TOP-10 QUESTIONS ON MERGER CONTROL IN UKRAINE
Which transactions require merger clearance? If the transaction constitutes “concentration” under Ukrainian law, merger clearance may be required. The definition of “concentration” includes different types of transactions: (1) merger or acquisition; (2) acquisition of control (direct or indirect); (3) joint ventures. However, not every concentration requires merger clearance. Only concentrations exceeding financial thresholds are notifiable.
Force Majeure vs Hardship under Ukrainian Law
In today’s unpredictable world, businesses often face circumstances that disrupt contractual performance. Whether it’s war, sanctions, pandemic, or skyrocketing costs, many turn to legal safety nets such as force majeure and hardship to mitigate the consequences. Yet, in Ukraine, commercial actors often conflate the two doctrines, leading to uncertainty and practical difficulties in their application. …
Continue reading “Force Majeure vs Hardship under Ukrainian Law”
Government contracts in Ukraine. How not to get into trap
The public procurement market in Ukraine has been rapidly developing despite the ongoing war and is expected to experience even greater growth in the post-war period. This opens up attractive business opportunities for foreign companies, yet it also requires a solid understanding of the specific regulatory framework governing government contracts in Ukraine.
Investment Protection in Ukraine During Wartime: BITs, ICSID and Local Remedies
Investment disputes in Ukraine increasingly arise because of wartime measures and regulatory interference – including cases where losses occurred through Russia’s military aggression, occupation of territories, destruction of infrastructure, seizure of assets, and extensive sanctions regimes. These circumstances have fundamentally reshaped how foreign investors seek protection and when they require legal representation.
Protecting foreign businesses from illegal actions by state bodies and enterprises under martial law: challenges and legal instruments
The introduction of martial law in Ukraine in February 2022 has created a difficult legal and operational environment for the activities of not only domestic but also foreign companies in Ukraine. The actions of state bodies and enterprises, dictated by the specifics of martial law, sometimes create significant challenges for the stability of foreign business. …
Legal risks and peculiarities of investing in property near water bodies
Despite the attractiveness of being located near water, water fund land has a special legal status, which significantly affects the possibility of using it for investment. These lands are mostly in state and municipal ownership, cannot be privatised and have strict restrictions on their use, including development. Investing in property located near water bodies may …
Continue reading “Legal risks and peculiarities of investing in property near water bodies”
M.S.L. v. Ukraine case: did the ECtHR break a new ground on Ukraine`s NSDC sanctions?
On 16 October 2025, the European Court of Human Rights delivered its judgment in the case of M.S.L. LLC v. Ukraine. The case concerned one of the first sanction packages introduced by a Presidential Decree back in 2015 under the recently enacted Law of Ukraine «On Sanctions». Citing threats to national security, the Ukrainian applicant …
GOVERNMENT EASES IMPORT RULES FOR EQUIPMENT IN LARGE-SCALE INVESTMENT PROJECTS: WHAT HAS CHANGED AND HOW IT WILL WORK
On 9 September 2025, the Government approved amendments to the Procedure for importing new equipment (machinery) and components into the customs territory of Ukraine and their targeted use, which are imported by an investor with significant investments exclusively for their own use in the implementation of an investment project with significant investments in accordance with …
A law has been adopted that allows booking men who are not registered or are wanted by the TCR
On October 9, the deputies adopted a law that provides for the possibility of booking men liable for military service who are not registered or are wanted by the TCR (draft law No. 13335).
Beneficial owner of income for applying benefits under DTTs: the Ukrainian approach
International double taxation treaties (“DTTs”) often provide that income of non-residents from Ukraine in the form of dividends, interest or royalties, can be subject to preferential tax rates. However, these benefits are not automatically applicable – certain requirements must be complied with to activate them.