January 31, 2017

With the ongoing conflict with Russia and a high level of corruption, doing business in Ukraine is unlike anywhere else in Europe, so GO SLOW!  Here are some helpful guidelines:

• Check if the Ukrainian party is registered as a legal entity or entrepreneur (otherwise they cannot effectuate or receive payment).
• Meet with your Ukrainian partner (and inspect their office/place of doing business) before you sign any agreements.
• Know your agent! Trust is not enough (background research in state registers on company legal status, bankruptcy status, debtor status, enforcement proceedings status, etc.).
• Enter into several small contracts instead of one large, long-term transaction.
• Start small (test) and gradually increase (re-invest profits).
• Register Ukrainian presence only when absolutely necessary.
• Always hire a good lawyer to draft/review your agreement to make sure it complies with Ukrainian laws (i.e., do not use standard global forms). 

Labor laws are perhaps one of the least understood (and most frequently violated) areas of Ukrainian legislation. It helps to categorize all persons residing in Ukraine into two groups of employment elationships: (1) labor employment agreements governed by the Labor Code of Ukraine; or (2) sub-contractual agreements governed by the Civil Code of Ukraine.

Once upon a time, Ukraine established a so-called “visa-free” regime, allowing citizens of certain countries to enter its territory without a visa for a period of up to 90 days, followed by an obligatory departure for the next 90 days before such citizens could return on the “visa-free” status.  In reality, foreigners routinely overstayed their allotted time without any real consequences (at most, paying a nominal fine upon exiting the country).  It was that easy...

The law office of Frishberg & Partners are pleased to announce the formation of Criminal Defense Practice Area, headed by Mr. Nikolai Alexandrovich Goraschinkov.  Before joining our law firm as Of Counsel on Criminal Defense Cases, Mr. Goraschinkov worked as the Head of the Criminal Investigation Department of the City of Kiev.   To learn more about Mr. Geraschinkov and our new practice area, please see http://frishberg.com/index.php/en/criminal-defense.