Prospects for non-compete and non-solicitation agreements
Anatolii Rybachok, lawyer of Lavrynovych & Partners Law Firm, made a comment for “Legal Practice” on perspectives and consequences of the implementation of non-compete and non-solicitation agreements in Ukraine’s current labor legislation.
“It should be understood that the provision on non-compete agreements in legislation will contradict the current Constitution of Ukraine, which guarantees every citizen the right to earn a living by work of his/her choice (Article 43). Practically similar provision is included to the draft of the new Labor Code of Ukraine (Article 20). This means that such a condition can not be applied in practice and will violate employee’s rights.
Meanwhile, the provision on non-solicitation in the new Labor Code can significantly increase the responsibility of an unscrupulous employee. On one hand, it will protect the interests of employers more, while on the other hand, it will decrease the competition between companies in the market. It is important to remember that the current legislation of Ukraine and judicial practice already imply the responsibility of such an employee on the basis of general provisions on compensation.
To sum up, it should be noted that our legislation is not ready for the implementation of any of these two institutions. However, their implementation would significantly improve the rules of doing business in Ukraine and would create the legal framework for protecting the rights of employers against their unscrupulous employees. “
Stanislav Skrypnyk will give a speech at the International Conference “Tourist LEVEL UP”
Executive Partner of Lavrynovych & Partners Law Firm Stanislav Skrypnyk will tell about mediation as an alternative way of resolving conflicts in the tourism sector within the framework of the International Conference “Tourist LEVEL UP”, which will take place on April 22-24, 2018 in Uzhgorod.
Медиация. О ней много говорят и пишут, но мало кто знает.О медиации, как альтернативном способе разрешения конфликтов,…
Maxim Lavrynovych will organize a workshop at Legal High School
On April 2, Managing Partner of Lavrynovych & Partners Law Firm Maxim Lavrynovych will organize a workshop on “International Business Structuring: Financial and Legal Aspects of Access to EU Markets” within the framework of the innovative education platform Legal High School. The expert will share his many years of experience in international transaction support and will focus on the peculiarities of compliance in EU financial institutions.
Lavrynovych & Partners Law Firm successfully defended the interests of the client in the Supreme Court
Lavrynovych & Partners Law Firm’s lawyers succeeded in convincing the Supreme Court in the correct legal application of Article 33 of the Law of Ukraine “On Land Lease” and, therefore, in the client’s preferential right among other parties to conclude an agreement on lease of land for a new term (renewal of the contract).
The Supreme Court agreed with the case of the Company’s lawyers that upon condition that lessee strictly follows fixed procedure for the renewal of the contract and lessor simultaneous delays to consider the draft of the relevant supplementary agreement, the lessee still receives the right to judicial protection.
As a result the Supreme Court agreed with the Appellate court’s recognition of conclusion of the supplementary agreement between the lessee and the lessor on the renewal of the lease for the next 5 years.
The success on this project was achieved due to considerable experience of the team of Lavrynovych & Partners Law Firm in resolving disputes as well as the high level of expertise in contractual law. Executive Partner Stanislav Skrypnyk and Associate Partner Arthur Kiyan worked on the project.
Dmitry Savchuk will take part in the IV Legal Banking Forum 2018
On February, 7th, Associate Partner of Lavrynovych & Partners Law Firm Dmitry Savchuk together with leading legal market representatives will take part in the IV Legal Banking Forum 2018. The main topics of the discussion are transformation of the banking system of Ukraine, relations with the NBU and Deposit Guarantee Fund, digitalization of the financial sector, banking risks and compliance.
Lavrynovych & Partners Law Firm support new projects
Lavrynovych & Partners Law Firm is happy to support new and interesting projects. That is why the team of our lawyers will take part in the enthusiastic original game created by Academy of DTEK – “Game of Thrones”. Unexpected turns of the plot, lots of interesting characters and constant struggle. This Friday the fate of “Seven Kingdoms” will be decided and the next ruler of the Iron Throne will be chosen. Hurry up and join, winter is coming!
Lavrynovych & Partners Law Firm take part in the Ukrainian-Italian business forum
On January 30, 2018, Managing Partner of Lavrynovych & Partners Law Firm Maksym Lavrynovych, Associate Partners Dmytro Savchuk and Arthur Kiyan will participate in a high-level event within the framework of the visit of Minister for Foreign Affairs of Italian Republic to Ukraine – Ukrainian-Italian Business Forum. In addition to discussing the state, perspectives and priority directions of economic and investment cooperation between Ukraine and Italy, representatives of the two countries will host B2B negotiations. The main topics of the negotiations will be small and medium enterprises, energy, agro-industrial complex, infrastructure and other socially significant branches.
Dmytro Savchuk has received a certificate on the right to perform advocacy activity
Lavrynovych & Partners Law Firm is proud to be a team that brings together the best experts and ambitious law practitioners. Associated Partner of Lavrynovych & Partners Law Firm Dmytro Savchuk has recently added to his numerous professional achievements a certificate on the right to perform advocacy activity. We sincerely rejoice at his successes and believe that this will be just another step towards the next achievements.
Lavrynovych & Partners Law Firm has helped a foreign investor
With the assistance of the lawyers of Lavrynovych & Partners Law Firm the foreign investor, the Dutch company “FTNT Trade and of Investment N.V.”, operatively liquidated in the voluntarily order its subsidiary company in Ukraine – LTD. “FTNT Ukraine”.
Lawyers provided comprehensive legal support at all stages of the liquidation procedure, including representation before state registrars, tax authorities, banks and archival institutions.
The prosecution of the project was carried out by Lawyer of Lavrynovych & Partners Law Firm Vadym Avdeev under the supervision of Associated Partner Dmytro Savchyk.
Tax on withdrawn capital: second breath or path to the abyss?
Associate partner Lavrynovych & Partners Law Firm Dmytro Savchuk, together with leading experts in the tax industry, analyzed the positive and negative aspects of the new mechanism of taxation in the form of tax on moved capital, proposed by the Government