News (#04 April 2016)

UBA news

UBA International Law Committee

The meeting of the Ukrainian Bar Association International Law Committee was held on 29 February 2016 in Kiev. This time the participants gathered together to discuss the prospects of Ukraine and its citizens in international disputes with the Russian Federation. The fact of violation by the Russian Federation of a number of international agreements in 2014 is obvious. Successful dispute resolution with the Russian Federation depends on the choice of the appropriate court, its jurisdiction and the arguments that justify the legal position of a party.

To start with, Yuri Kushnir, head of the UBA International Law Committee, senior partner of Kushnir, Yakymyak & Partners, paid the audience attention to liability for contempt of law. Ukraine will be held responsibility for violations of international law on Donbass and the Crimea until the time when it proves the responsibility of the Russian Federation. Thus, for our country it is highly important to fix the status of Donbass and Crimea. The Parliament of Ukraine has assigned the status of occupation in official documents. From his side, deputy Minister of Justice of Ukraine for European Integration, Sergiy Petukhov, noted that most treaties between Ukraine and the Russian Federation try to avoid the procedure of appealing to international courts. While, Andriy Pasichnyk, councellor of the Directorate General for International Law of the Ministry of Foreign Affairs, offered to pay attention to jurisdiction in American courts. In this situation Ukraine has to find an American investor or citizen whose rights have been violated by the occupation of the Crimean territory and appeal to the court on the side of a petitioner.

UBA Committee on Enforcement Law

On 25 March the UBA Committee on Enforcement Law together with the members of Disciplinary Commission organized a round table devoted to the monitoring of the activity of the Disciplinary Commission of arbitration insolvency practitioners in the new structure. Yuriy Moiseev, the secretary of the Disciplinary Commission, highlighted general mistakes made by the insolvency practitioners. He pointed out that the professional insolvency practitioner should be a good lawyer as well as an excellent economist at the same time. Anatolii Viazovchenko, chairman of the National Trade Union of Arbitration Practitioners of Ukraine, appraised the work of Disciplinary Commission as a good one and added that auditors sometimes have less experience than the subjects of the audit. Sergey Donkov, member of the Disciplinary Commission, shared the opinion that a lot of practitioners pay less attention to their advocacy practice.  Evgen Lakhnenko, president of System Solutions, spoke about the regional divisions of the Ministry of Justice and advised to pay closer attention to their work. In her turn, Irina Serbin, head of the UBA Committee on Enforcement Law, partner of Ario Law Firm, proposed the main steps on reforming the activity of the Disciplinary commission.   

 

Subscribe
The Ukrainian Journal of Business Law

Subscribe to The Ukrainian Journal of Business Law right now and enjoy the most relevant issues on doing business in Ukraine on your device or in print.

All this for just USD 9.99 a month.

 

Subscribe now