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CMS

19B INSTYTUTSKA ST., 01021 KIEV, UKRAINE
Tel:
Work +380 44 500 1718
Fax:
Fax +380 44 500 1716
Web:
cms.law
Aberdeen, Algiers, Amsterdam, Antwerp, Barcelona, Beijing and 70 more

Olexander Martinenko

Tel:
Work +38044 391 3377
Email:
CMS

Work Department

Competition/Antitrust, Commercial/Coprporate, Tax, Intellectual Property, Labour, Technology Media & Communications, Energy & Projects

Position

Senior Partner, Head of Commercial, Regulatory and Dispute Resolution, CMS Cameron McKenna (Kyiv)

Career

Olexander Martinenko is Senior Partner of, and Head of the Commercial, Regulatory and Disputes Practice Group at CMS Cameron McKenna, Kyiv.

His experience includes advising multi-national and local companies, institutions and organisations on their business activities in Ukraine for almost three decades. Olexander is a highly acclaimed and recommended expert in competition, corporate and commercial law, as well as mergers and acquisitions, and a number of sector practices.

Olexander has over 25 years’ experience in representing clients in the Ukrainian systems of general and commercial courts, up to and including the level of the Supreme Court of Ukraine and over 20 years of experience representing clients in international commercial and / or investment arbitration proceedings, both within and outside Ukraine (he was involved in more than a dozen international commercial and / or investment arbitration proceedings). He is on lists of recommended arbitrators with International Arbitral Centre of the Austrian Federal Economic Chamber, Singapore International Arbitration Centre, Hong Kong International Arbitration Centre and South China International Economic, Trade Arbitration Commission/Shenzhen Court of International Arbitration, Kuala Lumpur Regional Centre for Arbitration, and International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry.

Olexander frequently acts as an expert on matters of Ukrainian law in international commercial and investment arbitration proceedings, and foreign dispute resolution proceedings, submitting Ukrainian expert witness reports, legal opinions and affidavits.

As a top-ranked competition professional, Olexander acted for many large companies needing advice on how to deal with domestic and cross-border competition law matters in Ukraine including merger control, concerted actions, misuse of dominant position, unfair competition and state support ones. Additionally, being an active member of the Public Council of the Anti-Monopoly Committee of Ukraine (as a delegate of the American Chamber of Commerce in Ukraine) he regularly takes part in various projects aimed at improving the national competition legislation.

Olexander was recognised as a leading lawyer for Corporate/M&A and Antitrust/Competition by Chambers Europe 2008-2016, as well as recommended in Dispute Resolution by The Legal 500, 2013-2016.

Languages

Ukrainian, English, Russian, French

Education

1996 - Law, Intellectual Property Law, Kyiv Institute of Industrial Property, Kyiv

1994 - LLM, Harvard University, USA


Ukraine

Commercial, corporate and M&A

Within: Commercial, corporate and M&A

CMS’ practice is ‘one of the leaders in the market’. Maria Orlyk, Graham Conlon, Olexander Martinenko and ‘extraordinary’ rising star Tetyana Dovgan are key names. Mane Group is a client.

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Dispute resolution

Within: Leading individuals

Olexander Martinenko - CMS

Within: Dispute resolution

CMS handles complex banking and finance disputes and international arbitration. Olexander Martinenko, Anna Pogrebna and Maria Orlyk are the key contacts. The team represented JKX Oil & Gas in a high-value dispute concerning gas market restrictions.

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Energy

Within: Energy

Practice heads Vitaliy Radchenko and Olexander Martinenko at CMS are highly experienced in corporate and regulatory matters in the energy sector. Radchenko advised Slovak oil company Nafta on a joint venture with Cub Energy.

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Intellectual property

Within: Intellectual property

CMS has a strong practice for IP rights management and disputes. Maria Orlyk handled patent infringement matters for a leading crop science company. Olexander Martinenko is also recommended.

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Tax

Within: Tax

At CMS, practice head Anna Pogrebna, who is ‘experienced and insightful’, assisted Mane Group with a withholding tax matter. Olexander Martinenko is also recommended.

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Legal Developments by:
CMS

  • Access to justice: protective costs orders in planning challenges

    Third parties and competing developers have no rights of appeal to the Secretary of State against planning decisions. Disappointed applicants can appeal to the Secretary of State and can have the merits of the application reconsidered. The only remedy available to a disappointed third party is a challenge by way of judicial review in the High Court on a point of law. The sense of frustration and disempowerment this creates has not been helped by the increasing complexity of the planning process and the use of consultation to legitimise decisions that many perceive may already have been taken.
    - CMS Group

Legal Developments in Ukraine

Legal Developments and updates from the leading lawyers in each jurisdiction. To contribute, send an email request to
  • Employing Foreign Specialists in Ukraine – Rules of the Game Have Been Simplified?

    Following the strategy of the Government to improve the doing business climate in Ukraine, Parliament adopted the Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine Concerning Elimination of Barriers for Foreign Investments Attraction” dated May 23, 2017 (hereinafter – “the Law”), which came into force on September 27, 2017.  The Law with such an expressive name should have definitely removed the barriers for employment of foreigners, but what have we actually received? Putting the cart before the horse, the Law really significantly changed the procedure of obtaining work permits (hereinafter – “the Permit”) facilitating it essentially from the one hand, but introducing some questionable conditions from the other.
    - GOLAW
  • New Law on LLCs in Ukraine

    The Law of Ukraine On the Limited Liability Companies and Additional Liability Companies passed on 6 February 2018 shall come into force on 17 June 2018. The Law is a positive sign for doing business in Ukraine as it introduces significant changes and innovations in the legal regulation of the establishment and activities of limited liability companies, which are the most numerous and the most popular form of entrepreneurial activity in Ukraine (second only to individual entrepreneurs).
  • The Code of bankruptcy procedure in Ukraine: positives and negatives of the new document

    The Verkhovna Rada registered a draft law on the Code of Bankruptcy Procedure (No. 8060). Among other things, it is noted that such a document will increase the efficiency of bankruptcy procedures, the level of protection of the rights of creditors, improve the procedures for selling debtor property at the auction, increase the level of execution of contracts and court decisions. However, does the text of the document correspond to the stated purpose? 
    - GOLAW
  • CHANGES TO PPA: TO MAKE FINANCIAERS HAPPY

    Over the last few months before January 2018, when the latest changes to the power purchase agreements (PPAs) between State Enterprise “Energorynok” and producers of energy from alternative sources were adopted, more than ten agreements were signed with upgraded conditions set earlier in 2017. In the mentioned agreements, the changes to the PPAs were applied and helped bring Ukraine’s PPAs closer to international standards. Nevertheless, the revised PPAs still have a lot of issues that need to be clarified and further elaborated to make them perfectly bankable, and to make them properly executable.
    - GOLAW
  • Antitrust Compliance Program in Ukraine: Current Status and Development Prospect

    Mykola Stetsenko, Managing Partner, AVELLUM
  • Recent Legal Developments in Renewable Energy Sector

    Glib Bondar, Partner, AVELLUM
  • A Remarkable Year of Restructuring. What Next?

    What happened in 2015 in the world of Ukrainian corporate finance was a reflection of larger scale events in and around Ukraine. In this article, we will share our view of the key events in 2015 in the area of cor-porate finance, highlight the most important legislative and regulatory developments in finance and, based on our experience, make a few suggestions for creditors and debtors on how to navigate through 2016.
  • Enforcement in Ukraine of Interim Orders Issued by Foreign Courts and Arbitral Tribunals

    In the past few years Ukrainian clients have developed an appetite for solving their disputes abroad. Litigation and arbitration sagas involving Ukrainian parties or related to Ukrainian assets often spread across many jurisdictions. In many such sagas various interim reliefs were granted by courts and tribunals.
  • Applicable law in contractual disputes: recent arbitration practice

    AstapovLawyers Partner Eugene Blinov & the firm's Associate Roman Protsyshyn share their recent arbitration practice regarding applicable law in contractual disputes.
  • Disputes arising from finance arrangements: post-crisis phenomenon in Ukraine – read more!

    The 2008 financial crisis peak had hardly faded away, when another breaking news was brought to the surface in CIS countries: a significant part of the funds advanced during the pre-crisis period by banks and other financial institutions to support various businesses and commercial initiatives, flew beyond national frontiers to be found in Panama, BVI, Seychelles, Jersey, Cyprus and other offshore and onshore jurisdictions in the pockets of numerous private persons, mostly CIS nationals. No surprise this fact led to a tsunami of disputes, one way or the other related to repayment of loans and funds advanced under other types of finance arrangements. Many of those disputes are still pending, thus, keeping finance arrangements among the top-litigated issues within CIS borders.