#06 June 2019

In focus – International Trade

Over the last couple of years we have observed an unprecedented turbulent trade environment around the globe. Given the rising wave of nationalism the main trading states follow political guidelines dressed up as scientific evidence.

The issues of EU Ukraine trade and investment relations, a new generation of FTAs, the ongoing trade war with the Russian Federation remain high on Ukraines international trade agenda. Yet, being more forward thinking, we should anticipate events and be prepared for the outcomes of current tensions between the US and China and the growing level of protectionism across the world.

Expert Opinion

Overview of Potentially New Ukrainian Trade Laws

Anton Sintsov

As you probably know, Ukraine is going to revitalize trade remedy instruments. For the last two years, the community that is not indifferent to the Ukrainian trade practicing lawyers, colleagues from the Ministry of Economic Development (MEDT), and business has been following the progress of consideration by the Verkhovna Rada of three new draft laws in the field of trade protection that were developed by MEDT.

New Trade Laws anti-dumping, countervailing, and safeguard are intended to update existing trade investigation procedures and introduce progressive international experience...

In Re

Trade Remedies for Ukraine

Olena Omelchenko

As a fully-fledged member of the World Trade Organization (WTO), Ukraine uses in a broad way the entire arsenal of trade remedies to defend its trade interests. Eleven years of WTO membership have given Ukraine a valuable opportunity to sharpen its skills in practical application of trade defense instruments, although transparency and simplification of procedures still remain an issue.

Legal Regulation of International Trade for Non-Residential Companies in Ukraine

Rostyslav Nykitenko

In conditions of world economic cooperation, the presence of a foreign element in the economic sector of any state positively affects domestic and world markets. The involvement of non-resident companies in the Ukrainian economy is a very important element in building a well-developed and competitive state.

In order to reflect the real picture of the business climate for non-residents in Ukraine since 2008, there is such an indicator as the Index of Investment Attractiveness of Ukraine (Index) according to the version of top managers of affiliated companies of the European Business Association...

Hidden Restrictions on Imports of Pesticides: Possible Negative Consequences for Ukraine at the WTO

Yaroslava Dorosh, leksandr Tereshchenko

Core of the problem

Article 4 of the Law of Ukraine On Pesticides and Agrochemicals bans the importing into the customs territory of Ukraine, production, trade, use and advertising of pesticides and agrochemicals before they have undergone state registration. Given that in many countries the vast majority of pesticides and agrochemicals are classified as dangerous goods, the preliminary registration requirement is a logical step, which exists in almost all EU and OECD jurisdictions.



CMS advised ING

AVELLUM acted as legal counsel to Dobrobut


Ukrnafta won case against Russia in international arbitration

Court recognized PrivatBanks nationalization as illegal

Court canceled multimillion claims filed by State Fiscal Service against carrier UIA

Court ordered Odessa Port Plant to pay USD 250 million to Ostchem


Ukrainian Parliament approved introduction of common transit with EU countries

Protection of rights of payment cards users to be stepped up

Government submitted Draft Law On the Improvement of the Procedure on Licensing of Economic Activities



Porsche fined EUR 500 million


Scandinavian Airlines to resume flights to Ukraine in autumn


AMCU allowed DTEK Naftogaz LLC to buy 2 more regional power distribution companies

Banking & Finance

NBU cuts discount rate

NBU to strengthen FinTech support in Ukraine

Capital Markets

Ukraine to join international depository network for first time


Visa acquired Earthport

Law digest

Auctions for green energy manufacturers to be introduced in Ukraine

Limit raised on dividend repatriation

Government extended sanctions against Russia

Government tightens up requirements of tour operators towards holidaymakers

Cover Story

Serious Concern

Ukraines trade policy is among the most sensitive areas of international cooperation due to its vivid geopoliti-cal flavor. These past years became truly turbulent for business and no less for those who shape policy. Ukraine might feel the consequences of ongoing tensions between global leaders, and also maintains its own trade war front with its northern neighbor, Russia. The state has, of course, been diversifying trade marketing efforts in favor of the EU and other markets around the globe. Anzhela Makhinova, partner of Sayenko Kharenko, explained her serious concerns, as in the absence of a working Parliament the business sector is deprived of efficient trade defense instruments for protecting do-mestic industry. At the same time, we talked about additional means available through membership in the WTO to protect the national interests in export markets, which are currently not being used to the full.


Possible Risks of Permanent Establishment in Connection with Service Purchase

Svitlana Kovalska

Cross-border trade has been increasing constantly, with both local companies and multinational corporations looking for ways to expand their trade approaching new markets and suppliers throughout the world.


Legal Digest

Last month the UJBL editorial team monitored novelties of legislation as well as significant amendments and hot legal topics. In this section our team has enlisted the help of experts to comment on some of them. Our latest digest includesResolution On Expanding the List of Goods Originating from Russia Prohibited for Import into the Customs Territory of Ukraine, several resolutions of the National Bank of Ukraine and the court decision on nationalization of PrivatBank. Another milestone was adoption of Law On Amendments to Certain Legislative Acts of Ukraine on Ensuring Competitive Terms of Production of Electricity from Renewable Sources.

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