Ukrainian vector of the European Court
The first in the conference program had been on a seminar on the activities of the European Court of Human Rights and the resonant cases against Ukraine. Speakers focused on the principles and specific examples of the European Court of Justice in respect of Ukraine. Under the theme of the law firm partner, "Sergei Kozyakov and Partners Sergei Kozyakov talked about some resonance cases against Ukraine. Among them - the case of downed Ukrainian military Tu Russia's Siberia Airlines, as well as the sensational case of a claim of a foreign citizen to the State of Ukraine to the amount of claim requirements $ 9 billion. Today in the European Court are 12 cases against Ukraine. According to Sergei Kozyakova provided by the State budget funds sufficient to protect the interests of the state in 4-5 cases brought against the Court of Ukraine, the Ministry of Justice will continue to attract additional funds.
According to the president of the law firm "Salkom" Eugenia Cup, now the European Court of Human Rights is not effective enough mechanism of legal protection. Many Ukrainian applicants are unlikely to rely on the decision of the case in their favor, since not knowledgeable in all procedures Treatment and adjudication of a particular case.
Civil Law in a new
Of particular interest was the seminar on the novels of the Civil Code (CC). Deputy Executive Secretary SSMSC Andrei Portnov spoke about the innovations relating to the securities market. He responded negatively to the exclusive competence of the general shareholders' meeting to address questions regarding election of members of the Supervisory Board, the creation and revocation of the executive and other organs of society. In his view, this provision will impede the effective management. Positively, he described the possibility of issuing joint stock company bond in an amount not exceeding the amount of the share capital, or the amount of security which is available to society for this purpose by third persons (previously 25% of authorized capital).
Partner of law firm "Shevchenko Didkovskii and Partners Vadim Samoilenko his speech devoted to innovations CC, encompasses LLC. Among He mentioned the important rules under which only the constituent instrument is the Charter Ltd. (prior to this was still a constituent agreement), as well as possible establishment of a founder of the society, changing the order of formation of the authorized capital. He noted the inconsistency of the legislators: how a founder himself will hold a meeting (this is optional) or appoint government.
Legal protection of intellectual property
Talking about the legal protection of well-known trademarks, Chief Scientific Adviser to the Verkhovna Rada Committee on Science and Education Gennady Androshchuk reported that in a competitive environment today is marked by about 75% of the goods. Recognition of a trademark as a well-known open great opportunity to the owner to protect its trademark.
Deputy Director of State Enterprise "Ukrainian Industrial Property Institute" Anatoly Gornisevich noted that the positive side of the current GC is that the legal regulation of intellectual property allocated in separate books (Books 4 and 5 of the Civil Code).
The representative of the Institute of Intellectual Property Academy of Law of Ukraine Oleksandr Doroshenko focused on the pivotal role of forensic system protection of intellectual property rights, since most of the conclusions of experts are the basis of reasoning in the judgments rendered. By He said that today in Ukraine certified more than 50 experts in the field of intellectual property. But the real work only 12 of them.
The theme of the report of Michael Dubinsky, Director of the Patent Law Agency "Dubinsky and Osharova" were especially criminal legal protection intellectual property rights. According to him, this way of protecting intellectual property rights is not particularly common. The key articles of the Criminal Code, on the basis of which are protected rights, are 176, 177, 229, 231, 232 of the Criminal Code of Ukraine.
Exclusively applied character wore a seminar on the organization of legal practice.
Presentations were made by lawyers who opened his own law firm. Thus, the senior partner of law firm "Vasil Kisil & Partners, Basil Kisil touched on issues of ethics in the legal profession. The main qualities of a lawyer should be honesty, competence and integrity, said he: "If a lawyer is not an expert in a particular subject, he must notify the customer and recommend him to another specialist. Only such action can be regarded as ethical. "
A report on "The rules of law or the idea of them: what is more important?" Was made a senior partner of law firm KM Partners Alexander Minin.
Completely "transparent" distinguished himself managing partner of law firm Magister & Partners, Oleg Riabokon, who told the organizational structure of the company, about departments, personnel, functional responsibilities of employees.
A very informative presentation was the managing partner at the law firm "Shevchenko Didkovskii and Partners Igor Shevchenko. His speech relating to corporate-style law firm.
The conference held a seminar on "Lending and the protection of the rights of creditors in the banking business.
Judge of the Supreme Court of Ukraine Mykola Husak considered valid regulation of the institution of recognition of transactions void, and the reasons for change jurisprudence in this area. He noted that today there is no recognition of the practice contracts not concluded, since there is no such way of protection ownership.
Head of Legal Department UkrSibbank Sergey Panov when considering the problematic issues of legal regulation of credit relationship noted three postulate that guide the bank's specialists in lending: the logic, sense of right and intuition.
Some aspects of the establishment in Ukraine Credit Bureau has devoted his speech Elena Urluk Consultant Committee of the Supreme Council of Ukraine Legal Policy. The Bureau planned to create in the form of joint stock companies, which will provide information on borrowers for a fee.
Lawyer Law Firm "Shevchenko Didkovskii and Partners" Nikolai Orlov, briefly addressed the problematic points of the international financial transactions. Typical for such operations is that the legal profession by 60-70% consists of mediation and counseling at all stages of the transaction, rather than legal activities. This is due to lack of experience with international financial markets, and hence - the respective reputation.
Criminal Law and Procedure
Much of the seminar on "Current issues of criminal law and procedure" was given to discussion of articles of the Criminal Code of Ukraine (CC), providing for liability for tax evasion and crime in the area of performance. On this issue were the head Department of Criminal Law and Criminology of Azov Regional Management Institute in Zaporozhye State University, Alexander Dudorov and Head of the Department on national security, defense, law enforcement and crime GNEU staff of the Supreme Council Mykola Havronyuk. They both agreed on the inexhaustible potential of the Criminal Code of repressive taxation. Besides, said Nicholas Havronyuk, good changes in the law in these matters in the near future we should not expect, though vital to amend the Criminal Code, in particular Articles 192, 212, 222, 367 and 425. In his view, should be excluded from the UK, setting out the responsibility of officials, adding article, which reads as follows: if the crime committed by an official from using official authority, the maximum penalty under this increases a half times.
Senior Researcher, Institute of State and Law named. V. Koretsky, NAS of Ukraine Mykola Siry drew attention to the fact that the UK has a number of articles, according to which sentence is the basis for the imposition of another sentence, which in itself is meaningless. So, to be held accountable for legalization, requires the verdict, according to which money or property could be recognized from crime.