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International relations

International relations

Many of the clients of the law firm "Ukrainian Law Group" Optima " are subjects of international relations.


Thanks to high level business contacts in the areas of international jurisdictions, experience and professionalism of lawyers, high labor resources of our law firm, we provide our customers a wide range of opportunities in the international legal environment and foreign relations.

 
Work experience in supporting of the foreign economic activity of customers' of law firm, and significant experience in representing clients in international commercial and arbitration court, allows us not only to minimize the risk of the customer, but to ensure increased the opportunities of client's business.
 

Практики:

  • Registration of offshore companies

    Offshore zone - these are the countries or separate territories, carrying out registration of companies (non-resident), over which extends preferential tax treatment .

     

    Registration of the enterprise in the offshore zone gives a long series of advantages, including:

     

    - Tax incentives;

     

    - The favorable exchange rate regime (the virtual absence of exchange controls);

     

    - The freedom of doing accounting statements;

     

    - The ability to choose any bank in the world without restrictions when opening accounts;

     

    - Choice of any foreign currency in conducting transactions with residents;

     

    - Anonymous (guarantee of secrecy of information on the financial situation and tax status of the founder)

     

    - Simplify reporting requirements documents;

     

    - Secrecy of financial operations, etc.

     

    Offshore - it's totally legal way to optimize business

     

    The procedures for the establishment of the company in the offshore area is quite simple and requires the owner, director (two or more), bank accounts, and the statute of documents.

  • International arbitration

    International Commercial Arbitration (hereinafter - ICAC ) - is arbitration, the purpose of which is to review and resolution of international commercial dispute on the merits in a particular procedural form.

     

    For date, the ICAC is the body, that contributes to the resolution of disputes arising in international trade without the involvement of the state judiciary.

     

    There are several types of international commercial arbitration:

     

    Full time ICAC, which is created by the Chamber of Commerce , trade and industrial union or association.

     

    Timed - ad hoc arbitration, which is only created to settle a dispute and shall cease to exist after the decision.

     

    The main criterion, that determines the possibility of referring the dispute to the jurisdiction of the international commercial arbitration is the existence of a written agreement between the parties to refer the dispute for resolution to the ICAC. Typically, such an agreement by the parties directly included in the foreign economic contract.

     

    Disputes within the jurisdiction of the ICAC:

     

    - Disputes thereunder contractual and other civil law relationships, arising in foreign trade and other forms of international economic relations, if one of the parties is a non-resident;

     

    - Disputes between enterprises with foreign investment, international associations and organizations established in the territory of Ukraine, among themselves, between their members, as well as with other entities.

     

    The peculiarity of the content of the statement of claim in the arbitration process is the need to justify the competence of the arbitral body, as well as an indication of an arbitrator and a reserve arbitrator chosen by the plaintif , or the presence of a request that the arbitrator and reserve arbitrator was appointed by the President of the ICAC.

     

    In the process of conducting the proceedings first of all  is applied the provisions of the Rules of the Tribunal. When you need to address issues not regulated by the Rules and by the agreement of the parties, the arbitral tribunal shall review in a way that it deems appropriate, based on the Ukrainian law on international commercial arbitration, as well as respecting the equal treatment of the parties, giving each of them the possibility of to protect their interests.

     

    In order to provide the parties an opportunity to present their positions, to provide evidence of oral argument - is an oral hearing.

     

    The decision of the ICAC at the Chamber of Commerce of Ukraine shall be final and binding on the parties and their rejection of the voluntary execution carried out by force at the location of the debtor in accordance with the provisions of the Convention "On the Recognition and Enforcement of Foreign Arbitral Awards" (New York, 1958).

  • Franchising

    Lawyers the Ukrainian Legal Group "Optima" provide professional services in the field of conclusion of a franchising contracts, which is transmitted by means of the right to use commercial experience, a successful image, intellectual property rights (trademarks, industrial designs, etc.). It should be noted that in Ukraine, the concept of "franchising" is not defined at the legislative level, but the analogy of the law to resolve these legal relations applies franchise agreement. According to the current Civil Code of Ukraine for the contract of commercial concession both parties must be registered as business entities.

     

    In this regard, except for the basic services of concluding franchise agreements, Ukrainian Legal Group "Optima" provides additional legal services. Namely, the main services include:

     

     

    - advising the parties in the preparation, conclusion and registration of a franchise agreement;

    - assist in the development of individual schemes of franchising;

    - developing and negotiating the terms of a contract of concession.

     

    Additional services:

     

    - registration of the parties by business entities (legal entities or natural persons - entrepreneurs);

    - support the registration of a commercial concession.

     

    We draw a special attention to the fact that according to Art . 1118 of Commercial Code of Ukraine, the franchise agreement is concluded  in writing and is subject to state registration in the body, that has registered the copyright holder. If the owner is registered in a foreign country, the contract should be recorded in the body which has registered member. For today, the procedure of registration of a contract of concession has not been established and the state registrar shall refuse to perform these actions, but without the registration of the franchise contract is not be concluded. In this regard, the procedure of registration of franchise agreement includes a number of the following: an appeal to the State Registrar a statement of registration of the contract, failure to obtain registration of the contract, challenging and canceling solutions of state registrar, forced registration of the agreement by judicial decision.

  • International trade

    The subjects of foreign economic activity are aware that such activities are subject to regulation and restriction of a lot of legal rules as domestic law and the provisions of international bilateral agreements, multilateral conventions, etc. Therefore, legal advice in matters of foreign economic activity is not just spread, but is an integral part. Our lawyers provide oral and written consultations on international commercial contracts (sales, franchising, international leasing, factoring , etc.), investment, financial settlement.

     

    An important part of activity of our law firm has the legal support of transactions that includes the development of schemes of contractual relations, the drafting of the contract, its agreement with both parties, legal review of contracts, negotiations and signing of the contract, maintaining of execution, and assistance in the settlement of disputes.

     

    Also, the lawyers of our law company take a part in the pre-trial settlement of disputes in international trade, protect the interests of the client in litigation in state courts as well as alternative methods (mediation, international commercial arbitration).

  • International transportation

    Organization of international transportation includes a set of actions, each of the points are very important, because it concerns not only the interests of individual entities, but also international interests.

     

    Organization of international transport is carried out at the following conditions:

     

    • implementation of Vehicle Registration;

     

    • implementation of admission (licensing) to perform international transportation;

     

    • supporting of the vehicle certification;

     

    • obtaining permits for international transportation;

     

    • implementation of customs procedures;

     

    • liability insurance of carrier;

     

    • compliance with the conditions of work and rest hours of crews of vehicles;

     

    • visa support of the driver.