Legal Environment

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In this page: Business Contract | Intellectual Property | Legal Framework of Business | International Dispute Resolution

 

Business Contract

General Observation
The contract has to define the description, the quantity, quality of the products and the length of the transaction.
Law Applicable to the Contract
Ukrainian law is complex, however, it complies with international standards: Vienna Convention, UNIDROIT and the European Law on contracts.  A contract should therefore comply with international and national laws.
Advisable Incoterms
Like the Economy Code, the October 1994 presidential resolution declared that all agreements should be subject to the Incoterms national and international regulations.
Language of Domestic Contract
Contracts are in Ukranian.
Other Laws Which Can Be Used in Domestic Contracts
The Civil and Economy Code are the two reference texts for drawing up a contract in the Ukraine.

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Intellectual Property

National Organisations
Ukranian Intellectual Property Institute (Ukrpatent)
Regional Organisations
WIPO
International Membership
Member of the WIPO (World Intellectual Property Organization)
Signatory to the Paris Convention For the Protection of Intellectual Property
 

National Regulation and International Agreements

 
Type of property and law Validity International Agreements Signed
Patent
 
Patent Cooperation Treaty (PCT)
Trademark
 
Law n° 3689-XII of 15 December 1993 on the protection of trademark rights for goods and services
Trademark Law Treaty
Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks
Copyright
 
http://www.uacrr.kiev.ua/
Ukrainian copyright agency Berne convention For the Protection of Literary and Artistic Works
Convention for the Protection of Producers of Phonograms Against Unauthorized Duplication of Their Phonograms
Rome ConventionFor the Protection of Performers, Producers of Phonograms and Broadcasting Organizations
WIPO Copyright Treaty
WIPO Performances and Phonograms Treaty
Industrial Models
 
http://www.ukrpatent.org/en/index.html
Ukrainian industrial property institute  

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Legal Framework of Business

Equity of Judgments

Equal Treatment of Nationals and Foreigners
Equal treatment is stipulated by law, but its application is often imperfect. Foreign nationals cannot expect an impartial trial from the country's judicial system.
The Language of Justice
The judicial language used in the country is Ukrainian and Russian.
Recourse to an Interpreter
Having an interpreter is possible.
Legal Similarities
The main source of the law is the constitution of 1996. The country's legal system is based on a civil law system and judicial reviews of various legislative acts.
 

The Different Legal Codes

 
Labour Law Law relating to employment rights, contracts, employment conditions and social and arbitration protection.
Commercial procedure law Laws relating to relationships and conflicts between citizens, legal entities and the State. Laws relating to accountability issues.
Law on Foreign Investment in the Ukraine Law of 1996.
 
Checking National Laws Online
Ukrainian legislation
Other Useful Resources
The Ukraine Constitution
The Verkhovna Rada of Ukraine website
Gateway to Ukrainian law websites
Country Guides
Research Guide to Ukrainian Law
Library of Congress - Guide to law online - Ukraine, Information gateway on laws in the Ukraine
 

The Jurisdictions

 
Common Law Court Civil and criminal matters
Court of Appeal Appeal of legal decisions
Common Law Supreme Court Supreme Court of Appeal
Supreme Court of Commerce Supreme Court of Appeal of Commerce
Constitutional Court Specialised in constitutional justice matters
Tribunal of Commerce Between legal or private entities who have an entrepreneurial status.
Arbitration Courts Independent from the public legal system, they carry out commercial arbitration in the classic sense of the word.
 
 

Court Officials

http://www.scourt.gov.ua/
The Supreme Court of Ukraine (in Ukranian)
 
 

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International Dispute Resolution

Arbitration
The International Commercial Arbitration Court intercedes to resolve conflicts.
Arbitration Law
Problems still exist for the dispute resolution procedures. The rule of law is working imperfectly in Ukraine.
Conformity to International Commercial Arbitration Rules
Party to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards.
Party to the Geneva Protocol on Arbitration Clauses.
Appointment of Arbitrators
Each party can present one or a list of arbitrators to the Arbitration court, even foreign arbitrators, as long as they have experience in the matter.
Arbitration Procedure
The conflicting parties can choose to call for the court's arbitration, which would estimate the damages required from the faulted party. This estimate can be disputed. The court language is Ukrainian or Russian and interpreters are allowed.
Permanent Arbitration Bodies
International Commercial Arbitration Court (Sectors Covered: All sectors)

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Latest Update: November 2022