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

CONTACTS

s.koziakov@kievbarrister.com

RECOGNITION

Over many years, Sergii Koziakov has been repeatedly recognized as one of the best lawyers in Ukraine by such Ukrainian and international editions 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, “Business Capital” news portal included Sergii Koziakov in the list of 20 most influential lawyers in Ukraine. In 2019, Sergii Koziakov was included in the list of “Legal Practice” edition as one of the 10 most active lawyers of the year.

Recognized as leading lawyer in Ukraine in investment and litigation according to Best Lawyers 2021 and also recognized among leaders in practice International trade/International law by Ukrainian research “Client’s Choice. TOP-100 Best Lawyers in Ukraine. Practice Leaders 2021”.

PROFESSIONAL ACTIVITY

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

In course of his work as a Member and Chairman of HQCJU, Sergii Koziakov, together with his colleagues, carried out the tasks stipulated by the Justice Sector Reform Strategy for 2015-2020 approved by the Decree of the President of Ukraine on May 20, 2015.

Among the most important outputs achieved by the HQCJU under the leadership and with the participation of Sergii Koziakov are the following:

  • 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 evaluation of judges (approximately 3200) – completed;
  • open competition to the High Anti-Corruption Court and the Appeals Chamber of the High Anti-Corruption Court for 343 candidates for 39 vacant posts (2018-2019) – completed;
  • new selection for 700 judicial positions in local general, commercial and administrative courts for 5,338 candidates has been completed;
  • open competition for 505 judicial positions in 263 local courts of Ukraine for 902 candidates – completed;
  • open competition for the post of a judge of the High Court for Intellectual Property and the Appeals Chamber of this court for 331 candidates to 30 vacant posts (not completed);
  • competition for 2208 judicial candidates 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 ever internationally, in particular, applied the following innovative tools in human resources field in the judiciary: 

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

1) broadcasting online all interviews with judicial candidates and judges;

2) psychological testing of candidates;

3) using the data of the National Anti-Corruption Bureau of Ukraine and the National Agency for the Prevention of Corruption to evaluate judges and judicial candidates in competition procedures according to the criterion of integrity;

4) publication of declarations of integrity and family ties of judicial candidates and judges;

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

6) for the purpose of evaluating the criteria of professional ethics and integrity, the participation of six representatives of the Public Council of International Experts, citizens of Great Britain, Denmark, Canada, Lithuania, Northern Macedonia was envisaged (in the course of the competition to the High Anti-Corruption Court and the Appeals Chamber of the High Anti-Corruption Court).

PRIVATE LEGAL PRACTICE

In December 2019, Sergii Koziakov returned to private legal practice, which started as back as in 1987.

ILLUSTRATIVE EXPERIENCE

Sergii Koziakov took part in such landmark projects as:

  • preparation of tender documentation for the conclusion of an Agreement on the exploration and distribution of gas production from the Prykerchenska 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 totaling 650 million USD.

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 Korea Electronics Association and Samsung Electronics Co in safeguards investigation regarding the import of refrigeration and freezing equipment regardless of the country of origin and export. Safeguards investigation was terminated without any measures taken;

– representing Korea 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. Based on 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 USA Poultry and Egg Export Council, the Brazilian Chicken Producers and Exporters Association  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 terminated without any measures 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 measures 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 measure 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 safeguards imposed;

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

– scientific leadership of a working group participating together with leading EU lawyers and Dutch colleagues under the request of the World Bank in drafting 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

  • representing one of the largest wholesalers of medicines in Ukraine in the course of investigation by the Antimonopoly Committee of Ukraine (AMCU) as to violations of legislation on the protection of economic competition in the national medicines market;
  • representing  «Farmak», one of the biggest medicines producer in Ukraine in the AMCU’s case on unfair competition by «Sanofi Aventis Group» (France) regarding discrediting an undertaking;
  • representing «AE Nibulon» Ltd in the AMCU in respect of violation of legislation on economic competition, abuse of dominant position by state-owned enterprise “Delta-Locman” and legitimization of actions of captain of the vessel “Preventer”;
  • representing 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  assets of «Delphi Corporation» producing automobile units and spare parts, total amount of transaction exceeding USD 3.2 bln;

Litigation/Arbitration

  • representing one of the largest domestic agricultural producerin the International Court of Arbitration of the International Chamber of Commerce (ICC) and the International Arbitration Court at the Economic Chamber of Austria (“VIAC”);
  • Representing an US investor in a dispute with Ukraine at the International Center for the Settlement of Investment Disputes (ICSID);
  • Being a Chairman of the Special Commission in the investigation of the incident regarding an attempt to illegally sell tickets to the London Olympic Games (at the initiative of the National Olympic Committee of Ukraine);
  • preparation a legal academic expertiseregarding possibilities of fair justice in Ukraine courts, given 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;
  • drafting the Declaration on some aspects of the Corporate Law of Ukrainein 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 Ukraineat 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 associate professor of private international law at the Institute of International Relations of Taras Shevchenko National University of Kyiv and lectured 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 Proceedings, 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 Journal of the High Qualification Commission of Judges of Ukraine.

Since 1988, Sergii Koziakov has authored many scientifical and scientific-practical publications 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, he 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”, first draft laws of Ukraine on the privatization of state and communal property.

Judiciary 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 of forming free legal aid system 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 Judiciary”, “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 Justice Sector Reform Strategy for 2015-2020” and draft laws “On Securing the Right to a Fair Trial”, “On the Judiciary and the Status of Judges”, “On the High Council of Justice”, “On Enforcement Proceedings”, “On Bodies and Persons Enforcing Judgements and Decisions of Other Bodies”, “On the Commercial Procedure Code of Ukraine”, “On the Civil Procedure Code of Ukraine”, “On the Code of Administrative Procedure of Ukraine”, “On the High Anti-Corruption Court”, “On the Bar and Advocates’ 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 and Dutch colleagues, 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 being 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 Litigation

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 given 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

  • Sergii Koziakov prepared 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 against 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 – “The Role of the United Nations in Implementing International Legal Rules” (supervisor – Prof. I.I. Lukashuk) and obtained academic degree of Candidate of Law.

Languages: Ukrainian, Russian, English.