FOR MORE THAN 20 YEARS THE LAWYERS OF SERGII KOZIAKOV & PARTNERS ACT AS EXPERTS DURING COURT PROCEEDINGS AND PROVIDE LEGAL ACADEMIC EXPERTISE OF THE LEGISLATIVE ACTS DRAFTS, BUSINESS – PROJECT AND ACTS. LEGAL DUE DILIGENCE IS OFTEN NECESSARY AS ADDITIONAL ARGUMENT FOR RESOLVING COMPLEX LEGAL ISSUES.
Our experience includes, inter alia, provision of expert opinions on issues of law, elaboration and drafting laws and other legislative acts.
International Trade Law
From 1990 the lawyers of the Firm have been participating in drafting Laws and other Legislative Acts. Particularly, in 1990-1991 the Firm Partner Sergii Koziakov along with scientists and legal practitioners drafted the Law of Ukraine “On Foreign Economic Activity”, with the recipient being the Verkhovna Rada of Ukraine.
Our lawyers contributed to the draft of the National Export Strategy and Action Plan for Ukraine for the period 2016-2020. (by request of the Ministry of Economic Development and Trade of Ukraine and with the support of the Western NIS Enterprise Fund);
In 2018 we were co-authors of the draft proposals on reforming the customs and currency legislation of Ukraine and the Law of Ukraine “On foreign economic activity” (requested by the Institute for Economic Research and Political Consultation).
At the beginning of 1990’s the Firm Partner Sergii Koziakov drafted the Law of Ukraine “On Protection of New Sorts of Plants”, the recipient being the State Service on Protection of New Sorts of Plants.
The Rule of Law
In 2006-2012 the Firm Partner Sergii Koziakov as a Member of the Commission for Strengthening Democracy and the Rule of Law participated in drafting the Laws of Ukraine and preparation of recommendations to the President of Ukraine regarding the following Laws of Ukraine: “On Advocacy”, “On the Public Prosecutor’s Office”, “ On Peaceful Assemblies” and many others.
The Firm Partner Sergii Koziakov regularly acts as an expert on Ukrainian Legislation in courts of foreign countries, including Great Britain, France and the United States of America.
The Partner Sergii Koziakov prepared legal due diligence on the issue of fair justice treatment in Ukrainian courts considering specificities of the legislation and court practice in Ukraine. The report was presented in High Court of Justice (Great Britain), with the recipient being the Transnational Corporation with HQ in the Swiss Confederation.
The Firm Partner Sergii Koziakov prepared the Declaration on some aspects of the Corporate Law of Ukraine in favor of respondent in the dispute. The Declaration was presented in the United States District Court for the Southern District of new York, the recipient being the respondent in the dispute.
For some years the Partner Sergii Koziakov was a Member of of the Chamber of Independent Experts on Foreign Investment at the President of Ukraine and acted in the mediation procedure between foreign investors and Ukraine, the recipient being the Chamber of Independent Experts on Foreign Investment at the President of Ukraine.
International Trade Law
As far as in 2005, i.e. three years before accession of Ukraine to the WTO, on the order of the World Bank, we closely cooperated with leading EU lawyers in preparation of the reports on compliance of Ukrainian legislation to the WTO standards and agreements and proposals to bring Ukrainian legislation in conformity with the WTO standards and requirements, to include :
- Technical Barriers to Trade and Licensing.
- Development of the state program of support to agriculture and agro-food export-import regime in accordance with the WTO requirements.
- Analysis of the effective legislation of Ukraine governing services market and developing recommendation as to the services market and their introduction into current Ukrainian legislation.
- Analysis of Ukrainian legislation on the intellectual property rights protection and its enforcement as to its correspondence with the WTO requirements and elaboration of the proposals for harmonization of the Ukrainian legislation of the intellectual property rights protection with the WTO standards;
- Outlook of the development of the WTO rules under of the Doha round of negotiations, developed by the Firm Partners Sergii Koziakov and Nataliia Isakhanova and other lawyers of the Firm participated, the recipient being the World Bank.
From 1994 the lawyers of the Firm act as experts regarding protection of foreign investments in Ukraine. In 2005 the Firm Partner Nataliia Isakhanova prepared the Report “On Concept of the Ukrainian Center for Foreign Investment Promotion” and gave recommendations regarding Legislative Acts on establishment and activity of the Ukrainian center for foreign investment promoting, the recipient being the Government of the Netherlands.
In 2005-2007 the Firm lawyers, under supervision of the Partner Sergii Koziakov, developed “Scientific and Methodological Framework of Regulation of the Procedural Activity of the Organs of Administrative Jurisdiction On Protection of Economic Competition”, the recipient being the Antimonopoly Committee of Ukraine.
At the request of the Antimonopoly Committee of Ukraine the Partners Sergii Koziakov and Mykola Podpalov as recognized experts in the Competition Law, participated in the expertise of the Legislative Acts drafts developed upon the initiative of the Antimonopoly Committee of Ukraine and took part in discussion of the Annual Performance Reports of the Antimonopoly Committee of Ukraine.
The Partner Sergii Koziakov prepared legal opinion regarding legal status of real estate in Ukraine in the interest of the respondent for the court proceedings in International Court of Arbitration, International Chamber of Commerce between the lessor (Great Britain) and lessee (Austria), the recipient being the Owner of the Real Estate Company (Great Britain).
Corporate Law and Privatization
At the beginning of 1990’s the lawyers of the Firm participated in drafting of the first laws on privatization of the state property and municipal property of Ukraine, the recipient being the Ministry of State Property of Ukraine (currently the State Property Fund of Ukraine).
The Partner Sergii Koziakov participated in legal due diligence of possibilities of privatization of Kryvoryzhsky Ore Mining and Processing Industrial Complex considering the property shares of the former Soviet states, the recipient being the State Property Fund of Ukraine.
In June 2012 the Partner and member of the Academic Council of Kyiv National Taras Shevchenko University Sergii Koziakov, as the Head of Special Commission, was involved in the investigation into the attempted illegal sale of tickets to the Olympic Games in London, the recipient being the National Olympic Committee of Ukraine.
Legal Due Diligence Development
In 2012 Sergii Koziakov & Partners took the decision to intensify legal due diligence development practice of the Firm and invited reputable lawyers and lecturers of Kyiv National Taras Shevchenko University Alexander Birukov, Bogdan Kryvolapov, Olena Shompol as the Firm non-staff counsels. Thanks to their assistance the Firm is successfully developing legal due diligence services in International Private Law, International Trade Law, Climate Change, etc.