Assignment of the right of claim is a civil legal process that involves the transfer by one subject (assignor) to another (assignee) of the right to collect a debt from a third party (debtor). Simply put, this is the sale of a debt obligation.

Why is it important to make a competent contract?

Assignment of the right of claim is a legal procedure that has a number of nuances, which makes drawing up a competent contract extremely important.

Here are a few reasons why:

Clear definition of the subject of the contract:

• A valid contract clearly defines the amount of the debt, the term of its repayment, the essential terms of the obligation, the party that gives up the right of claim (assignor), and the party that receives this right (assignee).
• This prevents inaccuracies and disputes in the future, because it clearly outlines the subject of the contract.

Protection of the rights and interests of the parties:

• A contract drawn up taking into account all legal norms protects the rights and interests of both the assignor and the assignee.
• It clearly defines the responsibility of the parties, the procedure for resolving disputes, and the conditions for terminating the contract.

Minimization of risks. An incorrectly drawn up contract can have legal consequences, such as:

• Recognizing it as invalid will result in the assignee not being able to collect the debt from the debtor.
• Disputes with the debtor – this can lead to court proceedings and additional costs.
• A competent contract minimizes these risks, because it meets all the requirements of the law.

Avoiding disputes in the future:

• A clearly drafted contract prevents inaccuracies and ambiguities, which reduces the likelihood of disputes between the parties in the future.
• It saves time, money and nerves.

Ensuring legality:

• The contract drawn up by a lawyer complies with all norms of current legislation.
• This ensures its legitimacy and protects your interests.

In summary, a competent contract of assignment of the right of claim is a guarantee that:

• Your rights and interests will be protected.
• You will be able to avoid disputes and legal problems.
• Fulfillment of obligations will be clearly defined.
• You will be insured against risks.

Do not risk your interests – contact the lawyers of “Prykhodko and Partners” and get a competent contract of assignment of the right of claim.

Is it possible to draw up a contract without the involvement of a lawyer?

Theoretically, it is possible to draw up a contract of assignment of the right of claim independently. However, this is not recommended, because:

1. This process has a number of legal nuances: ignorance of which can lead to serious mistakes.
2. Incorrectly drawn up contract: may be declared invalid, which will put your interests at risk.
3. Drafting a contract requires knowledge of current legislation: in the field of civil law, in particular, the law of obligations.

Algorithm of cooperation between the legal company “Prykhodko and partners” and the client regarding the development of the contract of assignment of the right of claim:

Customer request:

• The client applies to the company by phone, e-mail or through the website.
• The company’s specialist conducts an initial consultation to find out the essence of the case and the client’s needs.

Meeting with a lawyer:

• If the client needs, a meeting with a lawyer specializing in the assignment of the right of claim is organized.
• At the meeting, the lawyer explains all the nuances of the procedure to the client in detail, answers his questions and discusses the terms of cooperation.

Conclusion of an agreement on the provision of legal services:

• After the client decides to cooperate with the company, a contract for the provision of legal services is concluded.
• The contract clearly defines the working conditions, cost of services, rights and obligations of the parties.

Collection and analysis of information:

• The lawyer collects all the necessary information about the debt, the obligation and the parties to the contract of assignment of the right of claim.
• It analyzes this information to identify possible risks and legal nuances.

Draft contract development:

• On the basis of the collected information, the lawyer develops a draft contract of assignment of the right of claim.
• The draft contract is agreed with the client, his comments and wishes are taken into account.

Signing the contract:

• After the client has approved the draft contract, it is signed by the parties.

Legal support:

• If necessary, the company can provide the client with legal support at all stages of the execution of the contract of assignment of the right of claim, including debt collection from the debtor.

Contact “Prykhodko and partners” and make the assignment of the right of claim safe and profitable for you.

If you would like to receive advice or would like to know the cost of developing a contract of assignment of the right of claim – fill out the form below.

When a pensioner’s rights are violated, he or she can go to court to protect them if the issue cannot be resolved directly with the Pension Fund. As practice shows, attempts to act directly often end in a refusal, no matter what the issue is – recalculation of pensions based on an updated certificate of financial support, refund of the 2000 UAH surcharge, or any other requests. Unfortunately, the Pension Fund does not always side with pensioners. Therefore, it is not surprising that a large percentage of cases heard in administrative courts relate to pension issues, and the Pension Fund is the defendant in these cases.

How does the law regulate going to court?

The right to go to court and the method of judicial protection are defined in paragraphs 3 and 4 of part 1 of Article 5, as well as in part 2 of Article 5 of the Code of Administrative Procedure of Ukraine. In particular, the Code states that a court may be applied to when the plaintiff considers the actions or inaction of a public authority to be unlawful. In the described category of cases, such an entity is the Pension Fund.

The team of the Prikhodko & Partners Law Firm regularly deals with representing the interests of its clients in court. This applies not only to pension law issues, but also to appeals that are at the intersection of several branches of jurisprudence, for example, pension and military law when it comes to military retirees.

If we talk about the actual practice of interaction with the judiciary, we can only note positive trends. Legislation, as well as decisions of the Constitutional and Supreme Courts, are in the vast majority of cases on the side of pensioners. Therefore, in cases where Pension Fund officials have refused a pensioner’s request, administrative courts make completely different decisions.

What kind of requests do our clients come to us with?

There may be many grounds for going to court regarding unlawful actions, inaction or decisions of the Pension Fund. However, there are some common requests that can be conditionally divided into groups.

Military pensions

This includes pension issues addressed by military personnel and former police officers. So, we are talking about

• recalculation of pensions, taking into account the entire list of allowances, raises, bonuses and surcharges for those who became pensioners before 2018;
• refund of the additional payment in the amount of UAH 2000, in accordance with the provisions of CMU Resolution № 713;
• returning the correct percentage of the pension benefit in cases where it was illegally reduced to 70%;
• lifting the restrictions on the maximum pension amount established by Article 43 of Law № 2262-XII.

Issues related to the unlawful reduction of pensions by up to 70%, as well as restrictions on the maximum amount of pensions, are frequent reasons for appeals. Unfortunately, representatives of the Pension Fund are often guided by legal provisions that have lost their validity and have been recognized as inconsistent with the Constitution of Ukraine. Both the Constitutional Court and the Supreme Court in exemplary cases emphasize the fundamental principles on which pension provision should be based. This includes a fair pension amount, which should not be artificially limited. It is not surprising that these categories of cases are winning.

Civilian pensions

Not only military personnel but also civilian pensioners need high-quality legal support. In particular, we are talking about the following issues:

• supporting requests when it comes to appealing against a refusal to grant a pension;
• assistance in situations where there are grounds for recalculation of pensions, but the Pension Fund refuses to do so;
• consultations and support of requests for crediting of service, including preferential service.

In the context of civilian pensions, we are often contacted by civil servants when they face a refusal from the Pension Fund to transfer them from an old-age pension to a civil servant’s pension and to include the relevant service in the civil service. Another common category of requests concerns pensions for Chernobyl victims. In particular, it concerns the lifting of restrictions on the maximum pension amount established by Article 67 of Law № 796-XII.

Why is a statement of claim to the Pension Fund an effective way to protect rights?

According to the current legislation, court decisions are binding. This is stated in Article 129-1 of the Constitution of Ukraine, as well as Articles 14 and 370 of the Code of Administrative Procedure of Ukraine.

At the same time, the support of a professional lawyer at all stages allows you to significantly influence the outcome. For example, if the Pension Fund’s representatives delay the execution of a court decision, we file a corresponding lawyer’s request. This motivates the Pension Fund to treat such issues more responsibly.

So please contact us! The team of Prikhodko & Partners Law Firm has strong lawyers in the field of pension law, who have repeatedly proved their high competence by winning cases.

In the course of criminal proceedings, a preventive measure may be applied to the suspect/accused, the purpose of which is to ensure his presence during the trial, to prevent him from committing new crimes, as well as to eliminate the risk of influencing witnesses or victims.

Preventive measures related to deprivation of liberty

• Detention.

Essence: Presupposes the detention of the suspect/accused in the institution of pretrial detention (ITT) for the period determined by the court.

Duration: Detention can be applied for a period of up to 60 days, and in exceptional cases – up to 12 months.

Reasons for use:

1. Risk of escape of the suspect/accused;
2. The risk of committing a new crime;
3. Risk of impact on witnesses/victims;
4. Impossibility of applying other precautionary measures

• House arrest.

Essence: Presupposes the permanent stay of the suspect/accused in the residential premises determined by the court, with the restriction of his right to free movement.

Duration: House arrest can be applied for up to 6 months.

Reasons for use:

1. Risk of escape of the suspect/accused;
2. The risk of committing a new crime;
3. Risk of impact on witnesses/victims;
4. Impossibility of applying other precautionary measures.

Duties of the suspect/accused:

1. Do not leave the residential premises without the permission of the court;
2. Do not communicate with certain persons;
3. Appear on summons to the court, investigator, prosecutor;
4. Wear an electronic bracelet (by court order).

Preventive measures not related to deprivation of liberty

• Personal commitment.

Essence: Presupposes the imposition of duties on the suspect/accused:

1. Do not travel outside of Ukraine
2. Do not communicate with certain persons
3. Appear on summons to the court, investigator, prosecutor
4. Notify about change of residence

Reasons for use:

1. No risk of escape
2. No risk of committing a new crime
3. No risk of impact on witnesses/victims

Pledge.

• Essence: Presupposes that the suspect/accused or another person deposits cash bail into the court’s escrow account.

Bail amount: Determined by the court taking into account the gravity of the crime, the property status of the suspect/accused and other circumstances.

Reasons for use:

1. No risk of escape
2. No risk of committing a new crime
3. No risk of impact on witnesses/victims

The bail is returned after the end of the criminal proceedings, if the suspect/accused has fulfilled all the duties assigned to him.

Cases when the change of preventive measure is illegal or inappropriate:

• Changing the preventive measure to a more severe one without sufficient grounds. Examples:

1. Change from house arrest to detention without reasonable risks of escape, commission of a new crime, impact on witnesses/victims.
2. An increase in the bail amount without good reason.

• Changing the restraint to a more lenient one when there are risks. Examples:

1. Substitution of custody for house arrest in relation to a suspect who has a tendency to escape.
2. Releasing a suspect on bail when he can influence witnesses.

• Unjustified extension of the period of validity of the preventive measure. Examples:

1. Continuation of detention for 12 months without proper justification.
2. Continuation of house arrest in case of changes in the circumstances that caused its use.

• Other cases:

Violation of the procedure for changing the preventive measure.

1. Non-observance by the court of the terms of consideration of the petition.
2. Failure to provide the suspect/accused with an opportunity to express his/her position.

Non-objectivity and groundlessness of the court decision.

1. The court’s decision is not based on the examined evidence.
2. The court did not consider all the circumstances of the case.

How to appeal the decision to change the preventive measure

It is important to submit a complaint to the Court of Appeal within 5 days from the moment the decision is announced. In the appeal, it is necessary to set out the reasons for disagreement with the decision, as well as to provide evidence justifying the illegality or inappropriateness of the change of the preventive measure. Copies of documents confirming the arguments of the complainant are attached to the appeal. The Court of Appeal considers the appeal within 2 months.

The main risks of appealing a decision to change a preventive measure without the help of a lawyer

1. Incorrect filing of the appeal.
2. Imperfect substantiation of reasons for disagreement with the decision.
3. Failure to provide the court with sufficient evidence.
4. Missing the deadline for an appeal.

Why many people choose our law firm

1. We have extensive experience in successfully challenging decisions on changing a preventive measure
2. Our lawyers have excellent knowledge of criminal procedural law
3. We carefully prepare appeals and collect the necessary evidence
4. We represent the interests of clients in the appellate court
5. We offer fair prices for legal services

Contact our law firm for help in challenging a restraining order, and we will do everything we can to protect your rights and interests.

For consultation or calculation of the price of appeal of the decision to change the preventive measure – fill out the form below.

Many real estate owners have a question: how to properly redecorate a house, how to legalize unauthorized construction, etc. In this article, we will consider these issues in detail. To begin with, we note that without properly executed documentation, you will only be considered the owner of the material located on the plot of land, and not of the house itself. Administrative liability is also provided for the lack of timely registration of the real estate object. That is why, if you plan to redecorate a house or legalize a self-build in Kyiv and the Kyiv region, you should seek help from professional lawyers. Specialists of our Prykhodko and Partners law office will help you solve any problem related to real estate.

How is unauthorized construction legalized?

To begin with, let’s recall what “self-build” is. Self-build is considered a real estate object that was built without permits from local authorities. That is, there are no ownership documents. What does this indicate? The self-build owner will not be able to fully use his ownership right. Without the self-construction legalization procedure, such a real estate object cannot be sold/purchased, leased, bequeathed, etc. Such a building cannot have registered residents, it is not connected to communications.

Today, the fines for self-indulgences are quite large. If they are ignored, your house can be demolished. Therefore, it is better to take a step ahead and legalize unauthorized construction.

This is quite a difficult question. It is better to involve professional lawyers Prykhodko and Partners, who specialize in real estate in Kyiv and the Kyiv region, to solve it.

In 2024, the following options for legalizing self-builds are possible:

1. Obtaining ownership documents through the court.
2. Obtaining arbitrary documents from local authorities.

Let’s consider each of these options in more detail.

• Acquisition of ownership through the court

However, this option has certain nuances. Even if the court recognizes the right of ownership, Ukrainian legislation establishes the following:

1. The operation of real estate objects that have not been properly put into operation is prohibited.
2. In order to obtain real estate rights, it is necessary to submit relevant documents to the State Registration Service.

Thus, the court decision does not mean the right to free use or disposal of the real estate object. Also, do not forget that you can appeal the court’s decision if you wish.

Formalization of the procedure for the legalization of self-build

Depending on which category of complexity the real estate belongs to, the following stages must be completed:

1. Get a construction passport or urban planning conditions and restrictions.
2. Development of project documentation.
3. Submitting a notice on the start of construction works.
4. Production of a technical passport.
5. Commissioning of the real estate object.

After passing these stages, you will be able to fully enjoy the rights of the owner of the house. The simplified legalization procedure is relevant for buildings that were erected before 1992.

Assistance of lawyers in redecoration of the house

To carry out any actions related to real estate objects, it is necessary to involve professional lawyers. Specialists Prykhodko and Partners guarantee obtaining the desired result. We will help legalize even the most “problematic” real estate objects.

Do you still have questions? We are waiting for a preliminary consultation! To calculate the cost of the services of a real estate lawyer in the city of Kyiv and the Kyiv region, fill out the form below.

The field of information technologies is dynamically developing, opening up new opportunities for business. However, in addition to its advantages, it also brings certain difficulties, in particular, in accounting. It is important to competently approach the solution of this issue.

Features of IT accounting

Accounting of IT companies has a number of features that distinguish it from accounting in other industries:

1. Specific assets. Software, domain names, websites, software products and other intangible assets require careful evaluation and accounting.
2. Intellectual Property. Protecting and accounting for copyrights, patents and other intellectual property rights is important.
3. Transfer prices. When working with foreign counterparties, it is important to correctly determine transfer prices in order to avoid tax risks.
4. Tax benefits. The IT sector has a number of tax benefits that you need to know and use correctly.
5. Reporting. IT companies are required to submit special reports to regulatory authorities.

Calculate the cost of the accountant’s help

Possible consequences of incorrect IT accounting

Neglecting or improperly maintaining accounting can have serious consequences for an IT company, which can be divided into three main categories:

Financial consequences:

• Fines and penalties. Regulatory authorities, such as the Internal Revenue Service, may impose fines and penalties for violations of tax laws. The amount of fines can be significant, which will lead to large financial losses for the company.
• Account blocking. The tax office can block the company’s accounts, which will make it impossible to operate. This can lead to broken contracts, lost customers, and other serious problems.
• Additional costs. The need to correct errors in accounting can lead to additional costs for the services of accountants, lawyers and other specialists.

Legal consequences:

• Administrative responsibility. Administrative liability in the form of fines, warnings or other sanctions may be imposed for violation of tax legislation.
• Criminal liability. In some cases, it is even possible to violate criminal law, which can lead to a criminal record and imprisonment.
• Litigation. Incorrect accounting can lead to litigation with counterparties, creditors, regulatory authorities and other parties.

Reputational consequences:

• Damage to reputation. Unscrupulous bookkeeping can damage the company’s reputation among partners, clients, and investors.
• Loss of trust. Failure to comply with the law can undermine the trust of the company on the part of customers and partners, which can lead to the loss of orders and customers.
• Difficulty in finding new partners. A company with problematic accounting may have difficulty finding new partners and investors.

Calculate the cost of the accountant’s help

Accounting outsourcing for IT: advantages

To avoid problems with accounting, IT companies are advised to use outsourcing services. This gives a number of advantages:

1. Saving money. Reducing the costs of maintaining your own accounting department.
2. Improving the quality of accounting. Professional outsourced accountants have considerable experience in the IT field and constantly update their knowledge of legislation.
3. Risk reduction. Outsourcing companies are responsible for accounting errors.
4. Saving time. Management and employees of the IT company can focus on their main tasks.

“Prykhodko and partners”: competent and reliable IT accounting

The legal company “Prykhodko and Partners” offers a wide range of accounting services for IT companies. Our experienced specialists will advise on tax legislation, and will also help you:

1. Develop an optimal accounting system taking into account the specifics of your business.
2. Keep records of all types of assets and transactions.
3. Prepare and submit tax returns.
4. Represent your interests in regulatory bodies.

By contacting “Prykhodko and partners”, you can be sure that your accounting will be conducted correctly, reliably and in compliance with all legal requirements.

To order a detailed consultation, as well as to calculate the price of IT accounting – fill out the form below.

Clear and competent accounting is necessary for the successful functioning of any limited liability company. This is a complex process that requires not only knowledge and experience, but also constant updating of information in accordance with current legislation. Self-management of LLC accounting can lead to numerous complications and risks, which can be avoided by contacting qualified specialists.

LLC accounting: main difficulties and risks

Independent accounting can lead to numerous complications and risks:

1. Complexity of legislation. The tax and accounting legislation of Ukraine is constantly changing, which makes independent accounting an extremely difficult task. Ignorance or neglect of innovations can lead to fines, penalties and other financial losses.
2. The need for special knowledge. Accounting for an LLC requires not only basic accounting knowledge, but also an understanding of the specifics of corporate taxation, primary documentation, reporting, etc.
3. Lack of time. Owners and managers of LLCs, as a rule, lack time for independent accounting. This can lead to delays in reporting, accounting errors, and other problems.
4. Risks of financial losses. Accounting errors can result in serious financial losses for an LLC, including fines, penalties, additional taxes, and more.

Get advice on the service

The advantages of keeping LLC accounting by a professional

1. Saving time and resources. By contacting a professional accountant, you save time and resources that can be spent on developing your business.
2. Guarantee of correct accounting. A reliable specialist has thorough knowledge and experience in the accounting of an LLC, which guarantees the correctness and compliance of accounting with all legal requirements.
3. Risk reduction. An experienced accountant will help you minimize the risks of financial losses associated with accounting errors.
4. Peace of mind for your business. Having made the accounting of the LLC a matter of professionals, you can be sure that your business is in good hands.

To sum up, professional LLC accounting is a profitable and smart solution that will help you save time, money and minimize risks.

Remote accountant for LLC: advantages

1. Saving money. Remote accountant services are generally cheaper than hiring an in-house accountant. You save on wages, taxes, social benefits, equipment and workplace.
2. Flexibility. You can independently choose the time and method of cooperation with a remote accountant. This is convenient, because you can work with it at a time convenient for you, regardless of its physical location.
3. Accessibility. You can find a remote accountant from any region of Ukraine. This gives you the opportunity to choose a specialist with the best experience and qualifications, without being limited by geographical location. We recommend that you take a closer look at the specialists of the company “Prykhodko and Partners”, who have many advantages.
4. Use of modern technologies. Remote accountants use modern online platforms and services to communicate and exchange documents. This makes work convenient, economical and safe.
5. Increase in productivity. By outsourcing your bookkeeping, you and your employees can focus on more important aspects of your work, such as business development, marketing and sales. This can lead to a significant increase in the productivity and overall efficiency of the LLC.
6. Scalability. Remote accountant services can be easily scaled according to the needs of your LLC. You can pay only for the services you really need as your business grows or changes.

Get advice on the service

“Prykhodko and Partners”: reliable remote accountant services for LLCs

The legal company “Prykhodko and partners” offers a wide range of accounting services for LLCs on a remote basis. We have a team of accountants with many years of experience. Our specialists constantly update their knowledge and skills in accordance with changes in legislation.

We carefully study the specifics of your business and develop an individual accounting plan. We guarantee the confidentiality of all information you provide us. Our specialists are always ready to provide you with advice on any accounting and taxation issues.

If you need advice or the cost of remote accountant services for an LLC, fill out the form below.

Criminal proceedings may be closed for various reasons, but this does not always mean the final conclusion of the case. In some cases, the victim or other parties to the proceedings may disagree with and appeal the decision.

Legal advice on appeals against the decision to close criminal proceedings

Grounds for appeal against the decision to close criminal proceedings

• Lack of due process in decision-making:

1. Improper notification of criminal proceedings to participants;
2. Failure to meet pre-trial investigation deadlines;
3. No request by the prosecutor to close criminal proceedings;
4. Failure to provide participants with an opportunity to express their views;
5. Failure to comply with other procedural rules that affected the legality and reasonableness of the determination.

• Incomplete or unilateral investigation of the case:

1. No examination of witnesses who could provide important information;
2. Lack of necessary expertise;
3. Failure to investigate all evidence relevant to the case;
4. Unilateral evaluation of the collected evidence.

• Incorrect action qualification:

1. Incorrect definition of criminal offence;
2. Improper application of the law;
3. Unlawful exemption from criminal responsibility.

Important:

• The grounds for challenging the decision to close criminal proceedings are not exhaustive.
• When challenging a determination, it was important to clearly state the grounds and provide supporting evidence.
• It is recommended to consult a lawyer for qualified assistance.
• A complaint may be filed within 10 days of receiving a copy of the ruling.
• The complaint shall be submitted to the investigator of the judge at the location of the pre-trial investigation body that issued the ruling.

Possible outcome of the complaint

The investigating judge may:

1. Dismiss the complaint: in this case, the decision to close criminal proceedings remains in force;
2. Repeal the decision to close criminal proceedings: in this case, proceedings will be resumed;
3. Amend the decision to close criminal proceedings, in which case the shortcomings of its adoption may be remedied.

Recommendations for writing a complaint against the closure of criminal proceedings

• Introduction:

1. Specify the details of the contested ruling (name of the court, case number, date of determination).
2. State who you are (victim, witness, lawyer) and your procedural role in the case.
3. Briefly describe the case and the circumstances that led to the closure of the criminal proceedings.

• Reasons for not agreeing with the definition:

1. Tell us exactly what you disagree with in the ruling.
2. Explain why you find the definition illegal and unfounded.
3. Provide clear and reasoned evidence to support your position.
4. Refer to the relevant articles of the Ukrainian Criminal Procedure Code and other normative legal acts.

• Application part:

1. Clearly state what you are asking the court. For example, you can ask:
2. Repeal the decision to close criminal proceedings;
3. Amend the decision to close criminal proceedings and require the investigator to conduct further investigation;
4. Rescind the decision to close criminal proceedings and refer the case to a new pre-trial investigation.

• Annexes:

1. Add to the complaint copies of documents supporting your position (for example, interrogation reports, expert reports, statements).
2. The list of attached documents should be indicated in the complaint.

General recommendations:

• The complaint should be written clearly, concisely and clearly.
• Avoid emotional remarks and insults.
• Carefully check the text of the complaint for errors.

Why is it important to contact a specialist of our company?

Appealing to a lawyer to challenge the decision to close criminal proceedings is important for several reasons:

1. Defense of Rights. An attorney will help you defend your rights and interests in court. He would assess the facts of the case and do everything possible to convince the court of the need to extend the investigation.
2. Experience and knowledge of the law. The lawyer has knowledge of procedural law and experience in criminal cases. He could understand whether there were grounds for appeal against a decision to dismiss a case and what arguments could be effective in court.
3. Representation of interests in court. The lawyer will represent you in court and will appeal the decision to close the criminal proceedings. He will argue your case and use all available legal means to achieve a positive result.
4. Possibility to change the court’s decision. Successful appeal may lead to revision of the decision to close the case and its further consideration by the court.

Therefore, appealing to a lawyer against the decision to close criminal proceedings will help you to effectively protect your rights and achieve a fair result in the trial. To consult or calculate the price of appealing against the decision to close criminal proceedings – fill out the form below.

In the course of protecting their rights and legitimate interests, citizens often face the need to go to court. However, initiating a trial does not always guarantee its commencement. One of the possible results of consideration of an application or complaint may be a court order to refuse to open proceedings.

Why can the court refuse to open proceedings?

Article 122 of the Civil Procedure Code of Ukraine (hereinafter – CPC of Ukraine) defines an exhaustive list of grounds under which the court may refuse to open proceedings in the case. These include:

• The lack of jurisdiction of the case to this court. This means that the applicant appealed to the wrong court, which is authorized to consider this category of cases.
• Failure to comply with the requirements of the law to the application. The application submitted to the court may not be properly executed, contain incomplete or inaccurate information.
• Omission of limitation period. As a general rule, a lawsuit can be filed within a certain period, which is established by law.
• The plaintiff has no right to claim. This may be if the plaintiff is not the owner of the right for the protection of which he goes to court.
• The existence between the parties to the dispute of a previously adopted court decision that has entered into legal force.
• Filing an application by a person who does not have legal capacity.
• The death of the plaintiff or defendant if the disputed right or duty does not permit inheritance.
• Plaintiff’s refusal of the claim.
• Settlement agreement between the parties.

What are the reasons for refusing to open proceedings that are illegal?

Illegal reasons for refusal to open proceedings may be:

1. Incorrect application of the rules of law: if the court when making a decision to refuse to open proceedings incorrectly applied the rules of law.
2. Groundlessness of the court’s conclusions: if the court’s conclusions set forth in the ruling are not based on the investigated evidence.
3. Failure of the court to investigate all the circumstances of the case: if the court has not examined all the circumstances of the case that are relevant for making a legitimate and informed decision.

How to appeal a decision to refuse to open proceedings?

• Term for appeal: 15 days from the date of the decision.
• Where to file an appeal: to the court of appeal through the court of first instance, which issued the ruling.
• What should the appeal contain:

1. Name of the court of appeal;
2. Name of the court of first instance;
3. Name of the plaintiff, defendant and other participants in the case;
4. Contested definition.

• Also, the complaint must contain:

1. Appellant requirements: clearly state what you want to achieve as a result of the appeal proceedings. For example, you can ask: Cancel the decision to refuse to open proceedings; To oblige the court of first instance to open proceedings in the case.
2. Justification of the appeal: describe in detail why you consider the challenged ruling illegal and unreasonable. Refer to the norms of the current legislation, which, in your opinion, were violated by the court;
3. Attachments to the appeal: attach to the appeal all the documents that confirm your arguments. For example, copies of the statement of claim, evidence, responses to the claim, explanations, etc.

Why is it important to use the help of an experienced lawyer?

Using the help of an experienced lawyer when appealing a decision to refuse to open proceedings is very important. These has several important advantages:

1. An experienced lawyer has knowledge and understanding of the procedures and legal norms associated with appealing such decisions. He can carefully analyze your case, identify legal arguments and develop an appeal strategy.
2. The specialist will help to collect all the necessary documentation and evidence that will support your position in the appeal. It may also draw up all the necessary legal documents for lodging an appeal or complaint accordingly.
3. A professional can represent you in court or before the relevant authorities considering your case. This will allow you to have a professional defender of your interests and increase the chances of a successful outcome.
4. An experienced expert will help to avoid potential mistakes or misunderstandings that may arise when independently challenging the decision. He will be able to pay attention to any shortcomings in the decision and respond to them in a timely manner.
5. With the help of an experienced lawyer, you can maximize your chances of a successful outcome when appealing a decision to refuse to open proceedings.

Therefore, in view of the above advantages, it is important to use the help of a professional in appealing the decision to refuse to open proceedings to ensure effective and competent representation in court and maximize your chances of a successful outcome.

To consult or calculate the price of appealing the decision to refuse to open proceedings – fill out the form below.

The current Ukrainian legislation regulates a fairly wide range of possibilities for realizing the right of ownership of one or another property to another person. In particular, we are talking about the contract of purchase and sale of property rights to an apartment. If you need any services related to real estate in Kyiv and the Kyiv region, the specialists of our law office Prykhodko and Partners will help you with this.

Property rights: features of acquisition

Let’s start with the definition itself. Property rights are rights that are directly related to property, however, at the same time, they are not ownership rights. Components of property rights:

1. Ownership of property.
2. Use of property.
3. Property management.

One of the above-mentioned components can act as a property right.

That is, when buying an apartment, the buyer does not own the apartment itself, but the property rights to this apartment. In the future, the buyer may receive the right to own real estate.

In Ukrainian legislation, this is confirmed by Article 656 of the Civil Code of Ukraine. General rules on sales agreements apply to such legal relations. The only condition is that it should not be excluded by the content or nature of property rights.

Rules for drawing up a contract of sale of property rights to an apartment

The legislation of Ukraine does not provide for specific rules for drawing up a contract for the purchase and sale of property rights to an apartment. The main rule is that such an agreement must be in writing.

Also, the subject of the contract must be clearly formulated, i.e., it must be specified which of the real estate objects the buyer acquires property rights to. In addition, the contract must contain information about the property rights that are transferred (for example, the buyer will receive ownership of the apartment after the real estate object is put into operation). It is also important to note the terms of property rights and determine the cost of their acquisition. Regarding the terms. It is desirable that the contract should include:

1. Terms of completion of construction.
2. The term of putting the real estate object into operation.
3. Terms of transfer of ownership of the apartment (to the person who received property rights to the apartment).

A great role is given to specifying the warranty obligations of the parties to the contract. This will protect both the buyer and the seller from default by the other party.

A properly concluded contract can protect you from problems with real estate in the future.

Assistance of lawyers in concluding a contract of sale

In view of the above, the subject of the contract of sale is not only the real estate object, but also the property rights to it. It should be remembered that the alienation of such rights is accompanied by certain features.

Thus, when concluding a contract for the sale of property rights to an apartment, it is necessary to assess possible risks. It is quite difficult to do this without legal knowledge. That is why it is better to involve professional lawyers in concluding such an agreement.

Specialists Prykhodko and Partners will analyze in detail all available information about the developer and the real estate object. Based on the received data, we will prepare the appropriate contract. Our lawyers carry out a full legal review of real estate in both the primary and secondary markets. We have extensive practical experience in this field.

Do you still have questions? We are waiting for a preliminary consultation! To calculate the cost of a lawyer’s services for concluding a contract of sale of property rights for an apartment in the city of Kyiv and the Kyiv region, fill out the form below.

Do you lend money to friends, relatives or acquaintances? If so, then you know how difficult it can be to collect a debt later if there are misunderstandings. To protect yourself from such situations, it is recommended to issue a debt receipt. This is a simple but legally effective document that records the fact of the transfer of funds and the terms of their return.

What is a promissory note?

A debt receipt is a written document that confirms the fact of receiving a certain amount of money in debt by one person (the borrower) from another (the lender). It clearly spells out all the terms of the loan, including the amount of the debt, currency, term and procedure for its repayment, as well as the borrower’s responsibility in case of default.

When and why is it important to take a debt receipt from the borrower?

Issuance of a debt receipt is recommended in the following cases:

• The loan is provided for a significant amount.
• The loan is provided without a fixed repayment period.
• There is a risk of default on the part of the borrower.
• You want to have a clear legal document for debt collection if needed.

Here are some more reasons why it is important to have a debt receipt:

• It serves as a clear proof of the existence of debt. In the event of a dispute regarding the debt, the receipt will serve as legal proof that the borrower has indeed received the funds and is obligated to return them.
• It clearly defines the terms of the loan. The receipt should contain information about the amount of the debt, the term of its repayment, the interest rate (if any), as well as other important terms of the agreement. This helps to avoid misunderstandings and disputes in the future.
• It motivates the borrower to repay the debt. When a borrower knows that there is a written document that supports their debt, they are more likely to pay back on time.
• It can simplify the debt collection process. If the borrower does not return the debt, the presence of a receipt will greatly facilitate the process of its collection through the court.

What can be the consequences of an incorrectly completed receipt?

An incorrectly executed debt receipt can have serious consequences for the lender. For example, if it does not clearly state the amount of the debt or the term of its repayment, the court may refuse to recognize it as valid. This may result in the lender losing the ability to collect the debt from the borrower.

Contact our lawyer

Our attorney will listen to you carefully to understand all the nuances of your situation and your expectations regarding the loan. Based on this information, he will draw up a receipt that will:

Formulate all loan conditions clearly and comprehensibly.

• Include all the necessary details, such as the date of drawing up, place of drawing up, name of lender and borrower, amount of debt, repayment period, interest rate (if any), other important conditions.
• Meet the requirements of the current legislation of Ukraine.

Our lawyer will help you define and include in the receipt all important terms of the loan to avoid misunderstandings in the future. This may include:

• Conditions for early debt repayment.
• Loan extension conditions.
• Terms of accrual and payment of interest.
• Liability of the parties for non-fulfillment of obligations.
• Other terms that you consider important.

Ensure the legal validity of the receipt.

• Our attorney can help you ensure the legal validity of the receipt by signing it together with you and the borrower. He may also recommend notarizing the receipt if you want an extra layer of protection.

Advantages of contacting our lawyer

1. Individual approach. We understand that every situation is unique, so our attorney will create a receipt that will meet your needs.
2. Protection of your interests. Our lawyer will protect your interests at all stages of drawing up the receipt.
3. Legal literacy. We guarantee that the receipt drawn up by our lawyer will be legally competent and will have legal force.

Contact us now to protect yourself from financial losses!

Why should you contact us?

Our law firm “Prykhodko and Partners” works competently and efficiently. Our lawyers, who specialize in drafting debt agreements and receipts, will advise you in detail and help you avoid any problems. We:

• We have extensive experience in debt collection cases.
• We offer transparent prices for legal services.
• We guarantee confidentiality and an individual approach to each client.
• We always try to solve the problem peacefully, but we are ready to defend your rights in court.

Contact us and we will help you protect your interests and keep the money you lend.

If you want to consult or find out the price of developing a debt receipt – fill out the form below.

A foreign currency loan is a loan issued in a foreign currency (for example, in US dollars or euros). Until 2014, many Ukrainians took such loans, because they were offered by banks at attractive interest rates. For example, banks such as FUIB, Privatbank, Ukrgasbank, Raiffeisen Bank Aval, Alfa Bank and others issued a lot of foreign currency loans.

Such a loan can become a serious burden due to currency fluctuations. Fortunately, Ukrainian legislation offers a mechanism for restructuring foreign currency loans, which allows to improve repayment conditions and significantly reduce financial pressure.

Why it is important to use our support

According to the current legislation of Ukraine, it is possible not only to restructure debt obligations, but also to reduce them. In some cases, foreign currency loans can be canceled altogether if they were issued with significant violations. Our law firm “Prykhodko and Partners” helps to reduce this burden as much as possible and to return to a free life without problems due to constant calls from bank employees and other moments that arise due to the existence of a large debt.

Independent negotiations with the bank can lead to unfavorable restructuring conditions, which means overpayment. We have extensive experience in this area and know how to achieve a fair solution for you. Thanks to the knowledge of legislation and skillful negotiation, we can achieve a significant reduction in the amount of debt, fines and penalties. We will not only negotiate with the bank, but also check the legality of your foreign currency loan, as well as advise on the tax consequences of restructuring.

Contacting lawyers minimizes the risks of unfavorable restructuring conditions, unfair actions by the bank and additional financial losses. You will pay several times less for our services than we will help you save.

Verification of the legality of a foreign currency loan

This is an important step that can help you avoid problems with the bank and improve your chances of a successful restructuring or discharge of the loan.

Here are some of the reasons why you should check the legitimacy of your foreign currency loan:

1. Your loan may have been issued in violation of the law. For example, the bank may not provide you with full information about the terms of the loan, or may not be authorized to issue loans in foreign currency.
2. Your loan agreement may contain invalid clauses. For example, the contract may contain a provision that allows the bank to change the interest rate unilaterally.
3. Perhaps the bank violated its obligations under the loan. For example, the bank may not provide you with proper loan servicing, or may not fulfill its obligations regarding loan restructuring.

If you suspect that your foreign currency loan was issued in violation of the law, you should contact a lawyer. We will help you check the legality of your loan and, if necessary, challenge the bank’s actions in court.

Writing off a foreign currency loan is a difficult process, but it is possible if the bank has significantly violated the law.

Competent restructuring of a foreign currency loan with the help of a lawyer: the way to financial peace

Our lawyers, having experience and knowledge of legislation, know how to achieve the most beneficial restructuring for you.

Here are some key points why you should contact us:

1. Analysis of credit documentation. The lawyer will carefully study your loan agreement, identify possible violations by the bank and prepare arguments for successful negotiations.
2. Development of an individual plan. Depending on your situation, a lawyer will suggest the best option for restructuring. fixing the exchange rate, writing off part of the debt, extending the repayment term, changing the currency of the loan, etc.
3. Professional negotiations. The lawyer will negotiate with the bank on your behalf, protecting your interests and achieving favorable restructuring terms.
4. Process control. A lawyer will guide you through the entire restructuring process, from collecting documents to signing a new credit agreement.
5. Legal protection. In case of conflict situations with the bank, a lawyer will represent your interests in court.

The main advantages of restructuring the foreign currency loan

• Thanks to fixing the exchange rate or writing off part of the debt, you will pay much less.
• A lower monthly payment will ease your financial situation and allow you to plan your budget more confidently.
• Smart restructuring can help you avoid late payments, penalties and interest, and improve your credit history.

If you need a consultation or a price for restructuring a foreign currency loan – fill out the form below.

Opening your own pharmacy is the dream of many pharmacists and entrepreneurs. But for the legal functioning of a pharmacy establishment, it is necessary to obtain a license. The process of licensing pharmacies is quite complex and demanding because the state strictly controls the sphere of circulation of medicinal products.

Our law firm specializes in supporting the procedure for obtaining a license to open a pharmacy. We will help you to go through all the necessary stages as quickly as possible and without unnecessary obstacles.

Why precisely Prykhodko and partners

• Experience and expertise. Our lawyers have many years of experience in the field of pharmaceutical activity licensing. We know all the nuances and requirements of the current legislation.
• Complex approach. We will take care of all the preparation of the necessary package of documents, as well as accompany you at all stages of the process – from applying for obtaining a license.
• Operativeness. We understand that time is money for business. Therefore, we guarantee the fastest possible completion of all procedures.
• Legal guarantees. If any problems or obstacles arise, we will provide qualified legal assistance to solve them.

Consult a lawyer

The procedure for licensing pharmaceutical activity

Here is a brief description of the main stages of the procedure for obtaining a license to open a pharmacy:

1. Preparation of necessary documents:
   • Constituent documents (statutes, articles of association, etc.)
   • Qualification documents of employees (diplomas, certificates)
   • Documents for the premises (property/lease, act of sanitary and epidemiological service)
   • Description of the equipment of the pharmacy and its compliance with the requirements
   • Application for obtaining a license in the established form
   • Other mandatory documents according to the requirements of the law
2. Submission of a package of documents to the licensing authority (territorial bodies of the State Public Service)
3. Verification of the reliability of the provided information and compliance with the established requirements by the licensing commission
4. Deciding on the issuance of a license or a justified refusal
5. In the case of a positive decision – payment of the fee and receipt of a license form

Prykhodko and partners also helps in expansion, narrowing, re-registration, restoration of the license. In addition, we will help appeal the refusal of licensing and achieve a positive result.

By cooperating with us, you will receive a license for your pharmacy in the shortest possible time and without any risks. Entrust this process to professionals!

Contact us today and we will start working on licensing your pharmacy business. For a consultation, fill out the form below.

In today’s business world, subrogation agreements are becoming an increasingly popular tool. This legal mechanism allows companies and individuals to conveniently manage their assets, improve their financial condition and optimize their tax obligations.

What is a waiver of claim?

Assignment of the right of claim is a civil law contract under which one party transfers to another party its right to demand the performance of an obligation from a third party (debtor).

Assignor and assignee: who is it?

• The assignor is the party that transfers the right of claim. It can be both a natural person and a legal entity that has a debtor that owes it.
• The assignee is the party that receives the right of claim. It can also be both an individual and a legal entity, which becomes a new creditor of the debtor.

Simply put, the assignor “sells” to the assignee the debt owed to him.

Possibilities provided by the contract on the assignment of the right of claim:

1. Improvement of liquidity. Thanks to this contract, the assignor can quickly receive funds, instead of waiting for the debtor to fulfill the obligation.
2. Optimization of taxes. The assignor can use the agreement to optimize its tax obligations, for example, to transfer losses to the assignee.
3. Simplification of debt collection. The assignee may have more opportunities to collect the debt from the debtor than the assignor.
4. Investment opportunity. The assignee may view the purchase of the claim as an investment, expecting to receive a return on the repayment of the debt.

Why is it important to contact a lawyer to draw up an assignment agreement?

Drawing up a contract on the assignment of the right of claim is a complex legal process that requires knowledge and experience. Independent drafting of the contract can lead to mistakes, which will later have negative consequences for the parties.

Here are some reasons why it is important to consult a lawyer:

1. Protection of your interests. A lawyer will help you draw up a contract correctly so that it meets all the requirements of the law and protects your interests as much as possible.
2. Identification and minimization of risks. A lawyer will help you identify possible risks associated with the assignment of the right of claim and take measures to minimize them. This may include checking the debtor’s creditworthiness, analyzing existing collateral, and other actions.
3. Avoiding mistakes. A lawyer has the knowledge and experience necessary to properly draft a contract and avoid mistakes that could lead to disputes or litigation.
4. Saving time and effort. Drawing up an assignment agreement can be time-consuming and time-consuming. By contacting a lawyer, you can save time and effort that you can spend on other, more important matters.
5. Professional help. A lawyer can provide you with professional assistance at all stages of concluding a contract, from consultation to signing and registration.

It is important to remember that a lawyer is your advocate in legal matters. By contacting him, you can be sure that your contract on assignment of the right of claim will be drawn up competently and reliably.

How our lawyers work with agreements on the assignment of the right of claim

Analysis:

• You are contacting us with your request to draw up an agreement on the assignment of the right of claim.
• Our lawyers study your situation in detail, analyze the documents confirming the existence of the debt, and collect all the necessary information.
• We identify all possible risks and nuances associated with a specific case.

Advice:

• After the analysis, the lawyers provide you with comprehensive advice on all aspects of the assignment of the right of claim.
• We explain to you your rights and obligations, as well as the possible consequences of concluding a contract.
• You can ask any questions, and our lawyers will give you clear and understandable answers.

Contract development:

• On the basis of the received information and your wishes, the lawyers develop a draft agreement on the assignment of the right of claim.
• The contract will meet all legal requirements and protect the interests of both parties.
• We agree with you all the provisions of the contract, make the necessary amendments and revisions.

Signing the contract:

• After the draft contract is fully agreed upon, you and the other party sign it.
• We can help you arrange a meeting to sign the contract.

Accompaniment:

• If any questions or problems arise after signing the contract, our lawyers are ready to provide you with the necessary assistance and support.
• We can represent your interests in court if the need arises.

Important: We guarantee complete confidentiality of all information you provide us.

If you would like to order a consultation or would like to know the price of a contract on the assignment of the right of claim – fill out the form below.

Relationships in the field of lending, unfortunately, do not always go smoothly. Sometimes situations arise when it becomes unprofitable for the creditor or it is impossible to continue servicing the credit agreement. In this case, the question arises: how to transfer the debt to another person? The answer is simple – by ceding the right of claim.

What is assignment of the right of claim under a credit agreement?

This is a civil law mechanism that allows the creditor (assignor) to transfer all his rights and obligations under the credit agreement to another person (assignee). This means that the assignee becomes a new creditor, having the right to demand from the debtor the fulfillment of obligations under the contract.

In what cases is it relevant?

Assignment of the right of claim under a credit agreement can be relevant in many situations, both for creditors and for potential assignees (persons who receive the right to demand the fulfillment of the debtor’s obligations). Here are some of the more common cases:

For creditors:

1. Sale of problem debt. This can be beneficial for banks, collection companies, investment funds and even individuals who want to dispose of distressed assets, improve their financial statements or gain quick access to cash.
2. Debt restructuring. A partial debt discharge can help spread the debt burden among several creditors, which can be beneficial for a debtor who is experiencing financial difficulties.
3. Change of owner. In the event of a merger or acquisition of legal entities, rights and obligations under credit agreements may be transferred to the new owner by assignment.

For assignees:

1. Investments. A distressed debt assignment can be a profitable investment if the purchase price is significantly lower than the face value of the debt. The assignee can make a significant profit if he succeeds in collecting the debt from the debtor.
2. Improvement of liquidity. The assignee can purchase the debt for the purpose of its further sale to other investors or collection companies.
3. Strategic goals. Subrogation can be used to gain control over the debtor’s assets, such as company shares or real estate.

It is important to note that the assignment of the right of claim is not always a simple process.

There are certain legal nuances that must be taken into account to avoid problems in the future. Therefore, it is recommended to seek qualified legal assistance from lawyers who specialize in credit law. Experts of the company “Prykhodko and partners” will help you do everything correctly and quickly.

Peculiarities of the procedure for assigning the right of claim under a credit agreement

• Form of the contract: written with mandatory notarization.
• Debtor’s consent: not required, except for cases provided by contract or law.
• Notification of the debtor: the assignor is obliged to notify the debtor of the fact of assignment of the right of claim.
• Transfer of rights and obligations: from the moment of conclusion of the contract of assignment of the right of claim.

Assistance of a lawyer in case of ceding the right of claim under a credit agreement

The legal company “Prykhodko and Partners” offers comprehensive support at all stages of assigning the right of claim under the credit agreement.

Our experts will help you:

Assess the situation:

• Analyze the credit agreement and determine the possibility of its withdrawal.
• Help determine the market value of debt.
• Assess possible risks and legal nuances.

Prepare documents:

• Develop a draft contract of assignment of the right of claim, taking into account your interests.
• Collect the necessary documents, including: a credit agreement, a debt repayment schedule, documents confirming the fulfillment of obligations by the debtor, acts of acceptance and transfer of property (if it is the subject of a pledge).

Ensure legal security:

• Check the legal purity of credit documentation.
• Provide a notarized certificate of the contract of assignment of the right of claim.
• Notify the debtor of the fact of the assignment of the right of claim.
• To control the fulfillment of obligations by the debtor to the new creditor.

Represent your interests:

• Protect your rights and interests in case of disputes with the debtor or other parties.
• Represent your interests in court, if necessary.

Ensure confidentiality:

• To guarantee the confidentiality of all information received from you.

Advantages of cooperation with our company

• Experienced lawyers specializing in credit law.
• An individual approach to each client.
• Confidentiality and reliability.
• Affordable prices.

If you need advice or want to know the price of the assignment of the right of claim under the credit agreement, fill out the form below.

The armed aggression of the Russian Federation against our country continues, however, even in such a difficult situation, the economy of Ukraine must work. That is why the question of renting land that is in state or communal ownership is an urgent issue. If you plan to rent the land for a certain period, the specialists of our legal office Prykhodko and Partners will help you with this.

Legislative framework of the issue

Leasing of land is provided for by the Land Code of Ukraine (we are talking about Article 124). The following is stated in the Land Code: plots in communal or private ownership are leased based on the decisions of the relevant local self-government body or executive authority (Article 122 of the Land Code).

If land auctions are held for the lease of land that is in state or communal ownership, a person can submit a corresponding application and support it with a package of documents (Article 137 of the Land Code).

With the introduction of martial law in Ukraine, the Law of Ukraine enters into force, which specifies changes to some legislative acts (subparagraph 7, paragraph 27 of the Transitional Provisions of the Land Code of Ukraine). According to the changes made, from April 2022, land auctions related to the transfer of lease rights to plots of land that are owned by the state or owned by communal institutions and additionally have an agricultural purpose have been canceled. Currently, land auctions for agricultural land are conducted only in the Prozorro electronic system. As for the transfer of land by direct agreement, it was cancelled.

Let’s consider the issue of the amount of rent in more detail. The rent is specified in the lease agreement, however, the amount of payment per year cannot be less than the amount of land tax.

Peculiarities of drawing up contracts during martial law

All contracts related to the lease of state and communal property are drawn up exclusively in electronic form. Such contracts are not automatically renewed. This means that the tenants will not have a preferential right to conclude a similar contract for a new term or to purchase the land plot in case of its sale. This also applies to land that is subleased or repurposed.

After martial law is terminated or abolished, all concluded/renewed contracts, in accordance with the law, will continue to be valid until the time of their conclusion expires.

Please note: there are currently 2 prohibitions on communally and state-owned lands. First, a ban on the free transfer of land was introduced. This means that land that belongs to the state or is in communal ownership cannot be transferred to private ownership.

Secondly, land auctions are prohibited. This applies to land transactions that are related to lease rights, the surface of communal or state-owned agricultural land plots. Bids that have been announced but not completed by April 2022 are considered cancelled.

Thus, martial law is accompanied by a ban on the free transfer of communal and state-owned land into private ownership.

Do you still have questions? We are waiting for a preliminary consultation! To calculate the cost of the services of land lease lawyers, fill out the form below.

Trademark registration in foreign countries is a key stage for successful business on the international market. Correctly performed registration ensures the protection of your brand, will increase its recognition among consumers and provide competitive advantages.

Why register a trademark in a foreign country?

Registering a trademark in a foreign country has several key advantages that can significantly increase the success of your business in the international market:

1. Registering a trademark in a foreign country gives you legal protection and legal support in case of infringement of your rights or copying of your brand by competitors. This allows you to avoid uncontrolled use of your brand and protect you from illegal actions by third parties.
2. Registering a trademark abroad opens up new opportunities for the development of your business. You will be able to legally work and advertise your products or services in foreign countries, attracting more customers and expanding your audience.
3. Trademark registration in foreign countries increases the level of consumer confidence in your brand. Customers know that your company has official confirmation of the rights to use the brand, which contributes to increased loyalty and recognition among consumers.

In general, registering a trademark in a foreign country is an important step to protect your brand, expand your business and increase its competitiveness in the international market.

What is the Madrid Agreement on the International Registration of Marks, its advantages

In order to facilitate and optimize the procedure for registering a trademark in several countries and to reduce costs of time and money, the international community has developed and implemented procedures for the international registration of marks for goods and services, which is regulated by the Madrid Agreement. This approach allows registering a mark for a product or service simultaneously in several countries participating in the Madrid Agreement. In general, the Madrid system includes 115 countries.

The advantages of the Madrid Agreement on the International Registration of Marks can be considered from the following points of view:

1. One-time submission of an application. A company can apply for registration of its trademark once and register it in different countries, which greatly saves time and effort.
2. Cost reduction. Instead of separate registration in each country, according to the Madrid Agreement, payment for services must be made only once for submitting an application, which reduces financial costs.
3. Centralized management. The Madrid system enables all necessary changes and administration to be carried out through one centralized agency, simplifying the process.
4. Flexibility and efficiency. The mark can easily be added to an existing registration in the Madrid system.

The main difficulties in registering a trademark abroad without an escort

1. Legal differences. Each country has its own characteristics and requirements for trademark registration, which can complicate the process.
2. Language barriers. The need to translate documents and communicate with foreign authorities can be a challenge for many entrepreneurs.
3. Terms and procedures. Correct selection of application deadlines and appropriate procedures is key to successful registration.

Help from our experts: reliable and simple trademark registration

Our law firm has extensive experience and competence in the field of international trademark registration. We offer:

1. Our experts will provide you with professional advice and help you prepare all the necessary documents.
2. We will take all necessary steps to apply for registration of your trademark.
3. We will support you throughout the process of registering and protecting your trademark in foreign countries.
4. Our lawyers have extensive experience in trademark registration in different countries, so we know all the subtleties and nuances of the procedures, which allows you to avoid rejections and increase the probability of successful registration.
5. We will help you develop the optimal strategy for registering a trademark in foreign countries, taking into account your needs, budget and risks.
6. Our lawyers can act as your representative before authorities in foreign countries, which will simplify communication and provide you with professional support at all stages of registration.
7. We also provide services to update and support your trademark registration, including amending registration documents, resolving disputes and negotiating with third parties.

Do not leave your business unprotected in the international market. Contact our experts and ensure reliable protection for your brand in foreign countries.

Do you need advice or the cost of registering a trademark in foreign countries? Fill out the form below.

One of the ways of obtaining profit from the implementation of entrepreneurial activity for an individual is the receipt of dividends.

The latter, according to the current law, is a certain part of the company’s profit, which is paid to participants/shareholders in an agreed way of dividing shares in proportion to the profit or share in the authorized capital of each of the participants/shareholders.

The specified method of paying dividends and their amount is determined in the relevant founding documents of the company.

Simply put, dividends are monetary rewards to individuals for their contribution to the share capital and, obviously, the activities of the company itself.

For those individuals who, in the course of carrying out their own activities, decided to invest in the shares of a specific company, it is important to understand the process of receiving dividends and their taxation.

Taxation of participants’ dividends for various forms of business (LLC/JSC)

It should be understood that dividends as part of the company’s net profit are subject to taxation in Ukraine at the tax rates applied in accordance with the calculation of the corporate tax rate and the military levy.

Currently, the situation with taxation of dividends for LLC/TDV participants is as follows:

• 9% is paid in the general manner if the company is registered as a single taxpayer;
• 5% is paid in the general manner if the company is registered as a corporate income taxpayer;
• 1.5% is paid in general order in the role of military collection.

The taxation system for PrJSC/PJSC has a similar structure, but is slightly more complicated and in some sense more burdensome for shareholders:

• rates of 5% and 9%respectively, are calculated according to the same rules as when registering an LLC/TDV, at the same time, it is worth noting that they can be applied comprehensively for each separate type of dividend: for shares and corporate rights (5%), accrued by the company, as well as for shares and corporate rights accrued by joint investment institutions (9%);
• rate of 18% applies in all other cases not covered by the cases described above;
• 1.5% of the military levy here is also used in a mandatory manner.

The lawyers of JSC “Prikhodko and Partners” would also like to draw your attention to the peculiarities of taxation of dividends of individuals in the case of their residency in another country.

In this case, it is necessary to be guided by the provisions of the relevant international legal treaties on the avoidance of double taxation in order to choose the tax rate for dividends that will be considered the worldwide income of a person in another country.

Therefore, it is possible to pay tax at the tax rate of the country of residence or to be partially exempt from paying tax, depending on the situation of each specific client.

The process of receiving dividends by individuals from the company

As a general rule, the process of receiving dividends by individuals must be documented by recording in the company’s founding documents, as well as by issuing a decision of the company’s executive body for the dividend payment period. Such management documentation must be approved by the signature of the company’s director.

Lawyers of JSC “Prikhodko and Partners” can also offer their services for the preparation of appropriate documentation for the payment of dividends to individuals, the provision of necessary legal advice for each individual request of an interested client.

Conclusions.

So, receiving dividends is one of the ways of receiving income for individuals and has its own peculiarities regarding the taxation system and documentation.

Qualified lawyers of JSC “Prikhodko and Partners” will be able to help clients (both company owners and its participants) with the complexity of the specified procedure.

A corporate agreement between members of a limited liability company (LLC) is a key tool for regulating internal relations between shareholders, ensuring stability and effective management of the company.

The importance of such an agreement cannot be underestimated, because it helps to ensure business transparency and protect the interests of each participant.

Why do you need a corporate agreement?

• Determination of rights and obligations of participants

The corporate agreement details the rights and obligations of each of the participants, in particular, regarding the management of the LLC, the distribution of profits and the coverage of losses.

• Regulation of particle transmission

The agreement may contain provisions on restrictions on the sale of shares, pre-emptive rights for other participants, as well as conditions for exiting the company.

• Settlement of conflict situations

Clear agreements at the beginning of doing business help to avoid possible conflicts between participants or to minimize their negative impact on the company’s activities.

• Ensuring management stability

A corporate agreement allows for the coordination of decision-making mechanisms in conditions where participants have different interests.

Advantages of a corporate contract

• Protection of minority investors

The agreement may include measures to protect the rights of minority participants, which is important for attracting and retaining investors.

• Effective dispute resolution

Establishing arbitration or mediation procedures to resolve internal disputes helps save company resources and time.

• Management flexibility

Members can set specific management rules that best suit business needs.

• Privacy

Since the corporate agreement is not a public document, it can contain confidential information without disclosing it to third parties.

Conditions for the creation of a corporate agreement between the participants of the LLC

Creating a corporate agreement requires compliance with certain legal and procedural steps that ensure its effectiveness and compliance with current legislation.

• Legal competence. All participants who sign the contract must have legal capacity and legal capacity. This means that each participant must be of legal age and have no legal restrictions to participate in economic activity.
• Voluntary agreement. The corporate agreement must be signed without any coercion or deception. It is important that all participants have a clear understanding of the terms of the contract and their consequences.
• Compilation of the document. The contract must be drawn up in writing and notarized. This is not only a formality, but also a necessity for the possibility of legal protection of the rights and interests of the parties. The text of the contract should be drafted by a legal specialist.
• Content of the contract. The document should clearly define the rights and obligations of the parties, the procedure for managing the company, procedures for the distribution of profits and coverage of losses, and conditions for the transfer of shares and exit from the company.
• Registration of the contract. Although a corporate agreement does not always require registration with the relevant government authorities, it is important to check the current legislation regarding the need to submit copies of the document to the relevant registers for it to become legally binding, or to notarize such an agreement.
• Compliance with legislation. All provisions of the contract must comply with current legislation. In Ukraine, the contract cannot contain conditions that directly contradict the requirements of the Civil Code and the Law of Ukraine “On Business Societies”.

In conclusion, the corporate agreement between the members of the LLC is an important tool for ensuring the stability, transparency, and efficiency of the company’s management.

It not only regulates internal relations but also creates a reliable foundation for business development and the protection of the rights of all participants.

Contacting the law firm “Prikhodko and Partners” for the development of a corporate agreement is a guarantee of receiving high-class legal assistance.

Thanks to many years of experience in corporate law and an individual approach to each client, “Prikhodko and Partners” will ensure that your contract will meet all legal requirements and protect the interests of all parties.