Legal Framework for Foreign Investment in Ukraine: Key Insights for Investors Before Market Entry
Oleksandr Fefelov, Partner, Head of Antitrust and Competition Practice at Ilyashev & Partners Alina Borovets, Attorney at Ilyashev & Partners Ukraine’s legal environment for foreign investment is characterized by two distinct features. As a whole, Ukrainian legislation maintains a broad openness to foreign capital, protects investor rights, and offers basic mechanisms for the establishment of …
Operating in Ukraine’s Defence Industry: Legal Risks, Criminal Exposure and Risk Management for Businesses During Wartime
Yana Trynova, Attorney at Law, Dr. iur., Professor, Ilyashev & Partners Law Firm The full-scale war has fundamentally reshaped the role of Ukraine’s defence industry. Once a closed and predominantly state-controlled sector, it has evolved into one of the most dynamic areas of the economy, actively attracting private businesses and foreign investment.
Interim measures in support of arbitration in Ukraine
When arbitration begins, the claimant often seeks interim measures to ensure that the respondent retains sufficient assets or is prevented from taking certain actions in order to satisfy a potential award and make its enforcement efficient. This article outlines key “good-to-know” points and practical considerations relating to interim measures in support of arbitration in Ukraine.
Ukraine’s Anti-Dumping Enforcement in Wartime: Trade Defence Practice, Key Cases and Strategic Implications
Olena Omelchenko, Partner at Ilyashev & Partners, Head of International Trade Practice, PhD in Law Anti-dumping investigations have become one of Ukraine’s key trade defence instruments, particularly since 2014 and following the full-scale war in 2022. Against the backdrop of disrupted supply chains and heightened economic security challenges, this mechanism provides effective protection for domestic …
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. …
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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 …
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