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As Russia’s full-scale invasion of Ukraine hit the one-year mark, we asked Ukrainian law firms how they adjusted to the new circumstances, how their mandates and teams have evolved, and about the support they received from their colleagues abroad throughout this period.

Since the outbreak of war in Ukraine, the world faces an ever-increasing number of restrictive measures and sanctions introduced in various jurisdictions. While the global sanctions landscape has been long established, it has developed rapidly after February 24, 2022.

2022 was a difficult year. To put a more positive spin on things, Rojs Peljhan Prelesnik & Partners Managing Partner Bojan Sporar, Deloitte Legal Senior Managing Associate Ened Topi, Redcliffe Partners Managing Partner Olexiy Soshenko, Drakopoulos Managing Partner Panagiotis Drakopoulos, and Polenak Partner Tatjana Shishkovska share what was, for them, the biggest positive surprise in 2022.

While Ukrainian law firms have to deal with issues ranging from power outages to effective work distribution, their intellectual property, tax, labor, and corporate law practices remain relatively busy, according to Baker McKenzie Managing Partner Serhiy Piontkovsky.

On 31 January 2023, the Resolution of the Cabinet of Ministers of Ukraine "Some issues with implementation of the provisions of the Law of Ukraine 'On Mobilization Training and Mobilisation'" No. 76 dated 27 January 2023 ("Resolution") came into effect. The Resolution approves a new procedure for reserving persons subject to military service, as well as criteria for determining companies that are critically important for the functioning of the economy and ensuring the livelihood of the population during a special period.

On 26 January 2023, the Resolution of the Cabinet of Ministers of Ukraine "On Amendments to the Procedure for Investigation and Recording of Accidents, Occupational Diseases and Industrial Accidents" No. 59, dated 20 January 2023, (the "Resolution") came into effect. The Resolution, among other things, establishes the procedure for the timely and thorough investigation of workplace accidents caused by the military aggression of the russian federation against Ukraine.

Ukraine’s approach towards the circulation of cannabis has traditionally been strict: the cannabis market in Ukraine is not legalized, and the circulation of both cannabis itself and cannabinoids is generally prohibited. Both the Criminal Code of Ukraine and the Code of Administrative Offences of Ukraine provide for liability for illegal sowing or cultivation, manufacture, acquisition, storage, transportation, or shipment of cannabis.

Considering the current state of affairs in CEE, market dynamics have shifted in terms of where investors are looking for safe investment opportunities, with some sectors seeing steadier capital flows and others struggling. Our experts chart the current hotspots and consider whether the markets are set to shift again.

CMS has advised a syndicate of banks led by ING Bank on the postponement of loan payments under the USD 450 million pre-export facility for Ukraine’s Kernel Group. Linklaters reportedly advised the Kernel Group. Allen & Overy reportedly advised Natixis, another lender.

The IT industry in Ukraine remains one of the key drivers of the Ukrainian economy even despite the market turmoil in the times of war. Alongside this, the constant development of technology and the need to honour obligations and commitments to implement EU law in terms of copyright and related rights requires certain amendments to the current Ukrainian legislation.

In the 25 January 2023 final decision in the case of Ukraine and the Netherlands v. russia, the Grand Chamber of the European Court of Human Rights (“ECHR”) declared the complaints partly admissibile. The Grand Chamber will now decide the case on the merits.

Following their appointment to Counsel in January 2023, former Senior Associate Inna Kostrytska will lead Integrites' Employment practice while former Senior Associate Kristina Shyposha heads the firm's Business Protection, Compliance, and Anti-Corruption practice.

Ukraine Knowledge Partner

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

 

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