#10 October 2015

In focus – Humane Treatment

The respect of human rights is among the core pillars of democratic society. And we must admit that Ukrainian society is far behind this value, standing in line with de facto authoritarian regimes, though there is no authoritarianism on the ground...

With the support of Tax Regulation

This summer the Organization for Economic Cooperation and Development (OECD) completed its work on a project to introduce amendments to the OECD Transfer Pricing Guidelines for Multinational Enterprises and Tax Administrations. The Guidelines is a principal methodological document on the arm’s length principle application which regulates all issues in this area...

Expert Opinion

EuroUpperCourt

Andriy A. Kristenko

Russias military aggression against Ukraine, which began with the annexation of Crimea in spring 2014 and is still continuing in the armed stand-off in the Ukrainian East, gave birth to a whole cluster of universally recognized provisions of international law violations and egregious violations of human rights. Obviously, Russias actions, which were condemned by the civilized world, came as a shock for the government of Ukraine, which for a while could justify its impotent attempts in protecting human rights. However, certain urgent legal measures in that sphere had not been taken even a year and a half into the conflict and are not being deemed necessary today...

In Re

Effect of ECHR Jurisprudence on Tax and Business-related Disputes

Oleksiy V. Soloviov

Almost a decade has passed since the On Implementation and Application of Decisions of the European Court of Human Rights Act of Ukraine came into effect in Ukraine. Article 17 of this Act declared the case law of the European Court of Human Rights (the ECHR), an international organization, a direct source of law in Ukraine, whereby Ukrainian courts were required to, literally, apply ECHR case law as a source of law...

Upcoming EU Reform in the Field of Protection of Personal Data

Natalia V. Pakhomovska, Roman A. Inozemtsev

In June 2015, upon several years of discussions the EU Council coordinated the common approach to the creation of the unified system of personal data protection within the European Union, which would correspond to the current state of the art level and strengthen existing mechanisms of personal data protection. Accordingly, the EU Council approved the draft Regulation of the European Parliament and of the Council On the Protection of Individuals with regard to the Processing of Personal Data and on the Free Movement of Such Data (General Data Protection Regulation) (Regulation) to replace the currently effective EU Directive 95/46/ in this regard...

Practical Aspects of Provisional Access to Objects and Documents

Oleksiy O. Spivak

It is common practice in the investigation of business crimes to conduct investigative actions which generally include interviewing the companys officials, conducting search and seizure of documents, etc.

At the same time, the new Criminal Procedure Code of Ukraine, which came into force on 20 November 2012, considerably changes the procedure of criminal proceedings. In particular, temporary (provisional) access to objects and documents as providing measure of criminal proceedings was instituted...

News

DEALS

AEQUO advised UniCredit

Dentons advised on Ukrainian debt restructuring

AEQUO advised NCH Capital

Sayenko Kharenko legal counsel to Oschadbank

CASES

Court ordered Volkswagen to sell stake in Suzuki

Court took the side of 1+1 in case of Inspector Freimut TV Show

Ukrzaliznytsia forced to reimburse UAH 100 million penalty

Bionic Hill claims for land expropriation

DRAFT

Anti-corruption drive in public procurement

Prospectors activities

Taxation of natural gas production companies

The exclusion of commercial sea ports from the list of objects not subject to privatization

Taxation of investments in agriculture

LAW DIGEST

The main currency restrictions are extended

Ukraine imposes sanctions against entities, individuals

Fines for violation of competition laws

Experts and business reviewed macroeconomic situation in Ukraine

The American Chamber of Commerce in Ukraine has held, in strategic partnership with theForum for Leading International Financial Institutions (FLIFI), the Quarterly Panel Discussion Macroeconomic Outlook & Forecast for Ukraine...

UBA NEWS

3rd Polish Ukrainian Legal Day

IV UBA Tax Forum

BIZNEWS

Privatization

Plans from big privatization

Insurance

Export risks are to be insured in Ukraine

Oil & Gas

Fitch expects Russias oil production to dip due to sanctions

Shell to share its shale gas production exploratory studies with Ukraine

Banking & Finance

Ukraine to receive foreign currency swap from Sweden

Customs

Unified formula of customs clearance for goods

M&A

Wolters Kluwer exits Russia

The European Commission clears acquisition of BG Group by Royal Dutch Shell

Cover Story

Humane Treatment

It is strange conventional wisdom In Ukraine that rule of law and human rights are a completely different story to business practice. Around the world the evidence shows that these basic values fundamentally shape the corporate modus operandi. It is no wonder that business also calls for appropriate assurance of its rights and access to efficient justice. Denys Ovcharov and Kseniya Proko- nova, Juscutum Attorneys Association, explained to us that business also requests humane treatment towards it.

 

Venue

EUUkraine Association Agreement: One year later

Nataliya V. Koloskova

The EUUkraine International Legal Forum, which was held by Yuridicheskaya Practika Publishing on 24 September 2015 in Kiev, has become an extensive platform for discussing issues on political association and economic integration between Ukraine and EU a year after ratification of the Association Agreement. Up to 200 participants and 35 speakers considered a wide spectrum of issues, like free trade between Ukraine and the EU, export of agricultural products to the EU, business in Europe, Ukraine as a business location for European entrepreneurs and dispute settlement...

Crux

Crucial Decisions

Following a recently established tradition, the UJBL continues to pick out the most notable initiatives suggested by Ukraine’s lawmakers. This issue includes intently considering those newly-adopted documents related to public administration. This particularly concerns new functions of the Accounting Chamber of Ukraine, taxation, currency regulation and sanctions finally imposed by Ukraine. Drafting contains the views of experts on mediation, anti-corruption efforts and agriculture...  

Subscribe
The Ukrainian Journal of Business Law

Subscribe to The Ukrainian Journal of Business Law right now and enjoy the most relevant issues on doing business in Ukraine on your device or in print.

All this for just USD 9.99 a month.

 

Subscribe now

.