The event was supported by Association of International Pharmaceutical Manufacturers (AIPM Ukraine). Media partner of the event was Infoskrin LLC.

Speakers:Oleksii Bezhevets, Attorney, Partner with the Legal Alliance Company, MBA

Andriy Gorbatenko, Attorney, Counsel with the Legal Alliance Company

During the event speakers compared the requirements of current legislation on the promotion of Rx medicines to those which would be applicable from 13/07/2012.

Furthermore the speakers highlighted the list of material to which these requirement are applicable, told how to differentiate  information about Rx medicines and Rx medicines advertising, answered the question whether it is possible to place information about Rx medicines, for example, at distribution points (pharmacies), and what kind of information it should be, what are the consequences of ignoring separate criteria of the requirements to Rx medicines advertising, what were the main risks for various promotional activities (internet, leaflets, cards, samples, brand remainders, etc.), and also how should promo material of Rx medicines look like.

Given the topic being a pressing issue, the workshop gathered over 30 managers of pharmaceutical companies and specialized media. The event which spread over for more than two hours mainly due to the lively discussion was evaluated by the participantsas an effective and timely.
The company thanked the representatives of the pharmaceutical industry for their constant interest in our activities and invited every one to visit the following workshops: http://www.legalalliance.com.ua/rus/events/".

Also you can subscribe to receive information about our workshops: http://www.legalalliance.com.ua/rus/subscribe/

Ilya Kostin, a partner with the Legal Alliance Company, took part in the event as a member of the Ministry of Ukraine Public Council from the Ukrainian Bar Association, which is the largest association of lawyers in the country where Mr.Kostinis the deputy chief of the committee on pharmaceutical law.

Also, the meeting was attended by the representatives of the American Chamber of Commerce in Ukraine,the European Business Association, Association of Producers of innovative medicines«APRAD»,Ukrainian public organization «Association of Pharmaceutical «PharmUkraine» and other non governmental organizations from the legal or pharmaceutical market.

The conference program consisted of three thematic sections on the general regulation of broadcasting, advertising regulation, and regulation of cinematography, film and TV production.

Oksana Kondratieva, Counsel with Legal Alliance Company, a head of the Antitrust and Competition law practice spoke at the Conference. The issue of her report was: «Unfair advertising. Criteria for determining such kind of advertising and imposing fines». In this report, Oksana Kondratieva particularly stopped on the requirements of competition law at the distribution of advertising in the media. The most common disorders in the dissemination of information on mobile markets, banking, and pharmaceuticals were analyzed. Attention in the report was concentrated on the features of the dissemination of information in print media, outdoor advertising, television and radio. Also,in her speech Oksana Kondratieva highlighted the procedure of imposing penalties for dissemination of misleading information,legal requirements, mitigating circumstances, the practice of the Antimonopoly Committee.

More information, photos and video from the Conference can be found at the official website of the Conference: www.medialawconference.com.ua.

EU Pharmacia is a Polish company, for over twenty years offering their products to the market of non-prescription medicines, as well as one of the five leading pharmaceutical companies in Europe, producing non-prescription drugs.

Illya Kostin, Partner with the Legal Alliance Company commented on the beginning of cooperation with EU Pharmacia: "We are pleased to see EU Pharmacia among our clients. We have an opportunity to demonstrate our clients a superior quality of the services of our Company and to give them confidence in the security of business in Ukraine".

Apotex is a major Canadian company engaged in the development of new manufacturing technologies, techniques of syntheticand analytical chemistry. Apotex product sare exported to 115 countries. "Apotex" puts the production of generic medicinal products, proven to be bioequivalent to the originals, as a major strate gicpriority of it soperations.

According to the Company's partner Oleksiy Bezhevts, Legal Alliance is proud to accompany the activities of Apotex in Ukraine. "We expect a lot of interesting work to do. From the earliest days of co-operation with the Representative, there has been established a constructive dialogue. "

In support of this project, the lawyers of the Legal Alliance Company have carried out a full analys is of the products and customers, as well as the necessary paper work.

Legal support of the project has been implemented by Parterof the Legal Alliance Company Illya Kostin, Medical expert Leonid Shylovskyy and Senior Associate Natalia Lavrenova.

Ms. Ptashnyk graduated from Kiev National Taras Shevchenko University (Master of Law).

Victoria Ptashnyk started her career at the Diamant Joint-Stock Bank as a Junior Attorney at the contractual work department. Soon she rose to the position of Head of Legal department at the banks’central office. Prior to joining Legal Alliance Company, Ms. Ptashnyk worked at Spenser & Kauffmann Law Firm (2006-2011), spending the last three years there as a partner and headed the firm’s Antitrust and Competition Law Practice.

Professional experience of Victoria Ptashnyk includes legal support of mergers and acquisitions (M&A), resolving direct investments issues, structuring of cross-border transactions in M&A, legal support for turnover of the securities, banking and financial law, corporate and commercial law, intellectual property issues, obtaining merger clearances and permits for concerted actions of Antimonopoly Committee of Ukraine (the AMCU), advising on unfair competition and abuse of dominance, representation of clients in the AMCU within the procedures of challenging its decisions.

Ms.Ptashnyk also headed Working Group on Competition Law of European Business Association, where she was working on alterations and modifications to the antitrust legislation (some of her proposals were considered and adopted by the AMCU).

Victoria Ptashnyk is a member of Ukrainian Bar Association and Kiev Bar Association, fluent in Russian, Ukrainian and English.

Order provides for a number of innovations that affect the rights and legitimate interests of participants of the pharmaceutical market in the area of customs control and registration of pharmaceutical products.

Therefore, in accordance with Order No. 1079:

• all the items in group 30 (pharmaceutical products) are included into the scope of application;
• customs control and customs registration of all pharmaceutical products should be carried out in Kiev and Kiev region as of the date of its effectiveness. Exemption is provided for the goods, customs clearance of which under customs regimes "import" and "transit" is carried out in an international crossing point for air communication "Borispol".

Today we can predict that the additional expenses associated with the new procedure will be charged to the final consumer. And these expenses will concern, at least two items:

• the customs clearance of imported and not yet cleared pharmaceutical products will require additional transportation of the goods to the customs post "Kyiv-East", after which the medicinal products are returned to the warehouses of distributors;
• delays in customs clearance of goods will result in additional expenses for customs storage of pharmaceutical products on a customs warehouse "Biocon".

Besides the provision of the powers of authority to "Biocon", being a participant of the pharmaceutical market, may result in privileged, and even monopolistic position on the market.

Therefore, in our opinion, the adoption by the State Customs Service of Ukraine of Order No. 1079 may have infringement elements of the Law “On the Protection of Economic Competition” in the form of anticompetitive actions of the executive branch.

The mentioned corresponds with the provisions of Paragraph 7 of Part 2 of Article 15 of the Law of Ukraine "On Protection of Economic Competition", which refers to the provision of privileges or other benefits for separate business entities or groups of business entities, that put them into a privileged position in comparison with competitors, which may result in prevention, elimination, restriction or distortion of competition. Article 16 thereof prohibits authorities and local authorities to delegate certain powers to associations, enterprises and other business entities if it leads or may lead the prevention, elimination, restriction or distortion of competition.

Taking into consideration all the above, the Legal Alliance Company, as a special legal adviser to the pharmaceutical market of Ukraine, has filed the application for  violation of the Law of Ukraine "On Protection of Economic Competition" in the process of adoption of the Order № 1079 with the Antimonopoly Committee of Ukraine.

In view of some procedural issues on submission of such applications (the rights of our Company are not directly violated) we have no assurance in the fact that the document will be accepted for consideration by the Committee. But we could not ignore the situation in which our clients - participants of the pharmaceutical market, may be affected.

According to the information we have, the AMCU has not received any application from market participants, whose rights are directly violated yet. However, if you decide to appeal on your behalf to the Antimonopoly Committee of Ukraine with the similar  application, our company is ready to provide you with a legal assistance.

For additional information please contact Oksana Kondratieva, Counsel with the Legal Alliance Company, Head of competition & antitrust practice (kondratieva@l-a.com.ua, +38044 220-15-84)

1. In accordance with the Ukrainian legislation, entities and their structural subdivisions, branches, representative offices and their officials and employees are required to provide information and documents to the AMCU, including those with restricted access and/or containing banking secrets. We tend to believe that by addressing a request to the main office with a mark "through the representative" the AMCU expects to receive full information, even the one which a representative office may not have (it is supposed that on the basis of this request representative office may address the head office and collect all the information requested).
2. The Law of Ukraine On the protection of economic competition establishes a penalty of 1% of income (revenue) from sale of goods (works, services) of all legal and natural persons related via relations of control and belonging to a group, for not providing, providing in an incomplete and/or providing false information for the AMCU.
3. In each paragraph of its request the AMCU operates with the notion "all business entities related via relations of control". Taking into account that the definition of "control" in the Ukrainian legislation is broad enough, it is obvious that the target of the AMCU is to obtain information on entire group (up to the head office and its beneficiaries) engaged in activities not only in Ukraine but also abroad.

Based on the foregoing, in the case of receiving such a request we recommend:

1. Do not ignore this request and provide a well-reasoned reply within the specified terms.
2. To analyze the possibility of providing particular information, and in case of impossibility to provide any/some information, to give a reasoned explanation of the impossibility of granting / absence, etc. of such information.
3. To consider the algorithm of further actions in advance, so long as on the basis of the answer to the request the AMCU may bring an action for infringement of the Law On the Protection of Economic Competition.
4. When providing information in reply to the request it is important to ensure that the submitted information correlates with the data transmitted by your distributors, dealers, contractors, etc. for similar requests to the AMCU. In case of discrepancy of data, the AMCU will have a reason to bring an action for providing inaccurate information.

For additional information please contact Victoria Ptashnyk, Associated partner with the Legal Alliance Company ptashnyk@l-a.com.ua or Oksana Kondratieva, Counsel with the Legal Alliance Company, Head of Competition & Antitrust  practice kondratieva@l-a.com.ua.

Mikhail Khazin has mechanical - mathematical, philological and legal, as well as a special patent education. Has He has considerable experience in analytical chemistry, and other special types of chemical researches in a number of enterprises of the former USSR, include in gin the field of bio-and Neurocybernetics, automation, human-machine systems. He is the author of original works in the mentioned spheres.

Mikhail Khazin has experience in administrative and judicial procedures for the protection of intellectual property rights. He is a member of the Association of Patent Attorneys of Ukraine, as well as international organizations in the field of intellectual property protection. Within these organizations, in particular, AIPPI, Mr. Khaz in was a speaker on intellectual property protection. As a patent attorney, Mr. Khazin has significant experience in domestic and international protection of trade marks, patents, utility models and industrial designs, in particular, in pharmacology, immunology, genetic engineering and molecular biology. Fluent in English.

“Nowadays specialization of Mr. Khazin is unique and allows us to accompany serious projects of pharmaceutical companies in the field of intellectual property on the highest professional level. The increased numbers of requests on issues related to the patent protection of medicinal products have resulted in our desire to in volve a staf specialist, who would be reading formulas as competently and intelligently, as we read the rules of law. We have found just such a man in the person of Mikhail Khazin. We have great expectations for this collaboration, and hope in the nearest future to present the market new joint products"– said Illya Kostin   Partner with Legal Alliance Company.

We shall remind that this draft was adopted in the first reading at the end of the previous year. It gained such popularity because it envisaged a total ban on advertising of medicines. The whole year this Draft hung as a "sword of Damocles" over the pharmaceutical business, and only at the end of the year the Draft №7007 began to move on further. Initially, it's second reading was planned for 7/12/2011, but it failed to happen. The Draft has been temporarily removed from the agenda until 20/12/2011 when it was discussed and adopted.
It is interesting that the latest version of the Draft significantly differs from the one which has passed its first reading.

On the one hand we shall rejoice that the draft, which passed the second reading, does not contain a complete ban on advertising of medicinal products. However, on the other hand, the resolution embodied in the Draft with regard to advertising of medicines is somewhat alarming.

According to the Draft, advertising of medicinal products which are sold without medical prescription (OTC products) is allowed unless those are included in the list of medicines, prohibited for advertising. The list of medicinal products prohibited for advertising shall be approved by the central executive authority in the field of health care. The requirements for advertising of such medicinal products are established by the Law of Ukraine “On Advertising”. The criteria used for determining the medicinal products advertising of which should be banned, shall be approved by the central executive authority in the health care sphere in accordance with the law. The decision on determining the medicinal products as those advertising of which is prohibited shall be made during the State registration (reregistration) of such medicinal products with the submission of the relevant information to the State Register of Medicinal Products in Ukraine. Advertising of medicinal products, the use and sale of which is permitted only under the medical prescription, as well as those included in the list of medicinal products prohibited for advertising, is forbidden.

Thus, in the near future the Ministry of Health has to adopt the criteria for determining those medicinal products advertising of which is prohibited. Currently it is difficult to determine what will be the basis for such criteria. However, even now we may come to the conclusion that such criteria may have unstable character as they will be approved by the decrees of the Ministry of Health of Ukraine. This approach is far away from being called progressive.
It is interesting that the decision on determining medicinal products as those advertising of which is prohibited shall be made during the State registration (reregistration) of medicinal products. Therefore, the list of such medicinal products may be augmented exclusively in the course of the procedure of the State registration/reregistration of medicinal products. That being said, one may think if there is a valid registration certificate for a certain medicinal product sold without prescription (OTC products), the issue with regard to determining such medicinal products as those advertising of which is prohibited may arise only when the term of such Certificate validity comes to the end and when it is necessary to perform the reregistration. However, it is not true. According to the final provisions of the Draft, advertising of the medicinal products registered in Ukraine prior to the Draft’s entering into force may be performed only after introducing the corresponding amendments to the State Register of Medicinal Products of Ukraine.

Therefore, effective from the moment the corresponding provisions of the Draft come into force, advertisement of medicinal products may disappear for a certain time and the producers of medicinal products will align to the Ministry of Health of Ukraine to perform the reregistration of their medicinal products.

Moreover, since the decision on determining the medicinal products as those advertising of which is prohibited shall be made in each case separately, it may not occur that the same in essence medicinal product but of different producers may fall in different categories.

It is worth noting that the changes relating to advertising of medicinal products in accordance with the Draft shall become effective in 6 months from the moment of the Law’s publication.

That being said, we shall hope that within this period of time the Ministry of Health of Ukraine will develop transparent, understandable and justified criteria for determining medicinal products as those advertising of which is prohibited.

In general, the Draft introduces changes to the Fundamentals of the legislation of Ukraine on healthcare, the laws “On Medicinal products”, “On Licensing of Certain Types of Economic Activity”, “On Advertising”. Except for medicinal products advertising, the changes are related to licensing of medicinal products production and dissemination of the information regarding unregistered medicinal products.

The event was supported by the European Business Association, the Association of International Pharmaceutical Manufacturers (AIPM Ukraine),  and the marketing company SMD.  Media support for the Conference was provided by the magazines "pharmaceutical carrier", "Modern Pharmacy", "Mister Blister", "Medical Practice", "Pharmacist", "Pharmacist Practitioner", as well as Internet portals Pravotoday, Pharma.net.ua and Medpharmconnect.

The conference brought together more than 100 people, among whom were representatives of pharmaceutical companies, health institutions, NGOs, media, pharmaceutical and legal orientation, lawyers, patent attorneys, as well as government representatives.

The event was opened by the Partners with the Legal Alliance Company Illya Kostin and Oleksiy Bezhevets.

Speaking about the conference Illya Kostin  said: «Usual business routine, as well as huge amount of amendments to legislation, regulating pharmaceutical market, often distract attention from really important issues. In order to help those, who work in pharmaceutical market in these hard times, we traditionally hold final conference, summarizing results of the expiring year».

According to Oleksiy Bezhevets, partner with the Legal Alliance Company the purpose of the conference was summarizing what has occurred, finding out trends, analysis of positive experience in solving legal issues, actual for the  pharmaceutical market. “We consciously do not want and can not afford turning this final event into a medley of our monthly workshops. We will single out the most important issues, in our opinion, and we will share our experience in solving problems of the expiring year».

The event was divided into two parts, which were held in two neighboring halls, thus providing the participants with the opportunity to plan their schedule themselves and attend reports based on their choice. This year we tried to organize the program of the event to make it equally interesting and useful to managers of pharmaceutical companies, supervising different directions. That is why among the participants of the Conference were CEOs of pharmaceutical companies, field force managers, business-units managers, marketing departments specialists, medicines registration specialists, medical departments specialists, state procurement specialists, lawyers of pharmaceutical companies, state regulatory authorities specialists, lawyers and patent attorneys, working in the field of pharmaceutical law;

The participants of the conference presented reports on key issues of the outgoing year. In the first stream there were presentations on price registration for the medicines, GMP standards in the pharmaceutical business, licensing conditions, as well as changes to the Article 9 of the Law of Ukraine "On Medicines", Cabinet of Ministers of Ukraine resolution № 902 , Customs Code of Ukraine. The second stream has gathered everyone who was interested in the personal data in the activities of pharmaceutical companies, competition, advertising and promotion in the pharmaceutical market, the protection of the medicinal product in Ukraine, and the legislation on combating corruption.

The report “Personal Data in the activities of pharmaceutical companies”, presented by Legal Alliance Company lawyers Lidiya Sangarovskaya-Gurlach and Yana Kartseva, covered the legal aspects of creating, processing, recording personal data, outlined a practical plan on preparation of the internal documents of pharmaceutical companies for the processing of personal data in order to avoid violations that result in administrative and criminal liability, the practice of inspections from the State Service for the protection of personal data as well as the prospects for 2012 in the field of personal data.

“Medicines Prices Registration” report by the Partner with the Legal Alliance Company  Illya Kostin  has been devoted to the analysis of the premises and methodology of registration for medicines and medical products prices. Problematic issues and perspectives in this area, as well as disadvantages and risks associated with registration prices analysis  was of particular practical value to  the audience .

One of the most popular topics of the conference was dedicated to the competition in advertising and promotion on the pharmaceutical market.  On outcomes and expectations in this area spoke Oleksiy Bezhevets, Partner with the Legal Alliance Company and Councel Andriy Gorbatenko. Speakers reviewed the changes in legislation, new approaches and trends, interesting cases in advertising and promotion of medicines. Special attention was awarded the regulation of competition in the pharmaceutical market and prospects in this area for 2012.

Attention of the audience was also attracted by the GMP standard in the pharmaceutical business, which brought up by the Partner with the Legal Alliance Company IIlya Kostin and medical advisor Leonid Shylovskiy. In addition Tahtaulova Natalia, Head of Licensing and certification of the State agency of medicines of Ukraine spoke on this issue as an invited expert. "Not every state structure can boast of such openness in respect of market participants - said IIlya Kostin. – Opennes of the State agency of medicines of Ukraine, as well as professionalism of its employees were clearly demonstrated by Natalia Tahtaulova, head of licensing and certification of production. Her expert opinion was very important for the audience comprising of the market participants, gathered in the hall. As you know, the introduction of mandatory verification of GMP certificate for production of medicines is very relevant for Ukraine. Comments and answers to of Natalia Tahtaulova gave the opportunity to shed the light on some standard peculiarities of certification and  many more ".

In the third section of the conference on the protection of medicinal products in Ukraine, a Partner with the Legal Alliance Company Oleksiy Bezhevets and Senior Lawyer Natalia Lavrenova outlined changes in legislation concerning the protection of medicinal products from the competition (Article 9 part 9), trends, and practical tips on protecting and countering violations of the rights of melicinal products producers.

The  presentation on the legislation on combating corruption was intoduced by Partner with the Legal Alliance Company Oleksiy Bezhevets and Lawyer Lidiya Sangarovskaya-Gurlach. Their reports summarized legislative novels of 2011 and established practices of their application. Audience was interested in separation of administrative and criminal liability of health workers and representatives of pharmaceutical companies for violations of the Law of Ukraine, “On the Fundamentals of Preventing and Countering Corruption”,the practice of accountability for these violations. Speakers offered their vision of the marketing activity without violating the provisions of the legislation on corruption.

The conference ended with a very informative report of SMD Deputy Chief Evgeniy Zhivodernikov on "General characteristics of the pharmaceutical market of Ukraine". Market analysis, given by Mr. Zhivodernikovym perfectly demonstrated the results with which the pharmaceutical market went up to the end of 2011, and market trends for the coming year. In particular, he has identified the following among the characteristic of the pharmaceutical business in Ukraine:

• Pharmaceutical business in Ukraine - the structural unit of a market economy almost completely dependent on the population's purchasing power and macroeconomic equilibrium of the market (relation between demand and supply).
• Pharmaceutical business in Ukraine - the structural unit of the sphere of goods and services, "separated" from the country's health system.
• Pharmaceutical business in Ukraine, in contrast to the other segments of the market resides in the area of the most careful attention of supervisors.
• Pharmaceutical business in Ukraine is constantly being subjected to regulatory influences (as a rule - not economically justified) from all branches and levels of government. Pressure intensifies on the eve of the elections and in case of worsening economic situation in the country.
• Pharmaceutical Business in Ukraine has a negative image created by the efforts of the media and some government officials

After Mr. Zhivodernikov’s speech, Partners with the Legal Alliance Company IIlya Kostin and Oleksiy Bezhevets invited guests and speakers for a glass of champagne, where the New Year's surprise for the clients of the Legal Alliance was announced. In the following year, participation in the training mini-seminars, conducted by the our lawyers will be free for the employees of client companies. To confirm this, representatives of the client companies were given plastic loyalty cards for 2012. The partners also shared their positive impressions of the event, thanked all present for attending and invited for further cooperation.

After the official part of the conference there were a legal workshop "Legal News for Lawyers 2011", where in legal language lawyers of the Legal Alliance and our colleagues have been able to discuss the functioning of the legal departments of pharmaceutical companies, and their interaction with external consultants, a series of practical questions of a legal nature, as well as practice of their settlement. A special format of presentation followed by lively debate workshop made the whole conference very interesting and useful for all participants.

• evasion of personal data databases state registration (from 8500.00 to 17000.00 UAH)
• failure to notify / late notification of personal data subject about his or her rights arising from inclusion of personal data in the database, the purpose of it’s processing and those to whom the data is transferred to (from 5100.00 to 6800.00 UAH)
• failure to comply with legally defined order of protection of personal data in the database, which has led to illegal access to it (from 5100.00 to 17000.00 UAH)

as well as criminal liability for illegal collection, storage, use, destruction, distribution, alteration of confidential information about a person (a fine of up to 17000.00 8500.00 UAH or correctional labor for up to two years or arrest up to 6 months, or restriction sentence for up to 3 years).

In regard with this, Legal Alliance Company recommends that companies that have not already done so, immediately adjust internal processes and workflow, associated with the processing of personal data, as well as to register their own personal data with the State Service of Ukraine on Personal Data Protection.

Based on the experience of successful implementation of such projects (mainly for the pharmaceutical business), our company is ready to carry out a full range of activities aimed at bringing the activities of the companies in conformity with the requirements of the Law of Ukraine "On Protection of personal data", including:

1. Express audit of the company’s activity in processing of personal data 
2. Development of internal corporate documents in the protection of personal data
3. Development of model documents in the field of protection of personal data
4. Registration of company’s personal data databases (10 days)Advising on the interaction with specific individuals who own personal data (personal data subjects).

Should you have any questions, please contact Partner with the Legal Alliance Company Oleksii Bezhevets (bezhevets@l-a.com.ua) by phone: (044) 2201585, 2201586.

• Degree in Law
• Age: up to 35 years
• work experience as a lawyer predominantly in law firms (from 3 years)
• Proficiency in Legal English (Upper Intermediate)
• Specialization and experience in intellectual property law
• Experience in advising clients from the pharmaceutical sphere would be an advantage
• Skills in drafting contracts and memorandums, including in English
• Literacy in Ukrainian and Russian languages
• Experienced PC user

RESPONSIBILITIES:

• Preparation of memorandums, including in English
• andling business contracts, including in English
• Direct contacts with the clients, participation in the negotiations, providing advice
• Conducting court cases.

Please specify in the resume the desired salary level.

Please provide us with your CV via Online form "Send us a message" on  the page: http://legalalliance.com.ua/eng/contacts/

By tradition, Legal Alliance Company togetherwith the AIPM Ukraine completes the calendar year with legal conference “Pharmaceutical Business: Results of the 2011 - 2012 Expectations” which we invite you to visit on December 9, 2011.

The conference begins at 14:00

Venue: Business Centre "Parus", 2-a Mechnikova Str., 3rd floor (entrance from LesyaUkrainka Blvd.).

The conference program

This year we`ve been trying to make a program of the event in such a manner that it is equally interesting and useful for pharmaceutical companies managers, overseeing a variety of directions.

We are glad to see among the participants of the Conference:

• Top executives of pharmaceutical companies;
• Field force managers, leaders of businessunits;
• Marketing department professionals;
• Specialists in registration of medicines;
• Medical department professionals;
• Specialists in tenders and public procurement;
• Pharmaceutical companies Counsels;
• State regulatory bodies professionals;
• Lawyers and patent agents working in the field of pharmaceutical law;
• Other interested parties.

The event will address key subjects of the year, affecting the pharmaceutical business. Among them:

• Medications prices registration.
• Personal data in the activities of pharmaceutical companies.
• GMP standards and pharmaceutical business.
• Competition, advertising and promotion on the pharmaceutical market.
• Changes to Article 9 of Law of Ukraine "On Medicinal Products", CMU decree № 902, the Customs Code of Ukraine.
• Protection of the medicinal product in Ukraine.
• The licensing conditions.
• Legislation oncombating corruption.

The Conference is to be attended by representatives of

• Ministry of Health
• State Inspectorate for Quality Control of Drugs
• StateService of Ukraineon Personal Data Protection
• Anti-Monopoly Committee of Ukraine
• Pharmaceutical Business
• Legal Market
• Professional media and Internet publications

On the format

Conference: from 14.00 to 18.00

Evening workshops: from 18.30 to 19.30

Language: Russian / Ukrainian (except for English-language evening seminar)

The event is divided into two streams, which will be held in adjacent rooms. Participants will be able to plan their schedule to attend the conference and reports on their choice. Each report will be concluded by the discussion with special guests.

After the official part of the conference (from 14.00 to 18.00) there will be two workshops (from 18.30 to 19.30) targeted to specific audiences:

1.Great Hall - The Legal Workshop

• Audience: Pharmaceutical companies Lawyers, patent attorneys, lawyers practicing both individually and as part of law firms
• Language: Legal (Russian / Ukrainian)

2. Small Hall - «Pharmaceutical summary - 2011" held entirely in English language.

• Audience: Top managers of pharmaceutical companies
• Language: English

There are two ways of registration:

ONLINE on this page or filling out the form: http://legalalliance.com.ua/eng/events/

Attention! For the participants involved in the Conference legal workshop and an evening seminar for top managers – free of charge.

Registration and accreditation of media to the event is required.

For more information about the event, including sponsorship opportunities and media partnerships, please contactNataliiaDokuchaieva, Legal Alliance Company Business development managerover the phone. +380 44 220 15 84 (85,86), or by e-mail: dokuchaeva@l-a.com.ua.

Legal support is provided by Illya Kostin, Partner with Legal Alliance Company, and Legal Alliance Counsel Andrii Gorbatenko.

Legal support is provided by Illya Kostin, Partner with Legal Alliance Company, Counsel Andrii Gorbatenko and Lawyer Alexander Bondar.

Legal support of the project was implemented by Oleksii Bezhevets Partner with Legal Alliance Company, Counsel Andrii Gorbatenko and Lawyer Mariia Baranovych.

Legal support has been carried by the Legal Alliance team, consisting of Oleksii Bezhevets Partner with Legal Alliance Company, Counsel Andrii Gorbatenko and Lidiya Sangarovskaya-Gurlach, Lawyer with Legal Alliance Company.

The project was accompanied by Oleksiy Bezhevets Partner with Legal Alliance Company, and Counsel Andrii Gorbatenko.

The project had been implemented by Oleksiy Bezhevets Partner with Legal Alliance Company, Counsel Andrii Gorbatenko and lawyer Olena Popova.

Legal supportis led by Oleksiy Bezhevets, Partner with Legal Alliance Company.

Legal support has been provided by Oleksiy Bezhevets, Partner with Legal Alliance Company and Senior Associate Eugen Shcheglov.

The decision to move to a new much spacious office is caused by Legal Alliance desire to create the most comfortable conditions both for its customers and employees.

Our new address:

172 Gor'kogo (Antonovycha) Str.,7^th floor
Entrance from Ljubchenko Str.
Kiev, Ukraine
tel/fax: +38 (044) 220-15-85

The draft code was prepared by a team of lawyers of Legal Alliance Company in cooperation with AIMP Ukraine.

The document is intended to settle the order of establishment and state registration of data bases, containing health care experts personal data, the procedure of obtaining and handling of such data bases, the conditions of access to personal data and securing them,the conduct of internal accounting and control of the processing of personal data, as well as accountability for violations in this sphere.

In particular, the Company lawyers analyze the perspectives of a subsidiary establishment, along with the representative office.

Legal support for the project is provided by Oleksiy Bezhevets, Partner with Legal Alliance Company.

Over 60 participants attended the seminar, among whom – the representatives of the international and national pharmaceutical companies as well as international associations: American Chamber of Commerce (ACC), European Business Association (EBA), and Association of Innovative Pharmaceutical Products Manufacturers (AIPPM).

The Decree of the Cabinet of Ministers of Ukraine “On enhancement of State regulation of prices for pharmaceutical products and medical devices procured using the funds of the State and the local budgets” was a logical step on the way of the implementation of the State Price Registry of pharmaceutical products and medical devices. However, the aforementioned Decree raises more questions than it offers answers.

During the seminar there was an interesting discussion on the issues of the price registration with the representatives of the Ministry of Healthcare of Ukraine. Many answers to the important questions were generated in the course of such discussion.

The expert speakers of the event were the partners of Legal Alliance Company - Illya Kostin and Alexey Bezhevets. The experts speakers from the Ministry of Healthcare of Ukraine were Valeriy Stetsyv , head of the pharmaceutical sector development department of healthcare industry, and Yanina Tolkacheva, head of the registration department.

Within the framework of the seminar the speakers were able to present in-depth answers to the questions related to the order of price registration for pharmaceutical products, the ideology and methodology of this process, and provide the participants with the answers regarding the order of filling out the respective documents.

The general conclusion of this event may be presented as the comment of one of the participants: “With such an approach, everything is not as dreadful as we thought it was”.

The relevance of the event was caused by the active struggle of the Antimonopoly Committee of Ukraine with unfair advertising, particularly advertising of pharmaceutical products and food products. The Antimonopoly Committee of Ukraine  has also intensified its inspection of dietary supplements which are advertised as a cure for many diseases, while remaining dietary supplements for nutrition, but not medicines.

Meanwhile, the legislation has not determined yet clear criteria for advertising information assessment on compliance with the requirements of fair competition. Officers of the the Antimonopoly Committee of Ukraine are entitled to determine the legality of advertising, having taken into account their own beliefs. An active and timely work on position building and an adequate interaction with the inspection authorities help to solve encountered problems in the most effective way.

During the conference, the visitors of the informational legal web-site Pravotoday asked questions concerning both general rules of the antitrust regulation, as well as the case studies. Ms. Kondratyeva explained features of some advertising approval procedures with the Antimonopoly Committee of Ukraine . She also told about the requirements for advertising medicines and commented the phenomenon of misleading consumers by developers, banking institutions, etc. by the means of advertising.

The full text of the Internet-conference can be found on the web-page of the event.

The “Ukrainian Pharmaceutical Forum”is rightfully considered as oneof the most prestigiousactivities in the sphereof pharmaceutics.This year'sforum was attended bymore thantwo hundred representatives ofthe pharmaceutical business, public authoritiesand specialists of allied industries.

The conference programconsisted of threesession daysandthe focus-day "Clinical Trials in Ukraine".

The Legal Alliance Companywas represented at the forum bypartners Aleksey Bezhevets and Ilya Kostin.

Within the section «Legal Aspects of Regulating the Pharmaceutical Sector in Ukraine»IlyaKostin made ​​a report and presentation on «Benchmarking of Intellectual Property in the Pharmaceutical Sector». In his presentation Mr. Kostindescribed the essence of benchmarking, problematic issues of intellectual property in the pharmaceutical sector, illustrating the above with real examples from practice.

Among participants of the conference there were representatives of large pharmaceutical companies, specialized institutions of higher education, state agencies and social organizations. The main issues, which were discussed at the sessions, were related to marketing, prospects of the pharmaceutical market development and its legislative regulation.

Oksana Kondratieva spoke in the division “Prospects of increasing the segment of special nutrition products and health and beauty aids in the Ukrainian retail market. Regulatory aspects: registration, control”. Oksana Kondratieva reported on peculiarities and practice of the antimonopoly legislation application in the pharmaceutical field, regulatory aspects of advertising and promotion.

Legal support of the project was carried out by Mr. Illya Kostin, Partner with Legal Alliance Company, Ms. Yana Kartseva, Lawyer of Legal Alliance Company, and Ms. Lidiya Sangarovska-Gurlach, Junior Lawyer.

Henceforth, you may find us in the Crimea at: 95034, Simferopol, Bohdan Khmelnytsky Street, 15, office 2.

Phone numbers, fax and e-mail of Simferopol office staff do not change.
We are glad to see you in our new office.

During the event, it was proposed to examine specific cases and court "precedent" cases. The said subject is interesting primarily for managers of marketing departments, brand managers, registration managers of original and generic manufacturers, professionals, state regulatory bodies in Ukraine.

The attention was centered on the analysis of the risks associated with the output of the original product and preventive search for solutions of possible problems: from the expiry of the period of data exclusivity and registration of generic products to the violations of patents on a pharmaceutical product.

According to the speakers, analyzing the practice, experts have developed a classification of violations and, therefore, have highlighted the need to develop specific tactics to protect the pharmaceutical product in each case: from breach of the period of data exclusivity to patent infringement and unfair use of a registration dossier for registration of generic versions. Particular attention was paid to the targeted legal methods - restriction of promotional / tender opportunities of competitors, the abolition of state registration of the products of competitors.

In the role of the speakers were Ilya Kostin, Attorney-at-Law, partner with Legal Alliance Company, Natalia Lavrenov, Attorney-at-Law and mediator, senior lawyer, leading specialist of the intellectual property rights practice of Legal Alliance Company and Leonid Shylovskyy, medical adviser of the company.

Within the project, the lawyers of Legal Alliance Company performed the revision of work with personal data, offered recommendations regarding the adjustments to the Ukrainian legislation in the area of the personal data protection, introduced the changes into the internal documents of the companies. Besides, the lawyers of Legal Alliance Company will assist in getting the personal data bases registered.

Such legal support is performed by Oleksiy Bezhevets, partner, Andriy Gorbatenko, counsel, Yana Kartseva, lawyer, Lidiya Sangarovska-Gurlach, junior lawyer.

The issues of adding the cost of the securities purchase in accordance with their types to the losses, adding the losses of the prior periods to the expenditures, conducting revisions of VAT on the chain of supplies, the statistics of the court decisions on the complaints of taxpayers were discussed at the meeting.

In the result of the discussion, the Committed came to the conclusion that requesting any explanations from the State Tax Administration of Ukraine is useless and made a decision to start the preparation of the request to the Presidential Administration as the body, which may influence the tax policy of the State.

Similarly to that, the struggle with the outrage in the tax area will be conducted by means of the international organizations. In particular, for this purpose, the cooperation with the European Business Association (EBA) is envisaged.

“Life is a struggle. Only concentrated actions of the taxpayers and non-government organizations may cease the outrage!” summed up Mr. Scheglov.

Ms. Oksana Kondratieva told the participants of the seminar about legal aspects of advertising and promotion of medicines in Ukraine in her report. In the frames of this speech the participants discussed some aspects of regulation of advertisement of medicines in Ukraine and were informed about the novelties of regulatory control of medicines advertising, trends of these changes and forecasted results. Discussion of the powers and practice of the Anti-Monopoly Committee of Ukraine in the field of control over medicines advertising also became an important issue. 

In his turn, Mr. Leonid Shilovskiy threw light on one of the most important topics of regulation in the field of pharmaceutics – legal aspects of registration of medicines in Ukraine, in the frames of which the speaker told about the general principles of legal regulation of registration of medicines in Ukraine, in the frames of which the speaker related about the general principles of legal regulation of registration of medicines in Ukraine, as well as about requirements to documents for registration of various medicines in more details. Mr. Leonid Shilovskiy concluded his report by practical recommendations for successful realization of the procedure of registration of medicines.

At present, the project is being realized in three directions, connected with customs issues, registration of medical products and also anti-monopoly investigation.

Legal assistance is provided by the partner of Legal Alliance Company  Mr. Oleksiy Bezhevets, counsels Ms. Oksana Kondratieva and Mr. Andriy Gorbatenko,  as well as lawyer Mr. Alexander Bondar. 

Corporate INTL Magazine annually congratulates the world's leading law firms in specific fields of practice. In each country such law firms are providing a wide range of legal services of the highest quality, characterized by the ability to advise clients on the real economy, investors and key individuals. The study specifies law firms whichhave actively performed theiractivity in the market for the past 12 months and which have demonstrated not only high professionalism, but also international quality of legal services.

According to Natalia Dokuchaeva, business development manager with Legal Alliance Company: “The Company took part in the study by Corporate Intl Magazine for the first time, and received the deserved recognition of achievements in its core specialization on the international level by the jury.The victory of our Company had been preceded by the serious competitive selection, as a result of which the top three finalists were determined. Then, the finalists were invited to supplement their applications withthe materials confirming their nomination. The supplemented materials were again submitted to the jury for examination, and as a result the decision was made in our favor. Practicing pharmaceutical law over a decade, having the largest ofthe Ukrainian companies’ stuff of specialized lawyers and medical advisers, and the most extensive client portfolio that consists of global giants of the pharmaceutical industry, we were particularly pleased that the company's achievements are recognized in the core specialization by the international study”.

Legal Alliance Company was highly recognized in 2010-2011in the field of ​​pharmaceutical law by such studies as the Ukrainian Law Firms-2010, 2011, as well as the Ukrainian Legal Olympus, wherethe Company won the "For the development of the Ukrainian pharmaceutical law" award.

For information:  Corporate INTL Magazine – is the international publication illustrating on its pages the events of industries and market surveys, prepared by experts in the field of national and international business. The monthly audience of the print and online versions of the magazine is about 70 000 people. Corporate INTL Magazine readers are leading managers of legal and consulting firms, enterprises and business associations.

Irina and Yana have  sound legal  experience under their belts, as well as a lot of successful lawsuits and  projects.  and Their joining the Bar has become a logical extension of their legal career.

Legal Alliance congratulates the colleagues with the acquisition of the professional status as an attorney, and wishes every success and new achievements in their work.

The main issues of the agenda was summing up the recent parliamentary hearings on the pharmaceutical sector in Ukraine, activity of the Ministry of Health’s working group on medicines, the results of meetings with representatives of CRO companies working in Ukraine. The initiative on reforming of medicines registration system in Ukraine was a separate issue for discussion.

During the meeting, Partners with Legal Alliance Company Oleksiy Bezhevets and Illya Kostin have held a mini-workshop devoted to the personal data protection in the pharmaceutical business and anti-corruption legislation.

It is worth recalling that from 2011, Legal Alliance Company is an official legal partner of the AIPM Ukraine, providing the Association and its members with comprehensive legal and informational support.

For the information

Association of International Pharmaceutical Manufacturers (AIPM Ukraine) is a Ukrainian branch of the international association uniting more than 80% of manufacturers of pharmaceuticals products and medical equipment in the world. Members of the Association are the largest manufacturers of pharmaceutical products. As its main aims, the Association declares the promotion of national health care, primarily through close contacts with the international medical community, enriching the new information technologies in medicine and pharmaceutical business.

Oleksiy Bezhevets, a lawyer, MBA, Partner with Legal Alliance Company was a speaker at the event, which gathered thirty committee members and interested guests.

As part of his report, Mr. Bezhevets considered the issues concerning the anticompetitive investigations, data protection, counteraction to corruption, continuation of a life circle of a preparation and its protection from competitors, as well as marketing and advertising.

 International Chamber of Commerce (ICC) was founded in Paris in 1919 and today is represented in 127 countries of the world. ICC has a network of national committees in 92 countries. Ukrainian National Committee was founded in 1998 in order to promote the international integration of the Ukrainian business.

ICC Arbitration Court is the first arbitration court which has been registered by Kyiv City Department of Justice since the entry into force of the Law of Ukraine On Arbitration Courts. It adjudicates disputes between residents of Ukraine, both physical persons and legal entities, arising from business and civil transactions.

Information about the court

Permanent Arbitration Court at the Ukrainian National Committee of the International Chamber of Commerce has been registered by Kyiv City Department of Justice (certificate of registration number 001-2004 on 20/09/2004). Legal entities and/or physical persons have the right to submit to the arbitration any dispute that arises from civil or economic relations, except as provided by law. The dispute may be referred to arbitration if the parties have entered into the arbitration agreement (arbitration clause) in order to transfer the dispute to the permanent Arbitration Court at the Ukrainian National Committee of the International Chamber of Commerce.

A clear tendency to strengthen the position of domestic production of medicines, as well as the general tendency of the imported medicines substitution by the domestically produced preparation (so-called “import substitution”), which is reflected in the respective programs of government is observed during the last few years in the pharmaceutical markets of the former Soviet Union. The significant constrains to foreign producers, if they do not deploy their production on the territory of a relevant country are being set.

Considering this tendency, foreign pharmaceutical companies are actively optimizing their business in order not to lose their market position.

The proposed subject of the seminar covered the following topics:

• Overview of the experience of Russian Federation, Kazakhstan, Belarus;
• State policy of medicine import substitution in Ukraine: fundamental provisions;
• Adaptation of foreign pharmaceutical manufacturers: assessment of possible options through the eyes of lawyers.

The first two topics were disclosed in the report format, the third topic was covered in the form of the open discussion.

In the role of the speakers were:

• Oleksiy Bezhevets, Advocate, MBA, Partner with Legal Alliance Company
• Mariia Baranovych, Lawyer with Legal Alliance Company

The ground for filing the claim to the Commercial Arbitration Court was the non-payment by the Ukrainian distributor of the received consignment of medicines.

The claims have been satisfied in full, including penalties and costs for legal services.

Legal support of case was carried out by Partner with Legal Alliance Company Illya Kostin and lawyer Irina Shlyahovskaya.

The legal support for  the case was provided by Mr. Oleksiy Bezhevets, Partner with Legal Alliance Company, Mr. Andriy Gorbatenko, Counsel,   Mr. Olexandr Bondar, Senior Lawyer, and Ms. Yana Kartseva, Lawyer.

The legal support for the case was provided by Mr. Illya Kostin, Senior Partner with Legal Alliance Company, Oleksiy Bezhevets, Partner, Mr. Andriy Gorbatenko, Counsel, and Ms. Yana Kartseva, Lawyer.

Legal Alliance analyzed the policies which govern interaction of the company with the persons who are defined as the subjects of corruption under the legislation of Ukraine

The legal support for the case was provided by Mr. Oleksiy Bezhevets, Partner with Legal Alliance Company, Mr. Andriy Gorbatenko, Counsel, and Ms. Yana Kartseva, Lawyer.

Under the project, the legal services were provided  in the field of Antitrust law, in particular related to the necessity to obtain a permission  of the Antimonopoly Committee of Ukraine on the concentration. Besides, the Client  was granted a legal support for the transfer of the rights to the venture Corporation in order to bring the structure of the Corporation in accordance with a developed model.

The legal support for the case was provided by Mr. Oleksiy Bezhevets, Partner with Legal Alliance Company, Mr. Andriy Gorbatenko, Counsel, Ms. Yana Kartseva, Lawyer, and Ms. Lidiya Sangarovskaya-Gurlach, Junior Lawyer.

Having considered  the explanations prepared by the lawyers of the Legal Alliance Company on behalf of the Client, the Antimonopoly Committee of Ukraine made a conclusion  that the Client’s actions did not contain any violations of the law.

The legal support for the  case was provided by Mr. Illya Kostin, Senior Partner with Legal Alliance Company,  Ms. Natalia Lavrenova, Senior Lawyer, and Ms. Yana Kartseva, Lawyer.

As a result of the antitrust investigation , Poltava regional office of the Antimonopoly Committee of Ukraine made a conclusion there was an evidence of  the breach  by the Client of the  Legal Alliance Company. The Client’s breach was specified in Article 15¹  of the Law of UkraineOn protection against unfair competition  and included dissemination of misleading information, while advertising a biologically active supplement.

Due to the Legal Alliance Company’s lawyers, who had taken complex legal measures in order to support  the antitrust investigation, the Client had to pay the penalty for the Client’s breach of the competition law for the total amount less than a minimum  one.

Mr. Illya Kostin, Senior Partner with Legal Alliance Company, and Ms. Natalia Lavrenova, Senior Lawyer, provided legal support provided legal support for the case.

Under the Ukrainian legislation the Public Council will  be a consultative body, the main purpose of which is to promote increasing role of the public in developing  the state system of the legal protection of intellectual property and the formation of the state policy in this area as well as ensure publicity, openness and transparency in activity of the Public Service.

As a result of the Assembly, the Public Council included representatives of 50 public organizations, independent media, charity funds  and other institutions of the civil society.

Ukrainian Bar Association has been presented in the Public Council by Mr. Illya Kostin, Senior Partner with Legal Alliance Company, an  attorney who has a solid practice in the area of intellectual property rights protection.

According to Mr. Kostin: “We believe the trend of establishing such councils at the state bodies is progressive and their work is quite  efficient. It creates a synergy of the state and the society, which can serve as a basis for making right  and balanced decisions. My mission to represent the Ukrainian Bar Association, the largest association of lawyers in Ukraine,in the Public Council is honorable and very responsible. I am confident that the Association can contribute to the formation of intellectual property protection system in Ukraine in accordance with the highest European standards".

The lawyers of the Legal Alliance Company have achieved  cancelling an unlawful decision of the general meeting of members of the Limited Liability Company, which deprived the forwarding company of a priority right to purchase the part of the Company’s charter capital.

The legal support for the case was provided by Mr. Illya Kostin, Senior Partner with Legal Alliance Company, and Ms. Irina Shlyahovskaya, Lawyer.

According to Mr. Kostin, an attorney: “Our win at the Higher Economic Court of Ukraine was preceded by 18 trials at various levels  associated with the Company directly, as well as with its related companies. Actually, due to the legal means, we have rebuffed a severe corporate raid attack , which began in August last year, and completely paralyzed the operations of the Company. Notwithstanding that, to our great regret, some judges of the local courts turned out to be involved into the raiders’ scheme ,the justice of the Higher Economic Court triumphed”.

Since July 01, 2011 Ms. Kondratieva has been at the head of Antitrust and Competition Law practice area as a Counsel with Legal Alliance Company.

For the last 17 years Ms. Oksana Kondratieva has held positions at the Antimonopoly Committee of Ukraine, having started with a position of a Principal specialist and then a Head of Unfair Competition Enquiry Department, and having achieved a position of a Deputy director of  Competition policy Department at the Antimonopoly Committee of Ukraine.

Ms. Kondratieva’s main practice areas are Competition law, Intellectual property, Unfair competition,  Unfair advertising,  Struggle with  pirate goods and  piracy.

Ms. Oksana Kondratieva has two higher educations – technical education (Kyiv Civil Engineering Institute) and a legal one (Institute of Higher Qualification at Kyiv National University of Trade and Economy). Ms. Oksana Kondratieva took part in a number of international programmes for increasing qualification: in the USA (the Federal Trade Commission), Germany (the Centre for Struggle with Unfair Competition), France (a training trip within the framework of the Memorandum on cooperation in the competition policy field, concluded by the Antimonopoly Committee of Ukraine and the General Directorate of the Ministry of Economics of France on competition, consumption and fight against roguery in France) and Bulgaria (an internship within the framework of the EU Project "Harmonization of competition and public procurement systems in Ukraine with EU standards"). 

Mr. Illya Kostin, a Partner with Legal Alliance Company, has commented on Ms. Oksana Kondratieva’s joining the Company.

According to Mr. Illya Kostin, a Senior Partner with Legal Alliance Company, «In fact, for the last years the Competition Law practice has become more intense in all branches of economy. According to inner statistics of our Company, the quantity of applications and investigations has increased several times in this field. Thus, our desire to strengthen the Antitrust and Competition Law practice area is absolutely logical. We strive to gain sound positions on the legal market in the field of Antitrust and Competition Law. We are sure that we will be able to achieve intended purposes due to cooperation with Ms. Oksana Fridrikhivna Kondratieva.  Two main practice areas of our Company, such as Pharmaceutical Law and Antitrust/Competition Law practice, provide our Company with great opportunities for its further development».

Mr. Oleksiy Bezhevets, Partner with Legal Alliance Company, the former president of the Association  Eurojuris Ukraine, represented Ukraine at the meeting.

This year the meeting was dedicated to media tools in the arsenal of a lawyer and the prospects of using new technologies. Thus, among the reports presented to the participants of the meeting, special attention was paid to the report on the regulation of international money laundering, presented by the representatives of the UN Office on Drugs and Crime, the report The Changing World of Labor by Nicholas Schmidt, representing Delloite, as well as the speech of Benjamin Weissman with Ernst & Young regarding IT-Forensic and E-Discovery.

Mr. Oleksiy Bezhevets shared his impressions about his participation in the  meeting: “Direct communication with colleagues from the Western Europe is very helpful. In addition to establishing new contacts, this is an opportunity to assess trends in the European legal market, compare and evaluate own work and achievements, to exchange new ideas and approaches to business. The meeting was very successful and  busy”.

The issues, traditionally discussed at the conference, included promotion and advertising medicines, the effectiveness of budget planning and its execution, opportunities for information analysis of the pharmaceutical market and the consumer’s budget. Besides, predictions and scenarios of the Ukrainian pharmaceutical market development in 2011-2012 were mentioned.

 One of the most unusual and memorable report of the conference was a speech of  Mr. Andriy Gorbatenko, Counselor with Legal Alliance Company. Mr. Gorbatenko told the audience how it is possible to organize expenditures of pharmaceutical business for legal support in a proper way.

So Mr. Gorbatenko drew the conference participants’ attention to a stable growth of the pharmaceutical companies’ expenditures for legal services, in a view of the legislator’s activity first and foremost. . Statistically about 150 new legal acts, affecting the pharmaceutical industry anyway, were adopted each year during 2008-2010 years.. A significant tendency is also the increased state control, resulting in  the increasedcost of errors (in the form of direct and indirect losses), and the manager’s obscuration of responsibility .  Thus those law firms, which have insured their professional liability, are outstanding due to their advantages.Andriy Gorbatenko also predicted the most popular inquiries to lawyers in the near future, as well as share of the cost for their handling. In his opinion, the leading positions  belong to the traditional issues- advertising and competitive wars, as well as protection of  a product on the market, which is a new trend for the Ukrainian market. -

At the end of his speech, Mr. Gorbatenko made several recommendations for the conference participants concerning savings in the field of legal services. In particular, he recommended to exclude repeated requests to legal advisers, and use a database of legal advices in order to gain answers to standard questions.

 For example, Legal Alliance Company settled the first issue for its clients, having opened  the Extranet – a personal account of each client, containing all the advices  which were given to the client during  the whole period of his cooperation with the Legal Alliance. Moreover, Legal Alliance Company proposed solution of the second problem tfor the pharmaceutical market representatives. For more than a year, a recourse PharmAdvisor, developed by the Company, has been operating successfully. r, It contains  an online database of legal advices for the pharmaceutical business, which allows to reduce significantly the pharmaceutical companies’ expenditures for   typical requests.

Mr. Illya Kostin, a Senior Partner with Legal Alliance Company,  addressed the meeting as a moderator and a  rapporteur.

The Law of Ukraine On Access to public information, which entered into force on May 9, intitles the citizens to to receive all necessary information from the authorities at any time and in a short term. According to the law, the access to information on operations  and decisions of the authorities shall  be conducted: by the means of information disclosure in the media and in official publications; providing information on requests; placing information on the official web site in the Internet; providing information through information services of the authorities. The document stipulates  that " information on operations  of the authorities shall be subject to mandatory disclosure by the authorities". The officers may face a fine penalty for the total of UAH 425-850 for the Law violation.

Mr. Illya Kostin described the new law in a positive way in his speech , having noted  if  its provisions are applied at least partially, people will have  more rights than currently and it will be easier for the lawyers to defend their clients.

All experts of the panel discussion agreed that overall the law is of sufficient quality but its efficiency will be seen in practice because plenty of time has not passed yet since it entered into force.

Legal Alliance Company supported the event  as an organizer of the lawyers’ team.

Tournament for the first time united two amateur Business Leagues – Legal and Pharmaceutical ones. 49 participants of the largest billiard tournaments of the country: Billiard Tournament for lawyers named after S. Lavitskiy and Billiard Tournament for employees of the pharmaceutical industry "Pharma-classic" met at tables of the best Sudak billiard halls.

The tournament  organizers on the part of the pharmacists’ team were Medical Marketing Agency and a group of companies "MORION ". The  general partner of the tournament was traditionally the company "Rentakran", and the partner was the South Law Group. Informational support for the event was provided by Media Partners: legal – Pravotoday and pharmaceutical – Weekly Pharmacy. The tournament was held with the support  of the Ukrainian Bar Association.

During  the first tournament day the participants were divided into two groups according to professional criteria. Each group of participants determined  its top five players, who defended the honor of the team in duels with the five opponents on the second day.

Namely the second day matches determined a winner according to the team points.   The title of the "Great Five" was justly delivered to the lawyers’ team , which  was brilliant at  its meetings, having lost  only one of them. With a score of 4:1 the servants of Themis became winners of the ”Sudak billiard battle: Pharma Vs Themis – 2011”, having proved  the right of their profession representatives to become champions in any kind of sport.

 The conference was attended by over 100 representatives of the pharmaceutical industry – the Ministry of Health of the Autonomous Republic of Crimea, the State Service for medicines, owners and directors of pharmacy networks, manufacturers and distributors of medicines, representatives of relevant associations,   law and consulting companies, social organizations and specialized  mass media.

 Mr. Illya Kostin, a Senior Partner with Legal Alliance Company, was among contributors at the conference.  He presented a report on “New anti-corruption legislation of Ukraine and pharmacy market” to participants of the conference.

Mr. Kostin analyzed possible options of bringing to responsibility for corruption acts in his report, focused on issues of medicines procurement  by  pharmacies, as well as the medicines selection system for public procurements, touched upon separate issues on interaction with medical specialists in formats such as workshops, gifts and souvenirs, participation in expert councils  etc..

Having summarized  the report , Illya Kostin commented: “The  effect of anti-corruption law should not be  considered separately from the law "On Advertising " and the Law "On Protection Against Unfair Competition ". The close correlation    between these rules of law have a significant impact on the entire pharmacy market despite of  ownership forms. Pressure and regulation by the state will be  increased in future.  Having taken into account the absence of sufficient judicial practice in this area, it is recommended to seek legal advice immediately if you have any questions ”.

Preparation of the legal position and evidence in the case took nearly 9 months, consideration of the case in the ICAC - another 9 months.

In accordance with the arbitral award, the  delivered inoperable equipment is to be taken by the supplier and the cost of such equipment and costs connected with its transportation, installation, commissioning are to be reimbursed to the plaintiff in full.

Legal support of the client was performed by lawyer with Legal Alliance Company Yana Kartseva and partner Oleksiy Bezhevets.

During the event the following topics were covered:

1. Legal status of the formulary system.
2. Procedure for inclusion of medicines in the formulars.
3. Use of the formulary system during public procurement.

The relevance of the topic of mini-seminar was dictated by the growing number of legal norms, which are limiting and constraining promotional opportunities of medicines, including tenders and hospital purchases, as well as the increasing role of regulatory mechanisms in selection and choice of medicines for pharmacotherapy.       

Given the features  of the formulary system, and taking into account the lack of criteria for the selection of medicinal products, provided  in the Resolution  of the Cabinet of Ministry of Ukraine of September 5, 1996 № 1071, the speakers outlined the range of such arguments, which, despite its importance and obviousness are not often taken into account during preparation of promotional materials, advertisement activities, visits of medical representatives to doctors and in the tender competition of manufacturers.

Particular interest of the pharmaceutical business is attracted by the registration aspects, which are used to include medicines in the State  formulary of medicines, as well as medicinal chemistry issues, which are directly connected with the safety profile of the medicines  and determine the most objective criteria, which allow to justify a significant difference between the medicines by identifying alter-idem products, the generics as qualitatively different from the original product.

Work-shop with representatives of the pharmaceutical business was conducted by Leonid Shylovskyy, clinical pharmacist, medical advisor with Legal Alliance Company, and Andriy Gorbatenko, attorney, counsel with Legal Alliance Company, chief specialist in pharmaceutical law practice.

During the hour lecture, which was focused on corporate disputes, Mrs. Shlyahovskaya told students about the features of corporate disputes and practice in resolution of corporate disputes in the commercial courts, and also answered questions from students.

The lecture was held for a fifth year students within the frames of the discipline “Corporate Law”.

Legal Alliance Company expresses gratitude to the teachers of the law faculty of the Taurida National V. I. Vernadsky University Ms. Elvira Bekirova and Ms. Eugenia Maltseva for organizing the event

According to the Regulations on the Award, the selection of participants of the program - the candidates for the award winners - is carried out by the analytical unit of the Secretariat of Ukrainian bonuses based on financial analysis of materials provided by companies working in the legal field. Additionally, an analysis of ratings and monitoring of legal market is performed, the data on which is taken into account when drawing up a report on each participant of the program.

During analysis of the Legal Alliance Company’s activity, the quantitative performance indicators (volume of contracts, profit) of the company, the positive dynamics of its development, positioning the company in the pharmaceutical law (market share) segment,  market research data were taken into account, the innovative activities of the company were evaluated, its personnel potential, as well as the compliance of forms and activities of the company with the ethics of doing business.

The project was accompanied by Mr. Oleksiy Bezhevets (Partner with Legal Alliance Company), Ms. Mariia Baranovych (Lawyer of Legal Alliance Company) and Mr. Leonid Shylovskyy (Medical Adviser of Legal Alliance Company).

The Conference, organized by Informa Life Science, was attended by over 100 in-house counsels of leading pharmaceutical companies, as well as representatives of specialized law companies which counsel pharmaceutical sector in different European countries.

The forum participants discussed legal points of view on the last 12 months results of pharmaceutical industry operation, having pointed out the most important legal decisions, adopted in the EU countries, as well as trends of the law and law enforcement practice in 2011.

On May 17 the forum programme was based on mainstream, which covered issues on pharmaceutical product life cycle management, strategies of patent protection, use and misuse of patent, etc. Particular attention was drawn to pharmaceutical companies’ lawyers’ panel discussion, devoted to trade issues, competition and anti-trust law.

The first-day forum ended up with an evening seminar on Russia/CIS: A Practical Guide to Recent Legal Developments Relevant to the Pharmaceuticals Industry in Europe's Largest Emerging Market, which was attended by over 20 companies, interested in business development in the East-European countries.

The seminar was followed by solemn dinner dedicated to the 20th forum anniversary.

The second-day programme was divided into two parallel flows (breakouts). The first breakout was dedicated to Pharmaceutical Law and Update on Regulatory Frameworks. The second one concerned Medtech Law: Legal and Regulatory Frameworks.

According to Mr. Bezhevets, the conference gathered outstanding lawyers, specialized in counselling pharmaceutical industry. The main practices, which were presented at the forum, included patent law, intellectual property, advertising law, IT, litigation (in particular, patent disputes). «The conference was extremely interesting and useful for the further development of our specialization. I have brought a great number of ideas and findings, which will be applied to our practice during the next 6 months», - Mr. Oleksiy Bezhevets said.

In 2011 Legal Alliance Company was recognized in the practices of the corporate law and М&A as well as real estate and construction.

THE LEGAL 500 EMEA annually analyses legal markets and defines the leading companies in certain areas of practice, based on the recommendations of the clients of such companies.

The lawsuit has begun four years ago when the claimant addressed the court with the request to recover the amount of more than 1 million UAH from the heritors of its deceased debtor. As it was established by the court, in 2006 the claimant lent about 9 000 US dollars to the deceased person for the period of one year. It was supposedly reflected in the debenture. However, the debt was not returned because of the debtor’s death at the beginning of 2007. According to the claimant’s opinion, the debt, which has increased tenfold, shall be returned by the wife and minor daughter of the deceased debtor who have received the inheritance.

The court of the first instance refused to satisfy the claim. However this decision was cancelled by the court of appeal that awarded the recovery of the debt from the heritors within the size of the inherited property. The property was arrested.

In October, 2010, the heritors appealed to the Supreme Court of Ukraine. The judges of the highest instance paid attention to the evidence which was not considered by the court of appeal.

The handwriting examination, conducted within the frames of the criminal case, established the fact of counterfeiting the debenture which was not written by the deceased debtor. Besides, it was established on the basis of the lawsuit audio record that the time period allotted for the creditor of the debtor to address the heritors with the request about the debt recovery had expired.

Taking into consideration these facts, the Supreme Court of Ukraine fully satisfied the appeal of the client of Legal Alliance Company (respondent).

The interests of the client were represented by Illya Kostin (Senior Partner of Legal Alliance Company), Anatoly Menshikov (Partner of Legal Alliance Company) and Eugen Scheglov (Senior Lawyer of Legal Alliance Company).

The rating of personalities in this practice is traditionally headed by Illya Kostin, the Senior partner of Legal Alliance Company. The research review specifies: «Legal Alliance Company has taken the leading position in the practice for a long time mostly due to the reputation of the Senior partner of the Company Illya Kostin». The Research also confirmed the reputation of the Counsel of the Company Andrey Gorbatenko as the recognized expert in the pharmaceutical law who takes the fourth place in the mentioned rating of personalities.

Ukrainian Law Firms (A Handbook for Foreign Clients) has been published since 2003 as a guide on the Ukrainian legal market for foreign clients. Besides company ratings in specific practices, the Research also contains survey and analytical articles on various branches of law as well as the information on market tendencies for the past year.

The event was held under the umbrella of the Pharmaceutical Law Committee of the Association of lawyers of Ukraine that was created at the end of 2010.

The right to open the event was given to Illya Kostin, the board member of the Association of Lawyers of Ukraine and the Senior partner of Legal Alliance Company who was recognized by Ukrainian Law Firms (A Handbook for Foreign Clients) as the leading expert in the area of the pharmaceutical law in 2011, as well as to Andrey Gorbatenko, the Counsel of Legal Alliance Company who heads the Pharmaceutical Law Committee of the Association of lawyers of Ukraine. Mr. Gorbatenko was acting as the moderator of the first session of the Forum - Current issues of pharmaceutical products’ access to the market. 

In his opening speech Mr. Gorbatenko concluded: «The necessity of carrying out such event is basically a call of the times because the Ukrainian legislation in the pharmaceutical sphere is on the threshold of significant changes today. Therefore, it is the right time for the legal community to attract attention to the problematic issues, the resolution of which is not possible without amendments to the Ukrainian legislation. It is also the right time to develop a further strategy taking into account possible changes to the legislation. The consolidation of experience of the professionals in the pharmaceutical sphere will have the greatest potential and effectiveness for the achievement of this purpose».

Within three sessions of the event the speeches of lawyers, representatives of state bodies, pharmaceutical business and public pharmaceutical organizations of pharmaceutical orientation were given. The reports were on the issues of pharmaceutical products access to the market, promotion and circulation of pharmaceutical products on the market.

One of the most interesting sessions of the Forum was the third focus session. The experts of this session were the representatives of the leading legal firms and top-managers of the pharmaceutical companies. The discussion among the experts was devoted to the issues arising from the necessity to select one of the legal forms of presence of the international pharmaceutical companies in Ukraine: as a representative office (commercial or noncommercial) or a legal entity.

Within the first session, Leonid Shylovskyy, medical adviser of Legal Alliance Company, also spoke on protection of the information contained in the dossier for registration/re-registration of a pharmaceutical product, data exclusiveness and protection of the pharmaceutical development for an original pharmaceutical product.

The event was organized by the Bioethics Committee at the Presidium of the National Academy of Sciences of Ukraine, Academy of Advocacy of Ukraine, the Ukrainian medico-legal association, the All-Ukrainian medical society, as well as the Information Centre for Bioethics.

The event was attended by over 200 lawyers, medical and pharmaceutical workers, public health organizers, scientists, representatives of public organizations.

The participants discussed issues related to the development of medical and pharmaceutical law in Ukraine, problems of reforming the national health system, moral and ethical aspects of human procreation etc.

Partner with Legal Alliance Company Oleksiy Bezhevets was the rapporteur in breakout session on the topic: "Ethical and legal aspects of pharmaceutical activity."

In his speech, Mr. Bezhevets said: "The balance between commercial interests and social responsibilities and requirements of the law has always been a challenge for pharmaceutical companies. Tightening the competition on the Ukrainian pharmaceutical market leads to an increase in unethical promotion of pharmaceutical products and violations of the law. Many pharmaceutical companies have already faced the attention of supervising bodies. Therefore, questions of appropriate methods of promotion, in particular, the legitimate advertising of medicines are becoming more relevant to them. And for many companies in this regard, there is a lot of work to do."

During the teleconference, Medical Advisor of Legal Alliance Company Leonid Shylovskyy made a presentation on the topic “Legal aspects and law conflict of medical and biological experiments on humans: the organization, attraction of patients, and responsibility.” In his report, Mr. Shylovskyy has analyzed in detail the legislation of Ukraine, which regulates the conduction of clinical trials, performed a comparative analysis of its provisions with the similar ones in neighboring countries, and also paid attention to the conduction of trials involving minors, juveniles and those unable to independently provide the informed consent for conduction of clinical trials.

The seminar was sponsored by the State Service of Ukraine for Medications and Drug Control.

Participation in the event were representatives of government bodies and organizations, managers of pharmaceutical and distribution companies, pharmacies and pharmacy networks; clinical pharmacists, scientists, marketing specialists, analysts and lawyers.
Participants made at a seminar reports devoted to health care reform and its impact on the pharmaceutical industry of Ukraine, innovation in pharmacy, marketing aspects of pharmaceutical activities, as well as legal issues. Within the last session, Mr. Bezhevets presented the report "A Formulary System in Ukraine: the principle of creation and legal assessment of implementation for manufacturers of medications", under which were analyzed the legal status of the formulary system, the procedure for the inclusion of medicines in the forms, and also it was spoken about the use of the formulary system in public procurement.

In accordance with the decision of the general meeting Viktor Mokrushin, a judge of the Economic Court of the Crimea, was re-elected as the Head of the Branch.

Partner with Legal Alliance Company Anatoly Menshikov was elected as a member of the Branch’s Council, which was expanded from three to five people. Besides Mr. Menshikov, Viktor Mokrushin and Vlas Basyul, Marina Semenova, Dmitry Mosienko have entered into the board of the Branch.

Also, the report on activities of the Branch in 2010 and the action plan for 2011 were approved on the meeting.

The event was organized by Comcon Pharma-Ukraine and Morion.

The Conference collected more than 300 representatives of Ukrainian pharmaceutical companies, analysts in the field of pharmaceutical business, and also other professionals of the pharmaceutical market.

During the event, the lecturers discussed such questions as development of a portfolio of innovative products in the Ukrainian market, problems of development of B2B-/B2C-relations on the pharmaceutical market of Ukraine, concerned particularities of structural changes of the pharmaceutical market of Ukraine, localization of production, etc.  The «Concluding debate» titled «Movement vectors on a spiral - prospects of development of the market in the conditions of uncertainty», with participation of well-known representatives of the pharmaceutical industry, and also other companies-participants of the pharmaceutical market had ended the event.

Since February 11, 2011, Leonid Shylovskyy has joined the Company and shall occupy a position of Medical Adviser.

Leonid Shylovskyy has medical and legal education. In 2006 he graduated from the Lvov National Medical University with a specialization in «Clinical pharmacology». Mr. Shylovskyy has received legal education at the Lvov National University named after of I.Franko.

Leonid Shylovskyy has obtained his professional experience while working in such companies as ARTERIUM Corporation, Novartis Pharma, FIC Medical, and also Heel GmbH.

Senior partner with Legal Alliance Company Illya Kostin has commented on Leonid Shylovskyy's appointment in the following way: «Expansion of the Company’s staff is connected with intensive inflow of clients from the pharmaceutical sector, as well as with constant improvement of quality of the legal services provided by the Company. For effective serving of such specific industry as pharmaceutics, it is no longer enough to be just good lawyers. We should possess, in particular, special knowledge in the field of practice of our Clients in order to daily confirm the high status of the legal company №1 in the pharmaceutical law. This is what is exactly expected from us».

It is worth recalling that on January 1, 2011 the Law of Ukraine On protection of personal data came into force. The provisions of the Law regulating processing of such data in «databases of personal data» remain particular interest for pharmaceutical business. The Law foresees obligatory obtaining of the documentary consent for such processing from persons, whose data constitutes such bases, notification of the person on its rights in connection with processing of its personal data, and also registration of databases of personal data in the State body on protection of personal data. Unfortunately, provisions of the Law do not give a complete picture about how it is necessary to carry them out, idea of what to be guided on and on what to pay attention, as well as how to start bringing your own business in conformity with the provisions of the Law of Ukraine On protection of personal data, especially when the company has at its disposal multi thousand electronic databases and card files containing data on doctors, patients, employees, contractors, partners and so on.

Legal Alliance Company was represented by lawyer Yana Kartseva.

The issues related to activities of journalists and media in the context of the new Law, the problematic issues of application of the Law in practice, methods of obtaining the consent of individuals for processing their data, requirements to processing of personal data, order of registration of databases and the order of actions in case of claims from subject of personal data were discussed during the roundtable.

Today the product portfolio of holding STADA CIS includes more than 100 items of pharmaceutical products of different ATC-classes and release forms. Priority attention of STADA CIS is paid to pharmaceutical products, which are used in gastroenterology, neurology, gynecology, cardiology, urology, diseases of the musculoskeletal system and antiviral pharmaceutical products.

Unipharm, Inc. was founded in 1992 and is registered in Maryland (USA). The head office is located in New York. Today it has 8 offices in all over the world and unites more than three hundred highly qualified employees in its staff. The company has been represented in Ukraine since 1995. Success of Unipharm, Inc. is connected with the pharmaceutical products VITRUM ® - the original modern combinations of vitamins and minerals.

Ipsen Pharma was founded in 1929, when Dr. Henri Beaufour founded Laboratoires Beaufour in Dreux, France. Today Ipsen unites about 4,000 employees and puts on the market over 20 pharmaceutical products. The company is represented in more than 100 countries. Ipsen Pharma's product portfolio includes products, which are used in angiology, gastroenterology, cognitive disorders, neurology, oncology, otorhinolaryngology, ophthalmology and endocrinology.

The event was attended by over thirty representatives of national and foreign pharmaceutical companies, as well as representatives of relevant media.

The reports were delivered by the following: Vladimir Ignatov, Executive Director of AIPM Ukraine, Ilya Kostin, attorney, Senior Partner with Legal Alliance Company, Alexei Bezhevets, attorney, MBA, Partner with Legal Alliance Company, and Andrei Gorbatenko, attorney, Legal Counsel with Legal Alliance Company, the leading specialist in pharmaceutical  law.

Within the frames of the event, the reporters analyzed basic legislative acts, adopted in 2010, and also shared the expectations and forecasts for 2011.

Thus, the object of the discussion were the issues of quality control of medicines, regulation of prices for pharmaceutical products, impact of the adopted Law of Ukraine On protection of personal data on the pharmaceutical market, as well as the issues on the control of prescription of pharmaceutical products, the new edition of the Law of Ukraine On Medicines, the draft of Law of Ukraine On the Prevention and Fight against corruption in Ukraine, the draft Law of Ukraine On prohibition of advertising of medicines, and many others.

The special part of the seminar was devoted to the role of nongovernmental organizations in creation of a favorable business environment in the pharmaceutical market, importance of which is increasing in recent years.

The seminar was attended by over twenty managers of foreign and Ukrainian pharmaceutical companies, wanting independently to conduct an initial analysis of the advertising materials for their compliance with the legislation of Ukraine.

Many disputes in the area of advertising arise due to the errors that could have been avoided by careful analyzing of the advertising products before its distribution. Unfortunately, during planning of an advertising campaign, the managers do not always allot time to legal assessment of their "creativity". Skills on compliance with the most specific requirements of the Ukrainian legislation in the area of advertising and competition would help to avoid many problems.

The speakers were the following:

• Alexei Bezhevets, attorney, partner with Legal Alliance Company, MBA.
• Andrey Gorbatenko, attorney, Counsel with Legal Alliance Company, leading specialist of the pharmaceutical practice.

Among the main activities of Point Com Corporation Ltd. are development, integration and solutions’ support for content providers and mobile operators, hardware and software systems for database management, graphical user interfaces, payment systems and instruments for analysis of statistic information, as well as monitoring and warning system for operators and content providers,  development of Java-based applications, SMS, WAP, MMS services, interactive technology, and voice services (IVR).

The Client was provided with the whole set of consultations on tax issues due to  adoption of the Tax Code of Ukraine within the frames of the legal support.

The subject of the agreement was the joint development of a new structural unit of the Association – the Pharmaceutical Law Committee.

Legal Alliance Company has acted as one of the initiators of foundation of the Committee, the need for operation of which in connection with the close attention of legislators and law enforcement bodies to the pharmaceutical market has come already mature.

Among the missions of the Committee is to create the conditions for dialogue and exchange of experiences among its members, joining the efforts of the Committee members with the aim to improve the pharmaceutical legislation, formation of the Association’s position on specific issues of pharmaceutical law, and assisting at the professional development of members.

Currently the Pharmaceutical Law Committee is headed by Counsel with Legal Alliance Company Andriy Gorbatenko.

Mr. Gorbatenko commented on Company's participation in the development of the Committee in the following way: Legal Alliance Company has been practicing pharmaceutical law for over ten years, acting as a legal advisor of the leading players in the pharmaceutical market of Ukraine. As a company, which is practicing the principles of social responsibility, we implement plenty of social projects aimed at developing of pharmaceutical market. Among them are the following: a legal support for the professional pharmaceutical associations; organization of training seminars for the members of the pharmaceutical market; participation of lawyers with Company as  reporters at big pharmaceutical conferences; regular editing of analytical publications, brochures, digests; support for young scientists, examining the issues of pharmaceutical law. As of now, we shall also contribute in the development of the Ukrainian pharmaceutical law, bringing together lawyers, who specialize in this area, within the frames of the Committee. We are confident that there are all prerequisites for the Pharmaceutical Law Committee of the Association of Lawyers of Ukraine to become an effective platform for sharing experience, as well as for the implementation of legislative work.

This decision was taken in early December 2010, upon the results of the electronic survey held in committees of the Association.

At the present moment, this committee consists of more than two hundred and fifty lawyers from different regions of Ukraine.

The issues relating to the procedure of registration and reporting of permanent representative offices of foreign business entities- nonresident in Ukraine, especially book and tax accounting of the later, as well as legal particularities of activity of commercial and non-commercial representative offices were considered in the seminar.

Partner with Legal Alliance Company Alexei Bezhevets, who was the co-rapporteur of the event, informed the participants of the seminar about the legal particularities of representative office’s activities.

In his report Mr. Bezhevets focused on the issues of preparation of representative office’s contracts, power of attorney for the head of representative office, and model regulation of representative office, and also answered the questions from the audience.

The seminar was organized by the nongovernmental organization Council of Independent Accountants and Auditors.

The German law firm Busekist Winter & Partner, located in Düsseldorf, was a hosting party.

The idea of JUMP consists in providing lawyers under the age of 40 years with a possibility to visit each other in different countries, establish business contacts among themselves, as well as with potential clients.

Within the frames of the visit, Alexander Bondar arranged several meetings with representatives of German companies, the Chamber of Commerce and Industry in Düsseldorf, as well as participated in the seminar held by Busekist Winter & Partner that was devoted to Incoterms 2010.

According to Mr. Bondar, the participation in the programme besides interesting and useful meetings, allowed to have an "inside" look at the methods of work of our colleagues in Germany, legal approaches, as well as the creation and development of legal business.

The date of the return visit of representatives of the German company to Ukraine is currently being discussed.

Many disputes concerning taxation arise due to the errors that could have been avoided by careful analyzing of the legislation. Unfortunately, accountants do not always spend enough time on the legal assessment of the tax letters of the STAU during tax planning. Analysis of the innovations of the Tax Code and the requirements of the Ukrainian legislation  in the tax sphere would help to avoid numerous problems.

In the role of the coach was :

• The Senior lawyer with Legal Alliance Company Evgeny Shcheglov,a leading specialist of the tax law practice.

Partner Alex Bezhevets confirmed his reputation of a recognized expert in the environmental and energy law in Ukraine. Mr. Bezhevets previously was named as the most recommended lawyer in the area of the energy law in Ukraine according to the Ukrainian Law Firms 2008 . A Handbook for Foreign Clients.

The research «The Best Lawyers in the opinion of colleagues in the legal business» was conducted under the «Client Choice 2010» - a professional rating study in determination of the best 100 lawyers in Ukraine.The «Client Choice» is an annual all-Ukrainian research of the quality of legal services of Ukrainian lawyers and determination of the best lawyers in Ukraine, which is based on the determination of the best lawyers exclusively through direct questioning of the clients. According to the organizers, in 2010 in order to receive the most reliable data about 2000 Ukrainian enterprises were attracted as the respondents.

The purpose of the Summit is to conduct a constructive dialogue between the representatives of the pharmaceutical community of all levels of the industry and regulatory sectors.

The top managers of the leading pharmacy networks, distributors, domestic and foreign producers, representatives of the Ministry of Health of Ukraine, the State Inspectorate for Quality Control of Medicines of Ministry of Healthcare of Ukraine, the State Committee of Ukraine for regulatory policy and entrepreneurship informs, the Antimonopoly Committee of Ukraine, the State Committee of Ukraine for technical regulation and consumer policy were invited to participate in the Summit.

The Summit will be held in an unusual format. According to the organizers -it is a maximum of a «live» communication - a minimum of regular reports.

A two-day program of events consists of six topic sessions:

• Regulatory policy and the pharmaceutical sector
• Relationships of pharmacy with distributors and manufacturers
• International panorama «Pharmacy: experience of the EU»
• Analysis of the pharmaceutical market: experts opinion
• Legal issues of pharmaceutical activity
• Share of practical experience

Within the frames of the fifth session of the Summit, devoted to the legal issues, Senior partner with Legal Alliance Company Ilya Kostin and counsel with Legal Alliance Company Andrey Gorbatenko will conduct a workshops on the topics:

• Advertising of pharmaceutical products
• Importation of pharmaceutical products into the territory of Ukraine in connection with the entry into PIC / S and the current issues:
  • New licensing conditions
  • Legislative trends
  • What will the Tax Code of Ukraine prepare for pharmaceutical business?
  • The draft of the Labour Code of Ukraine - an outline

The issues of the labor law never lose their relevance, as they  often arise in the day-to-day activities of companies. At that legal mistakes may have different consequences. . The key to success is a a level of preparationof a manager who is responsible for personnel management. This course is designed for managers of pharmaceutical companies, which are responsible for maintaining personnel work, aiming at improvement of their knowledge and the nuances of the various personnel procedures.

In the role of the coacheswere the following:

• Ilya Kostin, attorney, Senior partner with Legal Alliance Company
• Andrey Gorbatenko, attorney, counsel with Legal Alliance Company
• Alexander Bondar, lawyer with Legal Alliance Company/

Legal Alliance Company was named among the best law firms, which among the Ukrainian companies took 25th place and became the 33rd in the overall ranking (taking into account international companies), and improved its performance in four positions.

In addition, according to the results of the survey Legal Alliance Company was named among the leaders based on revenue, number of lawyers, financial efficiency. Legal Alliance Company was indicated among the most transparent companies and also was included into the rating of recognition the most prestigious companies, according tothe survey of the law firms.

The conference was attended by the representatives of pharmacy business, pharmaceutical production, distribution, specialists in pharmaceutical market research, experts in the field of marketing, financial and legal consulting in Ukraine and Russia.

The conference was divided structurally into three topical sections:

1. What will happen to the macro-economy and pharmaceutical market?
2. Pharmacy retail. Risks and opportunities.
3. Anti-crisis marketing and management.

Within the frames of the second section, partner with Legal Alliance Company Alexei Bezhevets deliver a report entitled: "The most "popular" claims to the pharmaceutical business on the part of the regulatory authorities and possibilities of protection".

The issues related to the influence of key macroeconomic trends in the pharmaceutical business, condition, forecasts and significant trends in the retail pharmaceutical market in Ukraine, Russia and other countries; influence of the crisis in the pharmacy network development strategy, marketing and management solutions, which allow to improve efficiency of pharmacy network, and prescription and turnover of pharmaceutical products, relationships of distributors with manufactures and pharmacy networks, and many other issues were discussed on the conference.

The event was organized by Pharmaceutical Marketing Group Business Credit, and Pharmacy Professional Association of Ukraine.

The training was attended by over twenty managers of pharmaceutical companies. The actual topic of the event was caused by the fact that many disputes in the area of advertising arise due to the errors that could have been avoided by careful analyzing of the advertising products before its distribution. Unfortunately, during planning of an advertising campaign, the managers do not always allot time to legal assessment of their "creativity". Skills on compliance with the most specific requirements of the Ukrainian legislation in the area of advertising and competition would help to avoid many problems.

According to the organizers of the event, this course is designed for the managers of pharmaceutical companies, who want independently to conduct an initial analysis of the advertising materials for their compliance with the legislation of Ukraine.

The speakers were the following:

• Alexei Bezhevets, partner with Legal Alliance Company, MBA.
• Andrey Gorbatenko, attorney, counsel with Legal Alliance Company, leading specialist in of the pharmaceutical practice.

During the event the speakers deliver reports entitled "Antitrust investigations into pharmaceutical sector: update 2010" and "Advertising of pharmaceutical products".

Upcoming events of the cycle shall take place on 8^th and 14^th of December and shall be dedicated to labor and tax law issues:

Senior Partner with Legal Alliance Company Ilya Kostin commented on the issue as following: "We took this step in the interests of our clients. Professional liability of a legal company is directed to protect its clients’ property interests against unintentional professional mistakes made by the employees of such company. In our activity we try to correspond to the European and worldwide standards of provision of legal services, and we hope that voluntary professional liability insurance, which became a good tradition in the world’s practice of legal business, will allow even more consolidating of Clients’ confidence in the Legal Alliance Company and in the provided legal services".

The Ministry of Health of Ukraine adopted an order that cancels the order of the Ministry of Health of Ukraine, by which a pharmaceutical product of Indian manufacturer was registered, and which violated the Gedeon Richter’s right to the trademark.

It is worth recalling that a decision was adopted by the Kyiv Commercial Court of Appeal in favor of pharmaceutical company Gedeon Richter on July 21, 2010. The Kyiv Commercial Court of Appeal upheld the decision of the Commercial Court of Kiev, and thereby adopted a decision to cancel the order of the Ministry of Health of Ukraine of 2007.

Legal support of the project was performed by Senior Partner with Legal Alliance Company Ilya Kostin and senior lawyer Natalia Lavrenova.

Within the frames of the event, which was mainly attended by the students of the undergraduate of law faculty Ilya Kostin told about a special nature of work in the law firm in the capital and regions, the main requirements that the employers apply to the yesterday's law graduates, told about other professional realization of a lawyer and answered numerous questions from the audience.

lya Kostin commented on the meeting as follows: “Support for student activities at Tavrida National Vernadsky University became a good tradition for Legal Alliance Company. The company started its activity from the Crimea and many of our employees are graduates of this university. We are planning to continue participation in students’ life of the Crimean law studentship, especially since the latest information technologies, which are used by our company and the University, provide for an excellent opportunity to meet and exchange experiences even in different cities of Ukraine. In 2011 we are planning a series of online meetings with the students, where the students will have an opportunity to talk with practicing lawyers on purely professional topics”.

Partner Alexey Bezhevets presented Legal Alliance Company as a member of Ukrainian delegation at the event.

A format of working part of the Congress - working groups on various branches of law and legal practice areas. This year the participants particularly remarked a success of the corporate law practice group, which took place in an interactive format. Lawyers played a business model on redistribution of corporate rights in the process of implementation of the international investment project.

The key event of the Congress was a regular presidential election of Eurojuris Int. Henceforth, Hans Jonkhout now holds an honorary position, being previously a head of department Eurojuris Int in the Netherlands.

According to Mr. Bezhevts the most interesting occasion of the event was Jim Lawless’s master class, one of the famous English coaches specializing in the development of personality.

The third final day of the Congress was devoted mostly to cultural and recreational activities (excursions to museums, football tournament, etc.) and traditionally ended by a gala dinner.

The conference will be attended by the representatives of pharmacy business, pharmaceutical production, distribution, specialists in pharmaceutical market research, experts in the field of marketing, financial and legal consulting in Ukraine and Russia.

Within the frames of the event Partner with Legal Alliance Company Alexey Bezhevets will deliver a report entitled: "The most “popular” claims to pharmaceutical business on the part of the regulatory authorities and possibilities of protection."

The conference program also includes issues concerning influence of basic macroeconomic trends on the pharmaceutical business; condition, forecasts and significant trends in retail pharmaceutical market in Ukraine, Russia and other countries; influence of the crisis on pharmacy network development strategy, marketing and management solutions that improve pharmacy network .

Teleconference was held within the discipline of MITATM (Modern information technology and active teaching methods), which is taught to the candidates for a master’s degree of the law department and was dedicated to the use of information technologies in law companies.

Within the frames of teleconference Nataliia Dokuchaieva, a development manager with Legal Alliance Company told about the standards in a document control of a law company, the programs and services to be used by lawyers in their day-to-day professional activities, and also responded to the questions of the audience.

Except issues on information technology, the students were interested in issues related to development of a legal business, relationships between a company and clients, and, of course, employment in a law company.

According to Ms. Dokuchaieva: “The principle of social responsibility, which is promoted by Legal Alliance Company, is implemented, including, through our contribution to the development of legal students, formation of a new generation of legal professionals. We are actively involved in educational projects where our experience and knowledge can be useful. It is excellent that today we due to new technologies, may not consider the distance and borders, and therefore, pay the same amount of attention as to the law universities in the capital, and so to universities located in other cities. We participated in the event of such a format for the first time, but would happily repeat it again”.

PharmAdvisor has no analogues in the Ukrainian media landscape. The Project’s objective is to provide the pharmaceutical companies doing business in Ukraine with fast search capabilities and easy access to updated legal advice on the pharmaceutical issues.

The users of the Website are able to access the Ukrainian pharmaceutical legislation, trends in law enforcement practice, examples of solutions of the typical pharmaceutical market issues, as well as the drafts of legislative acts and comments of the recognized experts in the pharmaceutical law.

The following categories of PharmAdvisor consultations are available at the moment:

1. Promotion/Advertising of pharmaceutical products
2. Pricing of pharmaceutical products
3. Production and registration of pharmaceutical products
4. Clinical trials
5. Customs issues related to pharmaceutical products
6. Taxation of representative offices
7. Employment issues
8. Legislation in the pharmaceutical area.

Moreover, the service provides an opportunity to contact lawyers by phone, email or Skype, as well as request a written legal opinion on the issues that are not covered on the website.

According to Oleksiy Bezhevets, partner of Legal Alliance Company: PharmAdvisor - is a quintessence of the experience of Legal Alliance Company that was recognized in 2010 as a leader in the pharmaceutical law of Ukraine. Summing up our legal opinions and expertise in pharmaceutical issues, we came to the conclusion that many of them are universal, and may be used by the pharmaceutical market more broadly. Solutions for typical problems, tips to resolve conflicts with regulatory authorities, warnings in the areas of advertising and promotion of pharmaceutical products, tax issues and particularities of work of the representative offices... All that information is interesting and useful for all pharmaceutical companies doing business in Ukraine. The PharmAdvisor’s mission is to help members of the Ukrainian pharmaceutical market to deal efficiently with their daily business tasks".

So Andrew Gorbatenko, who previously worked as a senior lawyer, is transferred to the position of Advisor. Mr. Gorbatenko works has been working with Legal Alliance Company since 2007 and is a leading member of the pharmacy practice, which is a priority for the Company.

The second increase affected Natalia Lavrenova, previously being a lawyer with Legal Alliance Company. Ms. Lavrenova shall continue its work on the position of Senior lawyer in the Company. Natalia Lavrenova also joined the team of Legal Alliance Company in 2007. The area of Natalia’s responsibility includes practices of corporate law and intellectual property rights.

Senior Partner with Legal Alliance Company Ilya Kostin commented this event as follows: "We warmly congratulate the guys. During the time that we have been working together they have proved with their work that they deserve the highest appraisal. It is their absolute merit without any advances. It remains to wish Andrew and Natalia new achievements on a new career stage, do not slow the pace and move forward!".

Business development manager Natalia Dokuchaeva says about how it was the following: "The concept we have chosen was unusual. We remembered how it all began - a small office and a close-knit team as a family. The optimal solution was an apartment, though it had to adapt the apartment under the present number of employees, and rent three-storey house (smile). And in order to further decorate the event we have introduced a dress code, which was based on the popular concept of "Hipsters". During the whole evening in the ballroom the photographs from the archives of the company were demonstrated, the music played in the style of 50's, competitions took place, and the culmination of the evening became a master class on the retro-dance, in which with pleasure participated all the employees. We have not only plunged into the company's history, the memories of years gone through together, we felt pride for that we are a part of it today. We had a real team-building, in one word - the evening had a success!"

During the event, which was attended by lawyers and business representatives, were discussed the latest developments in the economic process, particularities of application of legislation on the financial monitoring reports for the legal community, the questions of protection of personal data.

Among the speakers of the event was the Senior partner with Legal Alliance Company Illya Kostin, who has told about protection of interests of attorneys in conditions of a new edition of the Law of Ukraine “On prevention and counteraction money laundering”, which entered into force recently. Recall that the attorneys were assigned by the mentioned law to the subjects of initial financial monitoring.

Senior Partner and partner with Legal Alliance Company Illya Kostin and Alexey Bezhevets, who presented the seminar, have opened questions, related to the quality control of pharmaceutical products, code identification during custom clearance of pharmaceutical products, as well as recent tendencies in antitrust investigations on the pharmaceutical market.

At the end of the event was held a presentation of a new information project of Legal Alliance Company in the pharmaceutical area - PharmAdvisor, providing an opportunity of online access to Legal Alliance Company’s legal advices for pharmaceutical companies.

The relevance of such Internet-conference is based on the fact that the Antimonopoly Committee of Ukraine continues its active struggle with unfair advertising. The sight at the same time is taken for one of the most dimensional sphere of advertising market - advertising of pharmaceutical products. Management of the AMCU stands up for fundamental decisions about advertising of pharmaceutical products. Thus, a number of draft laws, which significantly amend advertising of pharmaceutical products are being registered in the Verkhovna Rada of Ukraine and the Ministry of Health of Ukraine. For example, the draft law № 5339-2 prohibits writ forms of verbs; ban on advertising before and after TV programs for children and youth, and the draft law, which is published by Ministry of Health on its website for public hearings proposes to agree the content of advertising material with the Ministry of Health.

A few illustrative AMCU’s cases, such as the decision in the case of Boehringer Ingelheim and "Rainbow Ltd" LLC on imposing of fines of 1 million UAH and 500 000 UAH respectively, have given an impulse for pharmacists to more close and careful approach the issue of advertising content. During inspection, however, comes to the fore an "old" advertising of prior periods, punctures of which can not be changed. The AMCU has activated its inspections also against dietary supplements that are advertised as a cure from many diseases, while being just biological supplements to the food, but not pharmaceutical products.

Meanwhile, clear evaluation criteria of advertising information for compliance with the requirements of fair competition to this day have not been established by law, and the staff of the Antimonopoly Committee of Ukraine have the right to determine the legality of advertising by their own convictions. Active and timely work on creation of a pharmaceutical company’s position, as well as adequate interaction with the inspectors helps to resolve the arisen problems most effectively.

Among the issues that most interested the audience of the Internet-conference: recent trends in the work of the AMCU, a complete ban on advertising of pharmaceutical products; imposition in the advertising of pharmaceutical products concrete doctors or clinics; the prospects for approval of advertising of pharmaceutical products with the Ministry of Health and etc. Many of the participant’s questions were related to particularities of dietary supplements’ advertising..

The full version of the Internet conference can be find on the following reference: http://pravotoday.in.ua/ru/press-centre/events-calendar/conferences/conf-6

The participants of the event were the owners and managers of business, corporate lawyers, practicing auditors and business consultants.

During the workshop, the participants learned about the pitfalls of M&A transactions, the methods of achieving effective structures and ways of solving the problems in conducting mergers and acquisitions transactions.

The seminar was divided into two sections - legal and tax.

Within the tax section there were presented reports on topical issues of taxation of mergers and acquisitions, tax consequences of business restructuring by joining, merging, and the tax consequences of selling of an integral-property complex.

Participants attending the legal section of the event received an opportunity to more deeply understand the legal aspects of the implementation of mergers and acquisitions, particularly in restructuring the business upon mergers and acquisitions, and acquisitions through the bankruptcy. In this section, attendees had an opportunity to learn about the latest raider schemes and machinations, the types of corporate raid: aggressive and civilized (acquisitions), to get recommendations for buyers and sellers (the basic documents of agreements), and also to analyze the typical mistakes and negative factors influencing the outcome of M&A transactions.

Legal Alliance Company was represented at the event by the Senior partner Ilya Kostin, who delivered a report entitled:"The successful restructuring of business upon operations of mergers and acquisitions”, and the senior associate Andrew Gorbatenko, who reported the participants about the legal aspects of implementation of mergers and acquisitions agreements.

Legal Alliance Company Client’s rights were violated by the Ukrainian pharmaceutical company, which uses in its registered pharmaceutical products the invention of the Client without prior obtainment of a license.

Legal support of the project is performed by the partner with Legal Alliance Company Alexei Bezhevets and the lawyer Natalia Lavrenova.

Legal support of the project is performed by the partner with Legal Alliance Company Alexei Bezhevets and the senior sssociate Andrew Gorbatenko.

A scheme of optimization of taxation, a scheme of the company’s work and documents necessary for proper operation of a foreign company, are being developed within the frames of the project.

Legal support of the project is performed by the partner with Legal Alliance Company Alexei Bezhevets and the lawyer Nataliya Lavrenova.

Within the one hour event Mr. Bezhevets highlighted the trends of the Antimonopoly Committee in the sphere of compliance with the requirements of legislation on advertising, told about the legal grounds for bringing to responsibility for distribution of misleading advertising, and also made an examples and analyzed from a legal point of view the most high-profile antimonopoly investigations.

According to Alexei Bezhevts in view of the special relevance of this topic for the participants of a pharmaceutical market, it was decided by the partners with Legal Alliance Company to give series of similar seminars to clients and partners of the company during September-October this year.

Legal assistance of the client is performed by the Senior Partners with Legal Alliance Company Dmitry Aleshko and Ilya Kostin, the senior associate Evgeny Shcheglov and the lawyer Irina Shlyahovskaya.

Within the frames of the project lawyers with Legal Alliance Company had specificly analyzed the possibility of implementation of similar schemes, including with involvement of doctors.

It should be noted that the order of distribution of pharmaceutical products samples in Ukraine is not legally governed yet. However, distribution of pharmaceutical products samples is one of the most important tools for promotion of products in the arsenal of pharmaceutical companies. So it is important to clearly imagine how to implement the project on distribution of pharmaceutical products samples among patients, in order not to exceed the frames established by the current legislation of Ukraine.

Legal support of the project was performed by a partner with Legal Alliance Company Alexey Bezhevets and a senior lawyer Andrey Gorbatenko.

At the meeting, Legal Alliance Company was represented by a lawyer Yana Kartseva.

The working group analyzed the letter of the National Bank of Ukraine of 17.05.2010 № 13-214/2594-8235, by which in connection with the entry into force as of 15.05.2010 of the amendments into the Law of Ukraine of 23.06.2009 N 1533-VI "On amendments to some laws of Ukraine with a purpose to overcome negative consequences of financial crisis" and the Law of Ukraine of 19.03.96 N 93/96-VR "On regimes of foreign investments" foreseen by the Law of Ukraine dated on 27.04.2010 N 2155-VI "On amendments to some legislative acts of Ukraine concerning stimulation of foreign investments and crediting”, the obligatory state registration of foreign investments is terminated.

So according to changes:

• Registration of foreign investments is optional;
• Registration of foreign investments is performed by the Government of the Autonomous Republic of Crimea, regional, Kyiv and Sevastopol city state administrations (either in property or in monetary form);
• Exercising of investment activities in monetary form is not necessarily done through investment accounts opened with authorized banks in Ukraine.

Therefore, the procedure for foreign investment actually comes back to the old order, being valid until entry into force of the Law of Ukraine dated on 23.06.2009 N 1533-VI " On amendments to some laws of Ukraine with a purpose to overcome negative consequences of financial crisis” at least on the legislative level.

However, the practice remains controversial, because the changes were not included in the Resolution of the National Bank of Ukraine "Regulation of foreign investments into Ukraine" of 10.08.2005, N 280 and the Regulation on the procedure and conditions of foreign exchange trading, approved by the Resolution of the National Bank of Ukraine "On approval of regulations of the National Bank of Ukraine” of 10.08.2005, N 281.

It is worth noting also the letter of the State tax Administration of Ukraine dated on 14.04.2010 N 7394/7/22-5017, which establishes an obligation for obtaining of a certificate, confirming payment of income tax by non-residents in Ukraine in case of returning abroad of foreign investments, as well as incomes, profits and other funds received by the foreign investor from his investment activity in Ukraine.

It is rather interesting that in order to obtain such certificate, a list of documents is not exhaustive, and the tax body has a right to request "other documents allowing determining the legality and completeness of non-resident’s income taxation (discounts or tax exemptions).

In connection with the existing conflicts and gaps in the foreign investment legislation, the working group together with EBA drafted a letter to the chairman of the National Bank of Ukraine, V.S. Stelmah in order to bring into correspondence the current legislation in force and to eliminate gaps and conflicts in legislation.

After change of power a legislative activity has increased significantly. Land relations also were among the spheres of life, which had been amended. Moreover, the changes took place as on the level of the entire state and so on regional levels.

• What are the recent major changes in land law?
• What are the recent major changes in regional land laws in Autonomous Republic of Crimea?
• What is the essence of these changes in legislation and what might be their consequences?

These and other questions you may put to the speaker even today on the page of event: http://pravotoday.in.ua/ru/press-centre/events-calendar/conferences/conf-3/

During the event a Senior partner with Legal Alliance Law Company Ilya Kostin and a senior lawyer Andrey Gorbatenko shall deliver reports in the sections dedicated to legal aspects of implementation of mergers and acquisitions agreements and successful restructuring of business based on transactions of mergers and acquisitions.

In his report Mr. Gorbatenko shall talk about the basic characteristics and means of implementation of the M & A agreements, outline the main steps of a buyer and a seller in the preparatory level, stop on questions concerning due diligence, the basic documents of agreement as well as analyze the typical errors and negative factors that affect the results of agreements.

Mr. Kostin, in his turn, shall report in the block on business restructuring. During his presentation participants will learn how to use the restructuring in order to increase the value and attractiveness of their business to a buyer, about the basic methods, directions and stages of restructuring, how to choose the jurisdiction for construction of a holding, and many more.

For participation in the event, please contact Ms. Inna Deputat (+380 44 482 27 88, audit@ap-center.com)

Titarenko Dmitry Sergeevich. Graduated from the Vernadsky Tauride National University with a degree in economic cybernetics, as well as the Law Faculty of Tauride Vernadsky National University. Master of Law. Specializes in real estate, land law. Speaks English, Russian and Ukrainian languages.

Legal Alliance Company many years has been rendering legal support of the activity of representative offices in Ukraine from the moment of opening and on all subsequent stages. More detailed information on the services of the Company in this area can be found here: http://la.com.ua/rus/representative_support/

The Law considerably specified the order and slightly modified the procedure for public procurement in Ukraine.

Adoption of the Law in general is a positive step for Ukraine, however, the law leaves open a number of issues, considering which it is impossible to evaluate chances for stabilizing the situation in public procurement and establishment of a fair and effective system for regulating procurement procedures in Ukraine.

During the Internet conference Ms. Kartseva replied to questions concerning the key changes proposed by the new Law, among which it is worth defining the following:

1. Terminology
2. Scope of application of the Law.
3. The principle of non discrimination of participants.
4. Specification of status of the Authorized Body.
5. Establishing a new procedure for procurement procedures appealing and body of appeal.
6. Procedure for publishing of information, the amount of information, mentioning in the procurement documentation.
7. Main types of procurement procedures.
8. Procedure of competitive bidding.
9. Provisions on procurement contracts.
10. Terms in different procedures for public procurement, etc.

More detailed materials of the Internet conference can be found by reference: http://pravotoday.in.ua/ru/press-centre/events-calendar/conferences/conf-2/

Alexei Shmatko – a trainer and a leading of various workshops having 7 years of experience, an expert on the handling of information, PhD in mathematical modeling, NLP Master, an expert in Erickson hypnosis, a leading licensee of the Institute of rhetoric and Oratory skills (Moscow, http://orator.biz )

Lawyers with Legal Alliance Company upheld in court proceeding position of the representative office of a large pharmaceutical company, acting as the defendant in the case on violation of a trademark intellectual property rights. 

In the claim the plaintiff raised a question on legality of the use by the defendant - Client of Legal Alliance Company of a trademark, allegedly belonging to the plaintiff, as well as the right for the further use of such trademark in the territory of Ukraine. 

During the court proceedings the Commercial Court of Kiev adopted a decision in favor of the defendant.Legal support of the court proceedings was performed by a Senior partner with Legal Alliance Company Ilya Kostin and a lawyer Natalia Lavrenova.

On July 17, 2010 the respective agreement was signed.

At this moment, the procedures of pre-trial dispute settlement are performed with respect to returning by the company-resident of Ukraine of the debt for supplied goods of industrial purpose to Ukraine.

Legal support of the project is performed by a partner with Legal Alliance Company Alexey Bezhevets and a lawyer Yana Kartseva.

Revocation of the order is connected with the violation of claimant´s intellectual property rights.

It is worth recalling that on September 8, 2009 the Commercial court of Kyiv adopted its decision, by which were fully satisfied the claims of JSC «Chemical Plant» Richter Gideon (Hungary) for a partial revocation of the order of the Ministry of Health of Ukraine, according to which a pharmaceutical product of the Indian manufacturer was registered, and also for prohibition to use of the name on pharmaceutical products of own production.

Legal support of the project was performed by a Senior partner with Legal Alliance Company Ilya Kostin and a lawyer Natalia Lavrenova.

Within the frames of the seminar Mr. Kostin discussed the main questions arising from the unexpected visits of official bodies. First of all, it was referred to the behaviour and the order of actions of employees in the reception area, as well as other officers of the representative office, including IP specialists, the order of personal identification of controllers, verification of their powers, recording of the visit, answers to the questions in essence to inspection and to participation in any dialogue with the controllers, providing access to information.

According to Mr. Kostin: «In view of the increasing number of unexpected checks of controlling bodies in recent times, employees of the majority of companies are turned out to be not ready for it, primarily due to the lack of awareness about their rights. In many cases, wrong and incorrect behaviour of such employees during the «sudden» control significantly aggravates the situation. Therefore, in order to protect our Clients, we started the practice of holding of training seminars, where we step by step explain the «rules of conduct» in such situations, develop algorithms of actions and necessary regulatory instructions.»

The project was led by a partner with Legal Alliance Company Alexey Bezhevets and a lawyer Yana Kartseva.

Generally, the complexity of such projects lies in the fact that a direct reference of the names of prescription pharmaceutical products leads to violation of the Ukrainian legislation in the field of advertising that results in additional risks for pharmaceutical companies.

Legal support of the project was performed by a partner with Legal Alliance Company Alexey Bezhevets, a senior lawyer Andrey Gorbatenko and a lawyer Yana Kartseva.

During the seminar, particularities of the application of the Law of Ukraine "On protection of personal data" in the pharmaceutical market were examined, including analyzing of the experiences and the best practices of foreign companies.

Andriy Gorbatenko, the Senior Associate of Legal Alliance Company, delivered a report entitled: "Strengths and weaknesses of legislation in the sphere of protection of personal data. Opportunities and risks for the pharmaceutical companies. "

In his report, Mr. Gorbatenko particularized aspects of the new law, namely, the definition of personal data (PD) and their bases, the turnover of PD, PD’s registration databases and notification regarding the PD bases, form and content of the consent for the use of the PD. During the presentation the goal of PD processing, the PD’s use by the employees of the owner (Manager) of the PD base, the definition of the PD obtained from the public sources, the PD, collection of which does not require the consent were analyzed, considered the possible liability for the use of the PD, as well as the regulations to be developed in connection with the adoption of the Law.

Summing up the report, Andriy Gorbatenko described the weaknesses of the Law, in particular the necessity to register every base of the PD; uncertainty regarding the consent’s form, the need to provide with a large number of notifications concerning the PD’s base; uncertainty about the formulation of the target of processing of the PD in the documents governing the owner’s base of the PD; inadequate legal regulation of the PD’s processing, obtained from the public sources; the need to obtain the consent for the processing of any PD; as well as the lack of clearly defined responsibility for breaching the Law.

It was attended by the representatives of the alcohol and food industries, law firms, patent attorneys, legal experts, representatives of the Customs Service and the Department of Intellectual Property.

Within the frames of the conference there were discussed issues related to the protection against unfair registrations of trademarks for goods and services and utility models; the practice of invalidation of patents and certificates, which were unfairly obtained; the recognition of trademarks for goods as well-known; the court practice of disputes in this area; the practice of the Antimonopoly Committee of Ukraine regarding protection of market participants against unfair competition.

Legal Alliance Company was represented at the conference by its lawyer Natalia Lavrenova, who gave a presentation, entitled: "A review of cases prohibiting the use of a registered trade mark".

The mentioned resolution on security of the claim has virtually paralyzed the work of the enterprise.

The Company filed a cassation appeal on the decision of the local commercial court, whereas it was taken with violation and misapplication of the procedural rules, namely: articles 33, 34, 66, 67 of the Commercial Procedural Code of Ukraine.

Legal Alliance Company has attained the abolishment by the Supreme Economic Court of Ukraine of the illegal decision of the local commercial court on security of the claim of, which allowed unlocking the work of a large company in Zaporizhsky region. Legal support of the project was exercised by the senior partner of Legal Alliance Company Ilya Kostin and the lawyer Irina Shlyahovskaya.

The press-club was attended by the marketing directors, the marketing managers, the brand managers, the product managers, the representatives of senior and middle managers of the marketing departments of the Ukrainian and foreign pharmaceutical companies.

The event was devoted to the evaluation of the used screenplays of possible development of classical and innovative marketing by the pharmaceutical companies. Within the frames of the press-club a round table discussion on the issues of the pharmaceutical marketing in Ukraine was also held. In the discussions there were issues related to the modern laws of global marketing, OTC marketing, as a special phenomenon in the pharmaceutical market, promotion of the Rx-products in the pharmaceutical market, the perspectives of Internet marketing for the pharmaceutical industry, and also the issues of the impact of government regulations on the scope of pharmaceutical marketing.

A review of Ukrainian pharmaceutical legislation has been prepared by the Senior Partner of Legal Alliance Company. Such topics as the legal regulation of pharmaceuticals in Ukraine, advertising of pharmaceutical products and pricing policy, the legal regulation of competition, anti-competitive agreements, etc. were covered in the research.

Along with the review of Mr. Aleshko, the edition contains the publication of the lawyers from Australia, Austria, Belarus, Brazil, Canada, China, Colombia, Czech Republic, Estonia, European Union, Finland, France, Germany, India, Ireland, Israel, Italy, Japan, Korea, Mexico, Poland, South Africa, Sweden, Switzerland, Turkey, USA, UK.

The English version of the review is available here: http://l-a.com.ua/pdf/PH2010.pdf

Access to the system "Extranet" is provided through the Legal Alliance Company’s corporate web-site. The service allows at any time to apply to the documents and other materials that were previously prepared by Legal Alliance Company’s lawyers for the client company. Extranet is equipped with several alternative searching mechanisms, which makes the work of this archive documents more convenient, and the multi-level data security system prevents access to a documents’ database by other parties.

The introduction of the new service was commented by Ilya Kostin, the Senior Partner of Legal Alliance Company in such a way: "Effective interaction with the Clients – is the basic tenet of our cooperation. The more our work is linked to the Internet, the more actual become new solution, allowing receiving an access to the necessary information in the shortest time. We expect our Clients will have access to the archive of their materials before the end of this month. Our Clients from the pharmaceutical industry are the first to receive the keys to the system.

On June 4, the magazine published the results of the rating of the most successful attorneys of Ukraine, which was prepared by Focus for the first time. According to the magazine, all specialists were selected in TOP 30 based on expert appraisals assigned to each candidate by their competitor colleagues, Association of Lawyers of Ukraine. Moreover, judges brought out their opinion for the first time. Appraisals were assigned based on six criteria: understanding of client’s interests and ability to propose effective problem solution methods; development of effective (variative, creative) interest protection strategy; quality of procedural documents preparation; tactics of conducting a case/oral pleading; moral and ethical qualities of attorney, as well as professional mediation (ability to persuade the opponent to make a settlement). The experts assigned 0 to 5 scores to each candidate, provided that 5 was the highest score.

Full information on the rating can be found here: http://focus.ua/charts/122664.

The Ukrainian legal services market research highly appreciated the lawyers of the Company in the rating of individuals. Thus, Illya Kostin, a Senior Partner of Legal Alliance Company, headed the list of the most competent lawyers practicing in the area of medicine and pharmaceutical law. Andrey Gorbatenko, Senior Attorney of the Company, is also included in the Top 5.

Survey of the market participants’ opinion demonstrated that along with Mr. Kostin colleagues also named Dmitry Aleshko, a Senior Partner of the Company, as a reputable specialist in the above-named area.

Ukrainian Law Firms 2010 is a guide that provides foreign clients with information on key branches of the Ukrainian law and annual monitoring of deals on the market, and shows the latest tendencies of law firms.

Andrey Gorbatenko, Senior Attorney of Legal Alliance Company, and Natalia Lavrenova, Attorney, answered the online conference participants’ questions.

Such issues as violations of trademark title as signs of unfair competition, coordination of operations economic entities, as well as deception of consumers by means of advertising, and consequences of such actions were discussed within the framework of the event.

You may find the whole text of the online conference at: http://conf.ligazakon.ua/conference/competition-amku.htm

Legal Alliance Company, representing the interests of pharmaceutical companies in Ukraine for many years, was represented by Andrey Gorbatenko, Senior Attorney.

According to Mr. Gorbatenko: «This event was of great interest both for pharmaceutical market players and for law firms. Recent developments connected to AMCU’s retrograde policy with respect to well-known pharmaceutical companies confirmed a necessity of closer cooperation between representatives of both industries. However, the advertising issue, being one of the most topical today, was not sufficiently elaborated. Alongside with that spokespersons paid attention to such matters and pricing, reimbursement, mergers and amalgamations, dumping, as well as legal regulation of AMCU’s activities.

The program was arranged by the Mediation Business Center at Kyiv-Mohyla Business School. Mediation processes and mediator’s role therein, mediator’s competence, dispute settlement methods including alternatives to judicial proceedings and arbitration, process structure and stages, as well as necessary communication skills were reviewed within the program. The participants developed techniques, enabling to shift the focus of attention from own positions to those admissible for both parties to the conflict, using such methods as correct questions, reframing, reality test, paraphrasing, mirror reflection etc.

According to Natalia Lavrenova, mediation today is one of priority dispute settlement lines between the parties. More and more often, customers seek intermediations, because due to its flexibility and dynamism mediation helps solving a conflict without finding “winners” and “losers”, finding point of contact between the parties, developing best quality solution, and to ensure a possibility of further cooperation between them.

The topicality of event participated by senor managers, representing the foreign producer of pharmaceuticals having operations in Ukraine, was explained by the change in the legislator’s approach to the definition of unfair advertising of pharmaceuticals. It should be noted that the existing approaches have resulted in imposition of considerable fines on the key players at the pharmaceutical market in this country, and may result in a high risk of response on the part of supervising authorities to violations occurring in the industry.

Two panel meetings were planned at the event. The first part of the meeting was a closed round table discussion with the subject Protection of Interests of Foreign Pharmaceutical Companies in Ukraine. New Competition Rules. Executive Director of AIPM Ukraine Vladimir Ignatov and Senior Partner of Legal Alliance Company Ilya Kostin acted as moderators.

At the second panel meeting the Partner of Legal Alliance Company Aleksey Bezhevets held a practical training Acceptable Promotion Methods in Pharmaceutical Business, where the attention of participants was focused on the hidden risks for advertising and marketing that may occur for pharmaceutical companies. The participants became aware of the recent court practice in the said area, heard analytical presentations, and were given an opportunity to ask questions of concern for them to practicing lawyers.

At the event the partners answered questions of the portal audience with respect to the most recent legislative novelties that have brought or may bring significant changes to operations of representatives of pharmaceutical business. It is the draft amendments to the Procedure for Government Control over Quality of Medical Preparations Imported in Ukraine, and Clarifications of the Ministry of Economics No. 3303-25/2973-07 of 14.04.2010 re application of the Regulations for Public Procurement.

The participants of the internet conference were interested in the issues connected to the procedures for acknowledgement of foreign GMP certificates in Ukraine, laboratory examinations of imported medical preparations, cancellation of the Regulations for Trade in Medical Preparations, government control over quality of medical preparations, procedural issues of procurement of goods, works and services with public funds etc.

See the complete transcript of the Internet conference at: http://www.pharma.net.ua/ru/node/15718

At the event the participants (most of them - representatives of Ukrainian patients’ associations) had an opportunity to learn more about the role played by non-profit organizations, their possible cooperation with pharmaceutical companies, and share their expertise as to such cooperation during lively discussions.

At the event the Legal Alliance Company was represented by its Senior Associate Andrey Horbatenko who made a presentation dedicated to the legal aspects of non-profit organizations’ activities. Mr. Horbatenko said the patients’ associations are dealing with charitable activities as a rule: acceptance and provision of charitable assistance in the form of property or funds. Therefore, it is important to understand what is deemed to be a charitable activity from the legal point of view. The speaker focused on the tax issues related to the non-profit organizations established for rehabilitation purposes, he gave a detailed account when an organization may be exempt from taxes and in what instances it has to pay taxes. The audience demonstrated special interest in the part highlighting the financial activities and tax inspections.

As free legal services the Company will give free legal advice and provide other legal assistance to the following categories of clients:

• Low income individuals;
• Charitable and other non-profit organizations;
• Small-scale business entities.

If the said initiative finds support among the attorneys’ associations in Ukraine the First Ukrainian Day of Free Legal Advice is proposed to be held on regular basis on each third Tuesday in May.

Despite particular legal restrictions limiting the interaction between the above players operating at the pharmaceutical market, the new scheme provides with an opportunity to establish cooperation between a specific pharmaceutical company and some drug store network without the need to violate the effective provisions of the applicable Ukrainian laws.

Andrey Horbatenko, Counsel, Legal Alliance Company said “Application of the scheme allows pharmaceutical company to efficiently organize and control the actions of drug store networks connected with merchandizing, as well as keep track of fulfillment by drug store of its contractual obligations.”

The Project is supervised by Senior Partner, Legal Alliance Company, Ilya Kostin, Partner Aleksey Bezhevets, Counsel Andrey Horbatenko and associate Yana Kartseva.

The appeal was satisfied in full. The plaintiff claims were dismissed due to failure to meet the pecuniary liabilities due to the insurance company.

The Project was supervised by Senior Partner, Legal Alliance Company, and Evgeniy Shcheglov.

Within the project framework the Company’s lawyers consulted the client with respect to improvement of organizational structure of the non-resident pharmaceutical company and developed some key documents dealing with the corporate policy of representative office.

The Project was supervised by Senior Partner, Legal Alliance Company, Ilya Kostin, and Counsel Andrey Horbatenko.

The Crimean Chamber of Commerce and Industry acted as the host for the workshop.

At the workshop the following matters were subject to discussion: new land registration regulations (rules) effective as of 01.05.2009, incorporation or division of land plots, new requirements to technical land management documentation, and the new state land ownership act, obtaining state land ownership acts, provisional procedure for commissioning of ready residential houses etc.

Irina Pustovitenko, Partner of Legal Alliance Company, made her presentation for the workshop participants about registration of land-related transactions as pursuant to the applicable regulatory acts. Sergey Titkov, Deputy Chairman of the Commercial Court of the Autonomous Republic of Crimea, gave the outline of a court practice as an element of legal regulation of the land market relations in Ukraine. He delivered the analysis of the existing practice case-law of the Higher Commercial Court and the Supreme Court of Ukraine with respect to the above issues. Putting focus on the current problems, the speaker offered some solutions from the point of view of a practical judge.

Tamara Belousova, Deputy Head, the Land Resources Committee of the Autonomous Republic of Crimea, gave her overview of the so-called laws supporting land developers and land users. During the discussion the participants gave their assessment of the actual opportunities provided in the said normative acts.

In the Ukrainian jurisdiction “Legal Alliance” got a high ranking for its corporate practice, mergers and acquisitions and real estate and construction.

With respect to the corporate law practice and mergers and acquisitions special credits were given to the partners Aleksey Bezhevets and Anatoliy Menshikov. The key company expert as to the real estate and construction practice was the partner, Irina Pustovitenko.

During one hour live broadcast Mr. Kostin explained to the audience some peculiarities of the national laws governing legal relations in the area of pharmaceuticals’ advertising, told about the mistakes made by advertisers and advertising companies in the above field.

Ilya Kostin focus on growing attention paid by the controlling bodies to observance of the provisions of the Laws of Ukraine “On advertising” and “On protection from unfair competition” by pharmaceutical companies.

The services comprised advise on hot tax-related issued and also issues related to day-to-day operation of the above representative office.

The Project was supervised by the Partners Anatoliy Menshikov and Aleksey Bezhevets.

* ADONIS DATA AS was incorporated in 1988, it is one of the oldest developers of software for maritime navigation.

At 11.00 the Internet conference was arranged where Legal Alliance Company Senior Partner Ilia Kostin and Partner Aleksey Bezhevets gave on-line answers to the questions posed by Liga. Zakon Portal users.

At 16.00 all who wished to do so might attend the workshop having the same title held in Office of Legal Alliance Company and deliver their questions to be answered by company partners.

Topicality of the above events was substantiated by the fact that currently it is observed a change in the application of Article 21 of the Law of Ukraine "On advertising" and the Law of Ukraine "On protection from unfair competition”. Previously, marketing and advertising professionals did not pay enough attention to the statutory requirements, but recent application by the Antimonopoly Committee of Ukraine of the sanctions stipulated in the Law of Ukraine "On protection from unfair competition” due to breach of the provisions of the Law of Ukraine "On advertising" bring about some changes to the earlier existing situation.

It is evident that substance prevails over form. Linguistic explorations that were capable of protecting an advertising company from claims put forward by a supervising authority are no longer relevant for investigations carried out by the Antimonopoly Committee of Ukraine. The focus is put on the perception of advertising slogans by consumers.

Some time ago, the sanctions imposed by the Antimonopoly Committee of Ukraine for similar infringements was quite modest (minimum amount), presently the amount of penalties is significantly larger.

Internet conference materials are here.

The conflict between the parties was based on ambiguous interpretation of the equipment supply agreement’s terms and conditions as a result of which the Supplier intended to enforce payment of the debt and penalties under the agreement, and the Customer was trying to terminate the Agreement and obtain repayment of the funds earlier paid.

Initial legal claim amount was UAH 1,421,628.28.

In the course of the mediation procedure which took 3 days the Parties managed to find common ground that resulted in mutual compromise.

Legal assistance to the dispute was provided by Legal Alliance Company Senior Partner Ilia Kostin and Associate Natalia Lavrenova.

Irina Vasilievna Pustovitenko. Graduate of the National Yaroslav Mudryi Law Academy in Kharkov. Previously, Irina Pustovitenko worked on the position of Office Head in the Commercial Court of the Autonomous Republic of Crimea. Mrs. Pustovitenko main focus is lad law, real estate transactions, title protection cases, and corporate law. She represents clients in civil and commercial cases, and has extensive expertise of delivering advice to foreign and domestic clients with respect to issues connected with recordation of ownership rights to real estate property, support to transaction dealing with purchase and sale of real estate as well as protection of clients being parties to notorious land disputes.

From February 10, 2009 until February 10, 2010 a provisional administration was appointed by the National Bank of Ukraine for Nadra Bank and a moratorium was imposed on creditor demands’ satisfaction. In their objections to the legal claim the Bank stated that the Court had to take into account the moratorium.

Nevertheless, the Court found the arguments put forward by the Plaintiff as justified and ruled to allow the legal claim in full.

Legal assistance to the Plaintiff was provided by the Legal Alliance Partner Ilia Kostin and Associate Natalia Lavrenova.

9 pages of the publication provide customary publications and reviews of the members of legal firms’ network from different countries and advance advertisements and post-releases covering international events hold by Eurojuris int. for the network participants.

March Issue includes the following papers:

Legal Focus, Juan Pablo Mosquera, Bogota, Colombia www.mosquera-abogados.com

Inheritance tax: Catalonia reform, Carlos Prieto Cid www.tarracoiuris-abogados.com

Panama incentives for foreign investors www.kuzco.com

Issue announces:

1. Annual Practical Group Days of Eurojuris int, May 27-30, Marrakesh.

2. Legal Reference Book “Doing business in Ukraine”, developed by the Legal Alliance Partner Aleksey Bezhevets and Associate Iana Kartseva.

Pdf-version in English may be found here.

At the Internet Conference the issues were discussed dealing with the legal framework governing the operation of non-resident entities’ representative offices in Ukraine, the procedure for accrual of taxes, tax inspections carried out on such representative offices, and tax-related risks.

Mr. Bezhevets also provided his clarifications with respect to the difference existed as to the identification and taxes paid by non-profit representative offices and commercial representative offices carrying out business operations in Ukraine as pursuant to international conventions and regulatory acts issued by the State Tax Administration of Ukraine (GNAU).

The Internet Conference may be viewed here.

In particular, Mr. Bezhevets delivered his opinion on legal relations in the area of Ukraine’s fuel and energy industry, and participated in the oral hearings taken on the above Case in Stockholm on 8-12 February this year.

Pursuant to Clause 4.1, Procedure for prohibition (suspension) and withdrawal from circulation of pharmaceuticals in the territory of Ukraine as approved by Order No. 497 of the Ministry of Health Care of Ukraine of 12 December 2001, incompliance of pharmaceuticals with the requirements stipulated in regulatory documents creates the grounds for temporary prohibition (suspension) of circulation of such pharmaceuticals.

One of such incompliances may be incompliance of the font used on package and package insert with the requirements set forth in Order No. 426 of the Ministry of Health Care of Ukraine of 26 August 2005.

The temporary prohibition may be imposed by both the State Inspectorate for Supervision over Pharmaceuticals Quality and the regional subdivisions thereof. The control of the font size shall be carried out by relevant inspectorates at the time of import of pharmaceuticals in Ukraine.

At the same time, taking into account the fact the font size used in the package poses no damage for human health and life, the State Inspectorate for Supervision over Pharmaceuticals Quality may permit sales of a pharmaceutical having inappropriate font size.

At the event Senior Partner, Legal Alliance Company, Dmytro Aleshko shared with the participants his experience in this area. The participants heard clarifications about the procedure for preparation and delivery of documents necessary to obtain relevant permits from the Inspectorate.

The seminar participants had an opportunity to ask questions related to the government control over the pharmaceuticals’ quality and compliance of drugs with the requirements set forth in the regulatory documents.

According to Nataliia Dokuchaieva, Business Development Manager of Legal Alliance Company, the visit was initiated first of all by the Company's employees. After the end of all New Year holidays the kids were not expecting any guests, so they were quite surprised to see us. And we were pleasantly surprised with the atmosphere of this orphan asylum. It seemed like we visited one big family, where each child demonstrates kindness, respect and sympathy. We were very glad that those little bits of help we could provide to this asylum would somehow improve the everyday life of those children. We hope they will have only the warmest memories of our visit.

* Mepha Pharmaceutical Company was established in 1949 in Switzerland. Its portfolio counts over 100 medical products, including Decatylen, Neurorubine and Olfen. The name of the Company – Mepha – is the combination of two words, medicine and pharmacy. Mepha started its activities in Ukraine since 2007.

During this online meeting Mr. Kostin answered several questions, which bothered all pharmaceutical market members, and were urgent both in 2009 and in 2010.

Within three hours of online communication, various questions were put to Ilya Kostin concerning the registration and monitoring of prices on medical products, tax inspections performed by some pharmaceutical agencies, and labor law in the work of pharmaceutical agencies.

Watch the meeting on-line

Legal Alliance Company's team composed of Nataliia Dokuchaieva, Stanislav Tytov, Iuliia Cherniavska, and Ielyzaveta Fedorchenko was among nine teams taking part in the culinary competition.

At the very beginning of the event, the participants and guests of the event have been familiarized with the Spanish cuisine traditions and some trends of preparing the most wide-spread dishes, among which the snacks "tapas" take special place. After that, every team was given the main ingredients of tapas – royal shrimps, grapes, toasts, sauces, olives, various greens and vegetables, by offering to prepare their choice of dishes.

As a result, even those who have never dealt with the Spanish cuisine, neither as a cook, nor as a taster, coped with the task. You can see the achievements of our team at the photograph

We would remind you that in October this year, Oleksiy Bezhevets received the degree of Master of Business Administration, by defending successfully the graduation work in the following subject: "Development of Business Strategy for the Ukrainian Law Firm for the Period of Economic Recession".

The representatives of the Ministry of Health of Ukraine, the Ukrainian National Committee of the International Chamber of Commerce, the State Department of Intellectual Property, legal experts, attorneys, lawyers, manufacturers of pharmaceuticals, their distributors took part in the event.

The speakers of the Conference considered such issues as legal protection of pharmaceuticals' names, composition, and manufacturing method, the effective legislation regarding the intellectual property and the registration of pharmaceuticals, protection of intellectual property rights through state bodies and court instances, as well as features of effecting forensic examinations in the sphere of pharmaceutics.

The report of Andriy Gorbatenko, senior lawyer of Legal Alliance Company, in the subject "Protection of Rights to Marks for Goods and Services for Pharmaceuticals with Non-resident's Participation" revived the participants' interest.

According to Mr. Gorbatenko's words, the event was interesting for both specialists in jurisprudence and representatives of the pharmaceutical market. The keen interest in the event evidences that for manufacturers the topicality of issues of intellectual property rights' protection is being stably increased. For the last few years, the judicial practice in these issues has been considerably enriched, though common approaches to certain aspects have not been developed yet. The specialists' experience exchange within the framework of such events contributes to the development of such common approaches and therefore contributes to the true and timely decision making.

On December 12, this year, the Ukrainian Bar Association Department in Kyiv organized the First Annual Trapshooting Tournament among Lawyers, which took place at Sapsan shooting sports complex.

The members ofthe UBA Department in Kyiv and their families, as well as all guests of the event participated in the tournament dedicated to the Defender of the Motherland Day.

Aleksey Bezhevets, the Legal Alliance Company Partner, tookthe honorable second place in close competition with Vitaly Serdiuk, Partner of Aktio JSC law firm, who was only one point ahead.

According to Mr. Bezhevets, the event was amusing and cheerful. It was all the more entertaining, considering that all the participants had an opportunity to combine communication with both their colleagues and their families. Many thanks to Andrey Manorik for the organization of this tournament!

Based on Ukrainian Bar Association materials

Legal Alliance Partner Aleksey Bezhevets said: "The principal objective of this booklet is to assist pharmaceutical companies in Ukraine to resolve their day-to-day operational issues. Summary of our expertise of how to deal with the assignment brought by our Clients enabled us to determine the topical issues such as pharmaceuticals advertising, intellectual property and regulation of prices for pharmaceuticals".

The booklet provides legally based and practically tested approaches to resolution of some issues related to the above areas. The section dealing with the pharmaceuticals advertising gives answers the questions on distribution of information about medical preparations at press conferences, in specialized booklets, among doctors and patients, the correct way of placing the information about prescribed drugs on web-site, and the risks of use of the superlative degrees of comparison in pharmaceuticals advertising.

The section dealing with the protection of intellectual property rights presents the benefits of pharmaceuticals' patent protection, gives analysis of effect of international patents in the Ukrainian territory, and the position with respect to the protection of rights for active agent of a medication.

Finally, the section "Regulation of prices for pharmaceuticals" gives answers the questions about the mechanism of price regulation, criteria applied by domestic and foreign manufacturers, approach to determining the price for an imported product, average rate of the interbank market, date of sale of medical preparations, effect of manufacturers' discounts on establishment of the price for imported product, procedure for formation of purchase and retail price, responsibility incurred as a result of breach of price discipline, and list of authorities supervising compliance with the price discipline.

The booklet "PHARMABUSINESS: topical issues. Advertising, intellectual property and prices" will become one of the New Year presents prepared by the Legal Alliance Company for the actors at the pharmaceutical market.

The Event was held under the slogan "Ukraine-2010: government regulations vs. pharmaeconomy - legal regulation of pharmaceutical activities or Ukraine without medications" and was attended by 170 representatives of the market, such as manufacturers, distributors and pharmacies' employees.

Dmytro Aleshko, Senior Partner, LC "Legal Alliance", made presentation "Legal analysis of medication market regulation: state procurements and price monitoring", where he gave a description of the situation existing in Ukraine and review of foreign practice of the regulation of process for medical preparations. At the end of his presentation Mr. Aleshko presented his view of how the national model of medication market regulation can be modernized through:

On August 12, this year, the Higher Administrative Court of Ukraine adopted a decree, by which it satisfied the cassation of the Ore-Dressing and Processing Enterprise, cancelled the decree of the appellate instance and confirmed the decree of the court of first instance, according to which it was refused to satisfy the plaintiff's claims of the Fund of Social Protection of Invalids.

On November 19, this year, the judgement of the Higher Administrative Court was left unchanged by the Supreme Court of Ukraine.

Yevgeniy Shcheglov, senior lawyer of Legal Alliance Company, represented the interests of the state enterprise at the court of cassation instance.

By its judgement, the Higher Business Court of Ukraine confirmed the legal position of Legal Alliance Company, being the legal councillor of the Small Company.

Anatoliy Menshykov, partner of Legal Alliance Company, lawyers Oleksiy Zdorov and Nataliya Lavrenova, represented the Client.

Illya Kostin, partner of Legal Alliance Company, and Nataliya Lavrenova, lawyer, represented the interests of the Ukrainian State Production Enterprise "Izotop".

* Pharmaceutical company Boehringer Ingelheim, established in 1885, today has 143 representative offices in 47 countries with the total number of employees exceeding 38,400 persons. The company actively develops and produces innovative pharmaceuticals of prescription and non-prescription selling, among which Lazolvan, Finalgel, Guttalax, etc. are known in Ukraine.

The national department of Eurojuris in Ukraine was represented by Vitaliy Tytych, managing partner of JSC "Vitaliy Tytych and Partners", Inna Poltavtseva, executive director of JSC "Vitaliy Tytych and Partners", as well as Oleksiy Bezhevets, partner of Law Company "Legal Alliance", who attended the congress as President of Association.

The official part of the event represented a number of workshops from the British and Maltese specialists, dedicated to crisis management of law firms.

Also the participants had the opportunity to attend special trainings in various areas of law. The Ukrainian delegation took an active part in the sections "Financial Risks", "Business and Corporate Risks", "Liability Risks" and "IT Risks", as well as "Tax Law", "Bankruptcy", "Banking and Corporate Law".

Within the framework of the section on tax law Oleksiy Bezhevets presented the report in the following subject "Doing business in Ukraine via a subsidiary company or a representative office: taxation issues".
The unofficial part of the congress was traditionally opened by the national exhibition, which enabled the delegations to represent features of culture, beverages, souvenir products of their countries.

The event participants included businessmen, public officers, representatives of non-governmental organizations and mass media. Legal Alliance Law Company, which is actively involved in the pharmaceutical law practice, was represented by its Senior Lawyer, Andriy Gorbatenko.

The situation related to adoption of the Law on Moratorium on Price Increase on Medical Drugs and Medical Products by the Verkhovna Rada of Ukraine, which provides for fixation of prices on medical drugs at the level of July 01, 2008, was put in the agenda of the debates.

According to Mr. Pasichnik Mykhaylo Frantsovych, Chairman of the Professional Pharmaceutical Association, first of all, the introduction of moratorium will hit drug-stores and lead to withdrawal of most of them from the market.

Andriy Gorbatenko laid emphasis on this Draft Law conflict with the Constitution of Ukraine with regard to the authorities of the Verkhovna Rada of Ukraine in the field of price regulation and drew attention to the obligation of the state to cover damages arising in consequence of underpricing as provided for in the Economic Code of Ukraine.

The special emphasis was laid on the problem of reimbursement to suppliers of medical drugs and medical products. Within the framework of discussion, the participants analyzed the consequences of the Law coming into effect and came to the conclusion on their potential hazard not only to the pharmaceutical entities, but also to the whole system of population epidemiological security in the country.

Mr. Dmytro Aleshko, Senior Partner of Legal Alliance Law Company, took the third place of honour, having lost only to Grygoriy Tolmachev, lawyer of Legitimis Joint-Stock Company, and Vyacheslav Shchepanskyi, Head of the Security Department of the Simferopol Branch of Pivdenny Bank, who took the first and the second places of the winners' podium respectively.

Playing skills of Grygoriy Tolmachev, novice at the tournament, who beat two of the strongest players of this season, made much impression on many a man. Let us remember that Dmytro Aleshko took the first place, and Vyacheslav Shchepanskyi became the third of twoscore of the best lawyers-billiard players of Ukraine at the open lawyers' billiards tournament named after S. Lavitsky held in Sudak in the beginning of October.

From now on, comments of the Company's lawyers on actual legal matters and fresh first-hand information are available in Microblog format.

Information regarding newsline updates are available through Web-interface on twitter.com web-site, with the help of clients for all operating systems, Jabber or Skype messages, the appropriate bots as well as SMS. In the nearest future, Twitter widget will be installed on the Company's Web-site.

of International Business Relations, Steinbeis University Berlin by successfully defending his thesis Business Strategy Development for Ukrainian Law Office in the Period of Recession.

IBR's MBA program is currently one of Europe's Executive MBA programs with different intensity levels. In 2 years of interactive training under the supervision of educators resident in various countries, students are able to gain precious knowledge, skills and practical advice, which are then used directly in professional practice.

I feel very happy about the results of my studies. Also indicative is the fact that I intensively use my newly acquired skills of doing business in practice. In one way or another, the knowledge I got in the process of my studies contributed to general understanding of the business and approach towards day-to-day and long-range objectives, says Aleksey Bezhevets.

The speakers included Viktor Mokrushin, Head of Ukrainian Bar Association's division in Autonomous Republic of Crimea, Judge, Economic Court of Autonomous Republic of Crimea, Dmitry Mosienko, counsel at law; Gennadiy Novikov, Acting Head of Yalta City Department of Land Resources. Gennadiy Rusanov, Director, Southern Legal Group Law Office served as moderator.

In his report, Viktor Mokrushin touch upon a question of land disputes jurisdiction, shared his experience in solving this problem, and analyzed the case law of the Supreme Economic Court and the Supreme Court of Ukraine in the area of land disputes.

Dmitry Mosienko addressed the issues of land easements, specifically, lawfulness of setting such limits in land lease agreements, registration of agreements, and appeals against refusal of such registration.

Gennadiy Novikov told about specific features of changing the intended use of land and practicability of such change's registration.

On October 7, the European Business Association held the second game of the autumn series of intellectual games Business Battle that took place in the Boutique Hotel "Riviera on Podol».

The team of Legal Alliance Company represented by Nataliia Dokuchayeva, Andriy Gorbatenko, Oleksandr Bondar, Yelizaveta Fedorchenko and Yuliya Chernyavska demonstrated a worthy game, losing only one point to the team - winner of the meeting.

According to Nataliia Dokuchayeva, Business Development Manager of Legal Alliance Law Company, format of the brain-ring selected by EBA for Business Battle was very good. In this game, victory depends on intellectual competence, perception-reaction time as well as teamwork. This is a great way to rest from business problems and have a pleasant time in company of colleagues. We have decided to organize something like that within the New Year corporate party, which we traditionally have together with the Simferopol office of our Company.

While the Crimean autumn inspiredly painted the rich verdure of hillsides golden and purple colours, the two-day billiards marathon that welcomed 37 lawyers from Kyiv, Vinnytsia, Zaporizhia, Simferopol, Sudak, Sevastopol and Yalta started at the "evergreen" billiard tables of "Sudak" Tourist and Recreation Complex.

Traditionally, the event was held under the aegis of the Association of Lawyers of Ukraine. Rentakran Company was a General Partner of the Tournament, while Legal Alliance Law Company and the Southern Legal Group acted as Partners. The special prizes in nominations were presented by Euroyuris-Ukraine Association, YUONA Law Company, "Stary Krym" and "Flamingo" Restaurants, "Karabakh" Tourist Camp as well as Budget Ukraine Rent-a-Car Company. The Legal Newspaper acted as an official media-partner of the event.

The sprinters and stayers among the participants became apparent as early as middle of the first day of games. The strategy of some participants resembled blitzkrieg, the others starved their opponents out. Non-standard situations happened at the billiard tables again and again that attracted attention of numerous fans. Thus, according to the draw results, beginners at the Tournament, colleagues in legal business - Andriy Trotsko and Sergiy Izrailevych from Zaporizhia had to play with each other as early as at the first meeting already. A point of revanche was settled in the other pair, between Dmytro Shutko from Yalta and Sergiy Popov from Simferopol. During the previous tournament, Sergiy stopped Shutko on his road to the final, eventually taking the third place of honour. This time, Dmytro managed to retrieve a defeat and broke into the eight of leaders.

The first day of the Tournament ended in the ceremonial banquette on the beach. During the banquette, Andrey Zemskov, a famous Far Eastern author and performer, who was an honoured guest of the Tournament, represented his program "Wind from the East". Words from one of his songs: "...great passion - standing on the edge, is not given to someone for nothing..." became determinative for the participants, who went on with their struggle for top places on the second day.
The nearer the participants were to the cherished purpose, the more evident it was that the share of fortune in this success is negligibly small in comparison with the persistency, self-restraint and self-control inherent to those who played Olympic duels.

Today, only old men are going to battle. Thus, the beginning of the duels for the top places should be announced with this phrase of Leonid Bykov's hero from the same-name movie. Yea, only those, who did not miss any of the tournaments and played at the events for four years in succession, but never held a winner's cup in their hands, were going to battle.

The game for the third place was held between Vyacheslav Shchepanskyi, Head of the Security Department of the Simferopol Branch of Pivdenny Bank, and Sergiy Yazev, Judge of the Court of Appeal of the Autonomous Republic of Crimea. Vyacheslav Antonovych - the "honourable pensioner of the tournament", as Shchepanskyi was called by the participants behind the scenes, wined the victory in the battle for the third place with the score 4:2.

Albert Tamashchak, Judge of the Simferopol District Court, and Dmytro Aleshko, Senior Partner of Legal Alliance Law Company, became finalists of the Tournament. After ten hours of games preceding the main duel of the Tournament, the final was the real try-out for both of the participants. Dmytro Aleshko remarked that because of the tiredness and continued tension, there were some moments when it was difficult to hit the ball, not to speak of playing it into the pocket. However, smelling his oats, Aleshko made a mash on Albert Tamashchak with the score 4:1. It was a long-awaited victory, to which he came during four years.

Dmytro Aleshko was so close to the first place only once - in May 2007, when he took the second place at the third open billiards tournament, giving the first place in the final to Volodymyr Okhrymenko, one of the strongest players of the Sudak tournament. Since then, the "billiards career" of Dmytro Aleshko included a lot of achievements and medal places, which he took at various tournaments. He could not win only one temple of fame - the tournament in Sudak, which founder and ideological inspirer was none other than Aleshko.

For the years of its existence, the Open Lawyers' Billiards Tournament named after S. Lavitsky has become one of the biggest lawyers' tournaments in the territory of Ukraine. From now on, becoming first in Sudak is not only prestigiously, but also demonstratively. This is the place, where the strongest lawyers-billiard players from various regions of Ukraine meet together. Everyone comes here to work for victory.

Natalya Dokuchayeva,
Development Manager of Legal Alliance Law Company

The moderator of this meeting was Olexiy Bezhevets, partner of Legal Alliance Company, president of Eurojuris Ukraine, head of the Procedural Law Committee. Co-reporters of the meetings were Alexander Onishenko, managing partner of the Pravochin Company and Oleg Davidenko, managing partner of the Aries law firm.

The center of the discussion was the Supreme Court of Ukraine Decrees of #2 and #5 of June 12, 2009 about the pre-trial procedures, application of the civil law norms during litigations in the general courts, and court precedents on these issues. Olexiy Bezhevets drew everybody's attention to a novelty of these two decrees: now evidence is not to be studied, and the facts are not to be determined during the pre-trial. This decreases the amount of cases that would be rejected because of subjective and capricious criteria.

Alexander Onishenko addressed several controversial issues: joining and division of law suits; preliminary injunctions; jurisdiction of administrative and commercial courts.

Oleg Davidenko reported about nuances of execution of the arbitration tribunal decisions in the light of the changes. Specifically, he talked about complications that appear during an appeal.

September 28: Ukrainian Orthodox Church of Moscow Patriarchate bestowed the merit-based Medal of St. Antoniy and Feodosiy to Anatoliy Menshikov, partner of Legal Alliance.

*St. Antoniy and Feodosiy founded Kievo-Pecherska Lavra which played key role in the development of the Russian Orthodox Church.

The Crimean Chamber of Commerce is a non-government organization that consists of entities which were established and functioned in accordance with Ukrainian legislation, sole proprietorships, and unions. The main purpose of the Chamber of Commerce is protecting interests of entrepreneurs in the governmental institutions inside the country and abroad.

The organization proposes a wide range of meetings, seminars, legal courses and trainings that contribute to establishment of business contacts and development of professional cooperation between young lawyers, who build a career internationally.

The Tournament participants included employees of pharmaceutical companies as well as representatives of other companies performing its activities in the pharmaceutical market of Ukraine.

Legal Alliance Company, which deems pharmaceutical law to be one of its highest-priority specializations, was represented by its Senior Partner, Mr. Dmytro Aleshko.

According to the results of the Tournament, Mr. Sergiy Tsvetkov, Development Director of Dasha Company, took the first place. Sergiy demonstrated the highest level of playing billiards having dropped only three sets during the whole Tournament. The second place was taken by Mr. Andriy Dolgopolov, Regional Manager of EU-Pharmacy. Mr. Dmytro Aleshko took the third place of honor.

According to Mr. Aleshko: “All the participants made a note of the highest level of organization of the event. As a whole, the climate of the event was very friendly that allowed its participants to communicate regarding business issues as well as to compete in playing billiards”.

Let us remember that Mr. Dmytro Aleshko is an initiator of the open lawyers’ billiards tournaments named after S. Levitsky that have been successfully held in Sudak during the last four years. Taking into account its great experience gained during organization of similar events, Legal Alliance Company acted as an official partner of “Pharma-Classic 2009” Tournament.

Cancellation of the order is involved with violation of the claimant’s intellectual property rights.

Legal support of the project was ensured by Mr. Ilya Kostin, Senior Partner of the Legal Alliance Law Company, as well as Mrs. Nataliya Lavrenova, Lawyer.

The survey represents a full-scale analysis of the situation in the field of prices formation in the Ukrainian pharmaceutical market as well as a practical guide for action for the market participants, who face problems in the concerned area.

The survey reflects legal foundations for regulation of prices on medicines and issues related to the price regulating mechanism. A separate part of the survey is devoted to the issues of responsibility and sanctions for violations in the aforementioned field.

The author of the survey reviews in details and answers the following practical questions:

• How to determine the customs value?
• Whether the discounts allowed by the medicines manufacturers are taken into account when forming the wholesale prices?
• What are the legal opportunities to avoid regulation of prices on medicines?
• Whether or not drug stores bear responsibility for the accuracy of the purchase prices determination by wholesale traders?
• What are the procedures and terms of using sanctions?

On the above event, Legal Alliance Law Company was represented by Mr. Ilya Kostin, Senior Partner, Mr. Oleksiy Bezhevets, Partner, as well as Mr. Dmytro Titarenko, Associated Partner.

Further to discussion of the issues raised during the previous session of the Forum, the agenda of this session included the following two items:

• Creation of an independent Internet resource of unlawful judicial decisions.
• Establishment of a hotline for defense of the ALU’ members at the Association of Lawyers of Ukraine.

The partners decided to create working groups for both of the items. The event participants proceeded to the detailed discussion of the steps on implementation of the initiative related to creation of the unlawful judicial decisions resource. The resource conception and its filling procedures were proposed. With regard to the second item, it was decided to start the regular monitoring of violations of the attorneys’ and lawyers’ rights through the Secretariat of the Association of Lawyers of Ukraine by way of creation of the hotline for defense of the ALU’ members at the organization.

The main distinctive feature of the sessions of the Association of Lawyers of Ukraine’s Partners Forum is informal events that allow to visit some interest places and to receive a lot of new emotions and feelings after the active work on public matters.

For example, on the second day, the session participants were offered to ride up to one of the most beautiful waterfalls of the Crimean peninsula – “Serebryanny” cascade stretching down the Demerdzhi hillside for 350 meters. Because of its long-distance location, only a few people have ever seen this cascade in its full splendor. The route was not easy – 5 hours in the saddle and a 12-kilometer distance. However, the unforgettable views of the hilly Crimea did not leave cold anybody who ventured upon this climb.  

The open lawyers’ billiards tournaments were established in 2006, and have become one of the largest amateur occupational tournaments since then. In 2007, the tournament was granted the all-Ukrainian status.

Traditionally, the tournament calls together more than 40 participants that include representatives of prosecutor’s offices, members of the Bar, tax administration, judicial and law enforcement authorities and law firms from various cities of Ukraine as well as people’s deputies of Ukraine, chairpersons of municipal administrations and heads of executive bodies.

The event is confined to the Lawyer’s Day.

Opening of the Tournament – October 3-rd, 10:00 a.m.

The Tournament will take place at “Sudak” Tourist and Recreation Complex (89 Lenina Street, Sudak).

If you need any additional information regarding conditions of participation in the Tournament, please do not hesitate to contact  Mrs. Nataliya Dokuchayeva, Development Manager of Legal Alliance Law Company (cont. tel. +380 (44)-220-15-86, +380 (50)-397-70-17, e-mail: dokuchaeva@l-a.com.ua).

Diagnostic Systems — Ukraine Ltd. is a subsidiary company of the largest manufacturer of immunoassay systems for infectious diseases detection as well as reagent kits for bacteria identification in Russia.

Successful implementation of this project has become a dramatic example of how a foreign manufacturer of medical products can protect its business against unpredictable changes in the Ukrainian legislation.

Last December, the Supreme Council of Ukraine adopted a law, according to which purchase of goods, works and services using public funds has become possible only from domestic manufacturers of such goods, works and services, except for the goods that are not manufactured in Ukraine.

In other words, any tender bid of the participants, who offer foreign-made goods, was dismissed in case of the Ukrainian analogue availability. A lot of foreign manufacturers, which entered the Ukrainian market and participated in the public tenders, particularly in the field of medical products, on a regular basis, were divested of this right. Consequently, a foreign manufacturer offering higher quality and, in many cases, lower prices, appeared at a loose end.

The optimal solution of the assigned task was to set a foreign manufacturer of medical products to the rank of national manufacturer.

The Company's lawyers have found a lawful way out of the situation, performed a legal due diligence, on the basis of which the scheme of implementation of the project of registration of medical products of the national manufacturer and the project documents were developed. Thereto, they assisted in the process of registration.

Legal support of the project was provided by the Senior Partners: Ilya Kostin and Dmitriy Aleshko, as well as the lawyer Natalya Lavrenova.

Legal Alliance Legal Company was represented at the event by Senior Partner Dmitrо Aleshko.

The meeting of 2009 was devoted to the matters of cultural differences in the legal business. The speakers paid attention to the rules of business protocol in individual countries (such as India and China), and compliance with the protocol in the course of carrying out of the international legal business. Several sessions were devoted to the matters of investments in Navarre, one of the most attractive regions of Spain from the point of view of investors. Navarre is a province and an autonomous region of Spain, which (among other tax-related advantages) has its own tax legislation.

Successful format of the event interchange information sessions with interactive communication allowed participants of the meeting getting acquainted with colleagues and establishing professional contacts in various jurisdictions.

At the end of his stay in Spain, Dmitrо Aleshko visited the law office of Espada Gerlach Asociados in Barcelona to discuss further cooperation between the companies.

Legal Alliance Company as a claimant began to use the commercial name Legal Alliance in 2003. In 2005, the same-name trademark for products and services was registered.

However, in 2007, existence of another legal company become known in the legal services market, whose name includes the words "Legal Alliance". This company is also a famous market player and is included in the annual rating of Legal Practice Publishing House. Ukrainian Legal Alliance LLC (ELC legal successor) is referred to.

Since ELC company has changed its name into Ukrainian Legal Alliance, there were several cases, when clients applied to legal companies for explainations on the fact of conflict of interests.

Unfortunately, at that moment, the parties were unable to settle the dispute.

Since 2007, the case related to use of the commercial name "Legal Alliance" has been examined by Kyiv Economic Court.

Only at the stage of appeal proceedings, the parties found common ground and decided to come to an arrangement. Yet, they encountered problems in the procedural legislation, in particular, impossibility of amicable settlement at the stage of appeal proceedings, as this would have involved cancellation of the resolution of the court of original jurisdiction, which is allowed exclusively based on Article 104 of the Economic Procedural Code of Ukraine.

In order to close the judicial dispute, the parties signed a memorandum reflecting each party's compromises, which were later implemented.

Main terms of the memorandum were:

1. Change of the name «Ukrainian Legal Alliance» within the term stipulated by the parties;
2. Withdrawal of appeal;
3. Waiver of further appeal;
4. Waiver of enforcement of the court's decision.

Consequently, the conflict with regard to use of commercial name «Legal Alliance» has been settled.

Plenary meetings within the forum focused on economic, legal, social and political factors influencing prospects of cooperation between Ukraine and China in various spheres. Topics discussed included taxation and customs regulation in Ukraine, overall investment climate, current status of trade and economy relationships between Ukraine and China and their development potential.

The event agenda included a number of bilateral discussions with representatives of various Chinese economy sectors hosted by Legal Alliance senior partner Dmitry Aleshko.

According to Mr Aleshko, in its fourteen years in the market Legal Alliance Company proved to be a reliable partner for investors from different countries. Expansion of Chinese business into the Ukrainian market will be efficient and beneficial for both parties, as it was small and medium enterprises that some time ago secured sufficient flexibility, crisis stability and dynamic growth of Chinese economy and became an important factor of its development.

Seminar was attended by Delta Medical staff, as well as by representatives of other major pharmaceutical distributors and pharmacy network operators working in partnership with Delta Medical.

Tropics reviewed at the seminar included legislative trends in price regulation and licensing the pharmaceutical sale activity.

Delta Medical is one of the dynamically growing players of the pharmaceutical market operating in its merchandising and distribution segment; the company has vast experience in Ukraine and the CIS market.

Legal Alliance Company has been Delta Medical's legal advisor since 2008.

Apart from previous year's UBA management reports approval and other matters within the competence of the Assembly the sitting agenda included election new Association executives: President, Vice President, and the Board.

Mr Sergei Konnov, senior partner of Konnov and Sozanovsky, and Mr Maksim Lavrinovich, managing partner of Lavrinovich & Partners, were elected President and Vice President of the Association, respectively.

By the results of the ballot, the following persons were named Association 2009 — 2010 Board members: Mr Ilya Kostin, senior partner of Legal Alliance; Mr Oleg Makarov, managing partner of Vasyl Kysil & Partners; Mr Aleksei Reznikov, partner of Magisters; Mr Denis Bugai, managing partner of Vashchenko, Bugai & Partners; Mr Valentin Zagaria, managing partner of Spencer & Kauffmann; Mr Nikolai Ochkolda, managing partner of Legitimus, and Mr Sergei Tiurin, partner of Sergei Tiurin & Partners.

Sitting on the Board on behalf of Association sections will be Mr Aleksei Ivanov, partner of KM Partners; Ms Elena Kibenko, senior partner of Inyurpolis; Mr Aleksei Muraviov, judge of the Supreme Economic Court of Ukraine; Mr Yuri Vakhel, legal director of Noble Group, and Mr Vladimir Marchenko, notary private.

Prior to election to the Board Ilya Kostin vastly contributed to the Association activity, in the past two years as a board member of its Kiev branch. In 2009, the Board appointed Mr Kostin a coordinator of the UBA Partners' Forum. As a newly elected Board member, Ilya Kostin will replace Legal Alliance senior partner Dmitry Aleshko who remained on UBA Board during 2007 — 2009.

The event was organised by the Crimean Bar Association (chair Mr Vladimir Zubarev), Istina Crimean Centre for Legal and Social Studies (chair Mr Mikhail Aliabyshev) and the Crimean division of the Ukrainian Bar Association (chair Mr Viktor Mokrushin).

By its concept, the round table targeted those law professionals who were concerned with the subject and who had issues to offer for discussion. To great surprise of the hosts, the number of candidate issues exceeded 160. Among those fit in the discussion schedule were good-faith of trial parties in exercising their procedural rights; court obligations and right to call for evidence; need and reasonability of all-out process audio recording. A lively debate was focused on viability of a single procedure code for civil, economic and administrative proceedings. Opinions divided: advocates of the single procedure included the supporters of a complete unification of the judicial process in Ukraine. The opponents had their reasons to put forward: singularity of structure, techniques and tools of each type of the process.

Viktor Mokrushin, judge for the Crimean Economic court, paid most of his attention to the practice of appellations acceptance by the Supreme Court of Ukraine. In general, Mr Mokrushin marked usefulness of such events in the future: he believed they not only broaden the outlooks but as well develop uniform approaches to existing concerns. The event is open to anyone who wishes to offer a subject for discussion; the others could join the debate based on the final agenda, presenting their vision of outstanding problems and ways to address them.

Legal Alliance was represented at the round table by Ms Irina Pustovitenko. In describing her experience she said, "Crimea has always been fairly special in that associations between people practising law were not common — for a number of reasons. The value of this event is therefore in the fact that it brought together those who chose not to hold back their own understanding of law conflicts and gaps and shared their valuable experience, gained often amid conceptual clashes with the system. The young were involved as well: matters they raised demonstrate professionalism, willingness to make decisions and achieve adequate results."

Summing up outcomes of the event the attendees agreed that such joint discussions should become regular. In addition to the near-term objective: to continue discussion of enforcement issues formulated they set a longer-term goal: to find ways to practically influence the developments.

Having evaluated professional skills of over 100 highest-profile Ukrainian lawyers the publication named Mr Dmitry Aleshko, senior partner of Legal Alliance Law Firm, its recommended specialist in corporate law.

* Best Lawyers International has been issuing professional lawyer listings for 25 years. Its ratings, published in 48 countries worldwide, are based on independent assessment of lawyers' expert opinions.

The event ran under the auspices of the Ukrainian Lawyers' Association with the support of Rentakran as a general partner and Southern Legal Group, Legal Alliance and Magisters as partners. Yuridicheskaia Gazeta publishers were the exclusive media partner of the tournament, and Sergei Solovyov was for the sixth time invited as its referee.

Prizes in different nominations were provided by SAM-Crimea travel agency, Budget-Ukraine car rental company, and Shokoladnitsa chain of coffee shops. 

It was owing to this innovation — prizes from nomination partners — that all of the 7th Tournament participants had a chance to leave with a trophy. Two main prizes: a weekend tour to one of the Yalta's best hotels provided by SAM-Crimea and free rental of a Volkswagen convertible from Budget-Ukraine, were raffled off based on guests' registration numbers. The first award fell to Viacheslav Petrushyn, director of Argomed real estate agency, and the second one to Denis Syshchenko, head of investigations department of the Crimean Police Chief Directorate.

A quite unusual nomination was sponsored by Shokoladnitsa: lady participants of the tournament were offered bonus certificates to visit company's coffee shops.

This time the largest amateur billiard tournament in Ukraine, running by professional rules, was attended by 36 lawyers specializing in diverse areas of law practice.

For the tournament participants, billiards is no longer relaxed pastime but rather a sport. Both players and fans share the opinion that it is getting increasingly difficult to spot out a tournament front-runner. Preparation to the tournament more and more resembles pre-Olympic training: the participants spend 8 hours a day in the billiard room ahead of the tournament and arrive accompanied by renowned coaches. It is only logical that with such a serious approach it is individual skill that finally determines the result. Yesterday's outsiders every now and again get into the focus of mini-sensations by outrunning recognized favourites. However, the ultimate goal — victory — often becomes the matter of uncertain fortune.

In a rivalry for the third place Sergei Popov, deputy head for human resource of the Odessa State Interior University's Crimean Law Institute (Simferopol), confidently defeated Viktor Vydashenko, operative of the Crimean directorate of SBU (Ukrainian special service), with the scope 4:0. Note that both contestants participated in the tournament for the first time and were able to run all the way through the semi-finals leaving behind recognised gurus.

The tournament finals were played between Evgueni Drachevsky, assistant prosecutor (Vinnytsia), and Vladimir Okhrimenko, deputy head of the Crimean Tax Administration (Simferopol). Vladimir Okhrimenko is a three-time winner of the past tournaments; some say participation in the tournament is not for the sake of victory but for the chance to outgame Okhrimenko. In fact, very few succeeded. This time Mr Okhrimenko made it to the finals through five confident victories. The way of Evgueni Drachevsky to the top was quite different. Having lost the very first game, Evgueni had to prove his right to fight for the victory with the tournament's most noble player with much greater pains: he needed to win seven times before the finals. Mr Drachevsky already made a confident statement of himself the last September running the second in the intense 4-hour confrontation, giving in to Igor Dvorny, judge for the Crimean economic court.

The finals, unlike games of the tournament's first day, lasted until four victories. Initially, Evgueni Drachevsky was an obvious favourite. However, Okhrimenko began regaining advantage ball by ball with the count of 2:0 in Drachevsky's favour. For several games in a row success changed hands; heat at the table reached its peak with the count 3:2 by games to the advantage of Drachevsky and the count by balls in the game of 7:71. In that game, Vladimir Okhrimenko demonstrated the character and self-control of a natural born general and managed to even up the score in front of the decisive game. In that last, seventh game whose winner was to become the tournament's number one, running at 2:2 by balls, Evgueni Drachevsky managed to strike in three balls in each of two successful approaches, proving his unquestionable superiority.

Thus, Evgueni Drachevsky, deputy prosecutor from Vinnytsia, became the winner of the 7th Sergei Lavitsky Open Billiard Tournament. The honourable second place was captured by Vladimir Okhrimenko, deputy head of the Crimean Tax Administration (Simferopol), and the third one by Sergei Popov, deputy head for human resource of the Odessa State Interior University's Crimean Law Institute (Simferopol).

Natalia Dokuchaeva
Development Manager
Legal Alliance Law Firm

The Forum attracted over 150 lawyers and international arbitrators from 13 countries.

Forum ran in several sections that covered most of the topical aspects of international arbitration system functioning.

Attendees had an opportunity to discuss factors that impact correct choice of arbitration, shared experience of arbitral litigations and exchanged information on arbitration development in their respective countries.

Of particular interest at the Forum were such issues as recognition and enforcement of arbitration rulings in the CIS and EU, as well as procedural aspects of trial at different arbitration institutions such as ICC, LCIA, CEPANI, MKAC, or European Arbitration Chamber. More specific topics discussed included arbitration clauses, choice of arbitration venue, adequacy of arbitration agreements, and relationship between mediation and arbitration.

The hottest debate was stirred around the relationship of common law and civil lаw and influence of differences between them on the course of arbitration.

In discussing ways of arbitration development in Ukraine representatives of European countries expressed criticism concerning legal innovations in the Ukrainian adjudication procedure and pointed out urgent need to improve legal climate in the activity of the country's arbitration system.

The bill has been registered by the Parliament under no. 4072.

This legislative initiative belongs to Mr Dmitry Aleshko, senior partner of Legal Alliance Law Firm and board member of the Ukrainian Lawyers' Association, and Mr Valentin Zagaria, member of the Ukrainian Lawyers' Association division council.

The bill offers to amend articles 44 and 48 of the Ukrainian Code of Economic Process, article 84 of the Ukrainian Code of Civil Process and article 90 of the Ukrainian Code of Administrative Process as regards compensation of expenses related to legal services provided by attorney or any other law professional.

The following provisions are suggested:

1. By motion of the party in whose favour the court ruled the other party will be judged to reimburse its expenses incurred in respect of services of an attorney or another law professional.
2. In the event legal services were provided by an employee their value will not be subject to reimbursement.
3. Cap value for legal expenses to be so reimbursed for cases of non-property nature will not exceed ten minimum wages.
4. For cases involving property interests the cap for reimbursement of legal expenses will be ten percent of the satisfied portion of the demanded relief.

As bill initiators believe, its enactment would make justice more affordable and would create an effective mechanism for compensation of legal expenses to parties of the process, which, in its turn, will cut off a substantial share of unjustified or unsecured suits. Furthermore, risks related to compensation of legal expenses will be another motive for parties to resolve their dispute outside court.

The Draft Law is presently under review at the Ukrainian Parliament's Justice Committee.

The conference is one of the highest-profile events in the industry, greeting annually representatives of the public sector and academic circles, pharmacy operators, pharmaceutical product manufacturers and distributors, professional and non-government associations.

Legal Alliance senior lawyer Andrei Gorbatenko, invited to speak at the conference, presented a report on liability for abuse of law governing state regulation of pharmaceutical prices.

Subjects reviewed at the conference included government price regulation amid economy hurdles, pricing of pharmaceuticals, developments and innovations in pharmaceuticals production licensing procedure, and improvement of pharmaceuticals quality control. A number of reports offered analysis and development trends of the Ukrainian pharmaceutical market.

The seminar ran under the auspices of Eurojuris Ukraine Association and Ukrainian Lawyers' Association.

The event was attended by more than 30 partners and marketing managers of Ukrainian and international law firms. Legal Alliance was represented at the seminar by senior partner Dmitry Aleshko, partner Aleksei Bezhevets, president of Eurojuris Ukraine Association, and development manager Natalia Dokuchaeva.

Seminar was delivered by marketing professor Laurent Marlière (Paris, France), founder and partner of Scipion, Europe's leading management and marketing consultancy for law firms, and executive adviser of Eurojuris International, the largest European network of legal practices. Also, Dr Marlière chairs the European Legal Awards and the M-Club for managing partners and marketing managers of the most prominent law firms in Europe.

Within the seminar Dr Marlière focused on planning of a law firm activity, explained how to draft an efficient business plan and highlighted such aspects as organisation management, marketing and business development, finance, and human and knowledge resource management. He also looked into challenges posed before law firms by the period of economy hurdles and discussed specifics of business planning during this period with seminar attendees.

Law firms and their managing partners typically experience difficulty in achieving efficient planning of their activity. Very small part of the Ukrainian law practices have a business plan meeting contemporary corporate management requirements.

Professor acquainted the attendees with Stratos, the pragmatic method already implemented by many European law firms. Stratos is a business planning tool for a law practice working by a "remote control" principle. It provides the managing partner comprehensive information on global management of the business and covers general administration issues and marketing aspects (such as CRM, client feedback, services, administration of departments/PG's, financial issues, human and knowledge resource management).

The event gathered 160 lawyers from various countries in Europe and across the world.

In its six years the Practical Group Days became a strategic tool in the network's activity. Participation in the Days is an opportunity to exchange first-hand experience in different segments of national markets and become established as a specialist in relevant areas of law practice.

Eurojuris now features nine practical groups, including for corporate law, employment law, family and succession law, bankruptcy, intellectual property law, international arbitration, real estate law, as well as the International Business Group and the Latin and Francophone Group.

Aleksei Bezhevets, president of Eurojuris Ukraine Association and partner of Legal Alliance Law Firm, participated in the Ukrainian delegation to the Practical Group Days.

Mr Bezhevets was involved in the work of a corporate law group and participated in the first initiative meeting to create new practical groups: for tax law and for environmental law. Within this latter group Aleksei Bezhevets presented a report on implementation of Kyoto mechanisms in Ukraine.

Legal Alliance Law Firm, among other 35 members of EBA discount scheme, had an opportunity to present its services at the event and provided a special prize — 8 hours of free legal assistance — for the traditional EBA Business Lottery.

The event culminated in a sand art show by Daria Poushankina who represented logotypes of participating companies in sand.

Andrei Gorbatenko, senior lawyer for Legal Alliance Law Firm, was among the speakers at the conference with the presentation Ways to Protect Intellectual Property Rights to a Pharmaceutical Product.

The event attracted staff of most of the leading law firms and expert companies dealing in the pharmaceutical sector, as well as representatives of the State Intellectual Property Department, Ukrainian Innovations and Patent Information Service Centre, and Health Ministry’s State Pharmacology Centre.

Topical issues addressed at the conference included referral to the Ukrainian Anti-monopoly Committee as an alternative to a law suite; protection of information on the pharmaceutical product’s registration file; protection of rights to a proprietary process, and persisting practice of bad faith registration of industrial samples.

In the rating presented by this publication Legal Alliance was named one of the most recommended law firms in Ukraine for mergers and acquisitions, corporate law, capital markets, banking and finance law, and real estate.

May it be reminded that The Legal 500 has been regularly released for the past 20 years in more than 100 countries. Its target audience includes private and corporate clients, corporate lawyers, senior managers and professional advisors both on the national and the international scale. The reference guide has been recognised as a trustworthy source of information on competencies of lawyers and law firms in various jurisdictions.

Although in 2005 client’s registration request was turned down due to similarity of the mark to another one registered previously the project undertaken by Legal Alliance in September 2008 was completed with successful registration of the new brand.  

Legal support to the project was provided by senior partner Dmitry Aleshko, partner Aleksei Bezhevets, and lawyer Natalia Lavrenova.

The prequalification that ran by correspondence offered applicants to present written papers with solutions to four practical tasks.  Each task was based on a theory of one of the real cases of Legal Alliance.

The highest number of scores out of the maximum 1,600 was awarded to Inessa Letich (Kiev National University of Internal Affairs, 1,489 scores), Olga Lepyokhina (Kiev Mohyla Academy, 1,443 scores), Marianna Makhotniuk (National Yaroslav the Wise Law Academy, 1,303 scores), Igor Dyshlovenko (National Yaroslav the Wise Law Academy, 1,228 scores), Alyona Stanishevskaya (Kiev University of Law, 1,226 scores), and Mikhail Fedorichko (National Yaroslav the Wise Law Academy, 1,165 scores).

The scholarship contest that started on March 2 initially attracted 47 students from different parts of Ukraine.  During the prequalification 20 applicants withdrew so only 27 papers were submitted for review.

The Jury who evaluated the contest works included the following Legal Alliance staff:

• Ilya Kostin, senior partner;
• Anatoly Menshikov, partner;
• Yevgeny Shcheglov, senior lawyer; 
• Natalia Lavrenova, lawyer.

In accordance with the contest guideline, scores were awarded for each task by five criteria: knowledge and command of current Ukrainian laws, analytic skills, originality and depth of thinking, logic and motivation of judgements, and general literacy.

The qualification round of the contest where applicants will have to be present in person is scheduled for 23rd April.  At this stage the students will have to resolve legal tests developed by Legal Alliance lawyers, as well as to demonstrate their skills with electronic law databases, art of advice, and ability to work with clients.

The conference, whose subject is becoming increasingly topical for Ukrainian industrial companies and providers of services in support of environmental investments aimed to curtail greenhouse gas emissions in accordance with the Kyoto Protocol to the United Nations Framework Convention on Climate Change, attracted over 70 participants.

Presenters at the conference included specialists for international and Ukrainian organisations and companies having experience in implementing Kyoto mechanisms.

Reports dwelled on use of Kyoto tools as an extra source of investments into upgrade of energy-intensive productions and a way to sell Ukrainian emission reduction units, presented EBRD experience in funding energy efficiency programmes and tools used by the World Bank to implement projects in climate change.  Legal section of the conference concentrated on tax aspects of joint implementation projects and legal particularities of their determination and verification.  

Participants focused on prospects of application of Kyoto mechanisms at Ukrainian industrial enterprises.

According to Mr Bezhevets, amid economy hurdles and acute shortage of operating assets implementation of mechanisms provided in the Kyoto Protocol becomes a realistic opportunity to attract substantial foreign investments into Ukrainian companies. Practical examples of successful projects prove excellent perspectives of this activity.

The event was initiated by the Innovative Drug Manufacturers’ Association.

The seminar was attended by representatives of pharmaceutical companies including Boehringer Ingelheim, Abbott, Novonordisk, Novartis, and Pfizer.

In the course of the seminar, Legal Alliance senior partner Dmitry Aleshko and senior lawyer Andrei Gorbatenko compared pros and contras of acting in Ukraine via a representative office vs. a legal entity, highlighted principal aspects of legal entity constitution form choice, explained tax implications for a representative office compared to a legal entity, and dwelled on organisation of clinical tests via a special purpose company.

Participants of the seminar marked the importance of issues raised in the context of legislative gaps as regards activity of a representative office of a non-resident company in Ukraine.  Of especial interest was the discussion of non resident company office taxation problems remaining of paramount significance for Ukrainian offices of pharmaceutical companies.  Legal Alliance experts presented their analysis of existing regulations concerning likelihood of qualification of representative office activity as business, entailing material tax repercussions.

The informal atmosphere of the event where attendees were free to ask legal questions and receive qualified answers from a qualified lawyer on the spot was a success and the time of the seminar was spent with maximum effect.

The conference was hosted by the Committee for Individual Taxation of the International Bar Association (IBA) and ran under the auspices of the IBA European Forum.

The conference was attended by over 100 tax lawyers from various countries.  Most of the presentations dwelled on taxation of private individuals in different jurisdictions.

The first day of the conference culminated in a gala dinner at the Old Hall of Lincoln's Inn, one of the four barrister schools privileged to call its members to the bar in England and Wales.  Lincoln’s Inn was established in the early 14th century as a hostel for law students by Count Henry de Lacy, one of the three earls of Lincolnshire who died in 1311.  After his death lawyers inherited the land however ultimate ownership title to the estate was not granted to them until 1580.  The Old Hall building dates back to 1490 and has practically entirely preserved its original appearance.

During the conference Legal Alliance senior Partner Dmitry Aleshko took part in a number of discussions with foreign colleagues regarding the particulars of taxation of non-residents in Ukraine and of Ukrainian business people abroad.  As the result of the discussions Mr Aleshko was invited to deliver a presentation at the congress of the International Association of Young Lawyers, to run in Budapest this August. 

By active involvement in events attracting members of the international legal community Legal Alliance Company continues its steady movement towards incorporation of European standards of legal services in its practice.

The contest ran among six teams, each of three players.  Other participants of Eurojuris Ukraine team included Aleksandr Onishchenko, managing partner of Pravochyn Attorneys, and Evgueny Artiukhov, senior lawyer for Aries Law Firm.

The tournament consisted of two rounds.  The first round selected three strongest teams who competed in the finals for medals and the reward fund: beer kegs in the numbers inversely related to the place won by a team.

The upper part of the tournament standings was shared by Spenser & Kauffmann (the winner), Vasyl Kysil & Partners (the second place), and Eurojuris Ukraine Association (the third place).

Programme topic was ways of reorganisation of legal entities. Within this subject, Mr Zdorov explained nature and procedures of mergers and acquisitions that become increasingly topical in Ukraine and answered questions of the audience.

Amid today’s particular economy environment that creates fertile ground for mergers and acquisitions in various spheres of activity the interest to this topic becomes more and more manifest.

As a reflection of the importance of the theme, Tauric National University (Crimea) ran Pan-Ukrainian Mergers and Acquisitions Law Seminar  on 5-7 March 2009 where Legal Alliance managing director and partner Anatoly Menshikov and counsel Aleksei Zdorov hosted training classes for law students.

The event aimed to familiarise law students with theoretical and practical aspects of mergers and acquisitions activity becoming increasingly topical both worldwide and in the Ukrainian business context.

The seminar was attended by more than 30 students representing various Ukrainian universities.  

Formal opening of the seminar was hosted by deputy dean of Tauric University’s law department Sergei Yelkin and Legal Alliance managing director and partner Anatoly Menshikov.

Aleksei Zdorov, Legal Alliance counsel, presented an introductory lecture addressing theoretical fundamentals and legal framework of mergers and acquisitions.

Class by Legal Alliance partner Anatoly Menshikov covered tax effects of mergers and acquisitions.

The third class was hosted by Irina Razumovich, chief lecturer for economic law unit of Vernadsky University’s law department.  She dwelled on merger and acquisition categories distinguished by the law science and reviewed typical problems in the sphere of mergers and acquisitions, including forcible takeovers.  Subjects of the class stirred lively debate among the students who continued asking questions even after the class was formally over.  

At the end of the first day the attendees were offered to change the format and involve in a brain contest to demonstrate quality of knowledge developed during the day.  The students had an opportunity in a friendly and relaxed environment to demonstrate their understanding of regulatory base and ability to find quick answers to questions they were asked.  

The next day classes were delivered by managing partner of Spenser & Kauffman Valentin Zagaria and partner of Vashchenko, Bugai & Partners Denis Bugai.  Presenters looked into practical aspects of mergers and acquisitions and problems they personally experienced in working on actual merger deals.  They also gave the beginners some advice as to practical implementation of their knowledge in the field. 

In the evening the attendees helped themselves to a buffet accompanied by a variety of exciting contests.

The last day of the seminar featured a mock-up court debate over a given case theory.  Lively argument of students yielded a solution for this reality-approached task.

At the closing ceremony of the Pan-Ukrainian Mergers and Acquisitions Law Seminar all participants were presented attendance certificates.

The event was attended by 15 senior level managers of Ukrainian and international companies including XXI Century, Beaufour Ipsen Pharma, UGPP Izotop, Pfizer HCP Corporation, Shvydko Ukraine, Foodaworld Marketing PTE LTD (McCoffee™),  Gambramed LLC, Association of Innovative Drug Producers, Vostochny Mining Complex State Enterprise, ТАІ Farmа, Shokoladnitsa Ukraine LLC, and Rental Car (Budget™).

While opening the event Legal Alliance senior partner Ilya Kostin pointed out that the lunch aimed, among other things, to make its participants get acquainted with each other thus opening new prospects for future growth and development of their businesses.

During the lunch senior partner Ilya Kostin and associated partner Aleksei Bezhevets summed up the results of the past year from the perspective of practising lawyers and commented on the most resonant and topical legal developments affecting the parties present.

Attendees involved in opinion exchange on the ongoing economic situation in the country and discussed forecasts of business development amid economy decline.

Having analysed dynamics of client queries in the past several months Legal Alliance partners marked the abrupt increase in the number of references for debt collection, investment withdrawal from Ukraine, advertising issues, and intellectual property disputes.  There is growing demand for services in antitrust and employment laws.  On the other hand, investment activity is definitely shrinking, although right now the firm is supporting the new investment programme by a Russia’s leading billing operator.

The attendees were offered Legal Alliance partnership programme called Legal Alliance Partners Club developed for and offered to clients of the firm.

At the end of the lunch every attendee received a copy of a practical guide on employment law aspects which was very to the point in the economy crisis context.  

This educational project is realized within the Legal Alliance Company corporate social responsibility. The project is aimed to encourage and support talented students to improve their knowledge, to gain and practice their law skills.

The first scholarship competition was held by the Legal Alliance Company in 2004. It was organized between the law university students of the Autonomous Republic of Crimea.

The competition took place in the above mentioned region due to initiative of the successfully developing and practicing representative office of Legal Alliance Company in Crimea. Thereby the representative office became the scholarship competition founder.  

Many of the competition prize winners were employed and have been successfully working for the company so far.

One of them is Dmitro Tytarenko, the prize winner of 2006. He has been working for the company for about 2.5 years. During this period Dmitriy managed to push his fortune. From a trainee he has advanced to an Associate Partner of the company.

In 2007 the scholarship competition was recommended by the Ministry of Education of the Autonomous Republic of Crimea.

This year it will be the first throughout Ukraine competition. The participants will be university students of law faculties from all over the country.

The competition consists of two rounds, by correspondence and attendance. For the first round the participants will have to work over a legal case (earlier practiced by the company lawyers) for 3 weeks and then give their answer to the key question, asked in each of three assignments. Based on the received results the competition committee will choose four best students to pass to the next level. The second round will consist of the following assignments:

• Lightning test
• Legislative practice
• Judicial proceeding presentation – the most culminating part of the round

The competition prize winners and champions will be awarded to certificates, special prizes and grants.

The right to give the opportunity to the winners to undergo practicing with further prospective employment in one of the company offices rests with the competition committee as an additional award.

On March 2, 2009 you will find the competition assignments and conditions on the Legal Alliance Company official website.

Recently business activity for young lawyers has become as important as their professional education.

To train a good lawyer it is very important doing that in the spirit of competition, cooperation and independent task-solving from the very beginning of his undergraduate studies.

Ilya Kostin, the Senior Partner of Legal Alliance Company comments on a law firm corporate social responsibility principles: “Today we realize that the most important in a law firm social responsibility is to train a new generation of qualified lawyers. I do not mean to say that we have a lack of personnel; our mission is to give basic preparation to the future professionals, those who will start practicing in about 2 years. All the partners of law firms existing today for approximately 10 years started their career combining work and studies, but we should consider that it will not work any longer. The market rule changes require a significant increase of demand to the future lawyers in general, and in our company as well. A high level of students’ preparation we are providing now will lead to their success and success of our country. This is high time to give them proper moral and ethic education on which future lawyers’ status will depend.”

Legal Alliance Company acted as leading Russian billing company Peter Service legal counsellor.

Peter Service Company practices the following:

• Billing systems development, introduction and maintenance;
• Working out program products for major telecoms operators.

Peter Service company clients are more than 40 leading operators of communication market in Russia, CIS and Europe.

Legal Alliance Company provided Peter Service Company with the following services:

• Ukrainian legal system counsel;
• Assistance in opening and registration branch in Ukraine;
• Consulting on agreements’ adaptation according to the Ukrainian legal system;
• Agreements’ further support.

Project legal consulting service was provided by Oleksiy Bezhevets, Legal Alliance Company Associate Partner and Nataliya Lavrenova, Lawyer.

Legal Alliance Company provided Parex Asset Management Ukraine with legal counsellor.

Parex Asset Management Ukraine is the member of Parex Latvian Finance Group. Ukrainian company founder is Parex Asset Management (PAM) – large investment Baltic company with assets under management around 1 billion Euros.  

The recent project of Legal Alliance Company lawyers providing legal counsel to Parex Asset Management Ukraine concerned the conditions of return on foreign investments from Ukraine.

Project legal consulting service was provided by Oleksiy Bezhevets – Legal Alliance Company Associate Partner and Andriy Gorbatenko, Senior Lawyer.

www.innovations.com.ua

The Tournament was presented by the incomparable Boris Burda, three-time winner of the Crystal Owl and winner of the Diamond Owl, the highest award of the What? Where? When? Game.

The Tournament attracted 15 teams with all in all 85 players representing 45 Ukrainian market leading companies.

Each team had 60 seconds to find a right answer to one of 30 questions, by tradition formulated by people from various places across Ukraine and the CIS.  Some of the questions were offered by Boris Burda himself.  In the course of the game, the most successful teams received special prizes from the presenter: his books.

After two rounds of the game the first place was awarded to the joint team Management.com.ua who defeated the game leader S.H.A. (Society of Happy Activists).  The third place was won by Legal Style team of Legal Alliance, game beginner that also played shorthanded.

Legal Alliance team members included associated partner Aleksei Bezhevets, business development manager Natalia Dokuchaeva, senior lawyer Andrei Gorbatenko and the invited member, head of  T.A.I. PHARMA LTD. Ukrainian office Adash Mehta.

Legal Alliance Senior Partner Dmitry Aleshko was among the trainees who passed the test successfully and were certified under the ILEC programme.

Wimbledon School of English is one of the oldest English language schools established in 1964 in London and accredited with the British Council and ARELS.

During thirty nine days spent in a London suburb Dmitry Aleshko and other students were offered training in several areas of commercial law including business law, contractual law, intellectual property, employment law, and legal governance of real estate sector.  

According to Mr Aleshko, his successful completion of the programme made Legal Alliance even closer to the European service standard.  

In June 2008, Dmitry Aleshko also achieved an English for Business Law course Upper Intermediate certificate at Business Communication School, a Ukraine’s leading school of English.

The campaign to strengthen company workforce with English-speaking personnel is the response to the growing number of overseas clientele Legal Alliance has faced in the recent years.

Legal Alliance Senior Partner Dmitry Aleshko won the Third Ukrainian Lawyer Journal’s Billiard Cup that ran on 6 December at Mayak Billiards Club.

The broad circle of participants did not diminish the class of the tournament: often the contenders at green tables had to fight to the last ball.  The final game between Aleshko and Savchenko was not an exception: intrigue lasted even to the last shot.  At the count 7х7, Savchenko had the shot but the luck failed him and Aleshko did not miss the chance, proving his seniority.  

Commenting on the victory, Dmitry Aleshko said, “Billiard tournament among lawyers is more than just a competition: it is also an excellent opportunity to socialise with colleagues in an informal environment.  As to the game itself, I had to struggle for my victory.  There were several situations where I could have quit the contest much earlier.  I am satisfied with my result and should say that systematic approach and practice bring success in any activity.”

The victory was well-deserved, indeed, as it was the result of a long preparatory work.  

Dmitry Aleshko came to serious devotion to billiards several years ago, first trying himself at the Pan-Ukrainian Billiard Tournament for Lawyers.

Regular workout carried him to the third and then the second position at the business league tournament of Don Billiard Club, and then to the second position at the Third Open Billiard Tournament for Lawyers.

The tradition of S. Lavitsky Open Billiard Tournaments for Lawyers too belongs to Dmitry Aleshko.  In time the tournament gained the pan-Ukrainian status and became one of the most prominent amateur contests running by professional rules.

On that day, a contract with the national member of Eurojuris int. in Ukraine was signed during the Eurojuris int. Annual Congress at Athens, Greece.

Eurojuris-Ukraine Association became Ukraine’s national chapter of Eurojuris int, which was seen as a manifestation of trust to Ukrainian companies who founded the Association and a mark of recognition of their high professional level.  Oleksiy Bezhevets was elected president of Eurojuris-Ukraine Association. Eugene Artukhov was appointed as an executive director of Eurojuris-Ukraine Association.

These events have manifested the emergence of a Ukrainian institution whose main focus will be implementation and support of high European standards for legal services provided in Ukraine. 

Eurojuris-Ukraine Association, having access to an extended network of partners in many countries worldwide, becomes an attractive alternative of large international law firms.

The Ukrainian national chapter of Eurojuris int. has five founding members: Aries Law Firm, Legal Alliance Law Firm, Pravochyn Attorneys, ARCA Law Firm, and Vitaly Tytych & Partners Advocatory Association. 

From now on, joint resources of Eurojuris-Ukraine Association members are available to develop holistic solutions for any legal matters, including through simultaneous support of legal projects by lawyers from various countries.

Initiative to promote extrajudicial settlement of disputes has been among the Association’s first practical steps.  For this purpose, the Association has developed a Joint Disputes Resolution Agreement.  The Agreements has been signed by all participants and is open for accession by any law firm operating in Ukraine.

A press conference regarding registration of the Ukrainian chapter  of the Europe’s largest network of law firms Eurojuris int. and presentation of the Disputes Amicable Settlement Agreement will take place at 11:00 AM on 11 December 2008 at LigaBusinessInfo Press Centre (23 T. Shamrylo street).

The conference will be attended by Borys Tarasiuk, Head of Parliamentary Committee for the European Integration.

On 14 November, the Crimean peninsula welcomed students who opted to test themselves in the “Chrysostom of Tauris” Pan-Ukrainian Contest in Real Estate Market Legal Governance that ran at the Tauric Vernadsky National University.

16 teams who passed contest prequalification represented higher learning schools from different regions of Ukraine; only seven of them were able to hold on to the semi-finals.  

Grand opening of the contest began with a speech of Anatoly Menshikov, partner of Legal Alliance Law Firm, who favoured proactive stance of attendees and wished them success both in the contest and in the future life.  After that the drawing ceremony identified the order of presentation of the teams.

The drawing divided the teams into plaintiffs and defendants.  Semi-finals were run by two judge panels composed of prominent practising lawyers and representatives of the university faculty.

In addressing their cases contestants demonstrated confident knowledge of statutes, gave precise answers to queries of judges and opponents, and freely navigated through details of materials they were offered.  As the result of this stage of the contest, four teams were qualified for the finals.

The finals of the contest took place the following day.  The panel included Viktor Mokrushin, judge for the Crimean Economic Court, Oksana Komedova, senior lawyer for Legal Alliance Law Firm, and Victoria Savchenko, practising lawyer and post-graduate student of the Tauric National University’s department of law.  The teams once more were offered to draw; the first in turn were ELF (Donetsk) and Pro aequi (Ostrog).  This pair entered into a sharp debate while reviewing their case.  

These teams were followed by Law Order and Legal Clinic teams.  Their duel was more reserved which, however, did not affect quality of their performance.  

Judges’ conference at the end of the presentations ran amid lively discussions regarding the ranking of the teams.

As the result Pro aequi (Ostrog) was named the 1st, ELF (Donetsk) the 2nd, and Law Order (Crimea) the 3rd.

Yulia Lopanchuk (Pro aequi) was named the Best Presenter.

All attendees received diplomas certifying their participation in the contest.  At the end Viktor Mokrushin emphasised that it had not been easy to decide on the winner since all the teams manifested themselves as strong and worthy rivals; yet ultimately the victory was awarded to the strongest.  Having expressed his appreciation of the participants Viktor Mokrushin wished them to be as active in the future since the experience gained during the contest promised to be very helpful in their lives and professional careers.

After the contest the attendees were offered a tour of the University and the city, following which they left home with trophies and a massive amount of positive impressions.

The round table was hosted by the Crimean office of the Ukrainian Lawyers’ Association (ULA) under the auspices of Legal Alliance Law Firm.

Apart from practising lawyers traditionally attending ULA events the hosts invited law students, members of the ULA Students’ League.  

The discussion subject is of prime importance considering difficulty of legal governance of relationships evolving out of dynamic growth of the land market and the changing court practice concerning rental disputes.

One of the reports was made by Marina Semenova, director of Semenova & Partners Law Firm, who explained problems of acquiring land titles by individuals in the course of privatisation.  Ms Semenova presented two perspectives of her view of the existing practice:

1. Acquisition of land titles by individuals for development and maintenance of residential houses and utility buildings.
2. Acquisition of land titles by Ukrainian citizens in the course of privatisation of national and municipal agricultural land.

Lack of legal regulation of typical procedural matters related to review of individual applications and the making of appropriate decisions by competent authorities creates numerous problems of enforcement and causes gross abuses of rights of individuals to acquisition of land plots.  

Another report on topical enforcement aspects was made by Dmitry Moiseenko, head of the legal department of the Crimean Republican Union of Consumer Societies, who spoke on problems of renewal of rental relationships in land law.  He gave a practising lawyer’s outlook of concepts and schemes of leases renewal or extension and explained strengths and weaknesses of these schemes.  The speaker pointed at discrepancies between the Civil Code and the Economic Code in treating rights and obligations of entrepreneurial subjects in respect of extension or renewal of leases and shared his hands-on experience in addressing disputes in this matter in courts.

Round table presentations caused lively discussion where participants had a chance to share their experience and knowledge on issues reviewed, as well as to socialize and discuss urgent aspects of land law.

Congress of Eurojuris int., Europe’s leading network of law firms, took place on October 23-26 in Athens, Greece. This central event in Eurojuris life annually attracts members of law community representing Europe as well as Argentina, Brazil, Mexico, Russia, India, Israel, and the USA.

For the Ukrainian delegation that included Legal Alliance Law Firm’s associated partners Aleksei Bezhevets and Dmitry Titarenko, this congress has been a landmark event.  In its course, the Ukrainian national branch of Eurojuris int. was registered making real what the branch participants had been anticipating for a full year.

The Ukrainian national branch of Eurojuris int. comprises Legal Alliance Law Firm, Pravochyn Attorneys, Aries Law Firm, ARKA Law Firm, and Vitaly Titych and Partners.

Aleksei Bezhevets, associated partner of Legal Alliance, was elected president of the Eurojuris int. Ukrainian branch.

According to Mr Bezhevets, European law community very positively viewed the accession of their Ukrainian colleagues.  Further development of these relationships should open prospects for stepping up the level of law business of the Ukrainian branch participants, Aleksei thinks.

In the near future we should expect a news conference and a presentation of the Ukrainian national branch of Eurojuris int. to members of the national market of law services and to the general public.

The company has been testing ground in areas allied to the energy sector as a legal advisor to several large clients acting in this sphere for several years.

The accession of the new partner, Oleksiy Bezhevets, and retention of Denis Vasiliev as a new senior layer opened the opportunity to launch a new full-scale practice at the company that will rely on these gentlemen’s vast previous experience with members of the Ukrainian wholesale energy market (WEM).

Services offered by Legal Alliance within this practice will include comprehensive legal support of power and energy company business, inter alia in matters arising out of their relationships as WEM members.

Rundown of the new practice is offered to the attention of our clients and partners at our official web site at www.l-a.com.ua.

Amid efforts to introduce the new practice to the public Legal Alliance will be launching a special social project acting as the general partner for the students’ round table discussion “Energy Law Trends in Ukraine,” to run on 11 October 2008.

The event is organised under the auspices of the Ukrainian Lawyers’ Association.

The round table aims to dwell on theoretical and practical aspects of energy law, targeting to provide for efficient use of this new knowledge in further academic and practical activity.

Furthermore, the fact that energy law is not a compulsory discipline in academic curricula of law schools makes the subject of the discussion still more valuable for law students.

Round table participants will be offered exclusive master classes by Legal Alliance associated partner Oleksiy Bezhevets, “Electric Power Industry Legal Aspects. Principal Concepts. Wholesale Energy Market Structure. Law Enforcement Issues,” and by the company senior lawyer Denis Vasiliev, “Conflict Aspects in Relationships within WEM.  Payment Arrears. Court Practice.”

The event was organised under the auspices of the Ukrainian Lawyers’ Association.

Since the time it first took place three years ago the tournament in Sudak has turned into one of the most prominent amateur billiards contests running by professional rules. 

Partners of the tournament included Legal Alliance Law Firm, Southern Legal Group, Kiev’s Argomed Real Estate Agency, and Magisters Law Firm.

Billiards lounge of the Sudak Recreation Complex’s business centre welcomed lawyers from across the Autonomous Republic of Crimea, as well as from Kiev, Vinnitsa, and Lipetsk (the Russian Federation).

By tradition, the tournament was opened by its guest of honour, member of the Ukrainian parliament Boris Deich.  The participants were also welcomed by Sudak’s mayor Andrei Dementiev who has been a repeated participant in the tournament in the past three years.

Segrei Solovyov, changeless referee of the open billiards tournaments for lawyers, noted that the participants continually multiplied their own performance.  It is the high individual skill and warm friendly atmosphere that make the tournament entirely free from any issue points at billiard tables. 

The hottest part of the tournament was the quarter-finals with Denis Syshchenko versus Yevgeniy Drachevsky and Konstantin Skorubsky versus Viacheslav Shchepansky.  With a winner required to make 4 victories both pairs got to 3:3 by games, with the Skorubsky – Shchepansky pair having 7:7 by balls in the last game.  Fortune was more favourable to Konstantin Skorubsky, a tournament beginner, who became number four by games. 

The third place was won by Vladimir Dementiev, chief of administration department from Lipetsk oblast and the first Russian national to participate in the tournament. 

Associate prosecutor for the town of Vinnitsa Yevgeniy Drachevsky reached the finals after five consecutive victories wrestled at great pains. However, he only came with silver in the finals. 
The gold of the 6th Sergei Lavitsky Open Billiards Tournament for Lawyers was earned by Igor Dvorny, judge of the Crimean Economic Court. 

Igor Dvorny - tournament winner

To recall, Igor Dvorny already made it to the finals at the last tournament however, although many had no doubt of his victory, he lost to Vitaliy Chesnokov, consultant to a member of the Ukrainian parliament, while originally being two games ahead.

This year Mr Dvorny was one of the tournament favourites from the outset.  Having demonstrated confident and spectacular game he secured the well-deserved 4:0 victory in the final duel.

As usual, the winner received the tournament cup and a personalised handcrafted luxurious mahogany cue.

Tournament winners

At the end the participants marked the environment of sound competition created at the tournament drove up the aspiration for a better result.  Perhaps this was why those who played at the open billiards tournament for lawyers for the first time three years ago still remain its regular attendees. 

In the meantime, having yet another time tested their luck and will to success, the participants of the 6th Sergei Lavitsky Open Billiards Tournament for Lawyers took leave until the new season the next spring.

Natalia Dokuchaeva
Development Manager
Legal Alliance Law Firm

At their meeting on 15 September 2008 Legal Alliance Law Firm partners appointed Dmitry Titarenko, formerly firm’s senior lawyer, an associated partner.

Dmitry Titarenko graduated from the department of economics of Tauric V. Vernadsky National University (Crimea) in 2004 with an honours diploma in economic cybernetics.

In 2007, Dmitry completed a Master’s programme at the law department of the University.

Before joining Legal Alliance, Dmitry worked for a number of companies doing a variety of duties, including as a paralegal, journalist, and economist.

His evolution as a professional lawyer, however, Dmitry associates with legal Alliance Law Firm where he has been able to make a striking career – from a trainee to an associated Partner – in just two and a half years.  

Dmitry was invited to Legal Alliance in 2006, as the result of a scholarship competition for students of Crimean higher learning establishments.  

Such competitions were launched by Legal Alliance in 2004.  In different years, they yielded the company three promising employees who continue making career with Legal Alliance.  

After successful internship at Legal Alliance, Dmitry Titarenko was hired as a paralegal in 2006 and was promoted to a staff lawyer in 2007.

In just a year, Dmiry approved himself not only as an excellent practising lawyer but also as a gifted manager able to make administrative decisions and support self-sustained projects.  These professional qualities were not left unnoticed by Legal Alliance executives who promoted Dmitry to a senior lawyer in late 2007.

As Dmitry himself said in his comment on the new appointment, “I believe, success is about not being afraid to work doing everything with a maximum quality, and being prepared to make and correct mistakes.  Besides work, one should also be able to relax – this is quite important in our firm.”

According to Legal Alliance managing director Yuri Sharatov, promotion of Dmiry Titarenko to a partner was a landmark event for the firm.  On the one hand, it was a mark of appreciation of his results, personal and business qualities. On the other, it was a realisation of the open partnership principle advocated by the firm, as well as actual implementation of its effective concept of young professionals development.  Example of Dmitry, who has covered the way from an intern paralegal to an associated partner, should be seen as a signal to other Legal Alliance specialists that active attitude and dynamic personal growth will not remain unnoticed and will be adequately rewarded. 

The conference was attended by Dmitry Aleshko and Ilya Kostin, senior partners of Legal Alliance; Denis Bugai and Vladimir Vashchenko, partners of Vashchenko, Bugai & Partners; Aleksandr Onishchenko, managing partner of Pravochyn; Valentin Zagaria, managing partner of Spenser & Kauffmann; Yevgeni Sologko, chief executive of Solodko & Partners; Elena Sotnik, junior partner of Solodko & Partners; Tatiana Glukhovskaya, managing partner of Konnov & Sozanovsky, and Vikotr Mirsky, partner of Konnov & Sozanovsky.

Management of human resource of legal companies was the key topic of discussion of the central work session that ran in the Georgian restaurant Tiflis in Yalta’s Livadia neighbourhood.

The discussion touched upon various aspects of retaining young specialists to a law firm, their training and professional upgrade within the company, career growth opportunities, compensation, as well as certain issues concerning company policy in regard of ex-employees.

Apart from work sessions the participants had the opportunity to enjoy a sail trip from Yalta coast to the famous twin-rocks A-Dalaram near Gurzuf.

The next conference of the law firm partners is scheduled for the end of September in Kiev’s China White restaurant.

Team of Legal Alliance Law Firm partners added to its numbers effective 1 September 2008.

Aleksei Bezhevets, attorney, joined the firm as its associate partner.

Mr Bezhevets is a graduate of the Ukrainian National Academy of Home Affairs.

Presently he is taking an MBA course (Executive MBA, Institute of International Business Relations, Berlin).

He is a member of the Ukrainian Lawyers’ Association since 2004.  In 2005, he was elected chair of the Association’s committee for adjective law.   

Before 2001, Mr Bezhevets worked as a senior expert with the contract administration unit of the Ukrainian Home Affairs Ministry’s International Relations Department.

In the past seven years Mr Bezhevets has made a career from a lawyer to managing partner at ARKA Law Firm.

Aleksei Bezhevets’ specialisation is business and energy law.  

According to the annual publication Ukrainian Law Firms 2008. A Handbook for Foreign Clients by Legal Practice Publishers, Aleksei Bezhevets is the most recommended lawyer for energy law in Ukraine.

Mr Bezhevets has nearly 50 publications in legal periodicals.

According to Mr Bezhevets, his principal motive for working with Legal Alliance was the desire to scale up his legal practice in a team of like-minded professionals.

The principal goal of this trip of the Eurojuris Int. team was to get familiarised with the Ukrainian market of legal services and operation of legal business in Ukraine, as well as to run a number of working meetings with representatives of five national contenders for a Eurojuris network corresponding member status — Legal Allince Law Firm being one of them.

The three-day programme of Eurojuris Int. delegation’s stay in Kiev included discussions with partners of local law firms on proposed organisation of their business within the Eurojuris framework and presentations delivered by each of the firms at its offices.

In assessing the contender companies Madame Tries focused on their compliance with the criteria Eurojuris Int. network applies to its members.

Such criteria include sophistication of technology used by a company, including availability of an efficient state-of-the-art web-page, as well as compulsory knowledge of two foreign languages (including English) and professional experience with international projects.  Particular requirements also apply to each company’s clientele structure.

Presentation of Legal Alliance Law Firm on 18 July concluded the series of contender presentations.  As the result of it Eurojuris Int. team members expressed their desire to see Legal Alliance among the network members and recommended that the firm commenced administrative procedure to prepare for the Eurojuris Int. corresponding membership.

Legal Alliance Senior Partner Dmitri Aleshko said, “The main goal of our cooperation with Eurojuris Int. is to open an opportunity to improve efficiency of our services by allowing our clients unrestrained and rapid access to qualified legal service within any jurisdiction where a partner firm is present.  

“By becoming a Eurojuris Int. corresponding member we also seek to secure guaranteed availability of qualified legal services in Ukraine for clients of our foreign partners.”

During the last day of Eurojuris Int. visit the host party made arrangements for an informal programme: the delegation members were offered a journey of Kiev’s tourist attractions during which the guests had a chance to appreciate historical and cultural sites of the Ukrainian capital.

The event was attended by over 200 executives of CIS’s most prominent law firms, as well as by representatives of international legal community and counsels for top legal practices.

Legal Alliance Law Firm was represented at the Forum by its senior partner Dmitry Aleshko.

The CIS Local Counsel Forum was designed as a comprehensive gathering of legal community representatives from across the CIS and other countries, focused on improvement of joint business environment and long-term cooperation opportunities.

The event set off with an informal round table discussion on organisation and management of a legal practice.  

Forum participants discussed aspects of relationships between partners, market rollout strategies, retention of interns, personnel skill improvement, invoicing, remuneration of attorneys, development planning, and use of state of the art technologies in a legal practice.  

Of particular interest was the subsequent focus discussion on virtual office technologies implementation and development.

During the three days of the Forum’s agenda the lawyers were offered discussions and section workshops on subjects reflecting the most critical aspects of legal markets operation, such as model client/attorney agreements, professional associations and (self-)governance of the legal profession, relationships between domestic and international law firms, and more.

The attendees pointed out that the Forum had been an excellent opportunity to exchange experience and knowledge that relate to laws and economies of their home countries, as well as to identify opportunities for joint business and long-term cooperation.

A convention of partners of law firms aimed to discuss topical aspects of partnership agreements took place on 3rd July 2008 at LEO Club restaurant.

The event ran under the auspices of the Partners’ Forum under the Ukrainian Lawyers’ Association.

The attendees included Ilya Kostin, senior partner for Legal Alliance law firm; Oleg Makarov, managing partner for Vasyl Kysil & Partners attorneys; Denis Bugai, partner for Vashchenko, Bugai & Partners law firm; Oleg Davidenko, managing partner for Aries law firm; Aleksandr Onishchenko, managing partner of Pravochyn attorneys; Sergei Tiurin and Svetlana Trofimchuk, partners for Sergei Tiurin & Partners law firm; Valentin Zagaria, managing partner for Spenser & Kauffmann law firm; Elena Sotnik, junior partner for Solodko & Partners joint-stock company;and Artyom Atepalikhin, partner for Rafalsky & Partners law form.

In the course of the discussion the participants agreed that a preparatory process for a partnership agreement should begin with settling issues that have a strong potential of becoming a sticking point between partners.

Such issues primarily include procedure of withdrawal from a partnership and its winding-up; the sharing of clients between partners; fee accrual policy and manner of profit distribution.

Particular attention was drawn to the fact that a partnership agreement today is in fact just a little more than a gentlemen’s understanding.

On the other hand it is quite realistic to turn it into a constituent document using such business constitution form as association of attorneys.  However, not all attributes of a partnership agreement may be included in an instrument on formation of such an association since a typical partnership agreement has broader subject of regulation – it is not limited to legal aspects of relationships between partners but also covers moral and ethical norms. 

The next meeting of partners for law firms is to take place outside Kiev: it is scheduled for 28 August at Yalta’s Tiflis restaurant.

Round table discussion “Construction Business: Legal Aspects of Land Allocation and Regulation of Property Development” took part in Sevastopol on 26 June 2008.

The discussion ran under the auspices of the Ukrainian Lawyers’ Association.

Senior partner of Legal Alliance Company Yuri Sharatov and Head of UBA's Sevastopol branch Sergey Pogrebnoy

Participants in the event discussed matters related to land allocation for construction, as well as problems of legal governance of minor developments.  Individual presentations dwelled on construction financing, specifically construction financing funds and financing residential development through special-purpose bonds. 

Dmitry Titarenko, senior lawyer of Legal Alliance Company

Speaking at the round table Dmitry Titarenko, senior lawyer for Legal Alliance Law Firm presented his report on schemes of cooperation between investors and persons possessing development rights.

The event was attended by Legal Alliance lawyers, members of the Ukrainian Lawyers’ Association, Anastasia Rakaeva, Aleksandra Nikitina, Natalia Dokuhaeva, and Legal Alliance senior partner Yuri Sharatov.

Legal Alliance Company's lawyers Vladimir Visnevskiy and Natalya Kurochkina represented the Institute in litigation.

The court also nullified the appropriate Decrees of the Cabinet of Ministers of Ukraine and the Counsil of Ministers of the Autonomous Republic of Crimea, derogative towards the right of ownership of the Russian company.

The court decision contemporized with the fifth anniversary of Scientific Research Institute of Instrument Design named after V.V. Tikhomirov.

Legal Alliance Company partners the workshop "Antitrust legislation: M&A issues".

In his report on legal issues of medical insurance Mr. Illya Kostin, managing partner of Legal Alliance Company, has proved the need in new methods of financing healthcare in Ukraine, particularly, implementation of obligatory medical insurance.

It is Mr. Kostin's opinion that such an innovation would help resolving the problem of insufficient financing in this field and also contribute improving the quality of medical services provided to the people.

Mr. Kostin has underlined the problems the project will face due to the imperfection of Ukrainian legislation and offered the possible solutions.

Mr. Stanislav Khanenko, the First Deputy Minister of Healthcare of Ukraine, representatives of EC Delegation and international experts from Germany, Holland, Slovakia and other European countries participated in the workshop.

In May, 2003 our client company has sold wheat grain below cost. Later on authorities of state tax inspection reduced the amount of budget reimbursement to the company for this reason. In their opinion, the grain was purchased not for the means of economical activity of the enterprise.

During the hearings the legal position of state tax bodies was not supported by the courts, including Supreme Arbitrate Court of Ukraine which rejected an appeal of State Tax Inspection of Pecherskiy district in Kyiv on 13 April, 2005.

Court of Cassation did not agree with the state tax inspection's arguments and verified that unprofitable transaction should be considered as a result of economical activity of a company.

The court decided that according to the provisions of law economical activity is for income, not profit. The intention to gain income but not the fact of collecting revenue is of decisive importance.

BIZPRO project is being realized in Ukraine since 2000.

The goal of the project is to create a dynamically growing group of highly productive companies, which will be able to compete successfully in the foreign and home market.

With the support of Ukrainian and international organizations BIZPRO assists to national companies at different levels, including the state one.

One of the main guidelines of the Conference was to determine factors which have impact on the travel industry as well as to meet some challenges Ukrainian travel business faces every day.

It was decided during the Conference to create a working group on improvement of state regulations in the field of tourism. After discussion the abovementioned working group will make its suggestions concerning changes and amendments to legislative acts, which are expected to contribute to development of competitive tourist industry in Ukraine and, particularly, in Crimea.

Particularly, Mr Zvarych emphasized that it is necessary to adjust Ukrainian legislation with the legislation of EU countries as well as to eliminate differences between the laws of Ukraine in the nearest future. Minister believes that reform of justice and improvement of mechanism of execution of court decisions are also among the priorities of the Ministry.

Such measures would strengthen market economy and contribute to democratic processes in Ukraine.

Previously Mr Sharatov was taking up a post of Deputy Head of Law Department of Ministry of Health of Ukraine.

Tax inspection categorized Eupatoriya trade seaport transactions on bunkering foreign ships with fresh water as supply of water, not providing services on delivery and bunkering. According to the provisions of the Law of Ukraine "On VAT" a supply is a subject to taxation at 20 percent rate. This also meant that our client had to pass through the proper customs formalities.

Anatoliy Menshikov, Legal Alliance Company's partner and head of Tax and Antitrust Law Department, proved before the panel of judges of Supreme Arbitrate Court of Ukraine that the a.m. transactions should be considered as services on delivery of fresh water and bunkering foreign ships with fresh water, not a supply. These services according to legal regulations are subject to taxation at zero rate.

The matter of issue was illegal use of punitive sanctions towards our client by State Inspection on Prices and Price Forming for breach of state price discipline.

Supreme Arbitrate Court of Ukraine approved of Company's legal position. During the court hearings our lawyers justified the prices which have been set by the regional divisions of State Sanitary and Epidemiological Service for their services as well as proved that our client has had a right to include 20 percent VAT in its rates.

The matter of case is acknowledge of property rights for the rest-house, situated in the Crimea.

The main feature of this case is that at once three subjects claim to be the owners of the abovementioned real estate: State Property Fund of Ukraine on behalf of Ukraine, Federal Agency on Federal Property Administration on behalf of Russian Federation and also one of the largest Russian enterprises in the field of machine construction, which is a subsidiary of industrial giant "Air-raid Concern "Almaz-Antey".

Unexampled is that Russian federal governmental bodies issued a power of attorney to represent their interests to Ukrainian legal company.

Registration to the event is open till 29 August 2005 by e-mail: office@legalalliance.com.ua or by phone: +38 (044) 206-2753.

Participation is free of charge. The event will be held in Ukrainian.

Should you have any questions, don't hesitate to contact Legal Alliance Company office at +38 (044) 206-2753, (044) 206-2754.

Nevertheless, Legal Alliance Company's lawyers changed this stereotype. Applying Article 23 and 1167 of the Civil Code of Ukraine the court satisfied the requests of the defendant in the main claim and a plaintiff in the counterclaim concerning the compensation of moral damage, which appeared as the result of the unjustified claim. The decision is already in force.

It is interesting to note that the plaintiff in the main claim was the Ukrainian Mobile Communication Company (UMC).

Source: The Ukrainian Journal of Business Law. August 2005.

Participants of the action - Ukrainian lawyers, representatives of Russian companies from Moscow and Severodvinsk, directors of Crimean rest-houses and sanatoriums - discussed legal issues of Ukrainian-Russian relations in the field of acknowledge of property rights for objects of social sphere as well as practical aspects of purchasing land plots at natural reserves.

"Lobbying of positive changes in Ukrainian legislation can be successful only if all interested parties act together, in coordination, - says Ilya Kostin, Managing partner of Legal Alliance Company. - We followed this principle while formulating the goal of the round-table discussion: to join forces of the owners in order to defend their interests".

According to organizers, this goal was achieved. The participants approved the idea to forward to the Cabinet of Ministers of Ukraine address concerning introduction of changes to certain resolutions of the Government.

Participants of the Forum discussed current practice of arbitration of tax and commercial disputes, issues of international commercial arbitration, legal aspects of banking and financial activity, etc.

In his speech within the framework of the Forum Mr. Illya Kostin, Managing partner with Legal Alliance Company drew attention of the audience to the problematical issues of recognition of ownership of the objects of social sphere according to the provisions of Agreement between Ukraine and the Russian Federation on mutual recognition of rights and regulation of property relations.

The Competition will be held in two stages. During the first stage the competent jury will select four best written works. The second (final) stage will be held as a moot court competition with participation of authors of the four selected works.

The winner team will be presented with a money prize in the amount of UAH 2,000.00; the second award of the Competition is UAH 1,000.00. Moreover, each of the finalists will be offered to take an internship with Legal Alliance Company.

Legal Alliance Company and Ukrainian Bar Association wish every participant of the Law Competition good luck and creative thinking!

Please consider the necessity to transform joint ventures and collective enterprises according to the provisions of Ukrainian legislation.

The period set by normative acts for such transformation is currently expired.

Failure to hold reorganization may cause difficulties in economical activity of the legal entity, particularly, connected with obtaining licenses and permissions at governmental and municipal bodies.

Yuriy Sharatov, General Director of the Company
Irina Pustovitenko, partner
Anatoliy Menshikov, partner, Head of Tax and Antitrust Law Department
Vladimir Visnevskiy, attorney.

We congratulate our colleagues sincerely and wish them all the best in their professional carrier!

We consider our work as a permanent progression, creation of competitive and effective solutions for business stability and financial success of our clients. We aim development and perfection, and this was acknowledged by high rating of the Company.

Previously Elena Murashkovska held a position of principal specialist of Legal Department of Ministry of Health of Ukraine and served as a principal specialist of Legal Department of the Ministry of Agrarian Policy of Ukraine.

Prior to re-joining the Company Mr. Aleshko served as Head of Legal Department of the Ministry of Health of Ukraine and also led the Department of Legal Work of the Ministry of Agrarian Policy of Ukraine.

Mr. Aleshko is a prominent professional in medical and tax law. Therefore, his practice with the Company will be focused on these fields.

Dmitriy Aleshko, Legal Alliance Company General Director, Chairman of the Jury

Yuriy Sharatov, Legal Alliance Company Deputy General Director

Illya Kostin, Managing Partner with Legal Alliance Company

Anatoliy Menshikov, partner with Legal Alliance Company, Director of Department of Tax Law

Irina Pustovitenko, partner with Legal Alliance Company, Director of Real Estate Department.

We are also delighted to announce that Valentin Gvozdiy, Director of "Gvozdiy and Partners" law firm, Head of Tax Committee of Ukrainian Bar Association and Antonina Bobkova, Head of Department of Commercial Law at Donetskiy National University became honorary members of the Jury.

Since it was established in 2002 Ukrainian Bar Association was meant to be a professional non-governmental organization of new generation. Association is aimed for development of a rule-of-law state in Ukraine, professional development of lawyers and enhancement of the role of law and legal profession in society.

Members of Ukrainian Bar Association are Minister of justice of Ukraine, judges of Ukrainian courts of all levels, including the Supreme Court of Ukraine, associates and partners of leading Ukrainian law firms, lawyers working at governmental bodies and private companies.

Crimean department of Ukrainian Bar Association united representatives of Crimean judiciary, notaries, institutions of justice, attorneys and lawyers.

In his speech dedicated to establishment of Crimean Department of Ukrainian Bar Association Mr. Dmitriy Aleshko, Director General with Legal Alliance Company mentioned the necessity of development of legal profession and also emphasized the role of professional lawyers in Ukrainian society.

Mr. Rusanov, Director of "Avel" law firm (Yalta) considers professional experience exchange and informal communication of Crimean lawyers extremely important.

Candidate members of Ukrainian Bar Association, members of Students' League of Ukrainian Bar Association also joined the meeting.

After decision on establishment of Crimean Department of Ukrainian Bar Association was made, all the participants expressed their will to contribute to Department's activity. Statute of Crimean Department was approved as well as application for approval of nominee for the position of executive director of the Department. The both documents were forwarded to the Board of Directors of the Association.

We encourage our colleagues in Crimea to become members of Crimean Department of Ukrainian Bar Association!

1st place - Elena Chirko, fourth-year student, National University of Internal Affairs;

2nd place - Valeriy Sirotyuk, fifth-year student, Tavrida National University named after V.Vernadskiy;

3rd place - Oksana Komedova, fifth-year student, Faculty of Economy and Law, Odessa National Law Academy;

4th place - Dmitriy Titarenko, fifth-year student, Tavrida National University named after V.Vernadskiy.

We cordially thank all those who took part in Annual Student Law Competition and wish the finalists good luck!

One of the core directions of Legal Alliance Company's activity is the conduct of tender procedures.

At present the Company offers a broad scope of information and consultation services which concern the issues of preparation and holding of tender procedures during purchase of goods, works and services at the expense of state budget. The Company has a significant practical experience in this field which has been highly appreciated by the Company's Clients among whom there are the Academy of Medical Sciences of Ukraine, the Institute of Neurosurgery of the Academy of Medical Sciences of Ukraine, the Institute of Cardiology of Ukraine, the Institute of Oncology of the Academy of Medical Sciences of Ukraine, the Institute of Traumatology and Orthopaedics of the Academy of Medical Sciences of Ukraine.

On February 28, 2006 Legal Alliance Company is conducting the seminar "Legal aspects of purchase of goods, works and services by state enterprises, economic companies, which nominal capital has the state share exceeding 50%".

The seminar is aimed for heads, chief accountants, economists, lawyers of state enterprises, economic companies which nominal capital has over 50% of state share.

The topic for discussion: novations in the current legislation of Ukraine on purchase of goods, works and services in the light of coming into force of the Decree of the Cabinet of Ministers of Ukraine no. 73 as of 27 January 2006 " On specific issues of purchase of goods, works and services by state enterprises and economic companies which nominal capital has the state share exceeding 50%".

Rapporteur: Partner with Legal Alliance Company, specialist in the sphere of conduct of tender procedures Anatoliy Anatoliyevich Menshikov.

Participation fee: 160 UAH per a participant (without VAT).

Place: AR of Crimea, Simferopol, 115 Kievskaya str., Crimean Republican Trade Unions Palace of Culture.

Registration of the participants: from 10.30 to 11.00.

Application deadline: 27 February 2006 (before 2 p.m.).

Contact tel: 0652 51 07 05, 51 02 98, 51 19 42, 8 050 397 40 58.

The main task of the Department is the search of objects of commercial real estate, which will satisfy the needs of the clients, as well as legal support of purchase and sell transactions of real estate and land plots, including title documents which are "problematic" in terms of correctness and comprehensiveness of their registration.

The activity of the Department of Real Estate Activities, as well as the Company's activity on the whole, is aimed at satisfying the needs of our Clients. Each project is being worked on by a team of professionals, which renders a full scope of realtor services, from selection of objects upon the request of the client and search of persons interested in purchase of given objects up to the procession of the full package of documents (turnkey) necessary for the realization of transactions with given objects and the registration of transactions.

From now on the office will be situated in a newly-built "Vvedenskiy" complex, in the very centre of Pechersk district in Kyiv.

Our new address is:

You may reach the office at the following telephone numbers:

(044) 569-1582, 569-1584, 569-1585, 569-1589.

We will be pleased to see the Company's clients and friends in our new office!

The participants of the competition were the students of the leading Crimean universities. The first stage of the competition was conducted by correspondence. The participants had to solve five written assignments which were prepared by competent lawyers. The competition assignments were elaborated in a way which allowed to bring out those students who possess both a solid knowledge of theory and legislation as well as a creative thinking. That is why the participants were suggested assignments based on practical situations.

The competition commission selected four best works of all presented at the competition. The winners of the first round became Dmitriy Titarenko and Valeriy Sirotyuk, fifth-year students of Vernadsky National Tavrida University, Yelena Chirko, a fourth-year student of National University of Internal Affairs and Oksana Komedova, a fifth-year student of the Faculty of Economics and Law of Odesa National Academy of Law.

The second round of the competition was held at Vernadsky National Tavrida University in the form of a show trial. The winners of the first round formed two teams which presented the positions of the plaintiff and the defendant in a tax dispute. The members of the high jury - "judicial collegium" - were:

Valentin Analoliyevich Gvozdiy, Managing Partner with "Gvozdiy and Oberkovich" advocate company, Chairman of the Committee on taxation of the Association of Lawyers of Ukraine,

Antonina Grigoriyevna Bobkova, Doctor of Law, professor, Head of the Chair of economic law of Donetsk National University,

Anatoliy Anatoliyevich Menshikov, Partner with Legal Alliance Company, Director of Company's Department of Tax Law.

Upon the results of the second round the team of the defendant which consisted of Valeriy Sirotyuk and Oksana Komedova won.

The teams of the plaintiff and the defendant were awarded with personal educational grants of Legal Alliance Company, the organizer of the contest. In addition to that all the participants were awarded with memorable souvenirs of the Association of Lawyers of Ukraine.

Antonina Bobkova pointed out that the knowledge of the participants of the competition, their ability to use the legislation and their will to demonstrate the command of skills necessary for their future profession deserved a high appreciation. As the head of a leading advocate company in Ukraine Valentin Gvozdiy noted that the staff policy of legal companies "expressly implies providing a prerogative for obtaining vacant positions by young specialists who are winners of similar contests in Ukraine and abroad".

Dmitriy Aleshko, General Director of Legal Alliance Company, noted that similar competitions enabled the activation of scientific, research and practical work of students and aroused a great interest among students.

При подборе судейской коллегии конкурса были учтены все возможные аспекты оценки с точки зрения юридической науки, юридической и экологической практики. В состав коллегии вошли: судья хозяйственного суда АР Крым Мокрушин В.И., заведующий кафедрой хозяйственного и экологического права юридического факультета Таврического национального университета им. В.И. Вернадского Орлов Н.А., начальник юридического управления Совета Министров АР Крым Опанасюк Л.Н., директор Центра исследований технологий устойчивого развития Крыма Карпенко С.Н.

Несмотря на сложность и специфичность предложенной темы - «Экологизация экономики Украины», - конкурс вызвал большую заинтересованность среди студентов-юристов. По итогам отборочного тура к участию в финале конкурса, который состоялся в эти дни в солнечном Крыму, были приглашены пятнадцать студентов из Луцка, Днепропетровска, Харькова, Донецка и Симферополя. Финал проходил в форме слушаний, поэтому участники могли повысить баллы, заработанные при оценке письменных работ, лишь показав высокое мастерство при представлении своей работы перед судьями и в последующей дискуссии.

По итогам финального тура Диплом первой степени и кубок «Таврический Златоуст-2006» завоевал студент 4 курса Таврического национального университета им В.И. Вернадского Данила Панов;

Диплом второй степени - студент 4 курса Таврического национального университета им В.И. Вернадского Сергей Фоминых;

Диплом третьей степени - студентка 3 курса экономико-правового факультета Донецкого национального университета Ольга Боднар.

Жюри конкурса охарактеризовало «Таврический златоуст» как перспективное и интересное направление для научных изысканий, подчеркнув все же, что наука мертва без практического применения. А поэтому было рекомендовано представленные конкурсные работы развивать, внедрять в жизнь, с целью повышения экологической культуры в стране, и при этом искать меньше противоречий, отдавая приоритет поискам путей конструктивного поощрения разумного хозяйствования.

Судьи единогласно отметили высокий научный потенциал работы победителя, порекомендовав ее, а также работы призеров к дальнейшей печати. Все участники финала были приглашены к участию в научной конференции, посвященной вопросам экологического аудита, которая состоится в Алуште в июне 2006 г.

Турнир проводится в рамках Форума здоровья юриста Ассоциации юристов Украины.

Решение выступить организатором турнира по бильярду продиктовано в первую очередь нашим желанием поддержать эту игру, которая в силу своих качеств близка нам по духу, и принципы ведения которой соответствуют нашим подходам к бизнесу.

В нашем понимании такая игра, как бильярд, объединяет вокруг себя людей, для которых достижение результата, в основе которого лежит высокий профессионализм и непревзойденное мастерство, является основополагающим принципом в жизни и в работе.

Официальным медиа - партнером АЮУ выступает журнал «Український Юрист», информационными партнерами турнира являются: телерадиокомпания «Черноморская», газета «Юридическая Практика», а также украинский журнал «Бизнес и Закон».

Their merits were appreciated by the management of the Company — Vladimir A. Visnevskiy and Natalia N. Kurochkina were appointed as senior lawyers of the Legal Alliance Company in Kiev.

Legal Alliance Company provides complete legal support for the chain along its entering the Ukrainian market.

The publishers recognized the currently unique specialization of the Company — medical and pharmaceutical law.

The Managing partner Ilya P. Kostin and the senior lawyers V. A. Visnevskiy and N. N. Kurochkina formed a team of lawyers working on the project hereinabove.

An important part of presentations made at the forum by leading attorneys, consultants, independent experts and representatives of the government was a report by Anatoly Menshikov, Partner of Legal Alliance law firm. In his speech, Mr. Menshikov analysed the status of protection of titles to properties in Ukraine held by Russian residents. The presenter emphasised the high importance of this topic and pointed out that property issues have been among the most acute throughout the ex-Soviet states and that gaps and conflicts inherent in Ukrainian laws often created fertile ground for hostile acquisition of properties in the country.

The Tournament, sponsored by Legal Alliance and Magistr & Partners law firms, attracted nearly 30 participants — lawyers from the Crimean Autonomous Republic and other regions of Ukraine. This year's winner — as well as the last one's — was Head of the Republican Tax Police Mr. Vladimir Okhrimenko. Mr. Yaroslav Sosyuk of Chernyavsky, Klinskaya & Partners became number two, with the third place awarded to Igor Katzai Head of the Crimean Committee for Forestry and Hunt Management.

Legal Alliance's managing partner Ilya Kostin and senior lawyer Natalia Kourochkina have been working with the project as its legal advisors since 2005.

The new agreement will allow both parties to analyse the existing legal framework and initiate adjustments to regulations and sublaws in this area. Furthermore, Legal Alliance will be able to come out with legal opinions on acts of executive authorities and represent the Committee before courts and relevant government offices.

The agreement is of a vast importance for harmonisation of and strengthening relations in interethnic affairs and migration and for meeting ethno-cultural needs of Ukrainian living abroad.

Separate events within the Festival will also include a show of children's drawings and photos, as well as presentation of original bread-baking technologies running under the title «Our Bread is the National Endow,» and an exposition of traditional crafts. The «Inflorescence» Festival will be closed by a gala concert.

Legal Alliance Company is a young team of experienced professionals devoted to their job and directing the whole of their knowledge and experience towards addressing the variety of problems faced by their clients.

Our job is to constantly move forward in finding competitive and efficient solutions to secure financial success of our clients. We work hard to develop and perfect ourselves — as proves the high rating awarded to the Legal Alliance's team.

The opening of a new multitype clinic at Kiev's Osokorki quarter expected on 31st December 2006 will become yet another milestone in Boris's market career. The new complex to occupy 10.3 thousand square meters will combine under its roof all possible specialists, laboratory and diagnostic equipment, and intreatment facilities. This «all-in-one» pattern of medical care well known in Europe will be presented to Ukrainian patients for the first time.

At present, Boris is the largest private medical establishment in Ukraine. Legal Alliance Company is providing full legal support to the new Boris clinic project.

Noteworthy about this dispute is not only the amount claimed by the plaintiff from the Ukrainian state but also that this is the first time in the Ukrainian judicial practice that the restitutiо in integrum principle, provided in the Law of Ukraine On Enforcement of Resolutions and Application of Practice of the European Court of Human Rights, would be applied. In this context, the case will be tried by the Supreme Court as a court of general jurisdiction.

The facts of the dispute are as follows. In 1991, Soviet rouble notes were exchanged into bills of a new design in the course of a monetary reform. At that time Leonid Tregubenko attempted to exchange 230 thousand roubles in the old notes into the same amount in the new notes, however the Exchange Commission of Yalta (Crimea) limited the amount he could exchange to 2,462 roubles only since Mr Tregubenko had no evidence that the balance was received in a legitimate manner. As the result, Leonid Tregubenko lost most of his money.

The European Court of Human Rights reviewed the claim of Leonid Tregubenko in November 2004 and resolved in his favour. The court admitted that Mr Tregubenko's rights provided by Article 6 of Section 1 of the Convention for the Protection of Human Rights and Fundamental Freedoms and Article 1 of its Protocol One were infringed and that he was therefore entitled to equitable relief from Ukraine including 53.6 thousand euros in tangible damage, 5 thousand euros in moral damage, and 1 thousand euros in related costs and expenses.

Memorandum will be an important tool to develop and intensify mutually rewarding cooperation in statutory governance of manufacturing, quality assurance and sale of pharmaceuticals and medical products.

The court recalled the decree No. 6-186 dd. 25th September 1998 of the Plenum of the Supreme Court of Ukraine on satisfaction of protest of Supreme Court Chair, supported by Prosecutor General of Ukraine.

The distinction of this suit is the use — for the first time in Ukrainian judicial practice — of the restitutiо in integrum principle, provided in the Law of Ukraine On Enforcement of Awards and Application of Practice of the European Human Rights Court.

The event, hosted by the Crimean division of the Association's Students' League, was sponsored by the Democracy Assistance Fund under the US Embassy to Ukraine.

Partners of the event included Legal Alliance and Magister & Partners law firms.

The importance of this training facility for law students was in that most of Ukraine's higher learning institutions still don't have the World Trade Organisation law on their curricula. The strategic goal of becoming a WTO member pursued by Ukraine poses the urgent challenge to train relevant specialists, including lawyers, who would face the new context without restraint and would act confidently amid the WTO legal framework.

The workshop stirred up much interest among law students, attracting as many as 50 applicants from all ends of Ukraine. The arrangements for the event were, unfortunately, to tight to accommodate all of them, with ultimately only 35 students from 22 schools across Ukraine being invited. Workshop participants represented all in all 13 Ukrainian regions.

During the four days of the workshop its presenters — theorists and practical lawyers in WTO regulations — shared their knowledge and experience with the students. The tutors included the lecturers for Donetsk National University's Economics and Law Department Zvenislava Opeida and Daniil Fedorchuk, as well as a number of counsels and attorneys for large Ukrainian law firms: Yuriy Kushnir (partner, Danilko, Kushnir, Soltis & Yakimyak), Viktor Dovhan (counsel, Salans), Natalia Mikolskaya (attorney, Vasyl Kysil & Partners), Olga Herasymiv and Ivan Trofimenko (counsels, Magister & Partners).

Setting off with theoretical essentials of the WTO law the workshop gradually delved into the practical aspects of the subject, revealing its facts and idiosyncrasies.

During day three the participants were offered a mini-debate on pros and contras of Ukraine's membership in WTO. They had to demonstrate their presentation skills and command of the relevant material to persuade the competent jury in favour of their position. Three best presenters were awarded rare publications on the WTO law by the Ukrainian Lawyers' Association.

The third day ended with a buffet party where students had a chance to relax after the workshop's busy formal schedule and socialise.

During day four the participants attended a master class delivered by Oleg Ryabokon who presented a case study of WTO regulations application in Ukraine in the antidumping probe of compressors import from Belarus carried out by lawyers for Magister & Partners.

At the workshop closing ceremony the participants received certificates on the course completion.

Pfizer H. C. P. Corporation, known to be the world's largest pharmaceutical company, is a leader of the international medicines market. Its history is 150 years of continuous development and enhancement of medical technologies aimed to make human life longer, healthier, and more productive. Over 12 thousand staff scientists work in the company's research centres creating innovative products — original highly-efficient drugs that help improve quality of life of people throughout the world.

The changing role in business processes and structure of a company played by the lawyer, who apart from addressing tactical and operative tasks becomes more involved in restructuring and strategic optimisation of clients' businesses, was among the principal topics at the conference.

The event's major goal was to further competitiveness of Russian companies.

Presentations by leading Russian law-makers and executives of prominent law firms attracted particular attention. Speakers at the conference included the chair of the Supreme Court of Arbitration of the Russian Federation Anton Ivanov, as well as Vasiliy Rudomino (Alrud), Andrei Golzblat and Segrei Pepeliaev (Pepeliaev, Golzblat & Partners), Albert Eganian (Vegas-Lex), etc.

The conference held up the last year's tradition of annual forums of the Russian professional legal community to discuss the most topical challenges of law business.

Giving account of the conference to Legal Alliance's lawyers Ilya Kostin pointed out the generally maturer law business in Ukraine compared to that in Russia.

The changing role in business processes and structure of a company played by the lawyer, who apart from addressing tactical and operative tasks becomes more involved in restructuring and strategic optimisation of clients' businesses, was among the principal topics at the conference.

The event's major goal was to further competitiveness of Russian companies.

Presentations by leading Russian law-makers and executives of prominent law firms attracted particular attention. Speakers at the conference included the chair of the Supreme Court of Arbitration of the Russian Federation Anton Ivanov, as well as Vasiliy Rudomino (Alrud), Andrei Golzblat and Segrei Pepeliaev (Pepeliaev, Golzblat & Partners), Albert Eganian (Vegas-Lex), etc.

The conference held up the last year's tradition of annual forums of the Russian professional legal community to discuss the most topical challenges of law business.

Giving account of the conference to Legal Alliance's lawyers Ilya Kostin pointed out the generally maturer law business in Ukraine compared to that in Russia.

The Conference gathered PR and advertising specialists of major international, Russian and Ukrainian players on the metal, chemical, oil and gas, transport, heavy engineering and other related markets, as well as representatives of leading business periodicals, advertising and event agencies, retail companies, trade show operators, design bureaus, and providers of services for advertising industry.

Conference topics included advertising for В2В campaigns, emotional marketing, image-making policy as a driver of company financial results, branding and re-branding technologies, and professional training in advertising business.

Natalia Dokuchaeva, Legal Alliance Company's development manager, presented her report Regulation of Intellectual Property Use in Advertising, at the Conference unit concerning legal aspects of advertising activity regulation.

The Tournament is to set off at 10AM on May 26^th and will run at Sudak Recreation Complex (89 Lenin Street, Sudak, Crimea).

You are invited to participate and prove personally that lawyers are good at leisure as well as at work.

Teams were practically equal, however Spencer & Kaufmann had more luck and came first, leaving the honorary second place to their colleagues of Legal Alliance.

Teams presented each other original prizes.

The conference embraced 16 events differing in format and subjects. These events, related to topical issues of legal practice, included discussions of problems arising in various aspects of law as well as professional upgrade and experience exchange sessions concentrating on high-priority matters in the focus of the legal community.

The Conference agenda also included a number of informal events meant to build friendly atmosphere: a Ukrainian Audit Chamber (UAC) President's reception for partners of UAC, a reception organised by the UAC Crimean Section, the 3rd Open Billiard Tournament for Lawyers, and a number of sightseeing tours around picturesque and historical neighbourhoods of Crimea.

This year the tournament became part of the Fourth Annual Law Conference sponsored by the Ukrainian Lawyers' Association.

Legal Alliance who presented the event as its general partner and principal host was joined by Avel law firm as a partner, Investgazeta and Delo newspapers as media partners, and Magister & Partners law firm who provided the tournament first prize: a luxury billiard cue.

The tournament opening ceremony was hosted by Dmitry Aleshko, managing director of Legal Alliance, Sergei Lavitsky, partner with Magister & Partners, as well as Igor Shevchenko, president of the Ukrainian Lawyers' Association who gave a kick-off speech. Member of the Ukrainian Parliament Boris Deich attended the ceremony as a honorary guest.

The pool of participants in the Third Open Billiard Tournament was the greatest ever: more than 40 contenders included representatives of the judiciary, attorneys, prosecutors, tax and law enforcement officers, as well as partners of major Ukrainian law firms.

The Aleshko - Okhrimenko pair proved to be the main thrill of the contest: the lots brought the two players against each other twice. Dmitry Aleshko won the first semi-final sending his rival to the bottom of the standings. However, Vladimir Okhrimenko managed to outplay two serious contenders and gained a chance for revenge.

Thus, the finals at the end of the two-day race turned into a duel between the general manager of Legal Alliance Dmitry Aleshko and the chief of the Crimean tax police Vladimir Okhrimenko.

Once is an accident; twice is a coincidence; three times is a pattern. It looks a pattern indeed that the main prize of the tournament was for the third time won by Vladimir Okhrimenko, an established leader of the lawyers' billiard playing community.

Sergei Lavitsky of Magister & Partners became the third.

In the aftermath of the Third Open it becomes even more evident that this time the Tournament was raised to a new qualitative level, equally for the overall number of participants and for representation of other Ukrainian regions that gave the contest the pan-Ukrainian status.

Both players and guests have marked the sophisticated level of organisation of the event and are looking forward to meet at the Fourth Open Billiard Tournament for Lawyers.

This training facility has continued a succession of seminars organised by the Ukrainian Lawyers' Association under the au