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Banking secrecy available to the public

Ukrayins'ka pravda

Actually banking borrowers do not differ from other borrowers. Bank practices may be used by any of the lenders – the state, public utilities or ex-wife. Refresh your memory about you are in debts or not. Otherwise you might turn out to be the last to discover this

Just a month ago the only obstacle to exit the country was forgotten foreign passport or ticket.
Today none can be sure that the end of their trip won’t be a meeting with frontier guards at the passport check frontier point. Even those having no bank loans.
Whereas lately no amendments were introduced to the law regulating the procedure of exit for the country, the grounds for sudden limitations are rather interesting.

Lesya Kovtun, Attorney at Law of Volkov Koziakov & Partners


WTO Dispute Settlement: Who is Going to Participate?

The Ukrainian Journal of Business Law, Vol.7 #5 May 2009

During the process of Ukraine’s accession to the World Trade Organization (the WTO), as well as following 16 May 2008, the day when Ukraine finally became a Member of the WTO, a number of publications and discussions have focused on the dispute settlement mechanism as one of the main advantages of membership in this organization. The Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU) regulates dispute settlement proceedings within the framework of the WTO, and is frequently mentioned as one of the main achievements of the Uruguay Round. The DSU grants access to the dispute settlement mechanism only to the governments of WTO Members which are parties to the Marrakesh Agreement Establishing the World Trade Organization (the WTO Agreement) and which, therefore, acquire rights and obligations under the WTO Agreement. Private parties (such as individuals, companies, non-government organizations and international organizations) cannot directly submit a complaint to the WTO and initiate the dispute settlement process.

This article analyses how governments organize their participation in the dispute settlement process and how private parties, those which are suffering most of all from the WTO inconsistent actions of other members, can defend their rights and interests.

Viktoriia Kotsiubska,
is an Senior Associate with
Volkov Koziakov & Partners law firm


Investment opportunities in Ukrainian agriculture

Journal "The In-House Lawyer", #166, December 2008/January 2009

WITH AGRICULTURAL PRICES AND global demand rising sharply over the past two years, Ukraine has encountered new challenges as part of the international community with the potential to gain a global market share. Its natural agricultural assets - a mixture of moderate climate, vast inland waters and sea exits, rich black soil and a cheap labour force - have been modernised by the addition of managers with MBAs who start their days reading stock exchange bulletins rather than the local news.

By Lesya Kovtun, Attorney at Law,
Volkov Koziakov & Partners


What constitutes an advertisement in Ukraine?

Journal "The In-House Lawyer", #165, November 2008

IN UKRAINE, LEGAL RELATIONSHIPS THAT arise between companies in the sphere of intellectual property are regulated. The problematic questions for companies with respect to the application of the law may be settled by receiving an official explanation from the governmental authorities or by applying to the court. However, governmental authorities only understand problems superficially and treat issues unilaterally.

By Taras Rozputenko, associate,
Volkov Koziakov & Partners


Trade mark protection in Ukraine

Journal "The In-House Lawyer", #164, Oktober 2008

THE IMPORTANCE OF TRADE MARKS to different businesses is constantly growing in Ukraine. Trade marks protect the rights of the owners of a company, and keep others from using their names for similar or competing products or services. At the same time, consumers are protected: by preventing companies from using the names or marks of others, trade marks assure customers of who they are buying from.

By Oleksandr Aleksyeyenko, partner,
Volkov Koziakov & Partners


Deemed interest: cross-border elimination of tax liabilities

Journal "The In-House Lawyer", #163, September 2008

IN THIS ARTICLE WE WILL EXPLAIN THE procedure and legal grounds for charging deemed interest on an interest-free loan provided to a resident of Ukraine in accordance with Ukrainian legislation.

By Taras Rozputenko, associate, Volkov Koziakov & Partners


Recession: Current Trends and Future Possibilities

The Ukrainian Journal of Business Law, Vol.8 #3 March 2009

The credit crunch which has turned into financial crisis and subsequently to the global economic downturn unprecedented for 70 years, has led the mergers and acquisitions market into unchartered waters. Lots of people remain clueless about the further effects of the deepening recession and its longevity. Even high-ranking and respected economists and analysts have tended not to make far-reaching prognoses since the forecasts of investment banks' analysts and rating agencies crashed at the beginning of the credit crunch.

Roman Drozhanskyi is a partner with Volkov Koziakov & Partners


Mass Lay Offs, Fort Vacations, Pay Cuts Due to Global Financial Crisis

The Ukrainian Journal of Business Law, Vol.7 #2 February 2009

It's no wonder that global financial crisis has affected almost every country in the world. Some countries suffer less, some suffer more -than others. Ukraine, like other European countries, faced a financial crisis and is currently elaborating special mechanisms and legal instruments to overcome the approaching disaster. Recently in Parliament numerous draft laws and amendments were introduced to existing laws to heal (immunize) the existing financial system and business of Ukraine.

Taras Rozputenko,
is an attorney with Volkov Koziakov & Partners


Trade Remedies in Ukraine

Ukrainian Law Firms 2009

Since the accession to the World Trade Organization, Ukraine faces a challenge to balance between its international commitments to liberalize the domestic measures to encourage international trade and the domestic pressures to ensure that the trade is “fair”. Currently, the national laws are consistent with the Ukraine’s international obligations arising from the WTO trade remedy provisions agreed to as part of the Uruguay Round of multilateral trade negotiations (1986-1994), particularly the WTO Anti-dumping Agreement, WTO Agreement on Safeguards and WTO Agreement on Subsidies and Countervailing Measures, and other trade agreements to which Ukraine is a party. However, laws of Ukraine as well provide a number of effective avenues for domestic industries to seek relief when they believe they have been injured by imports or unfair trade practices.

Lesya Kovtun,
is an Attorney at law with
Volkov Koziakov & Partners law firm

Viktoriia Kotsiubska,
is an Senior Associate with
Volkov Koziakov & Partners law firm


Due Diligence in Ukraine: Latest Developments

Ukrainian Law Firms 2009

orporate acquisitions market has developed quite quickly during last year as many businesses have been sold to new owners, and some companies have merged with bigger corporations. Due diligence procedure has already become well-known to both professionals and businessmen involved in M&A transactions. However, some special aspects of due diligence may be familiar neither to vendors nor to buyers of assets and existing businesses. The latest developments of due diligence procedure in the Ukrainian market and different aspects of vendors due diligence will be reflected in this article.

Volodymyr Belimov,
is an Associate with Volkov Koziakov & Partners law firm

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