Category: Ukraine

  • AEQUO Advises Cropio Group on Sale of Business to Syngenta

    AEQUO Advises Cropio Group on Sale of Business to Syngenta

    Aequo has advised the Cropio Group, an agriculture tech company, on the sale of its business to Syngenta. Egorov, Puginsky, Afanasiev & Partners and Reed Smith reportedly advised Syngenta on the deal.

    The Cropio Group, which develops farm management software providing imaging, record-keeping, and equipment tracking functions, was founded in 2014 and is present in more than 50 countries. It will remain a standalone company, owned by Syngenta. 

    The Aequo team included Counsel Bohdan Dmukhovskyy, Senior Associate Mykhailo Soroka, and Associates Glib Bukharin and Olesia Mashtaler.

  • “Green” Auctions and Open Electricity Market Offer New Market Incentives for Investors in Ukraine

    Recent developments in the Ukrainian energy sector open up new opportunities for strategic international investors. First is “green” auctions – starting 2020, new projects in power generation for renewable sources will develop under the price formed through an open auction system. The new law on auctions adopted in 2019 will allow investors to make long-term plans in the sector and attract project financing. Second is the launch of the open electricity market on July 1, 2019.

    “Green” auctions

    Ukrainian renewables sector has been booming. Over the past 5 years it has attracted over € 2,5 billion of investment. In the first half of 2019, the volume of installed capacities exceeded that installed during the whole 2018. The momentum maintained on the market finds reflection in INTEGRITES portfolio – the firm has supported around 80% of the wind and 40% of the solar power projects of international developers in Ukraine. Over the last year we helped investors to close over € 1 billion project financing. The demand is still growing: business requires complex legal advice on a number of matters – land, construction, feed-in tariff, permits, connection to the grid, tax, banking and finance. 

    Investors demonstrate increasing appetite mainly because of two reasons. 

    First is due to the fixed feed-in tariff which still remains one of the highest in Europe. Starting from 2009 when we supported to support our first clients in renewables industry, the quite lucrative feed-in tariff attracted many international players. However, in 2010 they left because the market turned into Ukrainian oligarchs’ monopoly. After the Revolution of Dignity and in particular after 2015 when the Parliament of Ukraine abolished the so called “local content” – the regulation requiring developers to use equipment made in Ukraine for development of renewable energy facilities, the general framework for developing renewables was again in place. This move together with the new law on the electricity market played an essential role for international players to start coming back in 2017. 

    The second reason is the new law on the auctions passed in April 2019. The first auctions shall be held from 2020. There is a transition period for companies that will sign a Pre-Purchase Agreement with a Guaranteed Buyer by the end of 2019. Their projects will be eligible for the feed-in tariff, provided that the capacity is put into operation within the next 2-3 years. 

    In 2020, new projects will have to use the auctions mechanism. Then we will see the real price for 1 kW of electricity produced from renewable sources, being formed by the market. As a result of auctions, the tariff that the producer would offer will be fixed for 20 years. It will ensure predictability that every investor is seeking while looking into long-term opportunities in renewables.

    Additionally, the auctions will be maintained by the public procurement e-system Prozorro that will go in line with investors’ requirements to the transparency of the bid process.

    Open electricity market

    Along with renewables, investors are likely to start exploring opportunities in the classic power generation, namely power distribution systems and regional energy producers (oblenergos). Earlier, despite possible interest in the sector, international players used to hold back due to the oftentimes non-transparent transmission tariff design. 

    Now it might be the time to reconsider options, especially in light of the open electricity market which came into force in July 2019. Open competition-based market will serve as a key incentive for foreign investors (This was the case with the oil&gas upstream industry in Ukraine where earlier there had been only one supplier and now there are tens of traders. The online upstream concession rounds held by the Government in 2019 became a game-changer for the industry bringing 7 large international players into the Ukrainian upstream). 

    The next step will be integration of Ukraine’s electric power grid with that of the EU. It will ensure more accessible electricity prices for consumers and enable further market mechanisms that form investors’ positive expectations.   

    By Oleksiy Feliv, Managing Partner Integrites

  • Redcliffe Partners and Linklaters Advise EBRD on Loan to Kernel for Biomass Plants Construction

    Redcliffe Partners and Linklaters Advise EBRD on Loan to Kernel for Biomass Plants Construction

    Redcliffe Partners and Linklaters have advised the EBRD on a USD 56 million term-secured loan, including a USD 8 million tranche funded by the Clean Technology Fund, made to four Ukrainian members of the Kernel Group, the producer and exporter of sunflower oil in Ukraine and a supplier of agricultural products from the Black Sea region to world markets. Allen & Overy and Lenz & Staehlin reportedly advised the Kernel Group on the deal.

    The loan will be used to finance the construction of four biomass plants with an aggregate capacity of 47MW at the existing Ukrainian production facilities of the borrowers to use sunflower husk, a biomass residue produced in the crushing process, as biofuel to generate electricity.

    The Redcliffe Partners team included Managing Partner Olexiy Soshenko, Senior Associate Evgeniy Vazhynskiy, and Junior Associate Eduard Olentsevych.

    The Linklaters team included Counsel Adrian Horne and Associate Piotr Hurkala.

  • Aequo Advises Raiffeisen Bank International on Financing to EpiCentr Group

    Aequo Advises Raiffeisen Bank International on Financing to EpiCentr Group

    Aequo has advised Raiffeisen Bank International AG on its extension of a five-year loan of approximately EUR 4 million to Ukrainian DIY retailer EpiCentr Group.

    This facility is covered by an export guarantee issued by Euler Hermes Aktiengesellschaft, which served as the export credit agency. 

    EpiCentr intends to use the financing to purchasing 100 modern semi-trailers from Schmitz Cargobull, a German manufacturer, and improving the operational effectiveness of Epicentr-K LLC. The first 20 units of Schmitz trailers got customs clearance in August 2019, and the transaction will be fully completed by the end of 2019.

    The Aequo team was supervised by Partner Yulia Kyrpa and included Of Counsel Denys Kulgavyi and Associate Olesia Mashtaler.

  • Partner Sergii Papernyk Leaves Evris

    Partner Sergii Papernyk Leaves Evris

    Evris Ukraine Partner Sergeii Papernyk, who was Head of the firm’s Banking & Finance and Tech practices, has left the firm.

    According to Evris, Papernyk has “more than 12 years of experience in complex dispute resolution procedures within the banking system …. His experience includes legal support of banking transactions, financial restructuring, [and] representation of clients in commercial and corporate disputes.” In addition, Evris describes him as an expert in Fintech, cryptocurrencies, and blockchain.

    Evris declared itself “thankful for [his] contribution to the firm, unconditional implementation of plans and projects, energy and positive attitude.”

    Papernyk obtained his law degree from the Ukrainian Academy of Foreign Trade and a degree in economics from the European University of Finance, Information systems, Management, and Business. Before joining Evris he worked with AICE Ukraine, UkrSibbank, Sberbank, PJSC Universal Bank, Integrites, Titarenko & Partners, Sayenko Kharenko, and PwC.

  • Oleg Makarov Resigns from VKP to Serve as Ukrainian MP

    Oleg Makarov Resigns from VKP to Serve as Ukrainian MP

    Vasil Kisil & Partners’ Partner Oleg Makarov has resigned his position with Vasil Kisil & Partners after being elected a Ukrainian MP and sworn in as a member of the Verkhovna Rada (the Ukrainian Parliament).

    Makarov, who has over 30 years of experience in litigation and dispute resolution, has been a partner with Vasil Kisil & Partners since the establishment of the firm in 1992. He served as Managing Partner from 2007 to 2015. 

    “Having worked all of my life at Vasil Kisil & Partners, I would like to dedicate the next stage of my professional development to law-making,” Makarov said. “VKP has an immensely strong team and I am sure that Partners Andriy Stelmashchuk, Oleg Alyoshin, Oksana Voynarovska, Vitaliy Kasko, Alexander Borodkin, Oleg Kachmar, Anna Sisetska, and Volodymyr Igonin will steadily lead the firm to new achievements,” 

    Vasil Kisil & Partners Managing Partner Andriy Stelmashchuk said that: “I am sure that Mr. Makarov’s experience and professionalism will do good to the law-making and resolving issues at the national level. We wish Oleg Makarov good luck in working for the benefit of Ukraine.” 

  • Aequo Successful for ProCredit Bank in Supreme Court of Ukraine

    Aequo Successful for ProCredit Bank in Supreme Court of Ukraine

    Aequo has successfully defended the interests of ProCredit Bank in the Supreme Court of Ukraine in a dispute over loan commitments.

    According to Aequo, the plaintiffs were demanding that ProCredit Bank issue a loan based on an executed loan agreement. In finding for ProCredit Bank, the Supreme Court agreed with the Appellate Court’s finding that failure to complete the identification and verification procedures justified the refusal to issue funds despite the executed agreement.

    The Aequo team included Partner Yulia Kyrpa, Counsel Olena Pertsova, Attorney at Law Sergey Oleksin, and Associate Vadym Maistruk.

  • Dubinsky & Osharova Successfully Defends “Mc” Trademark in Ukraine

    Dubinsky & Osharova Successfully Defends “Mc” Trademark in Ukraine

    Dubinsky & Osharova has successfully represented McDonald’s interests before the Supreme Court of Ukraine in a dispute over the company’s “Mc” trademark.

    On August 20, 2019, the Supreme Court upheld the decision of the Appeal Chamber of the State Intellectual Property Service of Ukraine regarding the well-known status of the “Mc” trademark in Ukraine and the compliance of this mark with all factors of a well-known trademark. 

    The Dubinsky & Osharova team was led by Partner Anton Koval.

  • Evris Advises Vetropack on IP Dispute in Ukraine

    Evris Advises Vetropack on IP Dispute in Ukraine

    Evris has advised Vetropack, a European manufacturer of glass packaging for the food and beverages industry, on matters related to an intellectual property dispute in Ukraine.

    The Evris team was led by Partner Aleksandr Molotai and included Associate Serhiy Bryhynets and Patent Agent Anastasiya Sinitsa.

  • Avellum Advises A-Development on Sale of Smart Plaza Obolon

    Avellum Advises A-Development on Sale of Smart Plaza Obolon

    Avellum has advised A-Development on the sale of Smart Plaza Obolon, a newly constructed shopping and entertainment center in Kyiv, to URE Holding Limited.

    URE Holding is a member of the Dragon Capital Group. Smart Plaza Obolon opened in January 2019 and has a leasable area of more than 9,000 square meters. 

    The Avellum team was led by Partner Yuriy Nechayev and included Associates Oleksii Maslov and Maryna Buinytska.