Services

 

Our company provides a wide range of services: from current task assignments of our clients to monitoring of the large-scale projects.

CORPORATE PRACTICE

The practice in the sphere of corporate law is being paid special attention in the activity of our company. The lawyers of Moor & Partners give advice to our clients on the issues of establishment of legal entities, elaborate foundation documents, and monitor the transactions of purchase, merger, takeover, and reorganization of companies. The firm lawyers are highly experienced in the legal audit services. One of the directions of our activity is the protection of shareholders' rights (both majority and minority shareholders).

Our lawyers specialize in representation of the interests of our clients before the state registration bodies as well as before the State Committee on Securities and Stock Market, and State Property Fund of Ukraine.

In the sphere of corporate practice we are experienced in the following services:

establishment of legal entities;

establishment of structural units of foreign companies;

elaboration of foundation documents;

elaboration of internal corporate documents;

representation of interests before the registration and other government authorities;

corporate management;

purchase, reorganization, merger, and takeover of companies;

protection of shareholders' rights;

corporate finance;

securities;

privatization.

REAL ESTATE AND CONSTRUCTION

Lawyers of Moor & Partners are experienced in legal support of the clients' real estate transactions. The firm elaborates and makes legal analysis of the sales contracts, lease of real estate, represents interests of the clients in the process of concluding of the contracts and provides clients with complex services in the process of purchase or alienation of real estate.

Moor & Partners is active in the sphere of investments in real estate; the qualified lawyers of the firm give advice to the clients on the issues of acquiring of property rights in the real estate facilities in investment projects. Great consideration is paid by Moor & Partners to legal monitoring of construction, including design, acquiring of property rights in land plots, elaboration and legal monitoring of the procedure of raising funds of investors into construction.

In the sphere of real estate and construction we are experienced in the following legal services:

advice on taxation of real estate transactions;

legal monitoring of real estate design and construction;

elaboration and implementation of financial and legal facilities of raising investors' funds into construction;

legal monitoring of transfer/receipt of mortgage;

representation of the clients' interests before courts in protection of their rights in real estate.

JUDICIAL PRACTICE

Violated or disputed rights may often be protected only in the court. One of the main directions of the Moor & Partners activity is efficient representation of the interests of our clients in the courts. The purpose of the firm’s activity is practical application of legislation aimed at the effective case consideration, rehabilitation of infringed rights and elimination of the results of infringed client's interests.

The firm represents its clients' interests before the courts of general jurisdiction on all the territory of Ukraine, as well as before the Highest Economic Court of Ukraine, the Highest Administrative Court of Ukraine, the High specialized court of Ukraine on the civil and criminal cases and the Supreme Court of Ukraine.

Besides, the lawyers of Moor & Partners represent the interests of their clients during all the stages of enforcement process, in particular, enforcement of decisions made by the Ukrainian courts, as well as acknowledgement and enforcement in Ukraine of the decisions of international commercial arbitration courts and foreign courts.

TAXATION

Lawyers of Moor & Partners are widely experienced in representation of the clients' interests in the sphere of taxation. In particular, we provide legal advice to our clients on payment of taxes on goods, work and services import/export transactions, companies merger and takeover etc. Our firm enlists the services of highly qualified auditors for preparing relevant opinions on the issues of taxation.

Specialists of the firm are able to prepare an efficient tax planning. We also provide legal services in case of arising any tax disputes with the State Taxation Authorities.

Special attention in our activity is paid to services in the sphere of application of double taxation treaties signed between Ukraine and other states. In general Moor & Partners represents and defends the rights and interests of its clients by means of:

legal advice on certain aspects of business activity taxation of both residents and non-residents of Ukraine;

complex tax planning;

representation of the clients' interests before the State Taxation Authorities;

defense of the tax payers' rights in the process of tax inspections;

representation of the clients' interests before the courts in the disputes with the State Taxation Authorities.

INTELLECTUAL PROPERTY

Lawyers of Moor & Partners give advice to the clients on the issues of protection of their copyrights and neighbouring (related) rights, trademarks, inventions, designs, and other intellectual property objects.

Moor & Partners is widely experienced in conducting cases of the clients related to protection of their intellectual property rights, including the cases related to illegal use of trademarks, violation of neighbouring (related) rights, rights of public use, and cases related to antimonopoly (antitrust) legislation and unfair competition. Our firm is engaged in registration of trade marks (signs for goods and services), preparing and registration of licence agreements for transfer of invention rights, trademarks, designs, know-how, softwares etc. Lawyers of the firm give advice, conduct negotiations, and conduct all the kinds of agreements for transfer of intellectual property objects, including licence agreements and title transfer agreements.

The firm has been efficiently cooperating with the State Department of Intellectual Property of Ukraine as well as with the patent solicitors.

Moor & Partners provides such services in the sphere of protection of intellectual property:

judicial protection of copyright;

legal monitoring of the procedure of development of trademarks;

registration of trademarks (signs for goods and services);

protection of registered trademarks ( signs for goods and services) from illegal use;

preparing and registration of licence agreements for transfer of invention rights, trademarks, designs, know-how and softwares.

INTERNATIONAL TRADE

Successful experience of Moor & Partners in the market of legal services in Ukraine includes the practice of legal monitoring of various business projects in international trade.

Lawyers of Moor & Partners are highly experienced in representation of the interests of foreign and local legal entities in the sphere of transnational commercial turnover. If any disputes arise between the contractors, we take every effort to settle them extrajudicially; however, we have sufficient experience of representation of the interests of our clients in the international judicial agencies and arbitration courts.

The issues in international trade wherein we are experienced are as follows:

legal monitoring of concluding and fulfillment of the agreements (contracts) for international sales of goods, work, and services;

international payments;

double taxation issues;

international transportation;

international legal regulation of the securities market;

representation of the interests of foreign physical persons and legal entities in the national and international judicial agencies and arbitration courts.

FOREIGN INVESTMENTS

One of the priority directions of the activity of Moor & Partners is legal monitoring of the investment activity of foreign companies in Ukraine.

Lawyers of Moor & Partners provide advice on all the issues of foreign economic activities that may arise in the process of business activity in Ukraine, in particular, advice on:

provision of services by Ukrainian foreign economic activities participants to foreign business entities, including in the sphere of production, transportation and forwarding, insurance, consultancy, marketing, export, mediation, brokerage, agency, management, accounting, audit, law, tourism and others;

joint business activity with participation of foreign business entities, including establishment of joint ventures of various types and forms, handling joint business transactions and joint title in property both in the territory of Ukraine and beyond the borders of Ukraine;

business activity in the territory of Ukraine related to granting licences, patents, know-how, trademarks and other intangible property on the part of foreign business entities;

renting, including leasing transactions with participation of non-residents;

analysis of the contractual schemes of foreign investments;

investments in the corporate rights of the Ukrainian resident;

purchase of real estate in Ukraine by non-residents and legal status of the land of the real estate that belongs to a non-resident;

legal aspects of customs regulation.

SECURITIES AND STOCK MARKET

Moor & Partners is widely experienced in the legal services in the sphere of issuance and turnover of securities. The lawyers of our firm are specialists in the securities transactions and provide, in particular, the following legal services:

arrangements for and handling original subscription for shares; preparing of a block of documents necessary for the emission of shares; legal monitoring of share issuance registration at the State Committee for Securities and Stock Market of Ukraine; and drawing up reports on the results of subscription for shares;

advice on keeping Register of owners of nominal (registered) shares;

elaboration and legal due diligence of the contracts for securities transactions (purchase/sale, donation, subscription for shares, opening of securities accounts, distribution and turnover of securities etc.), as well as the contracts that regulate the relations of our clients with professional stock market participants;

representation of the interests of our clients before the courts in the disputes related to issuance and turnover of securities;

legal monitoring of bond issuance; preparing of a set of the documents necessary for bond issuance; registration of bond issuance at the State Committee for Securities and Stock Market of Ukraine; and drawing up reports on the results of bond distribution.

We are also engaged in the legal audit of issuing companies and provide corresponding expert opinions.

Our firm represents the interests of the clients in their relations with professional stock market participants (traders in securities, depositary establishments, custodians, registrars etc.) and protects the rights and legitimate interests of the clients before the State Committee for Securities and Stock Market of Ukraine.

ANTIMONOPOLY AND COMPETITION LAW

Moor & Partners has wide experience in representation of the clients’ interests in the sphere of antimonopoly regulation and protection of competition in Ukraine.

Among other services, the lawyers of our firm represent the interests of the clients before the bodies of antimonopoly regulation and control and provide legal monitoring of economic concentration of economic agents (merger, affiliation, purchase of control over business entities).

The sphere of activity of our firm covers also the issues of antimonopoly regulation in fulfillment of various agreements by business entities. These include:

protection and representation of the interests of the clients before the bodies of antimonopoly regulation and control;

legal monitoring of economic concentration of economic agents (merger, affiliation, purchase of control over business entities, appointment for top positions in companies of the persons who occupy the similar positions in other companies etc.);

obtaining of necessary permits, preliminary opinions from the bodies of antimonopoly regulation and control for carrying out economic concentration or taking concerted actions;

advice on the issues of application of the most efficient schemes of purchase of companies or acquiring control over companies, and concentration of capitals;

representation and protection of the interests of the clients in the process of consideration of the cases of violation of economic competition laws.

GOVERNMENT REGULATION. OIL AND GAS. AVIATION. ELECTRIC POWER INDUSTRY

Moor & Partners has significant experience in representation of the clients’ interests in the spheres of business activity that to a great extent are subject to the government regulation. In particular, our firm is experienced in the legal monitoring of obtaining licences that are necessary for handling certain business activities. The lawyers of Moor & Partners are able to represent the interests of the clients in a professional and efficient way before various government authorities: from the local bodies to the national bodies.

A great deal of our activity is related to the services for the oil and gas companies. The list of clients of Moor & Partners in this business includes such important players in the oil and gas market of Ukraine as NJSC Oil and Gas of Ukraine, a Subsidiary Company of Gas of Ukraine, and a Subsidiary Company of Ukrtransgaz.

The lawyers of Moor & Partners also specialize in legal regulation of aviation activity and air transportation in Ukraine. We have been providing the services to airline companies in representation of their interests before government authorities and judicial agencies.

The firm has experience in protection of the interests of the clients in the sphere of electric power industry. The lawyers of Moor & Partners represent the interests of the clients before the National Committee for Regulation of Electric Power Industry and provide legal services to shareholders of a number of Ukrainian energy supplying companies (oblenergo).

TELECOMMUNICATIONS. MOBILE COMMUNICATION

For a long period, the lawyers of Moor & Partners have been engaged in giving advice to the clients on telecommunication law. In particular, we are experienced in project monitoring of the companies connected with laying telecommunication networks and access to theme. The firm has been efficiently representing the interests of the clients in obtaining of licences necessary for their business activity in telecommunications, in particular, in Internet and IP-Telephonie.

Moor & Partners is experienced in representation of the interests of its clients before the National Committee for Communication Regulation that, in particular, is in charge of supervision over the telecommunication market, control of telecommunication service quality, tariff regulation in telecommunications, establishment of the procedure of mutual settlements among the telecommunication operators, and application of administrative sanctions against the market participants.

Ukrainian State Center of Radiofrequencies "Ukrchastotnagliad", which ensures conditions for efficient use of radiofrequency resource of Ukraine in the interests of all the categories and groups of users, creation, implementation in Ukraine, and further development of telecommunication technologies with the use of radiofrequency resource, is among our clients.

We give advice to the mobile and cable communication operators on the provisions of Ukrainian legislation in the sphere of telecommunications and represent their interests in the relations with other operators and state regulation authorities.

ELECTION LAW

Moor & Partners is one of the most experienced in election law. Advocates and lawyers of the firm are highly experienced in representation of the clients' interests in the election processes at different levels: from election of deputies to the local councils and local mayors to election of deputies of the Verkhovna Rada of Ukraine.

The most important achievement of our lawyers was their participation in the legal monitoring of the Presidential campaign of a candidate for President of Ukraine Victor Yushchenko in Presidential elections of 2004.

Our experience in election law includes legal monitoring of the election campaigns of both separate candidates for elective offices and legal monitoring of participation of the political parties and blocs in election campaigns at different levels: from the local to the national level. In particular, our lawyers took part in the legal monitoring of the election campaign of the bloc of political parties Our Ukraine in the elections of deputies of Verkhovna Rada of Ukraine in 2006.

We offer a complex legal monitoring of election campaign of our clients that includes: preparation of the documents necessary for registration of the candidates, advice on all the issues of holding an election campaign, representation of the interests of the candidates in territorial election commissions and, if necessary, in the Central Election Commission of Ukraine.

Moor & Partners offers the experienced specialists for representation of the interests of the clients before the courts for the protection of their infringed legitimate rights or for contesting the rights in election processes.

We have a positive experience of the protection of our clients' rights in the election campaigns before the local, appeal (district) courts, the Highest Administrative Court of Ukraine, and the Supreme Court of Ukraine.

We also have a wide experience of elaboration and application of training programs for the members of election commissions, official observers, representatives of the headquarters of the parties and candidates for elections.

Our specialists are often invited by the Venice Commission of the Council of Europe, International Republican Institute (the USA), National Democratic Institute (the USA), Organization for Security and Cooperation in Europe (OSCE) as the experts of these institutions for participation in different activities both in Ukraine, and other countries of Europe and Asia. «Geography» of the international electoral practice of our experts includes Moldova, Macedonia, Azerbaijan, Kazakhstan, Afghanistan and Jordan.

EUROPEAN COURT OF HUMAN RIGHTS

Our advocates and lawyers have a broad practice experience of representation of the legal entities and physical persons in the European Court of Human Rights. In particular we provide services as regards:

preparation of the applications to the European Court related first of all to the violation of Article 5 (right to liberty and security), 6 (right to a fair trial), 8 (right to respect for private and family life, home and correspondence), 10 (right to freedom of expression), 11 (right to freedom of assembly and association), 13 (right to an effective remedy), 14 (prohibition of discrimination), Article 1 of the Protocol № 1 (protection of property), Article 2 of the Protocol № 1 (right to education), Article 3 of the Protocol № 1 (right to free elections) to the Convention for the protection of human rights and fundamental freedoms;

representation of the clients’ interests in their contacts with the European Court of Human Rights and in their relations with competent state bodies of Ukraine;

application to the Supreme Court of Ukraine on the revision of the court decisions by force of exceptional circumstances after delivering of the decision of the European Court of Human Rights.

SOCIAL ACTIVITY

One of the priority characteristics of Moor & Partners are not indifference to the social processes that take part in Ukraine and active civil position.

We try not to distance ourselves from the social problems since we understand that legal practice is not simply a business but first of all professional activity aimed at protection of the rights and legitimate interests of those who are in need. That is why we support the social program «People’s advocate», started few years ago. Within the framework of this program thousands of low-income citizens have obtained free legal aid.

A lot of attention of Moor & Partners is paid to the scientific activity, since we understand that legal practice should be based on the results of theoretical and practical research. Our advocates and lawyers are often involved in preparation of draft laws in the sphere of tax, finance, election law.

The employees of the firm are the authors of a number of publications in the leading scientific and practical judicial periodic editions of Ukraine. Among the lawyers of the company are the candidates of legal science, authors of scientific and practical commentaries on codes of Ukraine, training appliances etc. We also support the scientific research of the prominent Ukrainian scientists. In particular, Moor & Partners has recently sponsored the edition of the work of the world-wide famous historian, professor Volodymyr Serhiychuk about the Ukrainian national liberation movement «Ukrainian shift: Podillia»

We are confident that our social activity is very useful for Ukrainian society, that is why we are going to realize socially important projects for the future.