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Ideas of the IX Western Ukrainian Law Forum in Lviv

2019-03-28

LVIV - March 28, 2019. The UBA held its largest regional event Western Ukrainian Legal Forum, which traditionally gathers leaders of the legal market!

The first day of the forum was devoted to discussion of two key topics: overcoming the gap between legal education and practical work of the lawyer and the investment climate of the country's legal market.

The Ukrainian Bar Association expresses its gratitude to the general partners of the event Vasil, Kisil & Partners and AXELO, partners AverLex, Ario Law Firm, Esquries, KPLT, and a creative partner Matviyiv & Partners. Special thanks to the EU Pravo-Justice project for assistance.

The opening ceremony attended members of the Board of the Ukrainian Bar Association Artem Stoyanov and Andriy Romanchuk, as well as Roksolana Kostur, Head of the UBA Branch in Lviv Oblast.

Participants had the opportunity to hear about the current needs and a landmark for the changes in legal education during the first session, moderated by Maksym Sheverdin, chair of the Legal Education Improvement Commission, managing partner of Sheverdin & Partners.

Ivan Shemelinets, Head of the Legal Education Expert Group at the Directorate for Human Rights, Access to Justice and Legal Awareness, presented the content of the Concept of Legal Education Reform.

Ivan Gorodysky, Director of the School of Law of the Ukrainian Catholic University emphasized that the legal market has recently become "younger" and expressed his opinion on this Concept. He said that some of the project's points are too complicated, but also highlighted many positive points. The field of science, according to his opinion, should not be included in the Concept of Legal Education, since this is a completely different difficult process, touching which one can destroy everything.

Taras Bachinsky, partner of "Bachinsky and partners", unveiled a sociological study. A survey of students, graduates of universities and practicing lawyers on private and online law courses was conducted. It turned out that students and law graduates need more knowledge of legal English and IT law. In particular, practitioners indicated that they would like to study in detail the court practice and corporate law course. In addition, Taras considered the analytical research of the Ministry of Justice for 2018 on the level of knowledge of candidates for legal sciences meets the requirements of the organization,

In turn, Artem Shapov, USAID Legal Advisor, New Justice Project, commented on the results of national polls of lawyers in 2018.

The investment climate and current practices in resolving international commercial disputes lawyers discussed during the second session. Moderator was Serhiy Matviyiv, managing partner of Matviyiv & Partners JSC.

Markian Malskyy, partner and head of West Ukrainian Branch of Arzinger, Honorary Consul of the Austrian Republic in Lviv, reviewed recent legislative changes that promote investment attractiveness and development of foreign business.

According to him, expedient changes relate to currency control, among innovations: an increase of twice the deadline for the settlement of export-import contracts - up to 365 days; an increase in the limit on foreign currency transfers abroad without opening an account for individuals - from 15 to 150 thousand UAH/year; unification of the transfer of currency values ​​across the border (for legal entities and individuals).

Tetyana Korotka, deputy business ombudsman, shared the observations of the Ombudsman's Council in the context of resolving international commercial disputes.

Igor Markevych, partner of Amigo Partners, claimed that he knows how to attract an investor to Ukraine who have not even heard a thing about Ukraine: "We conducted a brief survey among our clients and found out why they chose Ukraine. It turned out that this is our legal regulation, the principle of "UP OR OUT" (in other words - in our country there are free niches) and the presence of good personnel."

Dariusz Dohagalski, Managing Partner of AXELO, assured that Poland as an investment market and a "window" for Ukrainian companies on the EU market.

Natalia Yakibchuk, a partner at KPLT, spoke about investing Ukrainians from / abroad: KIC, BEPS. In turn, Maxim Zhukov, attorney at SBH Law Offices, considered Prague rules or rules for the effective organization of the process in international arbitration.

Andriy Kosilo, associate professor, managing partner of Kosylo & Partners, described the possibilities of involvement of Ukrainian lawyers in international commercial disputes in courts of general jurisdiction of Poland.

The first day of the forum closed Anna Adamska-Gallant, the chief international expert of the EU PRAVO-Justice Project, who spoke about the peculiarities of competition to the Supreme Court.

The second day of the event opened Denys Bugay, member of the Board of the Ukrainian Bar Association, Roksolana Kostur, Head of the UBA Branch in Lviv Oblast, Sergiy Prilipko, Member of the High Qualification Commission of Judges and Volodymyr Lisnyy, partner of the Ukrainian office of AXELO.

Serhiy Prylypko, spoke about the results of the work of the Commision and plans for the future: "Two competitions were held to the Supreme Court in 2016, and a competition for 80 vacant positions of judges was recently announced. In the near future, the competition will be announced to Appeal Courts as we critically lack people. There are a lot of plans, so we have something to strive for."

The first session of the second day was devoted to the procedural codes, and moderated by Roksolana Kostur and Dovydas Vitkauskas, the head of the EU-PRAVO-Justice project.

Oleg Kachmar, partner at Vasil Kisil & Partners, spoke on allegedly unfounded redundancies and reimbursement of legal expenses from the point of view of a judge and a lawyer. Andriy Kravchuk, senior associate at ESQUIRES, tpuched upon the issue of confirming the lawyer's representation in court. Roman Chumak, managing partner of Ares, spoke on the discretionary powers of the court in administrative jurisdiction. In turn, Viktoriya Buchkivska, a judge of the Stryi Municipal Court of Lviv Oblast, examined the admissibility of evidence as one of the guarantees of a fair trial in accordance with Article 6 of the European Convention on Human Rights.

The EU PRAVO-Justice project has recently created six regional Judicial Reform Councils in several cities throughout Ukraine. The Project invited colleagues to a survey on the implementation of new Civil and Commercial Procedural Codes, the results of which were publicized by Dovydas Viskauskas.

Iryna Kepych, associate at JSC Kolarez, made a coffee break with a report on collective actions in Ukraine and the world. According to the speaker, the main features of a group suit are a lawsuit on the protection of a large group of individuals who share the same legal situation, and when the plaintiffs find themselves in the same situation.

The new developments in bankruptcy law were considered during the second session, moderated by Serhiy Boyarchukov, managing partner at "Alekseev, Boyarchukov and Partners".

Ruslan Sydorovych, people's deputy of Ukraine, Julian Khorunzhy, partner of Ario Law Firm, Yuri Kolos, advisor to Vasil Kisil & Partners, Natalia Tyshchenko, managing partner of Nobili and Roman Shargalo, arbitration manager, advisor to JSC "Krolevetsky & Partners".

Stanislav Kutsenko, Chief of the Main Regional Office of Justice in Kyiv, presented  a special report to the participants of the forum, and spoke about online law services in the field of registration as an important investment attraction tool.

Volodymyr Kravchuk, chair of the Association for the Development of Judicial Self-Government, a judge of the Cassation Administrative Court in the Supreme Court, moderated a session devoted to corporate disputes.

Mykola Maksimov, attorney, head of corporate practice at RIYAKO & PARTNERS, touched upon the latest trends in court practice in the field of invalidation and termination of contracts of sale of corporate rights.

Olena Rym, associate professor of the Department of Social Law, Lviv National University after Ivan Franko, told about the balance of labour and corporate law in relations with the heads of business associations. Bohdan Kruk, acting member of the European Corporate Governance Institute (Brussels), managing partner of Corporate Advocacy, talked about the mechanism of "squeeze-out", which involves the mandatory sale of shares by minority shareholders at the request of the majority.  

The final session addressed practical aspects of winning cases, moderated by Volodymyr Rudnychenko, counsel at Integrites.

Artem Drozdov, Partner at AVER LEX, spoke about methods for extracting information from mobile devices, usage safety and peculiarities of forensic examinations.

Evhen Grushovets, partner at Ario Law Firm, shared with the participants his thoughts on extradition. In conclusion, Valeriya Kolomiets, raised a topic of interaction of parties in the court proceedings.