Sergii Koziakov is a candidate of law, has been working in law for more than 30 years, is a member of the National Bar Association of Ukraine, the Ukrainian Bar Association and the Ukrainian Association of International Law, specializing in international trade and customs law, antitrust law, public-private partnership, land law, media law, oil and gas, pharmaceuticals.

RECOGNITION

For many years, Sergii Koziakov has been repeatedly recognized as one of the best lawyers in Ukraine by such Ukrainian and international publications as: Chambers GLOBAL, Chambers EUROPE, The PLC WHICH LAWYER Yearbook, The International Who`s Who of Business Lawyers, “Best Lawyers International”, “Ukrainian Law Firm” (a Handbook for foreign clients), “Law firms of Ukraine”, “Lawyers of Ukraine. Client’s Choice” Based on the results of activities in 2018, the news portal “Business Capital” included Sergii Koziakov in the list of 20 most influential lawyers in Ukraine. In 2019, Sergii Koziakov was included in the list of the publication “Legal Practice” as one of the 10 most active lawyers of the year.

PROFESSIONAL ACTIVITY

In 2014-2019, Sergii Koziakov acted as Chairman of the High Qualification Commission of Judges of Ukraine (HQCJU).

During his work as a member and chairman of HQCJU, Sergii Koziakov, together with his colleagues, carried out the tasks stipulated by the Strategy for the Reform of the Judiciary, Judicial Procedure and Related Legal Institutions for 2015-2020, approved by the Decree of the President of Ukraine on May 20, 2015.

Among the most important events that were held by the HQCJU under the leadership and with the participation of Sergii Koziakov, were:

  • consideration of approximately 14,000 disciplinary complaints on behaviour of judges (2015-2016) – completed;
  • first open competition to the new Supreme Court for 846 candidates to 120 vacant posts (2016-2017) – completed;
  • second open competition to the new Supreme Court for 659 candidates to 78 vacant posts (2018-2019) – completed;
  • qualification assessment of judges (approximately 3200)completed;
  • open competition to the Supreme Anti-Corruption Court and the Appeals Chamber of the Supreme Anti-Corruption Court for 343 candidates for 39 vacant posts (2018-2019) – completed;
  • new selection for the position of 700 judges of the local general, economic and administrative courts for 5,338 candidates has been completed;
  • open competition for the position of 505 judges in 263 local courts of Ukraine for 902 candidates – completed;
  • open competition for the post of judge of the High Court for Intellectual Property and the appeals chamber of this court for 331 candidates for 30 vacant posts (not completed);
  • competition for 2208 candidates for judges in 37 courts of appeal (not completed).

Under the leadership of Sergii Koziakov, the High Qualification Commission of Judges of Ukraine for the first time in world practice, in particular, applied the following innovative tools in staffing in the judicial system:

  • publication on the HQCJU website of a dossier of judges and candidates for the position of judges (about 1,100,000 pages);
  • for qualification assessment for compliance with the position held and in the framework of competitive procedures:

1) broadcasting online all interviews with candidates for the position of judge and judges;

2) psychological testing of candidates;

3) the use of materials of the National Anti-Corruption Bureau of Ukraine and the National Agency for the Prevention of Corruption to evaluate judges and candidates for the post of judge in competitive procedures by the criterion of integrity;

4) publication of declarations of integrity (decency) and family ties of candidates for the position of judge and judges;

5) for the purpose of evaluating the criteria of professional ethics and virtue, it was envisaged the participation of twenty representatives of the Public Council of Integrity – citizens of Ukraine (except for the competition in the Supreme Anti-Corruption Court);

6) for the purpose of assessing according to the criteria of professional ethics and integrity, six representatives of the Public Council of International Experts, citizens of Great Britain, Denmark, Canada, Lithuania, Northern Macedonia, were envisaged (during the competition to the Supreme Anti-Corruption Court and the Appeals Chamber of the Higher Anti-Corruption Court).

PRIVATE LEGAL PRACTICE

In December 2019, Sergey Koziakov returned to private legal practice, which he began to practice in 1987.

ILLUSTRATIVE EXPERIENCE

Sergii Koziakov took part in such landmark projects as:

  • preparation of tender documents for the conclusion of an Agreement on the development and distribution of gas production from the Prikerchensky part of the Black Sea Continental Shelf with the government of Ukraine;
  • representation of interests of the Ukrainian state-owned enterprise – exporter of 320 tanks to Pakistan for a total amount of 650 million US dollars.

International trade

– representing manufacturer and exporter Suzhou Samsung Electronics Co. Ltd. during an anti-dumping investigation regarding the import into Ukraine of refrigeration and freezing equipment from China and Turkey. Based on the results of the investigation, our client received a zero rate of antidumping duty;

– representing Korean Textile Trade Association in an anti-dumping investigation regarding the import of pile fabrics (including long-pile fabrics) and terry fabrics from China and the Republic of Korea. According to the results of the investigation, the rate of anti-dumping duty for our client was significantly lower than the duty on goods from China;

– representing US Poultry and Egg Export Council, the Brazilian Association of Chicken Producers and Exporters, and their members in an anti-dumping investigation regarding the import of chicken meat from the United States and Brazil. The anti-dumping investigation was closed without any action being taken;

– representing Korean manufacturer and exporter Dongbu Metal Co. Ltd. in a safeguard investigation regarding the import of ferroalloys, regardless of the country of origin and export. The safeguard investigation was terminated without any action being taken;

– representing Korean Electronics Association and Samsung Electronics group of companies in the safeguard investigation regarding the import of refrigeration and freezing equipment, regardless of country of origin and export. The safeguard investigation was terminated without any action being taken;

– representing consumer of the goods in the safeguard investigation regarding the import into Ukraine of certain products of the processing of oil raw materials (gasoline A-76 (A-80), A-92, A-95, diesel fuel, fuel oil, heating oil, liquefied gas, road bitumen, oil) regardless of the country of origin and export. The investigation was completed without special measures;

– representing Nissan Motor Ukraine LLC in safeguard investigation regarding the import of cars regardless of the country of origin and export;

– in 2005, scientific leadership of a working group in collaboration with leading EU lawyers, under the request of the World Bank, participated in the preparation of reports on analysis of compliance of Ukrainian legislation with WTO agreements and preparation of proposals for bringing Ukrainian legislation in line with WTO standards and requirements.

Competition/Antitrust

  • legal support of one of the largest wholesalers of medicines in Ukraine in the process of investigation by the Antimonopoly Committee of Ukraine of violations of the law on the protection of economic competition in the national medicines market;
  • representing OJSC «Farmak» in the AMCU’s case on the unfair competition of «Sanofi Aventis Group» (France) regarding discrediting a market participant;
  • representing «AE Nibulon» Ltd in the AMCU in respect of violation of legislation on economic competition, abuse of dominant position by State Enterprise “Delta-Locman” and legitimization of actions of captain of the vessel “Preventer”;
  • represented General Motors Company and Adam Opel GmbH on preparation and filing of documents to the AMCU as to the AMCU approval received by Magna International Inc. and Sberbank of Russia to purchase shares in the authorized capital of Adam Opel GmbH;
  • representing General Motors Company in the Antimonopoly Committee of Ukraine on obtaining of the AMCU approval for purchasing of assets of «Delphi Corporation» producing automobile units and spare parts, total amount of transaction exceeding USD 3.2 bln.;

Litigation/Arbitration

  • investment arbitration Joseph Lemire (USA) vs. Ukraine (“Gala Radio” case) amounting to USD 35 mln; amicable agreement is signed;
  • representing one of the largest domestic agricultural products producer in the International Court of Arbitration of the International Chamber of Commerce (ICC) and the International Arbitration Court at the Economic Chamber of Austria (“VIAC”) in a dispute as to the debt recovery for delivered goods;
  • preparation a legal academic expertise regarding possibilities of fair justice in Ukraine courts, considering specificities of the legislation and court practice. The report was represented in the High Court of Justice (The Great Britain), the recipient being the Transnational Corporation with HQ in the Swiss Confederation;
  • developing the Declaration on some aspects of the Corporate Law of Ukraine in favor of the respondent in the dispute heard by the United States District Court for the Southern District of New York, the recipient being the respondent in the dispute;
  • preparation of an expert legal opinion on the legal status of real estate in Ukraine at the request of the plaintiff in a dispute before the International Court of Arbitration, International Chamber of Commerce between the lessor (United Kingdom) and the tenant (Austria).

EDUCATIONAL AND SCIENTIFIC ACTIVITY

Sergii Koziakov is an assistant professor of private international law at the Institute of International Relations of Taras Shevchenko National University of Kyiv and taught at the Diplomatic Academy of Ukraine for many years. Sergii Koziakov was a member of the Academic Council of Taras Shevchenko National University of Kyiv.

From 1987 to 2020 he taught the following subjects: International civil process, Legal regulation of foreign economic activity, Antitrust law, Private legal practice, Banking law and other subjects.

Sergii Koziakov is a member of the publishing and editorial board of the Ukrainian Journal of Commercial Law and the Bulletin of the Antimonopoly Committee of Ukraine, the Bulletin of the High Qualification Commission of Judges of Ukraine.

Since 1988, Sergii Koziakov authored many scientifical and scientific-practical works on issues of foreign economic activity, corporate law, privatization, competition law and international trade. In 2014-2019 he gave more than 100 interviews and comments in Ukrainian and foreign media, as a speaker and participant  in Ukraine and abroad, dozens of times participated in national and international diplomatic and professional legal forums, conferences, round tables on the progress of judicial reform in Ukraine.

LEGAL ACADEMIC EXPERTISE

Drafting laws

1989-1993 – participation in the development of draft laws “On foreign economic activity”, “On the protection of rights to new plant varieties”, draft first laws of Ukraine on the privatization of state and communal property.

Justice development

2006-2009 – as a member of the National Commission for the Strengthening of Democracy and the Rule of Law, he participated in the development of draft laws of Ukraine and in the preparation of other recommendations to the President of Ukraine, in particular: the Concept of Improving the Judicial Procedure for the Approval of a Fair trial in Ukraine in accordance with European standards, the Concept the formation of a system of free legal assistance in Ukraine, draft laws “On the court fee”, “On amendments to some legislative acts of Ukraine on financing the judiciary”,”On Amendments to the Law “On the Judicial System”, “On Amendments to the Law “On the Status of Judges” and “On peaceful assemblies” and others.

In 2014-2019, Sergii Koziakov, as a member of the Judicial Reform Commission, in order to ensure the implementation of judicial reform, took part in the development of a draft presidential decree “On the Strategy for the Reform of the Judiciary, Judicial Proceedings and Related Legal Institutions for 2015-2020” and draft laws: “On securing the right to a fair trial”, “On the judicial system and status of judges”, “On the High Council of Justice”, “On Enforcement Proceedings”, “On bodies and persons who enforce court decisions and decisions of other bodies”, “On the Economic Procedural Code of Ukraine”, “On the Civil Procedure Code of Ukraine”, “On the Code of Administrative Procedure of Ukraine”, “On the Higher Anti-Corruption Court”, “On the Advocacy and Advocacy activity”.

international trade

In 2005 (three years before Ukraine joined the World Trade Organization) took scientific leadership of a working group in collaboration with leading EU lawyers, under the request of the World Bank, on the preparation of reports on analysis of compliance of Ukrainian legislation with WTO agreements and preparation of proposals for bringing Ukrainian legislation in line with WTO standards and requirements on the following topics: technical barriers to trade and licensing; development of the state program to support agriculture and export-import of food products in accordance with WTO standards; analysis of the current legislation of Ukraine regulating trade in services, preparation of relevant proposals on amendments to Ukrainian legislation; analysis of Ukrainian legislation on the protection of intellectual property rights and ensuring the implementation of such standards in order to bring them in line with the requirements of the WTO and developing proposals for harmonizing Ukrainian legislation on the protection of intellectual property rights according to WTO standards; analysis of WTO rules in the context of issues addressed by the Doha Round of negotiations.

Competition law

Under the leadership of Sergii Koziakov, an expert report was developed on the Scientific and Methodological Framework for Regulation of the Procedural Activity of the Organs of Administrative Jurisdiction Pertaining Protection of Economic Competition. Also, at the invitation of the Antimonopoly Committee of Ukraine as an expert on competition law, he repeatedly participated in the examination of draft normative acts that were developed at the initiative of the Antimonopoly Committee of Ukraine, and in discussions of the annual reports of the Antimonopoly Committee of Ukraine.

Academic Expertise in Judicial Practice

Sergii Koziakov repeatedly participated as an expert on Ukrainian law in the courts of other countries, including the United Kingdom, France and the United States of America.

Sergii Koziakov, in particular, prepared:

  • legal academic expertise regarding possibilities of fair justice in Ukraine courts, considering specificities of the legislation and court practice. The report was represented in the High Court of Justice (The Great Britain), the recipient being the Transnational Corporation with HQ in the Swiss Confederation;
  • the Declaration on some aspects of the Corporate Law of Ukraine in favor of the respondent in the dispute heard by the United States District Court for the Southern District of New York, the recipient being the respondent in the dispute;
  • expert legal opinion on the legal status of real estate in Ukraine at the request of the plaintiff in a dispute before the International Court of Arbitration, International Chamber of Commerce between the lessor (United Kingdom) and the tenant (Austria).

Foreign investment/Mediation

For several years, Sergii Koziakov, in accordance with the Decree of the President of Ukraine “On the Chamber of Independent Experts on Foreign Investment”, was its member. As an expert, he repeatedly participated in the pre-trial settlement of disputes between foreign investors and the state of Ukraine.

State security

In 1992-1993, Sergii Koziakov took part in the legal support of the development of the structure of export-import of military and dual-use goods.

REAL ESTATE

  • expert legal opinion on the legal status of real estate in Ukraine at the request of the plaintiff in a dispute before the International Court of Arbitration, International Chamber of Commerce between the lessor (United Kingdom) and the tenant (Austria).

Corporate Law and Privatization

Sergii Koziakov participated in an academic legal expertise regarding the possibility of privatizing the Kryvyi Rih mining and processing plant, taking into account the property shares of the former socialist countries.

Sport

In June 2012, Sergii Koziakov, as a member and chairman of an independent Commission, took part in the investigation of allegations of general secretary of the National Olympic Committee of Ukraine Volodymyr Gerashchenko of possible abuse in distributing tickets to the Olympic Games.

Other expert and community councils

In different periods from 1989 to 2014, Sergii Koziakov carried out his professional activities as a member of the advisory group of the Commission on Foreign Economic Relations of the Verkhovna Rada of Ukraine, member of the advisory group of the Kyiv City State Administration, member of the advisory group of the Ministry of Agriculture, member of the public board of the State Tax Administration of Ukraine, member of the Public Collegium of the Ministry of Justice of Ukraine, Advisor to the Minister of Defense of Ukraine, Member of the Public Council at the Security Service of Ukraine.

He was Chairman of the Arbitration Court and Ethics Commission of the Ukrainian Bar Association.

Education

Sergii Koziakov graduated from the Institute of International Relations of Taras Shevchenko National University of Kyiv. Sergii Koziakov defended his thesis on “The Role of the United Nations in Enforcing the Standards of International Law” (supervisor Prof. I.I. Lukashuk) and received the title of Candidate of Law.

Languages: Ukrainian, Russian, English.