On 21 July 2021, Law of Ukraine “On Amendments to Tax Code of Ukraine and Other Laws of Ukraine on Stimulating De-Shadowing of Income and Improving Tax Culture of Citizens by Introducing One-Time (Special) Voluntary Disclosure by Individuals of Their Assets and Payment to Budget of One-Time Duty” No. 1539-IX, dated 15 June 2021 (“Tax Amnesty Law”), entered into force.

On 2 July 2021, Law of Ukraine “On Amending the Tax Code of Ukraine on Abolition of Taxation of Income Received by Non-Residents in the Form of Payment for Production and/or Distribution of Advertisements and Improvement of Value-Added Taxation of Transactions Involving the Supply of Electronic Services by Non-Residents to Individuals” No. 1525-ІХ (the “Law”) entered into force. The Law introduces VAT on digital services supplied by non-residents to Ukrainian individual customers and abolishes 20% withholding tax on advertising services.

Avellum has advised State Road Agency of Ukraine Ukravtodor on a debut USD 700 million issuance of 6.25% guaranteed notes due 2028 with a benefit of the sovereign guarantee as well as the Ministry of Finance of Ukraine on the actual sovereign guarantee. Sayenko Kharenko and Linklaters advised managers J.P. Morgan, Dragon Capital, and Ukreximbank.

Avellum has advised Interpipe Holdings on a USD 300 million issue of 8.375% guaranteed notes due 2026. Sayenko Kharenko advised the joint lead managers and bookrunners on the deal.

Avellum has advised Concorde Capital on its sale of a 72% stake in Zeleny Park LLC to an unidentified buyer.

The long-awaited Law of Ukraine “On amendments to the Land Code of Ukraine and other legislative acts to improve the governance of land relations and their deregulation” No. 1423-IX (“Law”) entered into force (save for certain provisions).

Avellum has acted as Ukrainian counsel to Diligent Capital Partners on the joint acquisition with the FMO bank of a minority stake in Ukrainian feed producer Edinstvo Group. The OMP law firm reportedly advised the seller.

Latham & Watkins has advised DTEK Energy on the restructuring of over USD 2 billion of its bank and bond indebtedness pursuant to two inter-conditional schemes of arrangement. Hogan Lovells and Asters advised an unidentified group of ad hoc lenders on the matter.

Latham & Watkins has advised joint lead managers and bookrunners BNP Paribas, Deutsche Bank, Goldman Sachs, and JP Morgan on Ukraine’s USD 1.25 billion notes issuance.

Lately, one of the key messages of the government to the public, and especially the investors, has been that Ukraine should be the next manufacturing and logistics hub. However, this idea is always followed by another recurrent note — Ukrainian infrastructure is in bad shape and desperately needs renovation.

Recently, the Ukrainian Government has approved a draft law aimed at addressing the issue of non-formalised employment (the “Draft Law”).

On 28 March 2021 the package of tax benefit laws for major investment projects (“Projects”) entered into force. 

Avellum has acted as Ukrainian legal counsel to the EBRD in connection with an up-to EUR 50 million loan to Communal Enterprise “Kyivskiy Metropolitan” that was guaranteed by the Kyiv City Council. Aequo advised the borrowers on the deal.

Sayenko Kharenko had advised Horizon Capital on the sale by its Emerging Europe Growth Fund III, LP of a minority stake in Dobrobut to the company's existing shareholders: Dobrobut Managing Shareholder and CEO Oleg Kalashnikov, and Concorde Capital. Avellum advised the shareholders on the deal.

On December 15, 2020 CEELM gathered legal experts from across the region for its annual Year-in-Review Round Table conversation. In a wide-ranging discussion, participants shared opinions and perspectives on their markets, on strong (and less-strong) practices across the region, and the effect of the COVID-19 crisis on both, as well as on how technology is changing the legal industry, and what the industry will look like in 2021.

Avellum has successfully defended the interests of PJSC A/T B.A.T.-Prilucky Tobacco Company — the Ukrainian subsidiary of British American Tobacco — in a dispute against the Antimonopoly Committee of Ukraine. The case was brought before the Northern Commercial Court of Appeal in Kyiv.

Avellum has helped Ukrainian supermarket chain Furshet obtain merger control clearance from the Antimonopoly Committee of Ukraine for the acquisition by the Fozzy Group of control over Furshet’s retail assets.

At the beginning of 2021, the Government of Ukraine published its decision No. 1581-p, dated 16 December 2020, on approval of the list of 102 investment projects prioritised by the State for 2021 – 2023 in such fields as culture and tourism, industry and manufacturing, energy, healthcare, transport, and sports. 76 out of 102 projects may be financed by investors, 47 of which – using a public-private partnership, including the concession framework.