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.

Everlegal has successfully represented the interests of the Louis Dreyfus Company Ukraine in a dispute with a supplier over the collection of a fine amounting to 30% of the value of unfulfilled agricultural product orders. 

Asters has successfully represented the interests of PrivatBank before the Supreme Court of Ukraine, securing a final ruling on the bank's ownership following its 2016 nationalization. 

On 11 December 2022, the Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine on Preventing and Counteracting Mobbing (Harassment)” (the “Mobbing Law”) became effective.

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.

Sayenko Kharenko has advised the EBRD on its EUR 25 million loan to the city of Lviv under the EBRD’s Resilience and Livelihoods Framework.

Sayenko Kharenko has advised Goldman Sachs Asset Management on the acquisition of digital consultancy Cprime.

Sayenko Kharenko has successfully represented seller MHP Food Trading in arbitration proceedings under FOSFA Rules of Arbitration and Appeal against a buyer based in Hong Kong.

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.

Integrites has signed a pro bono collaboration agreement with the Ministry of Veterans’ Affairs of Ukraine and the Affordable Housing Institute aimed at developing housing for war veterans and their families.

Contributed by Arzinger.