Civil Code of Ukraine and the Commercial Code of Ukraine.
The main provisions of the Ukrainian legislation governing taxation in agriculture are embodied in the Tax Code of Ukraine, which regulates the special tax regime in the agricultural sector. Ukraine’s tax law provides certain tax benefits for agricultural producers.
One of the means for protection of foreign investment is the conclusion of international agreements on promotion and protection of investment.
Corporate Taxpayers: Corporate Income Tax (CIT) is paid by the resident companies, which receive income in Ukraine as well as abroad. CIT is also paid by the non-resident companies, which receive income from Ukrainian sources.
Changes to the legislation of Ukraine for small and medium-sized businesses.Recent projects of changes in legislation concern primarily small and medium business, as this business actively uses organizational and legal forms of business such as limited liability company (more than 95% business associations have just such legal form) and company with an additional liability.
In 2015 Ukrainian legislation related to the acquisition of a significant shareholding in a bank was substantially amended. This was due to the harmonisation of Ukrainian legislation with EU legislation. Changes were, therefore, made to the laws of Ukraine as to the transparency of ownership structure, including the ultimate beneficiaries, of the banks, increase in the liability of the shareholders and related persons of the bank, etc.
In accordance with the Constitution of Ukraine, foreigners and stateless persons who are in Ukraine on legal grounds enjoy the same rights and freedoms and also bear the same duties as citizens of Ukraine.
Foreign investments are invested by foreign investors’ values in objects of investment activities in order to make a profit or to achieve social effect.
There are internal and external labor migrations. Internal migration is implemented within a country, while foreign migrant workers involve leaving the territory of the country, to take up well-paid employment abroad. Recently, the popularity of external labor migration began to increase.
In the course of the business activity deregulation at compliance with the requirements of the Law of Ukraine No. 222-VIII «On Licensing of Types of Economic Activity» dated 2, March 2015 changes have been made to the List of the types of work of economic activity with the construction by the Regulation of Cabinet of Ministers of Ukraine No. 256 «Matters of Licensing for Construction of Objects of IV and V Categories of the Complexity» dated 30, March 2016.
Despite the considerable popularity of the marriage contract in Europe, the USA, and Canada, the mentality of the Ukrainian people still cannot accept this deal as normal. For Ukrainians is not acceptable to combine feeling and money, that’s why the question raises immediately: why do you marry if you are now thinking about the consequences of divorce.
Where could Turks immigrate? It is unlikely that many Turks will immigrate to Muslim countries, because the level of freedom there does not reach even modern-day Turkey. Even business immigration to the EU does not look so attractive for the middle class, because the cost of living is much higher in the EU. There is one more potential country for temporary or permanent immigration – Ukraine.
The complexity of procedures for implementing surrogacy requires fixing contractual relationships between the parties and fixing the potential risks for each party.
The most plausible reason of getting an immigration permit is making investments to the Ukraine economy by a foreigner, that is a convertible currency in the amount not less than one hundred (100) thousand USD registered in the proper order
The right to maternity and paternity is one of the basic moral rights of the couple under Art. 49.50 Family Code of Ukraine. However, there are circumstances due to health reasons, which could foreclose the couple of realization of this right naturally. But this does not mean that the couple can’t become parents, as an alternative way out - to go for help to the surrogate mother.
The European Union, which was considered as the most successful integration project, has undergone significant changes with which it faces for the first time. The key issue of the exit of the UK from the EU is absence of such procedure mechanism for implementation.
The new Ukrainian law simplifies procedures on access to justice, provides fundamental reform of the judicial system of Ukraine pursuant to international regulations and standards and increases the independence of judges. Now Ukraine is entitled to recognize the jurisdiction of the International Criminal Court under the terms of Rome Statute of the International Criminal Court.
The Law of Ukraine "On amendments to some legislative acts of Ukraine on the protection of investors" included a norm of judicial consideration of disputes between business entity and its official by the economic courts to the Economic Code of Ukraine, even after his official powers have been terminated.
The long announced plans of Ukraine in relation to massive privatization are being gradually implemented. The importance of privatization is backed by the need, on the one hand, to fulfill the state budget, and, on the other hand, to increase the effectiveness of state enterprises’ management.
The company name is a very important part of the business, because thanks to their names companies can promote their brand in the market, shape the perception of consumers, a name can become a trademark, etc.
Many Ukrainian companies actively import goods and services. Frequently, their foreign counter-parties require prepayment for delivered goods or rendered services. Therefore, it is worth remembering that prepayment in favour of the non-resident under foreign economic contracts triggers provisions of the Ukrainian legislation in relation to settlements in foreign currency, such as Article 2 of the Law of Ukraine “On procedure for settlements in foreign currency”.
In present conditions the area of information technologies, particularly software development, is rapidly evolving. By the number of certified specialists in IT and volume of export of services for the software production, Ukraine ranks the fourth place among the leading countries of the world.
Business acquisition is a complex and long process that can confound even the most experienced businesspersons, because different business aspects, legal aspects, and human factors are important. This article will show you basic errors.
On June 2, 2016 Ukraine took the revolutionary decision on the judicial reform and the establishment of a Specialized Сourt for Intellectual Property!
According to the requirements of the Tax Code of Ukraine taxpayers, whose amount of controlled transactions with one counterparty exceeds 5 million USD (excluding VAT), are required to present the report on controlled operations for reporting calendar year to central executive body that implements the state tax and the customs policy, before May, 1 of the year following the reporting by electronic means electronically in compliance with the law on electronic document and digital signature.
The investment climate is a general description of the complex of social, economic, institutional, legal, political, social and cultural backgrounds, which leads to the attractiveness and feasibility of investing in a particular economic system (the economy, the region and corporation).
Starting from April 2009 Ukraine makes efforts to financially stimulate generation of electricity from alternative sources of energy. Such stimulation results in, first of all, legislative provision for feed-in tariff, i.e. the guaranteed obligation of the state to purchase generated “green” energy from producers, and also in establishment of a significant number of tax benefits for producers of alternative energy.
The one of advice would be that business owners, especially if the business is successful, it is necessary to think in advance about the solving of the situation after their death, in order to protect the rights of heirs and further preservation of business . Such actions of the testator must concern two aspects: the relevant amendments to the constituent documents of the company; the drafting up of wills in relation to quality of business and business assets.
To receive Ukrainian citizenship in any grounds you shall appeal to the territorial division of Ukraine LCA on the place of living; submit an application with the necessary documents; obtain a certificate of registration of the citizen of Ukraine (which is the basis for obtaining passport of citizen of Ukraine) in the territorial division of Ukraine LCA on the place of living.
Adopting a child is a responsible step for every family. The procedure of adoption is extremely difficult, both from a legal and social point of view. The legislative process of adoption is regulated in a way that as a result of adoption adopters and person who is adopted carry out certain risks.
Remote trading in Ukraine is developing rapidly, created favorable conditions, therefore it would be reasonable it would be prudent for many companies of distant trade - non-residents to consider the Ukrainian market as one of the high-potential.
Renewable energy has become one of the most lucrative areas for foreign investors looking to extend their business in Ukraine. However, the legal framework in the field is still being developed, undergoing constant revisions. Below is an overview of the latest 'green' tariff reform.
On 26 February 2016, the Procedure on determining the level of use of Ukrainian-made equipment on electricity objects that produce electricity from alternative sources of energy and establishment of the relevant premium to feed-in tariffs became effective.
Acknowledgement of paternity is the expression of person’s will. This person considers himself as a father of the child and it is one of the most pressing issues in the family law of Ukraine. After all, the fact of the child's origin from this man makes it necessary to perform the duties, established by Ukrainian legislation, of his father.
In recent years, medicine has reached the heights, including in matters of surrogate motherhood. Ukrainian legislation regulating the issue of surrogate motherhood pretty good, but if you consider this question wide enough, you'll notice that even the liberal Ukrainian law allows some discrimination because it is said exclusively about the couples who are in a registered marriage.
The practice of search and seizure of accounting, tax and other documentation of the enterprise is quite common in Ukraine. Sometimes these law enforcement actions are explained by the presence of really strong reasons to form a reasonable suspicion of specific individuals in committing crimes in the sphere of economic or other financial activities, and the implementation of the criminal proceedings.
The Ukrainian land is the most fertile in the European Union, the development of agro-industries are a significant and also market of organic agricultural products has been growing.
Intellectual property is one of the most valuable assets in today’s world, and the value of many businesses that are working with intellectual property are often much larger than the classical asset. The level of patent trolling in Ukraine is much smaller but has some specific features. Read this article and you will know them all.
Low level of energy efficiency is long and justified considered to be the number one problem of the Ukrainian economy. Therefore, the introduction of ESCO Act in May 2015 – «On the introduction of new investment opportunities, guarantee of rights and legal interests for businesses entities for major modernization of energy sector» is currently important.
Continued existence of human race, as an apogee of the relationship between a man and a woman is expressed in motherhood, which not only enriches, but also complements and harmonizes relationship between women and men. Birth of a child giveslong-awaited joy and is marked with common renewal, new stage of life and pleasant cares. What could be better than children's laughter and smiles!
The facsimile is a technical way of signing documents that reproduces the signature of empowered person; actually it confirms the validity of certain transactions or relationships. Is it legally to use a facsimile?
The legal war of Ukraine against Russia was announced in 2014 but in the second half of 2015 took the unwrapped and massive character. On October 21, 2015, Ukraine sent the claim to the World Trade Organization against the Russian Federation, which put forward the issue for the imposition of Russian limitations on the supply of rail cars, switch equipment for railways and other products in the industry, because of which revenues of Ukrainian companies have fallen to 96%. What should we wait?
Lately, by force of some intrinsic reasons, the problem of marriage consummation by the citizens of Ukraine with foreigners became more topical. Still, in this issue there are lots of nuances that are necessary to take into account to avoid problems in the future.
Asset securitization is the development and implementation of a set of legal measures aimed at the preservation of property. This practice has evolved in a separate area in connection with the increasing number of raiders, corporate conflicts with Ukrainian partners, lots of losses of already privatized objects, return of previously purchased objects from private property to the State, etc.