Very Important, but Quite Contradictory

“The Commercial Code of Ukraine, positioned by Ukrainian lawmakers as a stimulant for raising business activity and harmonizing the national economy with the economies of foreign companies, never became the backbone element of the branch of domestic commercial law, its founding stone”, Ernest Gramatskiy, president of the Gra matskiy & Partners attorneys at law says: “The triennial experience of application of the regulatory legal act mentioned above has outlined in the face of the Ukrainian business the problem of correlation of commercial and civil law, that has already gone beyond the scope of scientific discussion. This problem reveals itself, in particular, in the field of an enterprise’s foundation and its activities, where the norms of the Commercial Code of Ukraine which contradict national civil law regulations, create the prerequisites for instability in commercial turnover and raise the degree of risk for entrepreneurs. The current situation is aggravated by the fact that the state of legal regulations at present contemplates application to foregoing relations the provisions of the Commercial Code of Ukraine, as special regulations relative to civil law normative prescriptions. Thus, in the near future adoption of a relevant statement by the supreme judicial body of Ukraine, expressing its official position on the question concerned is expected. This should stimulate a new stage of development of commercial law in Ukraine.”

Konnov & Sozanovsky is famous for its commercial practice and advises its clients on a broad range of issues related to specific business transactions and business activity in general in different areas. The firm’s experts are experienced in optimization of distribution schemes of transnational companies and fulfillment of contract examinations supporting various commercial deals. Sergei Konnov, senior partner, Borys Lobovyk, partner, and Andrey Nikonenko, associate, are regarded as the main experts of Konnov & Sozanovsky in commercial litigation.

The lawyers of Shevchenko Didkovskiy & Partners are well known for their qualified comprehensive advice to foreign clients as regards a wide range of commercial law issues and the specifics of doing business in Ukraine. Partners Oleksiy Didkovskiy, Oleksandr Padalka and Vadym Samoylenko led the teams advising Coca-Cola, Philip Morris, Beiersdorf, Telia Sanera, Miele, News Corp., Telenor ASA on the full range of services regarding Ukrainian corporate, contract, trade and customs law issues. Legal support was also given to Nissan Ukraine, a subsidiary of leading car producer Nissan Motors, on a large variety of corporate and commercial law issues.

The commercial practice of the Vasil Kisil & Partners law firm encompasses comprehensive advice to private and public, domestic and international companies. Whilst looking at its experience, it is prudent to look at the list of services provided, which include establishment of companies, M&A, reorganizations, due diligence, corporate finance and securities, asset finance, leasing, sale and purchase; franchising, licensing, agency and distribution; privatization, etc. Vasil Kisil, Oleg Alyoshin, Denis Lysenko and Oleksiy Filatov are all recommended.

Commercial law is one of the priority areas of Gramatskiy & Partners attorneys at law. The spectrum of services rendered by the qualified team includes preparation of experts views on particular problems of current legislation in the sphere of entrepreneurship, preparation for the conclusion, legal support and analysis of legal consequences of every commercial contract concluded by the subjects of entrepreneurial activity, assistance in patenting, licensing and certification of activity of subjects of management, support in registering, restructuring and liquidating companies of all organizational forms. Practices offered to clients in the sphere of complex legal service for subjects of entrepreneurship are in demand among first rate domestic and foreign companies, in particular, the All-Ukrainian advertising coalition, Ulma opalubka Ukraina, Danfoss, etc. Ernest Gramatskiy, the firm’s president, has gained a reputation of being a key expert in the sphere of entrepreneurial law.

Corporate and commercial law practice is among Beiten Burkhardt’s core areas of expertise. The Kiev office’s significant achievements in this field testify to the firm’s reputation as one of the leading law firms in the CIS. Beiten Burkhardt focuses, inter alia, on advising clients in connection with M&A and the sale of companies. The firm’s teams have expertise in all conceivable forms of transactions, for example, public takeovers, bidding procedures, leveraged buy outs or management buyouts and buy-ins. Beiten Burkhardt represents companies and financial investors, including private equity and venture capital funds. Beiten Burkhardt’s corporate law practice group is made up of fifteen experts and is headed jointly by Bogdan Borovyk and Oleksandr Fefelov.

At the present time commercial law includes setting up companies and representative offices of foreign companies, their reorganization and liquidation. Experts at Jurvneshservice focus on drafting a wide range of commercial contracts. Such practice covers not only simple contracts, but also complicated ones like franchising agreements, investment contracts, aircraft leasing agreements, distribution and agency, insurance agreements. Anna Tsirat, Guennady Tsirat and Dmitry Salatiuk deal with commercial law in their everyday practice.

The commercial law practice of LEXFOR, a member of Baltic Law Offices, renders legal services in running business in Ukraine both for national and foreign companies as well as private investors. The firm’s professionals advise clients in various spheres of law, thereby providing a comprehensive service for clients. Vladislav Shapoval, partner, is highly acknowledged as a prominent specialist in this area.

The Salkom law firm continues to maintain its strong position among local practices. The department of corporate law headed by partner Yuriy Leonov, has extensive experience of advising large and mediumsized businesses in Ukraine and abroad. The services include incorporation and state registration of companies and their independent branches, reorganization, convening and administering meetings of shareholders, constructing models of corporate governance, company liquidation, due diligence, resolving corporate disputes, etc. Andrey Kubko, Katerina Sokurenko and Yuriy Dzera were all named prominent specialists in this area of law.

The Guaranty law firm named Nazar Bench among its experts on commercial law issues, He is an adviser to new foreign companies aggressively entering the Ukrainian market. In 2007 the company’s practice focused in the main on registration of companies, obtaining work permits for foreig ners, development of all types of contracts and participation in negotiations, customs clearance support, providing consultancy on taxes and internal and international money transactions, negotiations with state authorities on disputable issues, obtaining licenses/certificates.

The Inyurpolis law firm has been recommended for its experience in providing comprehensive support of two branch establishment of the activity of foreign corporations, the Ukraine shopping mall, CJSC Ukrstekloprom and CJSC Kerchenskiy glass works. Svetlana Krutogorova and Irina Selivanova were mentioned as being among the leading practitioners in this field. Partner Sergey Silchenko provides support in the purchase of goods, works and services at the expense of state funds.

The Ukrainian office of Deloitte & Touche is reported to successfully handle various legal matters with regard to commercial law, including legal due diligence procedures, drafting of contracts, including foreign trade contracts, corporate structuring and legal advice to multinational and Ukrainian food manufacturing and retail companies in connection with business structuring and cross-border investments. Vadim Voloschenko, Dmytro Pavlenko, Dmytro Gadomskiy and Yaroslav Ganzenko were all named commercial law experts in the office.

The Legal Alliance Company has been recommended for its consultancy in this area and preparation of claims. Senior partner Yuri Sharatov and lawyers Anastasiya Rakaeva and Oksana Komedova represent the firm’s commercial law practice.

The Economics and Law Consultants Union headed by Igor Godetskyi provided the full range of legal services, including registration of enterprises and support for their agricultural activity.

The attorneys of AstapovLawyers took part in the creation of LLC Evroetanol, LLC Arbat-Prestige Gradient. Oksana Kneychuk, associate lawyer, is the firm’s leading expert on commercial law

The commercial law practice of the Silecky Firm affiliated with Squire, Sanders & Dempsey LLP is handled by Peter Teluk, managing partner, Markian Silecky, director, and Dmytro Sakharuk, associate.

Chadbourne & Parke, Sayenko Kharenko, Magister & Partners and Salans were also named by their peers.