17
Sun, Jan
91 New Articles

The PSA law, despite its comparatively rare usage, complies with the best industry practices and provides the parties with enough instruments to ensure, that the signed PSA will suit their needs. At the same time, the PSA industry receives less attention from the State and, therefore, is less successful in Ukraine, especially comparing to the recent concession reform, which drew an unprecedented amount of foreign investments into Ukrainian seaport infrastructure.

Sayenko Kharenko and Latham & Watkins have advised joint lead managers Credit Agricole, J.P. Morgan, and Natixis on the USD 300 million 7-year 6.75 percent Eurobond issue by Kernel. The issuance was coupled with a tender offer to the holders of Kernel’s existing USD 500 million 5-year 8.75 percent Eurobond due in 2022. Avellum advised Kernel on Ukrainian aspects of the issuance, with Linklaters reportedly advising on matters of English and US law, Arendt & Medernach on Luxembourg law, and Borel & Barbey on Swiss law. 

Sayenko Kharenko and Linklaters have advised joint bookrunners Deutsche Bank, Natixis, IMI Intesa Sanpaolo, and Raiffeisen Bank International on Metinvest's new USD 333 million Eurobond issue. Allen & Overy and Avellum advised Metinvest.

In August 2020 the new laws introducing amendments to trademark and patent legislation (the “New Laws”) came into force. These changes concern patent and trademark owners, and producers of pharmaceuticals in particular.

On 13 August 2020, the majority of provisions of Law of Ukraine “On State Regulation of Activities on Organising and Conducting Gambling Games” No. 768-IX (the “Law”) entered into force. The Law introduces regulation of the gambling market and sets requirements for its participants.

On 19 June 2020, the Verkhovna Rada of Ukraine adopted Law of Ukraine No. 738-IX “On Amendments to Certain Legislative Acts of Ukraine Regarding Liberalisation of Attracting of Investments and Introduction of New Financial Instruments” (“Law”). The Law implements the provisions of key European Union capital markets acts, including MiFID II, MiFIR, and CRD IV. The Law was officially promulgated on 15 August 2020 while the majority of its provisions will enter into force on 1 July 2021.

In recent years, international and local investors have been extremely active in the Ukrainian renewables sector – particularly in solar and wind projects – resulting in a significant amount of project finance and M&A activity in this sector.

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.

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.

Under the EU-Ukraine Association Agreement of June 27, 2014, Ukraine undertook to harmonize its legislation with EU law by 2023, including the regulatory framework for IP. Subsequently, in February 2020, the Parliament of Ukraine adopted a long-awaited set of draft IP protection laws (the “Draft Laws”), which are likely to have a significant impact on companies doing business in Ukraine, as well as on the measures which may be taken by businesses in connection with IP commercialization.

Avellum at a Glance

AVELLUM is a leading Ukrainian full service law firm with a key focus on Finance, Corporate, Dispute Resolution, Tax, and Antitrust.

Our aim is to be the firm of choice for large businesses and financial institutions in respect of their most important and challenging transactions.

We build lasting relationships with our clients and make them feel secure in new uncertain economic and legal realities.

We incorporate the most advanced Western legal techniques and practices into our work. By adding our first-hand knowledge, broad industry experience, and unparalleled level of service we deliver the best results to our clients in their business endeavours. Our partners are taking an active role in every transaction and ensure smooth teamwork.

AVELLUM is recognised as one of the leading law firms in Ukraine by various international and Ukrainian legal editions (Chambers, The Legal500, IFLR1000, The Ukrainian Law Firms, and others).

Firm's website: www.avellum.com