Рубрика: Dispute Resolution (2015 year)
Legal representation became the main budgeting practice for many law firms this year. Although judicial reform is far from complete, lawyers note qual-itative changes in judicial practice due to legal conclusions by the Supreme Court of Ukraine on certain categories of cases. However, the unity of prac-tice or well-defined trend of its further development is out of the question in some disputes
“According to clause 56.21 of the Tax Code of Ukraine, in the event of the existence of a ‘conflict of interests’ of the taxpayer and the oversight body, a resolution should be adopted in favor of the taxpayer”, Valentyn Gvozdiy, Managing Partner with GOLAW, notes
“The new law on the prosecutor's office is hardly perfect, but the inherent ideas allow businesses to look to the future with optimism,” Olena Pertsova, the Head of Dispute Resolution practice of Pavlenko Legal Group, believes.
Last year was generous with rule-making events in the criminal sphere. Some novelties in criminal and criminal procedural law, both those implemented realized and the declared, make lawyers and business representatives particular concerned, while significantly heating up the degree of expert discussion and public tension
The rules of business now require that a company security system be properly organized, for nobody is immune from searches. Not only companies can, but also they should, get prepared for searches. The company security plan should definitely include regular internal and external audits, a credibility control of business partners and employees, a consistent strategy of dealing with law-enforcement and well-timed PR campaigns.
Businessmen should take care in advance to prevent deprivation of property ahead of timerecommends AVER LEХ partner Vitaliy Serdiuk
«In Ukraine more and more top law firms are opening a white collar defense practice» Kateryna Gupalo, Counsel at Arzinger Law Office says
Ukrainian companies are quite active in deciding their disputes in international arbitration courts. Today, there is great demand for Ukraine as a respond-ent in investment arbitration. This provides lots of work for legal advisers, including Ukrainian law firms. But due to the insufficient promotion of arbi-tration in our country, big business representatives prefer to turn to reputed foreign arbitration centers.
"Unless discriminatory approaches and the lack of transparency in the decision-making of the state authorities are eradicated, Ukraine may become a frequent respondent in investment arbitration", says Sergiy Gryshko, Partner at Redcliffe Partners.
“Few professionals can provide competent expertise that would be deemed by the courts of foreign jurisdictions” states Alexey Kot, Managing Partner of Antika Law Firm