Ukraine Legal Articles
Law related articles writen by lawyers
and experts witnesses practicing in Ukraine
February 11, 2016 By Aleksey Pukha & Partners
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.
February 10, 2016 By APC Law Company
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!
February 1, 2016 By Kydalov & Partners
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?
January 28, 2016 By Kydalov & Partners
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?
January 26, 2016 By APC Law Company
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.
January 22, 2016 By Syutkin and Partners
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.
January 14, 2016 By Kydalov & Partners
What can non-residents (individuals and legal entities), who have received judgments in their jurisdictions, and such decisions should be enforced in the territory of Ukraine, do?
January 14, 2016 By Aleksey Pukha & Partners
Topical today remains an interest in public-private partnerships. In a broad sense, public-private partnership is seen as the interaction of government and business (one or more) for the funding and management of special state or municipal institutions in various fields.
December 27, 2015 By APC Law Company
Today the world is steadily moving to international globalization through constant economic, political, cultural and legal integration.
December 21, 2015 By Kydalov & Partners
This decade people are actively traveling around the world, not only for tourism but also for work, choice the place of residence, and because of that an international marriage is common. In this article we will consider the case when one of the spouses is a citizen of Ukraine, and the couple decided to take up permanent residence in Ukraine.Registered overseas marriage should be legalized in Ukraine if a couple wants to have rights and guarantees established by laws of Ukraine for the couple.
December 18, 2015 By APC Law Company
Public finance plays a strategic role in functioning of financial sector and economy at all, developing of regions and supporting of entrepreneurship. In its turn these branches reflect a basis of economic and social development of Ukraine. Efficiency of public finance management is of a great role for providing stability of budget system as well as general financial safety and economic growth.
December 16, 2015 By Kalita, Markovich and Partners
Protection of owners rights is important for every country. In Ukraine, there are not a lot of effective methods how to keep your rights. Often using realtors services we think and assume that our rights are defended. But as usual, it not so. Who are realtors in Ukraine? Are they responsible?
December 15, 2015 By Syutkin and Partners
Provisions of the EU-Ukraine Association Agreement concerning the creation of a free trade zone will become effective on 1 January 2016. The decision on the application of the EU-Ukraine Association Agreement to the FTA was adopted in September 2014 by the EU General Affairs Council. What does the Ukrainian economy really expect? Is Ukraine ready for free trade with the EU: barriers and opportunities for business?
December 15, 2015 By Kydalov & Partners
Most of the sailors use the services of specialized personnel intermediary (“crewing”) agencies. Ukrainian market is interested in coming of fair and unbiased international crewing companies or opening by foreign persons agencies as alternative to domestic agencies. The market, at this moment, does not have much competition.
December 3, 2015 By Kydalov & Partners
At the stage of making decisions whether it is worth to start business negotiations with a potential business partner, any information is valuable to help to determine in advance or formulate a thought. This article will provide examples of fast, reliable and at the same time, completely free of charge possibilities to find information about the legal entity – resident of Ukraine. You just should know a minimum of Ukrainian or Russian and your keyboard layout should support Cyrillic characters.
November 27, 2015 By Kydalov & Partners
Ukraine can be considered as an attractive country for foreigners wishing to immigrate to Europe. Let’s consider the benefits of migration to Ukraine in comparison with other countries and consider the so-called business immigration.
November 23, 2015 By Kydalov & Partners
Ukrainian legislation does not establish a clear field of application and the use of electronic documents and e-mails in the business and common activities. Even professional lawyers do not have a clear answer for this question, because of that judges in court consider use of electronic communications (e-mail) as evidence arbitrarily. What do Laws of Ukraine say about electronic documents and e-mails?
November 24, 2015 By Kydalov & Partners
Question about the sales of business in Ukraine is difficult to describe as a legal scheme or mechanism, different aspects of the business are regulated by their specific branches of law. There is no exact profitable way of purchase and sale. Because of that parties choose a better way for a particular business. Let us consider this issue in more details.
Ukraine is very attractive in terms of finding women willing to provide the service of surrogate motherhood, as it has many positive aspects. Surrogate motherhood is a very profitable business in Ukraine. But this sphere of surrogacy is so attractive for fraudsters and unscrupulous persons. Why is that and how to escape of it?
Do you want to decide all dispute resolutions with your opponent without the court hearing? Do you want to find a solution and work with this Company in future?
The number of signed marriage contracts is constantly increasing in Ukraine, what is more, it is growing in the segment of international couples when one spouse is a citizen of Ukraine and the other – a foreigner.
“Foreign Invested Enterprise” in Ukraine, what should we know about benefits and guarantees.
Sometimes there is a need to travel with children abroad. Circumstances for such trips can be different: it is a vacation trip, or, in case of the existence of international marriage, it is the need to move a child to the parents and relatives in another country, etc. If you belong to these groups, you should pay attention to the novel in the legislation in order arrange the documents properly and not to waste time and nerves on the border control.
Today it is not a secret that the "raider / unlawful seizures" have become the norm and rather the rule of doing business than the exception to the rule, and both domestic enterprises and large foreign investors are suffering from unlawful seizures. What can be attributed to the notion of "raider seizure". Raider seizure - unlawful seizure of real estate, corporate law, intellectual property by other economic entities, physical entities and public authorities.
The specificity of commercial relationship shows that at the stage of execution of the obligation against the will of any of the parties may be circumstances (events) leading to a breach of contractual obligations. How to manage these risks.
As a result of the illegal annexation of the Crimea by the Russian Federation, many owners of the property and assets in the Crimea have gotten quite difficult issue: how to protect and save these assets?
Practice of international marriages for Ukrainian people are not rare. In most cases, Ukrainian women get marriage with foreigners, so it can be a situation that woman has to recovery of alimony from a husband who is living abroad. This is a complex procedure but in recent years situation has changed in a positive way and recovering of alimony from foreigners become easier.
What Exactly Should a Foreigner Do, if His Obligor is a State Enterprise on the Territory of Ukraine
Many of state enterprises provided international economic activities, such as buying some equipment abroad, borrowing from foreign bank institutions and investment companies, ordering work or services. Due to the nature of its management of state enterprises, they really are not fair and binding payers on their debts, and as a result foreign contractors have to go to courts or arbitrations to protect their legitimate rights and interests.
Order of the MOH No 242 of 24.04.2015 approving new Regulations on utilization and disposal of medicinal products was published on the web-page of Verkhovna Rada of Ukraine.
As stated by the government, geological study is one of the priorities of industrial development of Kazakhstan. Despite the rich mineral resources, replenishing the mineral resource base remains as an urgent and serious problem for the state.
Any state cannot exist without taxes and control over the timely treasury reimbursement and taxes are conducted by state revenue bodies. One of the instruments of tax policy is tax inspections. Our last dispute practice between tax authorities and entrepreneurs on the additional charges based on the results of the tax inspections shows that entrepreneurs in general are always "at gunpoint" of the tax authorities and they are not protected from repeated for the same period inspections.
Many legal entities, including non-resident legal entities (hereinafter the "Legal entities") while conducting their business activities often face the necessity of expanding their businesses not only within their country of incorporation but also by the presence of in different regions as well.
On 29th of May 2014, the Republic of Kazakhstan (Kazakhstan), the Russian Federation (Russia) and the Republic of Belarus (Belarus) have signed the Treaty on the Eurasian Economic Union.
Under the laws of the Republic of Kazakhstan, the work of foreign employees in Kazakhstan requires in certain instances a work permit and a work visa.
Granting Preferences to Kazakhstani Legal Entities in Connection with their Investments in Kazakhstan
The issues related to the provision of preferences to Kazakhstani legal entities in connection with their investments in Kazakhstan are mainly governed by the Law of the Republic of Kazakhstan “On Investments” dated January 8, 2003 (hereinafter the “Investment Law”) and the Code of the Republic of Kazakhstan “On Taxes and Other Obligatory Payments to the Budget” dated December 10, 2008 (hereinafter the “Tax Code”).
Ukraine is now quite good country to immigrate, especially for Middle East citizens who move to Ukraine to have better work. Also, many students from other countries decide to remain in Ukraine after finishing university.
Ukraine, as a potential country for doing business, is often discussed by foreign investors, despite the fact that the ratings of favorable legal environment of Ukraine is not too high. The main reason for the low ratings of favorable investment climate in Ukraine is corruption and overly regulated legal regulation of business.
The procedure of adoption of a child from Ukraine is complicated, expensive and long. Ukrainian legislation makes the process of adoption transparent as much as possible, candidates must prove their welfare and reputation (in the broadest sense of these words) to exclude the possibility of adoption by dishonest and careless parents.
Investing to the real estate market is very profitable in Ukraine. There are a lot of foreign companies which provide their activity in Ukraine with one purpose – to buy and rent the real estate. Ukrainian state bodies designed very good legal remedies for property and owners too. But now we still have a lot of legal gaps.
Proposed Price Changes for Medicinal Products and Medical Devices in National and Foreign Currency in the Ukraine
On March 13, 2015 on the web-site of the Ministry of Healthcare of Ukraine the draft of the Regulation of the Cabinet of Ministers of Ukraine was published, which is consider to change the Regulation of the Cabinet of Ministers of Ukraine “On reference pricing for medicinal products and medical devices procured by the state and local budgets”, dated 02.07.2014 N 240, in the aspect of the declaring currency of wholesale and selling price (hereafter as the Draft of Regulation).
Government adopted the Regulation of the CMU on establishment of unlimited re-registration and simplification of some medicinal products registration.
Nowadays, land property is one of the most profitable objects of investment in Ukraine. Both Ukrainian and foreign investors show their interest in this sphere.
Starting a new business in Ukraine appeals to foreigners, as it provides a real opportunity for significant profits from trade at the pharmaceutical market. This niche of the market shows permanently existent and growing demand for different medical drugs along with various supplements and accompanying personal care products.
Opening of the representative office of the foreign company in Ukraine can be a complicated process where numerous ins and outs must be taken into account. It may be full of unnecessary delays and worries for citizen of other countries, since they are not familiar with the requirements of the Ukrainian legislation. In addition, language barrier is also a subject for consideration.
According to the widely common international practices, originals of the most important documents should be executed in more than one language which are native for each of the participants of the agreement. In such a manner, all the parties of the international agreement should clearly understand and accept the essence and conditions of document to follow with the stamps and signatures at the moment of signing the document.
The Possibility of Realization of Medicinal Products after Termination of the Registration Certificate
On 10.20.2014, the Verkhovna Rada of Ukraine adopted the Law of Ukraine "On Amendments to the Law of Ukraine "On Medicinal products" concerning turnover of medicinal products and state quality control of imported to Ukraine medicinal drugs".
On January 20, 2015, the Law of Ukraine № 113-VIII of January 15, 2015 came into force which approved the Decree of the President of Ukraine "On the partial mobilization".
Due to current political changes, various processes of documentation preparation for foreigners in Ukraine seem to be easier than even a year ago. Due to this fact, one of such spread branches like creation and processing the employment agreements and contracts can generate much less issues, questions and complications in comparison to many other cases
Deciding on the purchase of real estate and its further lease in Ukraine, any foreigner / should consider the order of actions according to all legal requirements of current Ukrainian legislation. It is necessary to advise in order to care about and secure his/her future financial safety as well as prospective investments towards further monetary growth.
Nowadays many foreigners plan to establish their own business in other country. It can be very profitable because every country has some advantages in comparison with other countries. For example, agro-industrial and agricultural spheres in Ukraine are developed on a very high level and the profit of having business in such spheres in Ukraine can be much higher than in other countries.