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Egorov Puginsky Afanasiev & Partners | Ukraine | 11 Aug 2021

Paid paternity leave now in effect

Fathers of newborn babies as well as other relatives who satisfy certain criteria are now eligible for 14 days of paid leave on a one-off basis. Prior to this, new fathers were eligible only for unpaid leave and subject to being party to a registered marriage with the baby's mother.
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Egorov Puginsky Afanasiev & Partners | Ukraine | 4 Aug 2021

Diia City: new legal framework for IT industries

The Ukrainian government recently announced a highly ambitious initiative in the IT sector, which it believes will boost the industry. Named "Diia City", the project is a legal framework for IT industries with several promised benefits. Among the key novelties is a "gig contract" – a combination of a freelance and an employment contract – a brand new model of engagement for the Ukrainian market.
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Egorov Puginsky Afanasiev & Partners | Ukraine | 5 May 2021

Parliament introduces novel working arrangements to aid businesses during COVID-19 pandemic

Although widely used in practice for many years, alternative forms of labour organisation (eg, remote working and flexible working arrangements) were not properly addressed in Ukrainian law until the COVID-19 pandemic. Following a recent labour reform, the law now establishes three working arrangements as alternatives to the classic office model – namely, flexible working, remote working and......
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Everlegal | Ukraine | 5 Dec 2019

Practical aspects of recovering post-award interest

Although Ukrainian law now allows for the recognition and enforcement of arbitral awards which grant interest of an undetermined amount with no fixed maturity date or clear method of calculation, in practice, challenges may still arise during execution proceedings. A good example of this is the high-profile case Nibulon v Rise, which proves that obtaining enforcement of an arbitral award in......
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Everlegal | Ukraine | 26 Sep 2019

Enforcement of arbitral awards by sanctioned entities: courts test public policy exception

Although the Ukrainian courts have released little jurisprudence with respect to the application of sanctions, this practice is gaining traction in response to Russian aggression in Crimea and the Donbas region. In a recent case, a sanctioned Russian entity sought recognition and enforcement of an arbitral award against a Ukrainian company, which the latter argued would contravene Ukrainian......
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Everlegal | Russia, Ukraine | 13 Jun 2019

Changes to approach favouring enforcement against assets indirectly owned by foreign states?

Following a recent Supreme Court decision, the outlook for recovery following the enforcement of the Everest Estate arbitral award against Russian assets in Ukraine does not look particularly optimistic. However, the chances of recovery may increase if the Ukraine Cabinet of Ministers exercises its powers under the International Private Law to allow enforcement against assets indirectly owned......
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Eterna Law | Ukraine | 12 Jan 2017

Post-award interest recovery in Ukraine – is it possible?

Post-award interest usually accrues between the date on which an arbitral award is issued and the date on which payment of the awarded amount is made. Ukrainian legislation does not address the concept of post-award or post-judgment interest and difficulties can thus arise. While Ukrainian case law regarding the recovery of post-award interest is controversial, there are options that make the......
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Eterna Law | Ukraine | 8 Sep 2016

High court issues overview of case law relating to international arbitration awards – Part 2

In early 2016 the High Specialised Court for Civil and Criminal Cases published an extensive overview of Ukrainian case law relating to the recognition, enforcement and challenge of international arbitration awards. This update discusses the jurisdiction of Ukrainian courts to consider applications for the setting aside of arbitral awards delivered by the International Commercial Arbitration......
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Eterna Law | Ukraine | 30 Jun 2016

High court issues overview of case law relating to international arbitration awards

In early 2016 the High Specialised Court for Civil and Criminal Cases published an extensive overview of Ukrainian case law relating to the recognition, enforcement and challenge of international arbitration awards. The overview has been welcomed by lawyers, although certain interpretations and conclusions made by the court are far from radical.
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Asters | Ukraine | 16 Feb 2016

Presumption of joint spousal property in question

In most circumstances, property acquired in the course of a marriage is jointly owned by both spouses. Joint spousal ownership of property has traditionally been automatically presumed by law in the absence of specific evidence to the contrary. However, recent Supreme Court rulings have abrogated this presumption, establishing certain criteria which must be met in order for joint spousal......
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