business reputation

Trade Facilitation Agreement: New Opportunities for Ukraine
According to the results of an international study by the World Bank Doing business 2014, over the past 2 years, Ukraine has significantly improved its position in the overall ranking…

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The main ways to improve the relationship of a lawyer with a client
I’ll tell you a secret right away: there are no secrets in improving relations between a lawyer and a client, because we all know how to be in good relations…

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Continuation of the moratorium on tax audits of a business
From August to December 2014, in order to promote the development of the national economy and create favorable conditions for doing business in Ukraine, a moratorium was introduced on conducting…

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Offshore companies as an asset protection tool have not disappeared

What is important for the owner of any asset? The optimal taxation of such an asset over the time it has been held and partly the desire to keep its name from the general public. Offshore companies inherently have such functions – with their help tax optimization and asset protection are achieved. An offshore is also commonly associated with maintaining the anonymity of the ultimate beneficiary.

Since December 2012, EU officials at various levels, heads of financial departments of individual European states have announced an intensification of the fight against offshore companies, in particular in the Eurozone. Continue reading

Investor funds are taxable only once

Joint investment institutions have taken their place in the CIS market as an effective tool for financing housing, operations with loan portfolios and other investment projects. An important role in the development of joint investment institutions was played by state incentives in the form of tax incentives.

Lawyers specializing in the resolution of arbitration tax disputes indicate that the peculiarities of taxation of joint investment institutions are that, not being a legal entity, joint investment institutions do not pay income tax on income received, which avoids double taxation. That is, investor funds are taxed only once, at the stage of profit distribution among investors, but are not taxed at the level of joint investment institutions. Continue reading

Controversial issues of interpretation of the concepts of “agent” and “representative”

Today, the courts have already decided a certain number of court cases where the provisions of Art. 6 secessions of the Paris Convention. This indicates a wide increase in interest in the practical application of the norms of this article for the recognition of a certificate for a mark for goods and services (trademark) invalid.

In Art. 6series of the Paris Convention as the basis for the recognition of a trademark as invalid is often applied together with part 2 of art. 6 of the Law of Ukraine “On the Protection of the Rights to Marks for Goods and Services” (the possibility of misleading regarding the person producing the goods or providing services). Continue reading

New rules for obtaining information from the State Register of Rights

The legal regulation regarding the real estate sector has undergone dramatic changes over the past two years. The abovementioned began to create a new system for registering rights to real estate and their encumbrances, as a result of which a number of derivative mechanisms were developed, including with the participation of specialists for joining the SRO in the design. Another innovation of the legislator is the openness and general availability of information on state registration of rights and their burdens from the State Register of Rights to Real Estate (hereinafter – the State Register of Rights, State Register of Rights). However, a number of questions arise regarding the advantages and disadvantages of the changes introduced. Continue reading

If you pay attention to the proposed reform of the GIS bodies, then, in fact, virtually nothing changes

After the collapse of the USSR, the former republics inherited a Soviet-style system of judicial decisions.

Ukraine was no exception, in which the judicial system was involved in the institution of compulsory enforcement of court decisions in 1999. Bailiffs worked in the courts and were assigned to the judge who made the decision.

In 1998, the Law of Ukraine “On State Executive Service” was adopted. A year later, the State Executive Service (GIS) was formed as part of the Ministry of Justice, which was entrusted with the enforcement of decisions of courts and extrajudicial bodies. Continue reading

Features of the conclusion of agreements on the assignment of rights
According to the general theory of civil law, the subjects of the obligation are the authorized person (creditor) and the obligated party (debtor). The creditor is a person authorized to…

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Order proceedings on the application of procedural novelty by commercial courts
Order production is an institution that appeared in the economic process after the entry into force of the new edition of the Economic Procedural Code of Ukraine on December 15,…

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Stop judicial investigation of the requirements of the Code of Criminal Procedure
According to paragraph. 3 h. 1 Article 280 of the Code of Criminal Procedure of Ukraine, pre-trial investigation may be stopped after informing the person of suspicion if there is…

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Banking of the future: shouldn't banking?
“I fully admit that in five years our refrigerator connected to the Internet will be able to order products for the owners on its own, and the vacuum cleaner will…

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