Category: Ukraine

  • The Verkhovna Rada of Ukraine Adopted the Bill on the Privatization of Lands Owned by the State Bodies at the First Reading

    On 13 July 2020, the Verkhovna Rada of Ukraine adopted at the first reading the bill of the Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine Concerning Ensuring the Right of Employees of the State Agricultural Enterprises, Institutions and Organizations to Receive a Land Plot (Share)”.

    In view of promoters of the bill, the provisions of the Land Code of Ukraine that regulate the privatization of lands of the state or communal agricultural enterprises are do not determine the proper procedure for privatization and entail a great number of contradictory situations. For instance, the legislation does not still provide specific cases when such a privatization may be carried out and does not determine what area of the agriculture land may be privatized, and what area shall remain in the state or communal ownership.

    In view of this, the bill provides the following peculiarities:

    • only lands of state agricultural enterprises, institutions and organisations shall be subject to the privatization;
    • the privatization of lands of state agricultural enterprise shall be allowed in such cases: і)in the course of privatization of the enterprise itself; іі) without any resolutions on the enterprise privatization, based on the resolution of the body governing the affairs of the enterprise; ііі) in the course of winding up the enterprise;
    • the Law determines the procedure for allocation of agricultural lands in course of the privatization of lands of the state agricultural enterprises, in particular: і) up to 40% of lands shall be allocated between employees of the enterprise and retirees among them, employees of state and communal social protection institutions; іі) up to 20% of lands shall be transferred into the ownership of the war veterans for individual farm household; ііі) no less than 40% shall be granted for the lease at land auctions (except for the cases of the privatization of the enterprise lands in connection with the privatization of the enterprise itself).

    In case of the privatization of the enterprise itself, the lands remaining after the allocation between employees of the enterprise, employees of state and communal social protection institutions and war veterans, shall be granted for 50 years for lease to the business entity into which the enterprise is transformed.

    By Taras Lytovchenko, Counsel, and Andriy Oliinyk, Junior Associate, GOLAW

  • Ukrainian Data Protection Considerations Related to COVID-19

    The restrictions that have been implemented by most governments to tackle the COVID-19 pandemic have affected various sectors of the economy and changed the way most businesses operate.

    Many companies have switched to remote working to minimize personal contact to the extent possible. As a result, the intensity and volume of the data flow inside organizations has risen dramatically, making data protection compliance as compelling as it was at the end of May 2018 when the General Data Protection Regulation (GDPR) became effective.

    Let’s have a closer look at how the Ukrainian data protection framework and the country’s regulatory authorities are dealing with some of most crucial issues put on the agenda by COVID-19.

    Lawfulness of Processing

    Under the general rule, processing of personal data (including health data) requires the consent of individuals whose personal data is processed. In addition, processing of health data, which has a higher level of legal protection by operation of law, requires that the Ukrainian Parliament Commissioner for Human Rights (the “Regulator”) be notified.

    Nevertheless, health data may be processed without the consent of an individual if, for example, processing is necessary for the due performance of the controller’s statutory obligations or to protect the vital interests of the individual whose data is processed.

    In addition, processing of health data does not require the obtaining of consent if it is required for public health purposes and where the processor has a medical license or is a medical worker or a person employed with a medical institution.

    Position of Regulator?

    Although most European data protection authorities have issued official positions on whether certain health data (e.g., body temperature, fact of being tested COVID-19 positive, etc.) may be collected/processed without consent based on the public interest or other exemptions, the Regulator, so far, has remained silent.

    Given the nature of the COVID-19 crisis, the requirement to notify the Regulator of the processing of health data appears to be quite burdensome and even impractical for some processors. As the result, some of them have approached the Regulator asking whether this requirement may be temporary lifted.

    While the Regulator has not yet announced its official position, we expect it to follow a general trend set by most data protection authorities, acknowledging the challenges raised by COVID-19 in terms of managing data protection and information security matters, but eventually reinforcing the view that the relevant laws should still apply.

    Further Course of Action

    While the Regulator has not yet provided any guidance on how to deal with the data compliance challenges caused by COVID-19, we have a few recommendations on how to deal with some of these challenges.

    We recommend checking the subject matter of consents the company has already obtained. This may be especially relevant in relations between employer and employees. Most likely, such consents do not cover health data which the employer may collect and/or process through, for example, the use of thermal cameras. If this is the case, the processing of health data of such employees requires obtaining a separate consent (as the purpose of the initial processing has changed).

    The employer may inform employees of the fact that other employees have tested positive for COVID-19, and of their potential exposure. However, the employer should not disclose the identity of infected employees to their colleagues.

    Information Security

    While the regulatory framework addressing information security matters remains quite undeveloped, we recommend that companies act responsibly and proactively by applying best practices without external stimulus.

    It is easier to develop a solid IT infrastructure and introduce relevant policies within the company in advance, thereby reducing the risks attached to email scams, social engineering, and so on, than to refrain from doing so and await potentially adverse consequences.

    Conclusion

    While it is hard to predict how long COVID-19 and the relevant restriction measures will last, it is important to see the opportunities attached to such challenging times.

    Shifting to remote work may be a good test for companies’ IT systems and personal data compliance policies. This change may either show the areas for improvement or, on the contrary, confirm that the internal business processes are flexible and can be easily adjusted even to the realities of COVID-19.

    By Mykola Stetsenko, Partner, and Dmytro Symbiryov, Senior Associate, Avellum

    This Article was originally published in Issue 7.5 of the CEE Legal Matters Magazine. If you would like to receive a hard copy of the magazine, you can subscribe here.

  • The Verkhovna Rada of Ukraine (the Supreme Legislative Body of Ukraine) Legalized the Gaming Industry

    On 14 July 2020, the Verkhovna Rada of Ukraine adopted the Law of Ukraine ”On State Regulation of Activities Related to the Organization and Conduct of Gambling”.

    As provided by the Law, the main purpose of its adoption is the creation of the state-of-art and efficient regulatory framework to regulate the organization and conduct of gambling based on the comprehensive and systematic approach. Such an approach is committed to strike an optimal balance between the interests of the society, the market members and the state and also to create the conditions to fill the state budget.

    An important novelty lies in the implementation of the exclusive list of gambling activities types allowed in Ukraine, in particular:

    • organization and conduct of gambling in casino gambling establishments;
    • organization and conduct of casino gambling through the Internet;
    • organization and conduct of the bookmaker’s activity through the bookmaker’s centers;
    • organization and conduct of the bookmaker’s activity through the Internet;
    • license to organization and conduct of gambling in the slot machine halls;
    • lottery issuance and holding;
    • organization and conduct of poker gambling through the Internet;
    • licensing of activity on providing services in the sphere of gambling.

    The Law establishes the list of requirements to the organizers of gambling, in particular, it sets out firm requirements to their financial condition to ensure their financial stability and guarantee the payment of winnings; furthermore, special requirements as to the compliance of the gambling equipment to be used for gambling with common international standards are set.

    The majority of provisions of the respective Law will become effective from the date following the date of its publication.

    By Taras Lytovchenko, Counsel, and Andriy Oliinyk, Junior Associate, GOLAW

  • Sayenko Kharenko Advises EBRD on Entrance into ISDA Master Agreement with National Bank of Ukraine

    Sayenko Kharenko has advised the European Bank for Reconstruction and Development on its entry into the 1992 ISDA Master Agreement with the National Bank of Ukraine, the Ukrainian central bank.

    According to Sayenko Kharenko, ”the 1992 ISDA Master Agreement will be used as a basis for the entry into USD-UAH swaps within a USD 500 million swap facility agreed between the EBRD and the NBU earlier this year. The USD-UAH swap facility was set up to increase the availability of Ukrainian currency to the local businesses impacted by the Coronavirus pandemic. It will enable the EBRD to provide UAH loans to its existing and new clients with a goal to support their urgent liquidity, short-term working capital, and trade finance needs. The first USD 30 million swap was executed in June 2020.” 

    The ISDA Master Agreements, published by the International Swaps and Derivatives Association, are the most commonly used master agreements to document over-the-counter derivative transactions internationally.

    Sayenko Kharenko’s team included Partners Nazar Chernyavsky and Anton Korobeynikov and Senior Associate Dmytro Vasylyna.

  • Redcliffe Partners Advises EBRD on Short-Term Loan to Nibulon

    Redcliffe Partners has advised the EBRD on a USD 27 million short-term secured loan to Nibulon LLC, a Ukrainian agricultural company.

    According to Redcliffe Partners, “the funds will be used for financing of the seasonal working capital needs of the trading operations, in particular primary processing, storage and transportation of commodities and their subsequent sale for export.”

    Redcliffe Partners’s team consisted of Managing Partner Olexiy Soshenko, Senior Associate Evgeniy Vazhynskiy, and Associate Eduard Olentsevych.

  • Vasil Kisil & Partners Advises St Sophia Homes on Lease Agreement with Goethe-Institut

    Vasil Kisil & Partners has advised St Sophia Homes on leasing offices in Kyiv to Goethe-Institut.

    The new office of the Goethe-Institut will be located in the Zitadelle building in Kyiv. According to Vasil Kisil & Partners, “Zitadelle is a historical building in the Lavrskiy business quarter, which is a part of the Arsenal Palace project being developed by St Sophia Homes. Goethe-Institut became the biggest tenant in Zitadelle. [The] opening of a new office was preceded by around 18 months of negotiations, documentary work, and refurbishment of a unique 1814 protected building of the former Kyiv-Pecherska Fortress.”

    Vasil Kisil & Partners’ team included Partner Alexander Borodkin and Associate Tetiana Revutska.

    Vasil Kisil & Partners did not identify counsel for Goethe-Institut.

  • Business Development Specialist Tetiana Tyshchenko Joins Asters as Partner

    Former AEQUO Head of Sales and Client Care Tetiana Tyshchenko has joined Asters as a Partner.

    Asters reports that “at this position, Tetiana will be responsible for leading all aspects of business development across the firm’s international offices, coordinating and enhancing communication with strategic international partners, and providing the Management Committee with practical support, tactical advice, and analytical research in connection with global strategic initiatives, implementation of the firm’s international strategy, and further international expansion. She will also focus on improving the delivery of an exceptional level of services to the firm’s clients.”

    Tyshchenko spent the past three and a half years at Aequo, after spending the two before that as Head of CIS and Foreign Desk at Integrites. According to Asters, Tyshchenko has more than ten years of experience in strategic planning, operational transformation, marketing, business development, and “building efficient client management culture in leading Ukrainian law firms and consulting companies.” 

    Tyshchenko holds an Executive MBA from Kyiv-Mohyla Business School and a degree in Management from the National University of Kyiv-Mohyla Academy.

    “On behalf of Asters’ Management Committee, I’m delighted to welcome Tetiana to our team,” commented Co-Managing Partner Serhii Sviriba. “We truly hope that her unique skills and knowledge will facilitate carrying out the firm’s ambitious growth and development plans on the international market as well as building client-centric culture and providing an unparalleled level of client services. In collaboration with Asters’ leadership, Tetiana will enhance the firm’s position not only as a flagship of the Ukrainian national legal market but as a leading law firm with global reach.”

  • Latham & Watkins, Avellum, and Sayenko Kharenko Advise on Ukraine’s USD 2 Billion Eurobond

    Latham & Watkins and Sayenko Kharenko have advised JP Morgan and Goldman Sachs as the joint lead managers and joint dealer-managers on Ukraine’s successful completion of the settlement of its new USD 2 billion 7.253% Eurobond due 2033, as well as on its first-ever intra-day switch tender offer in relation to its outstanding USD-denominated 7.75% senior notes due 2021 and USS-denominated 7.75% senior notes due 2022. Avellum and White & Case advised the Ministry of Finance of Ukraine.

    The notes were admitted to trading on the regulated market of Euronext Dublin.

    Latham & Watkins’ team was led by Moscow-based Partner David Stewart and London-based Partner Lene Malthasen and included Associates Harrison Armstrong and Amina Tsatiashvili. 

    Sayenko Kharenko’s team included Partners Igor Lozenko and Nazar Chernyavsky and Associates Oles Trachuk, Yuri Dmytrenko, and Vladyslava Mitsai.

    Avellum’s team included Senior Partner Glib Bondar, Associate Oleg Krainskyi, and Junior Associates Mariana Veremchuk and Mykola Falko.

  • Advancing Avellum

    In 2009, deep in the throes of the global financial crisis, Mykola Stetsenko, a partner at Baker & McKenzie in Kyiv, stepped away from that secure position to start his own law firm. His ambitious move paid off, and now, eleven years later, the firm he launched – Avellum – is among the most successful and highly regarded in Ukraine.

    The Beginning

    “I always wanted to have a career that had an international touch to it,” Stetsenko recalls from his office in Kyiv. “I remember coming back to Ukraine in 1994 after a year in a high school exchange program in the United States and wanting to pursue a professional path that would allow me to experience worldly things with an international angle.” He remembers contemplating becoming a translator, and laughs at the memory of considering becoming “a secret agent – they travel a lot!”

    “My father had a legal background – not a huge one, but he did have a legal education,” Stetsenko says. Indeed, Volodymyr Stetsenko started his career as a lawyer, but later developed a career working for the municipal government as a manager in the department of utility services. It was Volodymyr, his son recalls, who told the would-be secret agent that, “if you want to do something interesting and make an impact at the same time – with a strong possibility of having an international career – try and apply to law school.” Stetsenko, who was at the top of his class in high school, remembers thinking to himself, “why not!?”

    As a result, in 1995 Stetsenko enrolled in the Institute of International Relations of the Taras Shevchenko Kyiv National University. “I managed to get in on a free stipend from the government, otherwise my family wouldn’t have been able to afford it,” he recalls. In the course of his studies, his focus changed from international public law to international private law, before he ultimately settled on business law. In 2000 he got his Master’s degree with honors, and in 2004 he followed that up with an LL.M. with honors from Georgetown University in the United States.

    From Baker to Avellum

    After graduating, Stetsenko joined Baker & McKenzie in Kyiv, eventually spending nine years there, and he made partner in July 2008. He appreciated the education he got from the global firm, but reports not being completely satisfied. “Baker is a great firm and I got some amazing experience working there – I think it gave me a great skillset,” he says. “But to be honest, I always felt that the size and type of deals it mostly worked on was not always what I wanted.”

    Stetsenko dreamed of being independent and “working with the best, like Magic Circle firms,” and in 2009 he left Baker & McKenzie and set up Avellum Partners with friend Kostiantyn Likarchuk. (The name of the firm, Stetsenko explains, “is formed of A and Vellum (parchment on which laws were written in Great Britain), where the A stands for A-class service and top quality”).

    “To be honest, at the time the firm was founded, the decision seemed a bit irrational,” laughs Avellum Senior Partner Glib Bondar, who worked with Stetsenko at Baker & McKenzie and joined his friend at Avellum Partners in 2010. “It was in the middle of the financial crisis and nobody knew what the markets would look like in the future … but it turned out to be an amazing choice on Mykola’s part.”

    “Looking back, I’d probably use the word crazy,” Stetsenko smiles, “but also, maybe, courageous.” In any event, he says, the time was right. He recalls that, as a result of the financial crisis, Baker & McKenzie was “slashing people left and right. A lot of good people were fired, which looking back seems pragmatic and logical, but was not very well-communicated at the time.” As a result, he says, the opportunity to pursue his dream of opening his own law firm was compelling. “I had been a partner for a year already at the time I decided to leave – so I had a well-formed client base of my own. This made the transition a bit more natural and easier.”

    Coming Up to Speed

    Avellum Partners hit the ground running on July 9, 2009. And Stetsenko and Likarchuk did not start alone. “I tried to save as many quality people as I could, leaving Baker,” Stetsenko recalls, pointing in particular to Yuriy Nechayev, who was a junior associate when he left Baker in 2009. Bondar describes Nechayev’s decision to follow Stetsenko to Avellum Partners as a significant sign that the new firm would succeed. “I mean, to leave an established firm for what was, essentially, a start-up,” Bondar says, “it had to be looking great from the get-go!”

    Still, it was a small team at first, consisting only of four associates, Stetsenko, and Likarchuk. Then, in early 2010, Bondar joined to lead the Finance and Capital Markets practice, and the firm quickly hired quickly hired another three associates and three more support staff members.

    The firm was able to build on Stetsenko’s reputation and existing client base and soon found itself working with international firms looking for Ukrainian assistance. “We persuaded some firms in London that we could be an asset,” Stetsenko says. “In the first few months, we did some work with Freshfields Bruckhaus Deringer and Linklaters, and in less than a year with Latham & Watkins as well.” Eventually, he says, Avellum Partners was working with “major firms on huge global transactions – something we wouldn’t have had nearly as much access to when we were at Baker.”

    Before long, Avellum Partners – the “Partners” was dropped from its name in 2015 – had become a successful full-service firm. In 2012 the firm added a formal Dispute Resolution practice, then Antitrust and Real Estate practices, and most recently, with the February 2019 addition of Counsel Anton Polikarpov, an IP practice.

    The firm’s partnership grew over time as well (although in 2015 Likarchuk left the firm to become Deputy Chairman of the State Fiscal Service of Ukraine (and then, eventually, a Partner at Kinstellar)). In 2018, Nechayev, who had joined at the beginning, was made partner, as did tax lawyer Vadim Medvedev a year later. Bondar points to Medvedev’s progress to partnership as a demonstration of the firm’s flexibility and meritocratic sensibility. “He grew quite fast and expressed, from the get-go, a desire to develop the firm’s Tax practice, seeing as how we didn’t have one back then,” he recalls. “Mykola and I, once we saw that he meant business, put our faith in him and now he is our Tax Partner.”

    The firm, which started a decade ago with two partners and four associates, now has four partners, 35 non-partner fee-earners, and a 22-person administrative team. It has also, for the 11 years of its existence, worked on many of the largest deals in Ukraine. (See Box)

    Bon Mots from the Market

    Avellum Client Yuriy Kovalchuk remembers meeting Stetsenko, “long before Avellum, back when he was at Baker & McKenzie. We worked together on several IPOs for major Ukrainian clients while I was still with the ING investment banking team.” In fact, he says, he encouraged Stetsenko to move on from the global firm way back then. “When Mykola was contemplating leaving Baker and setting up Avellum I remember us going for lunch and discussing the idea,” Kovalchuk says. “I was all for it and told him that he should definitely do it or he’d regret it for the rest of his life.”

    Kovalchuk speaks glowingly of the service his friend’s firm provides, noting that he enjoys “working with the Avellum guys because of their responsiveness, proactiveness, and creative approach.” He says that he uses every chance he gets to “speak good of them and I plan to keep on working with them whenever I get the chance!”

    Clients aren’t the only ones offering up testimonials. Anna Babych, Partner at Ukraine’s Aequo law firm, says “I respect the way Mykola succeeded in establishing the practice and the firm in general.” Babych claims that her opinion is common among legal professionals in Ukraine, and that “M&A practitioners regard Mykola well, for his professional approach and friendly style.” According to Babych, “not only is he an excellent example of a transactional lawyer, but he also contributes greatly to Ukraine’s success by actively involving himself in law-making initiatives.”

    Looking Forward

    “When we started working together at Avellum, Mykola and I didn’t really have much experience in running our own business,” Bondar laughs. “We had no bureaucratic policies devised, we thought we could avoid tracking time … we just went at it!”

    Times have changed, but Bondar and Stetsenko still run their own practices – with Bondar on Finance, Capital Markets, Restructurings, and Energy, and Stetsenko on Corporate/M&A, Real Estate, Antitrust, and IP – while also working to grow the business. That’s not always easy, in an ever-more-competitive market. “Since 2009, the legal market in Ukraine has changed significantly, with many new firms appearing, spinning off, and merging,” Bondar says, “so we have to focus and think more about doing business development and marketing, not just core legal work, in order to remain competitive.”

    But Stetsenko insists that he gets more satisfaction from doing good work than from playing King of the Hill. “Some firms like to boast that they’re the biggest, some that they’re the most innovative, or that they provide new types of services,” he says. “We like to think of ourselves as being the most prepared to tackle intellectually challenging work.” As part of this, he says, Avellum seizes every opportunity to “engage in complex and complicated transactions, Eurobond issuances, huge restructurings – difficult projects overall.” He smiles, reciting his elevator pitch. “We have a strong intellectual base in Finance, Corporate, Tax, and Real Estate – and we offer outside-of-the-box thinking to solve every problem.”

    “Mykola, Yuriy, Vadim, and I – we’re a true team,” Bondar reflects. “Mykola and I have known each other for almost twenty years now and we spend a lot of time outside of the firm too. Of course, you can’t escape talking shop even then,” he laughs.

    At the end of the day, Avellum is getting closer to the London Magic Circle firms it models itself after. “In terms of legal work in Capital Markets,” Stetsenko says, “I think around 70% of the Ukrainian legal market is us.” Bondar agrees, and adds that the firm’s spirit matches its success. “Our team is great, our culture is most enjoyable, and we’ll keep on doing what we’re doing!”

    This Article was originally published in Issue 7.5 of the CEE Legal Matters Magazine. If you would like to receive a hard copy of the magazine, you can subscribe here.

  • Ukrainian Gas Transmission System Unbundling – Mission Possible and Completed

    2019 was an outstanding year for Ukrainian gas sector, as the country managed to complete the most critical parts of the unbundling of the gas transmission system in a timely manner. The year was also remarkable because, in twelve months, we saw three different unbundling models proposed by the Government, forcing the participants of the unbundling process and the key stakeholders to quickly adapt to the new rules and scenarios. For most of the year the country planned to implement an ownership unbundling model. However, in September 2019, before the third round of trilateral Ukraine-Russia-EU talks on gas transit, the unbundling plan took a U-turn, when the newly appointed Ukrainian Government, in its Resolution 840 (the “New Unbundling Resolution”), decided to switch to the independent system operator (ISO) model.

    We addressed and covered the general design and developments of the then-anticipated unbundling of the Ukrainian gas transmission system in an Experts Review article titled “The Gordian Knot of Ukrainian Gas Transmission System Unbundling” in the September 2019 issue of the CEE Legal Matters magazine, and in a subsequent online update.

    However, adoption of the New Unbundling Resolution was only the first of many crucial steps to be completed on the way to completing the successful unbundling before January 1, 2020. The new ISO model foresaw the transfer of GTS-related assets to the Gas Transmission System Operator limited liability company (GTSO) – the specially established subsidiary of JSC Ukrtransgaz – and the subsequent transfer of 100% of GTSO to the ownership of JSC Main Gas Pipelines of Ukraine (MGU). All MGU shares were then supposed to be transferred from the Ministry of Energy of Ukraine to the Ministry of Finance of Ukraine – which was designated as the independent “transmission system owner” on behalf of the state.

    By adopting the New Unbundling Resolution the Government managed to preserve and combine most of the results of the preparatory work undertaken both by Naftogaz (the former manager of the gas transmission system and former owner of the current GTSO) and by MGU, which was specifically established, initially, to become the transmission system operator. As a result of the completion of the unbundling MGU serves as a holding company in relation to the GTSO and is an important component in the corporate governance structure and compliance with the TSO certification conditions.

    Following the adoption of the New Unbundling Resolution the Government and the Parliament of Ukraine demonstrated unprecedented unity in addressing unbundling-related commitments. Apparently the combination of a parliamentary mono-majority with the newly appointed Government played a decisive role. On October 31, 2019, the Parliament adopted the Law of Ukraine “On Amendments to Certain Laws due to Unbundling of Natural Gas Transmission Activity” No. 264-IX (the so-called “Unbundling Law”). The entry of the law into force was a bit bumpy but was eventually achieved on November 17, 2019. The Unbundling Law was a milestone in the unbundling process and the key element in Ukraine’s natural gas market reform. It ensured the market’s liberalization, efficiency, transparency, and further integration with neighboring European markets. Among other things, the Unbundling Law allowed governmental institutions to transfer state-owned assets (related to GTS) into so-called “commercial management” by the GTSO (as per amendments to the Commercial Code); introduced the supervisory role of the National Energy and Utilities Regulatory Commission (NEURC) over the ministry responsible for management of GTS assets (as per amendments to the Gas Market Law); and gave the NEURC the power to resolve disputes between GTSO and the ministry responsible for management of GTS assets (as per amendments to the NEURC Law).

    Soon after, on November 2, the NEURC issued its preliminary certification decision, which was confirmed by a final decision on December 24, 2019. The NEURC final certification decision reflected and relied on the positive opinion of the Energy Community Secretariat of December 17, 2019.

    All of these steps eventually contributed to the conclusion, in December 2019, of a new 5-year gas transit contract with Russia’s Gazprom and the settlement of open arbitration claims between Naftogaz and Gazprom.

    Today, four months after the final completion of the gas transmission system unbundling (effected via transfer of 100% share in GTSO to MGU on January 1, 2020) Ukraine takes pride in maintaining the uninterrupted transit of gas to Europe and remaining its reliable partner.

    By Maria Orlyk, Partner, CMS Reich-Rohrwig Hainz

    This Article was originally published in Issue 7.5 of the CEE Legal Matters Magazine. If you would like to receive a hard copy of the magazine, you can subscribe here.