Office 305 (13), Hlybochytska street, 40-B, 1-st entrance, Kyiv, Ukraine, 04052
Since the adoption of the Constitution of Ukraine in 1996 and the accession, in 1997, to the European Convention on Human Rights and Fundamental Freedoms (the Convention), the protection of human rights is one of the main topics of legal theory and practice.
This applies not only to protect the rights and legitimate interests of a person within the jurisdiction of the authorities of Ukraine, but also in international institutions, such as, for example, the European Court of Human Rights. Or other institutions of the world, if the offense was committed outside the territory of Europe and the countries that have recognized the jurisdiction of the European Court of Human Rights.
Excellence Law Firm expertise covers the following areas:
- analyzing the situation and determining the risks associated with achievable goals through an appeal to the European Court of Human Rights;
- preparation of all necessary procedural documents for submission to the European Court of Human Rights;
- support of the case until a court decision;
- recognition and enforcement of judgments of the European Court of Human Rights
Excellence Law Firm expertise covers the following areas:
- loan and pledge;
- finance the construction and acquisition of commercial real estate;
- project financing;
- trade finance;
- factoring;
- capital market operations;
- restructuring and bankruptcy;
- regulatory issues;
- M & A in the financial sector;
- registration of banks and representative offices of foreign banks in Ukraine
Judicial settlement of disputes is, first of all, a conflict of interest, which is then usually develops into a long and costly procedure of finding understanding between parties. And this is the procedure of a large set of complex process procedures.
Excellence Law Firm expertise covers the following areas:
- independent assessment of prospects in the case, development of the legal position of Client and defense strategy of his interest(s);
- representation of Clients in courts / arbitrations (including foreign and / or international);
- recognition and enforcement of foreign judgments and arbitral awards;
- conducting pre-trial settlement of disputes in various areas, including through mediation;
- appeal the decision by way of appeal or cassation procedure.
Settlement of disputes with counterparties can be achieved not only through a system of national courts. There is also a system of commercial arbitration courts, which has significant differences both on the mechanism of dispute settlement procedures, as well as on the organizational structure. The main feature and advantage of the settlement of the dispute by recourse to arbitration is to establish the order of formation and activity of the latter by the disputing parties.
International commercial arbitration is a commercial court, specifically designed to deal with disputes between the parties to international commercial transactions. These institutions should also be distinguished from other types of arbitration courts that can adjudicate disputes between States. The main problem faced by the parties to the dispute when referring to international commercial arbitration, is to go beyond the national legal system and contact with foreign law
Many key sectors of the economy require a profound legal knowledge in the field of public administration and legal aspects, specific regulatory mechanisms. More urgent becomes the so-called public private partnerships that extend its influence in various spheres of economy.
Excellence Law Firm expertise covers the following areas:
- government order, government procurement, financing of public projects;
- tenders, assistance programs;
- public services and campaigns, aim of which is provision of public services;
- urban planning;
- protection of the territory and the surrounding landscape of the environment;
- concessions and other forms of cooperation with the state;
- environmental issues;
- regulatory issues;
- expropriation of property in course of implementation of projects on the public-private partnership
Excellence Law Firm provides support in resolving any issues from consent to transfer of personal data and conclusion of employment contracts, to issues related to transferred employee, staff reduction and promotion of schemes of employees.
Excellence Law Firm expertise covers the following areas:
- preparation of complete documentation for personnel matters and the development of internal policies;
- advice on employment, dismissal of employee and staff reduction;
- development option schemes to encourage employee;
- preparation of the collective agreement and representation in collective bargaining;
- advice on employment of foreigners and obtaining work permits;
- consultation on the protection of confidential information, intellectual property rights protection and the protection of personal data;
- advice on tax issues related to the payment of payroll taxes;
- advising Client in the relocation (transfer of) staff;
- legal audit of compliance with labor and anti-corruption legislation;
- dispute resolution in the field of labor law out of court and in court
Intellectual Property (IP) is the result of human creation. In to IP objects include inventions, literary and artistic works, commercial names, trade marks and other signs, images used commercially.
Legal systems can protect IP objects, for example, through patents, copyright and trademarks that allow to seek recognition or to receive financial compensation for their IP. Providing a balance of interests of inventors and the general public, the IP system contributes to creating conditions for the prosperity of creativity and innovation.
Excellence Law Firm protects the IP rights of Client(s), help manage risk effectively, and improve economic viability on the use of IP objects.
Excellence Law Firm advises Client(s) on a wide range of issues – from the registration of IP objects to structuring and implementation of related objects to such transactions, regulatory and tax issues. Excellence Law Firm judicial practice in IP disputes include invalidation of registration and protection of rights to IP objects, as well as disputes regarding the different types of unfair competition.
Excellence Law Firm successfully represents Client(s) in IP in the State Intellectual Property Service of Ukraine, the courts, the Antimonopoly Committee of Ukraine, bodies of internal affairs and the prosecutor’s office, as well as other public bodies
Excellence Law Firm has expertise in tax law that allows us to advise and protect our Сlient(s) during tax inspections, accompanied by the courts, protecting Сleint(s) from unreasonable fines and other administrative and legal sanctions.
Excellence Law Firm expertise covers the following areas:
- analysis of tax risks (the analysis may concern any aspect and Ukrainian, and international tax law; this analysis is intended to help minimize Client(s) expenses including for tax purposes, or to point out the risks of a business transaction);
- tax risk analysis at labor relations with employees (payment of salaries, compensation, bonuses etc.; it is also subject to taxation: and the correctness of Client’s policy in this area will depend on its profitability, and its relationships with regulatory authorities, and employee loyalty);
- representation in relation with state regulatory bodies (tax audit(s), inspections of fiscal service bodies, proceedings concerning violations of tax legislation; the participation of Excellence Law Firm expert(s) in the initial stages will build a competent defense strategy to avoid many of the risks or minimize them);
- counseling (such issues as problem of double taxation, support its foreign economic activities, preferential tax rates, etc. you can explain to us and, therefore, receive a full consultation)
Commercial law is one of the most popular spheres in legislation. The explanation for this is becoming a rapid development of relations arising in the process of organizing and carrying out economic activities related to the manufacture and sale of products, execution of works and provision of services to meet the public’s needs and the needs of individual consumers.
Operating activities of any enterprise involves different types of transactions, which are not only related to contracts. This, as a rule, land use, water, subsoil use, production issues, questions of marketing activity (including PR), distribution, negotiations with various counterparties for commercial and business transactions, etc.
With development of economic activity increases the state interest to this phenomenon, therefore, set the control and supervision of economic activity. In this area, many questions may arise for settlement which, need advice of Excellence Law Firm. On the other hand, very often there are situations where public authorities or officials authorized to carry out state control and state supervision over business activity, have abused their authority what violates the law. Therefore, it is necessary for the security of business to deal with the general conditions and procedures for control and supervision by public authorities.
The competence of Excellence Law Firm is not limited to the issues described above. Excellence Law Firm is meant to help a lawyer, accountant, and financier, director of your company to deal with the issues of commercial and economic operations.
Civil law is a one of the leading sectors of the national law of Ukraine, which regulates certain group of legal relations with the participation of individuals and legal entities and the state as a whole. The main task of the civil law to ensure a systematic approach to adjustment of relationships in society. Civil law includes questions on family and inheritance law.
Excellence Law Firm expertise covers the following areas:
- including advice for declaration of property rights and their protection, rescission of a contract, protection of inheritance rights, protection of creditors’ rights, land relations;
- advice on compensation for damage caused by an accident;
- protection of Clients’ interests in relation to financial companies;
- assistance and advice in dealing with family issues: the conclusion of a marriage contract, divorce, termination of parental rights, adoption, alimony, division of property including located on the territory of a foreign state, the establishment of guardianship and custody (child welfare), the question of the place of residence of the child, etc.;
- drafting various legal documents, complaints and petitions, mails, law requests
Excellence Law Firm has extensive experience in legal support of corporate transactions, corporate governance and other corporate matters. Excellence Law Firm works in the areas of mergers and acquisitions, corporate management, finance, reorganization and liquidation. Excellence Law Firm helps Client(s) establish a representative office in Ukraine, register new and restructuring existing companies, to prepare internal regulations and other corporate documents, to conclude agreements between the shareholders, etc.
Excellence Law Firm provides assistance in the organization of general meetings of shareholders, protect and ensure the realization of the rights of shareholders and represent Client(s) in claims of shareholders. The Excellence Law Firm’s specialists advise corporate Client(s) in various aspects of registration, filing, and disclosure, registration on the stock exchange, securities and other matters of compliance of the legislation.
Accompanying such complex procedures as the liquidation and bankruptcy studied from a practical point of view, which allows Client(s) to define strategic goals and achieve them
Excellence Law Firm expertise covers the following areas:
- analysis of draft agreements (cross-border) for compliance with legislation, business conduct, rules of INCOTERMS, etc.;
- development of contractual schemes, ensuring maximum protection of Clients’ interests;
- development of schemes to ensure fulfillment of the obligations under agreement;
- legal audit of a counterparty of agreement;
- advisement of the legal meaning of agreement terms;
- identifying and explaining terms of an agreement that infringe or violate the rights of Client(s), or may result in negative consequences for Client(s);
- preparation of draft agreements, amendments and / or additions to agreement;
- support in the negotiation process for the conclusion of agreements;
- representation in negotiations on amendments and additions to agreement;
- dispute resolution (including mediation) at the conclusion, execution, alteration and termination of agreement(s);
- providing notarization and state registration of agreements;
- assisting in preparation and carrying out of actions for rescission of agreement, including at court;
- accompanying cession procedure, debt assignment;
- offsetting of counter-claims, etc.
Please note that in most cases we do not work with templates of agreement(s). In each situation, we carefully and accurately approach the problem and draw up an agreement directly to the needs
Healthy competition is an integral part of market relations and an important component of practically any business.
Excellence Law Firm expertise covers the following areas:
- advice on antitrust and competition law;
- obtaining permission of the Antimonopoly Committee of Ukraine (AMCU) on concentration and concerted actions;
- complex support on issues related to the protection against unfair competition;
- anticompetitive concerted actions and / or abuse of monopoly power;
- representation of Сlient(s) in AMCU in the course of any investigations (including antitrust);
- AMCU appeal decisions, both administrative and judicial procedure