Charkiv and Kiev
Klaus Kessler

Attorney at Law (Germany)
Partner
Phone: +380 (44) 5 86-23 03
E-Mail

... is among the core competences of Rödl & Partner in Ukraine.

Rödl & Partner is a leading German-speaking legal firm in Ukraine. We offer advice and consultancy in German, English and Ukrainian on any issues of the Ukrainian and German business law.

The legal framework for business (including investments and commerce) and legal abidance has improved considerably in Ukraine during the recent years. The above applies also to the legal culture of market players. However, Ukraine has not yet achieved the European level in that respect and there are still “black sheep” among the Ukrainian companies. That is not surprising because not much time has elapsed since the collapse of the Soviet Union with its peculiar legal culture.

Knowledge of the local legal specifics, environment and approaches - which differ significantly in their details from those customary in the Western Europe - is vital for a successful business in Ukraine. The involvement of a legal counsel in steps preparatory to the establishment of your business in Ukraine and in the ongoing legal support is indispensable and often vital. Our professionals are knowledgeable in the local law and thus are able to assess the risks and your exposure adequately. A fiasco often lies in wait for those who want to cut costs during their initial steps at the local market. Unfortunately more often than not their experience leads them to understand the truthfulness of the Ukrainian proverb ‘A cheapskate pays twice’ (скупий платить двічи). A Western businessman can easily overlook basic details, such as the necessity to have a contract in writing with the Ukrainian customers (because a cross-border shipment is a foreign trade transaction and thus is deemed null and void in Ukraine, if not formalized in writing), or the necessity to comply with multiple other requirements regarding the document form, or the necessity to obtain special approvals from diverse authorities for the implementation of a construction project, or limitations on foreign investments in industries deemed to be of strategic importance for the nation. Furthermore, one should take into account the abundance of formalities typical of the Ukrainian law where a minor infringement or non-compliance can produce irreversible negative effect. In Ukraine red tape and delays typical of the Ukrainian legal and administrative authorities should be taken into account e.g. for the purposes of developing time schedules in capital construction.

An attempt to accelerate the examination of your case by means of a ‘grease money briefcase’ is punishable in Ukraine as well – and a construction project is deemed illegal without a valid construction permit, and therefore its absence can result in a standstill of the construction project or even demolition of the erected buildings and structures.

Rödl & Partner provides legal advisory services internationally, drawing on the experience and knowledge of its offices worldwide. The firm has legal teams in all major international business hubs and its legal counsels can underpin their recommendations with expert opinions issued by the local and international agencies.

Rödl & Partner is active in the EBA and in other associations, organizations and boards.