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Генеральный партнер 2019 года

Издательство ЮРИДИЧЕСКАЯ ПРАКТИКА

UJBL №7-8 от 19.08.2019

Тема номера: Agribusiness

News

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Draft

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Law digest

In Re

Legal Regulation of Foreign Investment in Ukraine’s Agricultural Sector

Today, the Ukrainian agrarian sector is an object of interest of foreign investors, as Ukraine is the biggest country in Europe with lots of very fertile land. Investments coming into the agrarian sector have certain differences from other types of investments. Agriculture is dependent on many natural factors, is clearly cyclical and does not develop as quickly as the industry and service sectors.

Prospects for the Agricultural Land Market in Ukraine

Today, the phrase “Buy land, they’re not making it anymore” remains relevant. This quote from Mark Twain has been proving its relevance for Ukraine of the XXI century for a long time despite the fact that a moratorium on the sale of agricultural land has been in place in our country since 2001. This moratorium was introduced only as a temporary measure, but it has been repeatedly prolonged under the guise of protection of national interests.

Agricultural Concentration — How to Stay on the Safe Side

The annual report of the Antimonopoly Committee of Ukraine (AMCU or Committee) noted that most concentrations for the last year were carried out in agricultural markets. 23.8% of the total number of permits to concentration were granted to transactions in agriculture1. These include the sale of Mriya Farming PLC, Kyiv Atlantic Ukraine, Trypillya Agrofirm, etc.

In Focus

Fertile Period

Ukrainian agriculture is often referred to as a sector of unique competitive advantages globally. However, the performance of agribusiness is far from that declared potential.

Expert Opinion

Consolidation of Agricultural Land

In a strict sense, one may define land consolidation as a process of combining small land plots into bigger ones and/or of land plots with incorrect configuration with other land plots. The aim of such land consolidation is to remove parceling, curved boundaries and to form land plots with the correct configuration.

Crux

Legal Digest

The UJBL editorial team spent the last month monitoring recently adopted legislation and new legislative initiatives. This month we asked for comments on the Orders: No.78, according to which the mandatory sale of foreign exchange earnings was cancelled, No.91 that cancelled the limitation on repatriation of dividends,Draft Law On Cashback. Other notable events included  ratification of the Agreement on Free Trade between the Cabinet of Ministers of Ukraine and the Government of Israel and the launch of the new electricity market.

Cover Story

Well-timed Change

Insolvency regulation is customarily considered a sensitive area with many pitfalls, and this causes fear in investors. Consequently, it is critically important to set favorable rules at all stages of doing business – establishment, operational activity and exits. Olena Volianska, partner at LCF Law Group, who supported a series of landmark bankruptcy proceedings across the most strategic economic sectors, has seen the situation from the inside out. She’s drawn our attention to those changes that should bring certainty and credibility in Ukrainian law, and explained the developments in the profession of bankruptcy trustees.

Argument

Current Trends in Shipping Law of Possible Interest to Commodities Traders

This article reviews several key recent cases heard by English courts on issues of shipping and maritime law, which raise matters of key importance for commodities traders, shipowners, charterers and other parties involved in the supply chain. Disputes that take place between commodities traders frequently involve issues of proper mitigation of damages, limitation of liability in case of default of contractual obligations, measure of damages and sometimes even correct interpretation of the terms under the International Convention for the Unification of Certain Rules of Law relating to Bills of Lading (the “Hague Rules”) for the purposes of limitation of liability in case of carriage of goods by sea.

Сorporate Legal Issues for Luxembourg Companies

Sometimes we need general rules to understand corporate legal procedures and processes. However, a detailed individual case gives us the possibility to study a question deeper and concentrate on specific legal collision and issues.

Юридическая Практика

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