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Ilyashev & Partners Law Firm Is a Partner of III Annual Forum of Legal Advisers

News date: 15 October 2015

Ilyashev & Partners Law Firm became a partner of III Annual Forum of Legal Advisers organized by the Yurydychna Praktyka Publishing House on October 13, 2015

Maksym Kopeychykov, partner at Ilyashev & Partners Law Firm, Head of Banking and Finance, made a report on settlement of disputes with problem banks at the Banking session.

According to Maksym Kopeychykov, courts believe that all steps before introduction of the interim administration, if there is no evidence of a crime, are lawful. It applies, in particular, to assignment of claims. Notwithstanding that occasionally temporary administration successfully applies the consequences of nullity of transaction to such agreements.

“According to case law, in disputes on application of legal consequences of void transactions, the temporary administration of the bank, which considers the transaction void, shall prove validity of the claim of nullity. It is good that both the bank and the client do not need to prove validity of their transactions”, noted Maksym Kopeychykov speaking about the latest trends in court disputes with the troubled banks, where the temporary administration was introduced.

Olena Omelchenko, lawyer at Ilyashev & Partners Law Firm, off-counsel to the Minister of Economic Development and Trade of Ukraine, Head of the Working Group on Foreign Trade at the American Chamber of Commerce in Ukraine, made a report at the final session of the forum “Business 2015: Challenges and Solutions”. The report focused on trade and economic war between Ukraine and the Russian Federation.

Olena noted that the Russian Federation applied 131 restrictive measures to Ukraine, some of which may be challenged in the WTO. However, since 2008, Ukraine has not initiated a single case in the WTO because of the lack of funds for the services of legal advisers. In the absence of public funding in 2016 Ukraine threatens preservation of current and introduction of new restrictions: Russia is expected to increase the rates of duties to the level of most favored nation treatment, i.e. to the level of trade duties with the countries outside the CIS free trade zone, and new agricultural products will fall under embargo.

III Annual Forum of Legal Advisers is a specialized event for heads of legal departments, the communication platform for the exchange of experience of legal advisers, representatives of the leading law firms, public authorities, and judges of the higher specialized courts. Traditionally, the forum ended by the awarding ceremony in the rating “50 Leading Legal Departments of Ukraine” according to the results of the independent publishing house Yurydychna Praktyka.