Avellum has advised the Managing Partners of the American University Kyiv on its launch in Ukraine.
Avellum Advises on Ukraine’s Consensual Deferral of External Debts
Avellum, working with White & Case, has advised the Ministry of Finance of Ukraine, National Power Company Ukrenergo, and the State Road Agency of Ukraine Ukravtodor on consent solicitations for extending external debts.
Avellum Advises Ministry of Finance of Ukraine on Loans Extended by Italy and Canada
Avellum has advised the Ministry of Finance of Ukraine on extending a EUR 200 million 15-year loan from the Italian Republic and a CAD 450 million 10-year loan from Canada. Sayenko Kharenko advised the Government of Canada.
Sayenko Kharenko and Avellum Advise on Restructuring of Ukraine’s Sovereign Debt
Avellum, working with White & Case, has advised the Ministry of Finance of Ukraine on the restructuring of Ukraine’s sovereign debt. Sayenko Kharenko, working with Latham & Watkins, advised JP Morgan in its role as solicitation agent. Weil Gotshal & Manges advised some of the GDP-warrant and bondholders.
Rules for Construction of Temporary Houses for Internally Displaced Persons
The Laws of Ukraine "On Amendments to Certain Laws of Ukraine Regarding Priority Reform Measures in the Field of Town-Planning” No. 2254-IX, dated 12 May 2022 (“Law 2254”) and "On Amendments to Certain Legislative Acts of Ukraine Regarding Regulatory Peculiarities of Land Relations under Martial Law” No. 2247-IX, dated 12 May 2022 (“Law 2247”, hereinafter together with Law 2254 – “Laws”) came into force more than a month ago.
ESG Talks: M&A Trends and the Future of Due Diligence – A CEE Legal Matters Round Table
On July 7, four leading lawyers from Austria, the Czech Republic, Hungary, and Ukraine sat down for a virtual round table moderated by CEE Legal Matters Managing Editor Radu Cotarcea to discuss the increasing prominence of ESG issues and their impact on M&A transactions, due diligence procedures, and the role of the lawyers themselves.
Labour Relations During Martial Law
On 15 March 2022, the Parliament of Ukraine passed Law of Ukraine “On Organisation of Labour Relations under the Martial Law” No. 2136-IX, dated 1 July 2022 (“Law 2136”). Law 2136 was intended to define the aspects of labour relations during martial law.
Avellum Advises on Sale of Pep Group to Locaria
Avellum has advised the seller on the sale of the Pep Group to Locaria. Lexence reportedly advised the buyer.
Wartime Tax Relief Restricted
On 27 May 2022, Law of Ukraine “On Amendments to the Tax Code of Ukraine and Other Laws of Ukraine Regarding the Peculiarities of Tax Administration of Taxes, Fees and Unified Social Contribution During Martial Law and the State of Emergency” No. 2260-IX, dated 12 May 2022 (the “Law”), entered into force. The Law introduced several changes to the taxpayers’ rights and obligations during martial law.
Ukraine: The Prospects of Road PPP Projects
On February 15, 2022, the Ukrainian Parliament adopted draft Law No. 5090 on Amendments to the Budget Code of Ukraine on the Regulation of Budgetary Relations in the Implementation of Contracts Concluded within the Framework of Public-Private Partnerships, Including Concession Contracts (Law 5090). The law is vital for the functioning of public-private partnerships (PPP) in the road and highway reconstruction sector since it enables public partners to provide guarantees of fulfillment of their long-term obligations under relevant PPP projects.
Supreme Court’s Judgement Confirms That Claims for Compensation of Damages (Tort Claims) May Be Filed Against the Russian Federation
On 14 April 2022, the Civil Cassation Court of the Supreme Court issued its judgement in case No. 308/9708/19 (“Judgement”). The Judgement establishes that national courts have jurisdiction over claims for compensation of damage caused to individuals by military actions of the Russian Federation.
Avellum Advises the Ministry of Finance of Ukraine on Sovereign Loan from Canada
Avellum has advised the Ministry of Finance of Ukraine on a CAD 500 million 10-year loan from Canada. Sayenko Kharenko and Borden Ladner Gervais reportedly advised the lender.
Ukraine: Notarial and Registration Legislation Updated
On 28 April 2022, Resolution of the Government of Ukraine “On Amendments to Certain Resolutions of the Government of Ukraine on Notaries’ Activity and Functioning of Unified and State Registers Held by the Ministry of Justice, during Martial Law” No. 480-2022-p, dated 19 April 2022 (“Resolution”), entered into force, amending several previously adopted resolutions (as described in the Legal Alert, dated 29 March 2022).
Increased Tax Rates for Ukrainian Businesses Related to Russia
Ukrainian Parliament currently considers bill No 7232 that increases tax rates for Ukrainian businesses related to Russia (the “Measure”). The aim of the bill is to discourage corporations from Russian business activities. If successful, it should decrease Russian fiscal revenue, which will leave Russia with less funds available for warfare. There is, obviously, a huge social request and support for such measures. However, actual effect of the bill is far not that definitive.
Avellum Advises Kernel on USD 210 Million Sale of Farmland
Avellum has advised Kernel Holding on the sale of several of its farming entities to a company controlled by Andrii Verevskyi.
Exploring The Decrease in the Number of Ranked Firms in Ukraine
According to the CEE Legal Matters CEE By The Numbers report, between 2019 and 2021, Ukraine saw a large decrease in the number of ranked law firms and lawyers at ranked firms. While in 2019 the number of Ukrainian law firms ranked by Chambers & Partners and Legal 500 was 95, in 2021 the same number decreased to 69. Similarly, the number of ranked-firm lawyers decreased from 1,579 in 2019 to 1,338 in 2021. The decreasing trend is particularly visible in comparison to other CEE countries.
Diia City in a Nutshell
In 2021, the President of Ukraine had signed two laws establishing a special legal and tax regime for the digital economy called Diia City. It has become effective from January 1, 2022, after the law shaping the taxation regime of Diia City has become effective.
Sayenko Kharenko Advises French Development Agency on EUR 300 Million Credit To Support Ukraine
Sayenko Kharenko has advised the French Development Agency on a EUR 300 million credit facility agreement to service Ukraine's financial, economic, and humanitarian needs.