Dentons Kyiv has acted as Ukrainian law counsel to Zeo Alliance, an international software developer, on various Ukrainian law issues related to the company’s business structure in Ukraine.
The Dentons team was led by Partner Natalia Selyakova, assisted by Associates Oksana Horban and Artem Lukyanov.
Ilyashev & Partners is representing the Ukrainian State Strategic Enterprise “Antonov,” which on October 12, 2017, filed a motion in the Sviatoshynskyi District Court of Kyiv for enforcement of a judgment delivered by the International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry awarding more than UAH 32 million to Antonov from the Libyan Executive Authority for Special Flights.
According to Ilyashev & Partners, the judgment in favor of Antonov was delivered by the ICAC at the Ukrainian CCI on May 16, 2017, in which the Court granted Antonov’s claim to recover the debt owed by the corporate successor of Libyan Arab Air Cargo, which had brought an aircraft for maintenance in 2010. The Libyan state authority did not voluntarily execute the ICAC’s order.
“Antonov, protecting its legitimate rights, is forced to request the foreclosure on the aircraft AN-124-100 ‘Ruslan’ owned by the Libyan party and residing in Kyiv,” commented Ilyashev & Partners Senior Partner Roman Marchenko. “If the debt is not recovered the aircraft will be placed on auction by the State Executive Service.”
Vasil Kisil & Partners has successfully represented the interests of Imperial Tobacco Production Ukraine in a dispute with Ukrainian tax authorities.
The VKP team successfully resolved this dispute in the local court as well as in the appellate court and Superior Administrative Court of Ukraine, proving in all instances, according to the firm, “that the tobacco factory’s deduction of royalties paid to Reemtsma Cigarettenfabriken GmbH into expenses under the sub-license agreement was in full accordance with the tax laws of Ukraine.”
The Vasil Kisil & Partners team included Managing Partner Andriy Stelmashchuk, Senior Associate Tetyana Berezhna, and Associates Maksym Maksymov and Victor Grabovsky.
On October 12, Olga Balytska joined PwC Legal in Ukraine as Head of the firm’s Real Estate practice.
PwC describes Balytska as “a well-known expert in legal issues dealing with real estate, construction, and land use, with more than 15 years of … accomplishment with leading multinational and domestic companies. Olga was repeatedly elected as a Chair of the Real Estate Committee of the European Business Association, and she is an active member of the Commission on Urban Development, Architecture and Land Use.” In addition, the firm reports, as a member of the Kyiv City Council,” she came up with numerous initiatives aiming to resolve most of the controversial developments in the city of Kyiv and draft ordinances that introduce fundamental changes to urban development.”
“I am very thankful for the invitation to join the legal team of PwC Legal,” said Balytska. “I am deeply convinced — and this conviction is based on first-hand experience — that despite all the adverse conditions, well thought out and legally balanced domestic and international investments in real estate, construction, infrastructure projects, agriculture, and alternative and renewable energy sources can serve as a guarantee of their successful implementation and security. We utilize up-to-date professional approach to solve issues at hand rather than old-school methods and leverage benefits of the effective legislation to secure our clients success. I am convinced that close collaboration with tax and audit experts, business consultants, and other teams within the PwC global network allows us to approach legal issues from different directions and offer our clients truly effective solutions covering all aspects of doing business.”
Andrey Pronchenko, Managing Partner at PwC Legal Ukraine, added: “Our team is happy to welcome Olga to its ranks. Olga is regarded in the market as a champion of promoting a transparent and legitimate construction marketplace in Ukraine and contributes to the introduction of an effective investment policy in accordance with the best European standards and world’s best practices. Her civic and professional position truly deserves respect and correlates with the PwC’s brand purposes – to build trust in society and solve important problems”.
The National Bank of Ukraine (the “NBU”) has significantly simplified its rules for attracting cross-border loans by Ukrainian borrowers from international financial institutions (“IFI”), such as, among others, the European Bank for Reconstruction and Development and International Finance Corporation.
With effect from 13 September 2017, any cross-border loan extended by an IFI to a Ukrainian borrower is not subject to registration with the NBU.
The NBU has also permitted IFIs to extend loans in UAH while repayments under such loans are allowed to be made in foreign currency.
Any cross-border loan granted by an IFI can be attracted and serviced subject to the terms agreed between its parties without the need to obtain any NBU approvals or permits (individual licences) for its disbursement or repayment. The maximum interest rate caps are also not applicable to such loans.
By Ihor Olekhov, Partner, and Dmytro Orendarets, Senior Associate, Baker McKenzie
Ilyashev & Partners has advised the Deutsche Gesellschaft fur Internationale Zusammenarbeit GmbH concerning the structuring of relations with the beneficiaries of technical aid provided by the German government within the framework of the “Strengthening Social Infrastructure for Absorption of IDPs” project.
The project, funded by the German Government and implemented by the Gesellschaft fur Internationale Zusammenarbeit (GIZ), is designed to provide for the improvement of social infrastructure services for internally displaced persons and host communities. According to Ilyashev & Partners, “GIZ provides technical assistance and consultancy to territorial communities for the construction, reconstruction, and improvement of energy efficiency of schools, kindergartens, hospitals, residential facilities, and care homes. The initiative is being implemented in regions with the majority of internally displaced persons – Kharkiv, Dnipropetrovsk and Zaporizhia Regions.”
According to Ilyashev & Partners, GIZ, “supports as a federal enterprise the German Government in achieving its objectives in the field of international cooperation for sustainable development. Germany’s international cooperation with Ukraine focuses on sustainable economic development, energy, democracy, civil society, public administration and decentralization. Cooperation work outside these priority areas includes HIV/AIDS prevention and the effective long-term management of the situation in the east of the country.”
Sergiy Gryshko, Taras Kachka, Viktor Muravyov, and Yuriy Rudyuk have been placed on the list of arbitrators required by Articles 306 and 307 of the EU-Ukraine Association Agreement by Ukraine’s President Petro Poroshenko.
Gryshko is Deputy Director General at Redcliffe Partners in Ukraine, Kachka is Deputy Executive Director at the International Renaissance Foundation, Muravyov is Head of the Department of Comparative and European Law at the Institute of International Relations of Kyiv Taras Shevchenko National University, and Rudyuk is Partner at the Van Bael & Bellis law firm in Belgium.
According to a Van Bael & Bellis press release, “for disputes concerning the interpretation and application of the provisions in the EU-Ukraine Association Agreement, a separate dispute settlement mechanism has been established with a permanent list of arbitrators, out of which the parties may choose their panelists for a given dispute. An arbitration panel under the DSM of the EU-Ukraine Association Agreement shall be composed of three arbitrators (one from each Party and one who is a national of either Party).”
Everlegal has advised UDP Renewables, a Ukrainian developer of renewable energy projects, on the development of its 6 MW Dymerska Solar Power Plant.
According to Everlegal, the firm’s team advised UDP “on various legal aspects of the project spanning corporate matters, real estate and land matters, interconnection arrangements, power purchase arrangements, major equipment purchase contracts, EPC and O&M contracts. Among other things Everlegal assisted UDP Renewables in ensuring that the project’s ownership and financing structures as well as the contractual arrangements were well aligned and bankable.”
The Everlegal team was led by Partner Andriy Olenyuk, assisted by Junior Associates Alina Zhuk and Mykyta Steblyuk. Managing Partner Yevheniy Deyneko “provided specialist advice on certain project related matters.”
Aequo has advised Dragon Capital Group on its acquisition of the Prime and Eurasia business centers in Kyiv from BTA Bank, Ukraine. Sayenko Kharenko advised the sellers on the deal.
The total area of the Class A Eurasia and Prime business centers is 33,423 and 9,140 square meters, respectively, and key tenants include Microsoft, PWC, Deloitte, EPAM, and Sanofi. The deal follows Dragon Capital Group’s 2016 acquisition of the Pyramid Shopping Mall, which Aequo also supported.
According to Aequo, the acquisition “proves the gradual revival of the Ukrainian commercial real estate market and reassures potential investors in its further prospects.” The firm’s project team, all working under the general supervision of Partner Yulia Kyrpa, included Senior Associate Bohdan Dmukhovskyy and Associate Mykhailo Soroka.
The Sayenko Kharenko team was led by Partners Vladimir Sayenko and Sergey Pogrebnoy and included Senior Associates Anastasiya Bidakh and Sergiy Kazmirchuk and Associate Kuzma Pozychaniuk.
Gestors has successfully represented the interests of PJSC Donetskoblgaz in a dispute with the mayor of the city of Kramatorsk, in the Donetsk region.
The mayor challenged the bill of PJSC Donetskoblgaz and demanded that the company recalculate the current obligation for the natural gas consumed by the population of Donetsk region. The mayor’s claim was dismissed.
The Gestors team was led by Partner Vitaliy Makhinchuk and included Lawyers Salenko Yaroslav and Sergei Koryed.