Our lawyers were among the first in Ukraine to advice business on foreign economic activity matters in the late 1980s, when the economy of the Soviet Union made its first steps towards liberalization. In 1990-1991 Sergii Koziakov was engaged in drafting the Law of Ukraine “On Foreign Economic Activity”, that introduced basic rules of international trade law into the Ukrainian legislation, in particular the notions of exports, imports, national treatment, most-favoured-nation treatment, licensing, quotas, dumping, etc.
In 2008, Ukraine acceded to the WTO after fourteen years of accession process. Currently, Ukraine is an active user of trade remedy instruments such as anti-dumping, countervailing and safeguard measures which are imposed as a result of anti-dumping or safeguard investigation.
Sergii Koziakov & Partners has and extensive experience in representing foreign producers, exporters and importers, and their associations, authorities of the exporting countries in the course of anti-dumping, anti-subsidy and safeguard investigations, and also in advising domestic industries regarding initiation of the investigations.
Nataliia Isakhanova, Partner at Sergii Koziakov & Partners leading the International Trade practice, is a member of the Strategic Alliance for WTO and Trade Remedies Law and Practice (SAWTR) that gathers more than 20 leading trade lawyers from different jurisdictions. The SAWTR members practice trade law in 45 jurisdictions. The SAWTR membership is limited to one representative per each jurisdiction. Furthermore Nataliia Isakhanova is a deputy head of the Chinese Commercial Association Export-Import Committee.
Our lawyers have been recognized for years as leading experts in the area of International Trade in Ukraine by Getting the Deal Through, Corporate LiveWire, Global Law Expert and Legal Newspaper (Yurydychna Gazeta).
Sergii Koziakov & Partners provides legal advice to local and foreign clients regarding various matters of international trade regulation and WTO law, including:
- representing interests in the course of anti-dumping, anti-subsidy and safeguard investigations;
- advising on WTO law, including tariff and non-tariff barriers, regional integration, customs valuation, sanitary and phytosanitary measures, technical barriers in trade, licensing, dispute settlement, trade in services, trade-related aspects of intellectual property, trade in agricultural goods, etc;
- advising on access of Ukrainian goods and services to foreign markets;
- advising on compliance of legal acts and other governmental measures with WTO law and jurisprudence;
- advising on Ukraine’s participation in regional trade agreements (free trade agreements and customs unions);
- advising on trade policy;
- academic expertise in international trade law.
Trade investigations and trade defence instruments
Lawyers of Sergii Koziakov and Partners has represented the following clients in the process trade investigations:
- Suzhou Samsung Electronics Co. Ltd., Chinese producer and exporter, in an anti-dumping investigation concerning imports into Ukraine of refrigerators and freezing equipments originating in China and Turkey. The dumping margin calculated for our client amounted to zero.
- Korea Textile Trade Association in an anti-dumping investigation regarding imports into Ukraine of pile fabrics originating in China and Korea. Upon results of the investigation the anti-dumping duty rate applied to products originating in Korea was considerably lower in favour of our client than the anti-dumping duty imposed for the products originating in China.
- USA Poultry and Egg Export Council and Brazilian Chicken Producers and Exporters Association in an anti-dumping investigation regarding imports into Ukraine of chicken halves and quarters including legs and parts thereof originating in the United States of America and Brazil. The investigation was terminated without application of any anti-dumping measures in favour of our clients;
- Korean producer and exporter Dongbu Metal Co. Ltd. in a safeguard investigation concerning imports into Ukraine of ferroalloys regardless of country of origin and exports. The investigation was terminated without application of any anti-dumping measures in favour of our client;
- Korean Electronic Association and Samsung Electronics Co., Ltd in a safeguard investigation concerning imports to Ukraine of household refrigerating and freezing equipment regardless of country of origin and exports. The investigation was terminated without application of any safeguard measures in favour of our client;
- A product consumer in a safeguard investigation concerning imports to Ukraine of gasoline and diesel regardless of country of origin and exports. The investigation was terminated without application of any safeguard measures in favour of our client;
- Nissan Motor Ukraine Company, Ukrainian importer, in a safeguard investigation concerning imports to Ukraine of passenger cars regardless of country of origin and exports;
- Marianivsky Glass Factory PJSC, Ukrainian producer, in an anti-dumping investigation concerning imports to Ukraine of medical glassware originating in the Russian Federation. The investigation resulted in application of anti-dumping duty in favour of our client;
- Euroglas Polska sp. z.o.o., Polish producer and exporter, and the Association of Participants of Windows and Facades Market (Ukraine) in an interim review of anti-dumping measures concerning imports to Ukraine of float glass (thermally polished glass) originating in the Russian Federation, the Republic of Poland and the Republic of Belarus. The review resulted in cancellation of the anti-dumping duties in favour of our clients.
In addition, our lawyers have advised foreign producers and exporters concerning appropriateness of participation in the following trade investigations:
- safeguard investigation concerning imports to Ukraine of mineral fertilizers containing three nutrients: nitrogen, phosphorus, potassium containing more than 10% of nitrogen, regardless of country of origin and exports;
- safeguard investigation on imports to Ukraine of non-reinforced, transparent, colorless, heat-treated sheet glass (float glass), of a thickness exceeding 3.5 mm, but not exceeding 4.5 mm, regardless of country of origin and exports;
- anti-dumping investigation on imports into Ukraine rolled sheet metal with protective/decorative coatings;
- anti-dumping investigation on imports into Ukraine of citric acid originating in the People’s Republic of China.
Furthermore, our lawyers advised domestic Ukrainian producers concerning initiation of and participation in the following trade defense proceedings:
- sunset anti-dumping review concerning measures applied in the territory of the Eurasian Economic Union regarding imports of the steel forged rolls for metal-rolling mills originating in Ukraine;
- trade investigation on imports into Ukraine of certain types of medicines;
- anti-dumping investigation on imports to Ukraine of FCMG [a product at issue and country are confidential].
Legal academic expertise
- In 2005, our team, in cooperation with leading EU lawyers at the request of the World Bank, was engaged in the preparation of reports on compliance of Ukrainian legislation to the WTO agreements and in the preparation of proposals on bringing Ukrainian legislation into conformity with standards and requirements of WTO on the following topics. The scope of work encompassed: technical barriers to trade and licensing; development of the agriculture support and food trade program under the WTO law; analysis of the WTO law compliance of Ukrainian laws regulating services market; preparation of respective draft amendment to the Ukrainian laws with farther enforcement thereof; analysis of WTO law compliance of the Ukrainian IP laws; proposal elaborations on harmonization of the Ukrainian IP laws with the WTO standards; analysis of WTO law in the context of the Doha Round negociations.
- In October-December 2015, at the request of the Ministry of Economic Development and Trade of Ukraine, we participated in preparation of the National Export Strategy and Action Plan for Ukraine for 2016-2020. The project was implemented jointly with one of the research institutes of Ukraine.
- In 2017, we participated in the project on the development of proposals for the reform of the customs and currency legislation of Ukraine and the amendment of the Law “On Foreign Economic Activity” regarding the application of special sanctions to foreign economic operators (within the framework of the USAID Leadership in Economic Governance Program).
- In 2017-2018 we participated in the working group on improvement of the Ukrainian laws on trade defense instruments (application of anti-dumping, countervailing, safeguard measures). (under the auspice of the Ministry of Economic Development and Trade of Ukraine).
Pro bono educational activity
During the last decade Sergii Koziakov & Partners has been contributing to the formation of a new generation of international trade lawyers who are currently working in the Ukrainian public and private sectors.
The educational activity of Sergii Koziakov & Partners comprises the following areas:
- Since 2009, the lawyers of our international trade practice have been coaching and providing academic advise to the team of Taras Shevchenko National University of Kyiv participating in the ELSA Moot Court Competition on WTO Law.
- Sergii Koziakov & Partners were actively engaged in developing the English-language master’s program “Regulation of International Trade” that launched in 2013 at the Institute of International Relations of Taras Shevchenko National University of Kyiv.
- In 2018, Sergii Koziakov & Partners together with ELSA Ukraine set up a tradition to held the All-Ukrainian moot court competition on WTO law, with Sergii Koziakov & Partners serving as an exclusive partner, co-organizer and academic advisor.
Selected recent publications
- Isakhanova, N., Kryvetska, O. One step to trade war: how Ukraine nearly lost Uzbekistan market (in Ukrainian), Європейська правда, 18 December 2018. URL: https://www.eurointegration.com.ua/experts/2018/12/18/7090761/?fbclid=IwAR3iH-fOljSSkNS9_zQjYZj5ONehvrmlO8hu8FCpRDcJMF0CBGGu-UO6k4s
- Isakhanova, N., Kryvetska, O. (2018). Trade Restrictions and WTO disputes in Ukraine – Russia trade relations. In G. Horlick (Ed.), Getting the Deal Through – Trade and Customs 2019 (pp. 12-16). London: Law Business Research Ltd. URL: https://gettingthedealthrough.com/area/51/article/29282/trade-customs-2019-traderestrictions-wto-disputes-ukrainerussia-trade-relations/
- Isakhanova, N., Kryvetska, O. Pylypenko, A. (2018). Ukraine. In G. Horlick (Ed.), Getting the Deal Through – Trade and Customs 2019 (pp. 94-103). London: Law Business Research Ltd.
- Isakhanova, N., Kryvetska, O. Eurasian Economic Union and Ukrainian forged steel rolls: another anti-dumping story. URL: http://www.kievbarrister.com/?p=2544&lang=en
- Isakhanova, N., Kryvetska, O. US trade restrictions against imports of steel and aluminum: how the world reacts (in Ukrainian). Legal Newspaper, №21-22(623-624). URL: http://yur-gazeta.com/publications/practice/inshe/torgovelni-obmezhennya-ssha-proti-importu-stali-ta-alyuminiyu-reakciya-svitu.html
- Kryvetska, O. Legal aspects of treaty shopping. Legal Newspaper, №23(625). URL: http://yur-gazeta.com/publications/practice/mizhnarodne-pravo-investiciyi/praktichni-aspekti-treaty-shopping.html
- Isakhanova, N., Kryvetska, O. Gradshtein, A. (2017). Ukraine. In G. Horlick (Ed.), Getting the Deal Through – Trade and Customs 2018 (pp. 95-104). London: Law Business Research Ltd.
- Isakhanova, N., Kryvetska, O. Gradshtein, A. (2016). Ukraine. In G. Horlick (Ed.), Getting the Deal Through – Trade and Customs 2017 (pp. 77-85). London: Law Business Research Ltd.
- Pylypenko, А. Status as a defence: Why Ukraine does not raise an important argument in trade disputes (in Ukrainian). Європейська правда, 17 November 2017. URL: http://www.eurointegration.com.ua/experts/2016/11/17/7057481/
- Kryvetska, O. Ukraine raises export duties on scrap metals. Trade Pacts, 18 August 2016. URL: https://tradepacts.com/news/ukraine-triples-export-duties-on-scrap-metal/
- Isakhanova, N., Kryvetska, O. Gradshtein, A. (2015). Ukraine. In G. Horlick (Ed.), Getting the Deal Through – Trade and Customs 2016 (pp. 76-93). London: Law Business Research Ltd.
- Isakhanova N., Gradshtein A. Kryvetska O. The Key Trade Policy Vectors of Ukraine. Corporate LiveWire. URL: http://www.corporatelivewire.com/top-story.html?id=the-key-trade-policy-vectors-of-ukraine
- Kryvetska, О. Expert commentary on amended legislation on trade defence instruments (in Ukrainian). Legal Newspapers, №10 (612), 06/03/18. URL: http://yur-gazeta.com/publications/practice/zovnishnoekonomichna-diyalnist/vdoskonalenomu-mehanizmu-torgovelnogo-zahistu-buti.html
- Kryvetska, О. Pylypenko, А. Expert commentary on application in Ukraine of the special safeguard measures to imports of the passenger vehicles from the EU under the DCFTA (in Russian). Legal Practice, № 6 (998). URL: http://pravo.ua/article.php?id=100114854
- Isakhanova, N., Kryvetska, О. Expert commentary on procedure of the engaging external legal advisers for representation of the State of Ukraine in the international trade disputes (in Russian). Legal Practice. № 27 (967), 12/07/16.
- Kryvetska, О. Expert commentary on benefit of the Ukraine’s WTO membership (in Ukrainian). Legal Newspaper, №39 (537).
- Isakhanova, N. Expert commentaries on amendments to Order on terms extension of the settlement date for foreign economic transactions (in Russian). Legal Practice. URL: http://pravo.ua/news.php?id=0054853
International Commercial Arbitration
Antimonopoly and Competition Law
Legal Academic Expertise