SERVICES
The core of MS Business Law Firm’s portfolio traditionally consists of legal support and representation, as well as judicial protection of small and medium-sized businesses. As the number of Ukrainian companies in foreign jurisdictions grows, as well as foreign entrepreneurs explore Ukrainian markets, services in the field of international law and foreign trade become increasingly in demand. On request, the firm's lawyers also provide services in the field of private law.
Services are available according to the clients’ needs. Whether you require one-time counsel or ongoing legal services including ongoing online support, MS Business Law Firm will work to accommodate you. Payment for services is carried out according to the firm's tariffs, which are available upon request.
Legal Support
The firm aims to develop legal support solutions to current and strategic business objectives by means of legal advice and judicial documents. This support aims to minimize business risks and maximize benefits from the efficient use of legal rights and judicial instruments by our clients in their work. Legal support is carried out on all aspects of clients’ legal relations in business law. MS Business Law Firm specializes in corporate law, commercial and competitive laws, tax and finance laws, property and intellectual property rights laws, and labor law.
Corporate Law:
- establishment of legal entities, subdivisions in Ukraine and foreign jurisdictions; reorganization, liquidation, bankruptcy; registration of entrepreneurs
- administrative and court appeals against registration acts
- registration of investment, legal expertise of investments
- transactions with shares, other corporate rights; legal protection of corporate rights’ owners; corporate disputes
- support during licensing and permit procedures, administrative and court appeals
- company regulations drafting (constituent documents; corporate, commercial, financial, accounting, labor, logistics, marketing policies; security policy; property rights and information protection policy)
Commercial and Competition Laws:
- advice on conformity of goods and services with safety standards, technical regulations, legislation on consumer protection; conformity assessment and certification
- advice on retail trade, retail and consumer protection state monitoring (control)
- advice on competition (unfair competition), advertising and promotion; image protection and public relations
- legal support during state supervisory (control) bodies’ inspections, administrative and court appeals against state supervisory (control) bodies’ acts
- obtaining the Antimonopoly Committee bodies’ reviews and recommendations, legal support during the Antimonopoly Committee bodies’ inspections, administrative and court appeals against the Antimonopoly Committee bodies’ acts
- advice on state procurement, draft of tender documents, administrative and court appeals against procurement procedures
- drafting and legal expertise of commercial contracts (supply of goods, providing services; goods manufacturing by order, "private labels", commissions, agency and franchising contracts; distribution agreements; e-commerce; cargo transportation, deliveries, logistics, freight forwarding)
- drafting and legal expertise of advertising agreements (advertising development, advertising in mass media, the Internet, outdoor advertising, sponsorship)
- drafting and legal expertise of marketing agreements (marketing researches, merchandising, trade marketing, direct marketing)
Tax and Finance Laws:
- advice on taxation and tax risks, efficient tax models development
- legal support during tax authorities’ inspections
- administrative and court appeals against tax authorities’ acts
- advice in finances (financing, loans, payments, pledges, mortgages, guarantees)
- drafting and legal expertise of financial instruments (loan contracts, financial aids, leasing; pledges, mortgages, guarantees, insurance, banking; letter of credit, bill of exchange, factoring)
Property Rights Law:
- advice on property rights and ownership
- legal expertise of property rights
- legal accompaniment of transactions with real estate and other property rights
- drafting and legal expertise of agreements (property sales and acquisitions, purchase under procurements; renting and leasing; construction and renovation agreements, construction financing)
- property rights protection
Intellectual Property Rights Law:
- advice on intellectual property rights, intellectual property ownership and protection
- legal accompaniment of intellectual property rights registration, legal expertise of intellectual property rights (trademarks, trade names, utility models, industrial designs, inventions, "know how", copyright, domains, IT rights)
- drafting and legal expertise of intellectual property agreements (intellectual property development, sales and acquisitions of intellectual property, license agreements, transfer of property rights, franchising, web-hosting services, commercial information and personal data protection)
- intellectual property rights protection, administrative and court appeals against patent bodies’ acts
Labour Law:
- advice in the field of labor relations (employment organization and remuneration; recruitment, dismissal and change in working conditions; work permits; labor guarantees and compensations; labor discipline and safety; financial and disciplinary liability, labor frauds)
- drafting and legal expertise of personnel documentation
- labor disputes
Representation and Judicial Protection
Representation of clients’ interests through negotiations and business correspondence.
Representation is carried out in the following areas:
- representation to potential partners and clients’ counterparties during establishment and implementation of business cooperation within conclusion, fulfilling and termination of deals
- representation to state and local government bodies and agencies within state inspections and monitoring, as well as licensing, registration and notification procedures
- representation to public organizations and mass media within public collaboration
Judicial protection is a set of legal actions aimed at the protection and restoration of the client’s violated rights.
Judicial protection is carried out by means of pre-trial protection and lawsuits.
Pre-trial protection is carried out in the following areas:
- pre-trial protection against the client’s counterparties concerning pre-contractual and contractual disputes through pre-suit negotiations and drafting claims
- pre-trial protection against third parties concerning non-contractual disputes and non-contractual damages through pre-suit negotiations and drafting claims
- pre-trial protection against state and local government bodies and agencies within administrative appeals procedures
- pre-trial protection of business interests aimed at preventing acts of corruption, hostile takeovers and other violations of entrepreneurs’ rights by means of mass media and alternative instruments of conflict resolution (Business Ombudsman Council, anti-corruption agencies, profile and regional public organizations, business associations)
Lawsuits in arbitration, administrative and civil courts concerning the following main categories of disputes:
- recognition of legal rights
- termination of violating acts and restoration of status quo
- invalidation, alteration and termination of deals
- invalidation of state and local government bodies and agencies’ acts
- enforcement of obligations
- reimbursement
- enforcement of court rulings and settlement agreements through voluntary and obligatory options
International Law and Foreign Trade
Services in the field of international law and foreign trade encompass legal consulting, drafting and legal expertise of international contracts, representation and judicial protection.
Legal Advice in International Law:
- international conventions rules on law enforcement, legal protection, international trade and intellectual property rights
- bilateral governmental agreements on mutual recognition, trade, investment, avoidance of double taxation
- legislation and business practices of foreign jurisdictions
- technical regulations requirements of the customs unions (EU, EAEU and others)
- international organizations rules, WTO-regulations
Legal Advice on Foreign Trade:
- foreign trade rules according to the legislation of Ukraine
- international transactions
- international payments, currency regulations, currency control
- customs regulations, exports and imports controls, declaration and classification of goods
- taxation in foreign trade
- conformity assessment and origin of goods certification
- transportation and maritime law
- international protection and registration of intellectual property
- liability in foreign trade, customs and currency regulations
Drafting and Legal Expertise of International Contracts:
- exports and imports of goods and services (purchase, sale, distribution, commission and agency agreements)
- toll manufacturing agreements
- international cargo transportation (trucking, railways, shipping containers)
- logistics and freight forwarding, stevedore services, port terminals, brokerage services
- laboratory testing and measurement, declaration and certification
- marketing and advertising services, international exhibitions and forums
- intellectual property rights
Representation:
- representation to potential partners and clients’ counterparties during establishment and implementation of business cooperation in Ukraine and abroad within conclusion, fulfilling and termination of contracts
- representation to state and local government bodies and agencies of Ukraine (Chamber of Commerce, customs and tax authorities, the Ministry of Economy, Ministry of Justice, Ministry of Foreign Affairs, National Bank of Ukraine, etc.) as a legal accompaniment of foreign trade transactions
- representation to state and local government bodies and agencies of foreign jurisdictions as well as public organizations as a legal accompaniment of foreign trade transactions
Judicial Protection:
- pre-trial protection within Ukraine and abroad against the clients’ counterparties concerning pre-contractual and contractual disputes, as well as against third parties concerning non-contractual disputes and non-contractual damages
- lawsuits containing foreign elements in arbitration and civil courts of Ukraine, ICAC at the UCCI
- lawsuits in international arbitration and local courts of foreign jurisdictions
- validation of foreign judgments
- enforcement of court rulings within national and foreign jurisdictions
Private Law Issues
Advice, drafting and legal expertise of documents, representation and judicial protection in civil, family and housing law. In particular, the protection of property rights, compensation for damages, family and housing disputes, inheritance rights, consumer protection and other matters of a private nature.