The agribusiness workload of Law Offices of OMP stands out for its solid scope and depth, ensuring its premier position on the agrarian sector. The firm enjoys a remarkable client portfolio, here are just a few: Mriya Agro Holding, LNZ Group, Agroregion, Inagro, Ukragro NPK, Dedov, Myronivsky Hliboproduct (MHP), Kernel, Harvest Holding, APK, Selhosproduct Group, Glencore. The team, guided by recognized partner Mykola Orlov, possess broad experience in complex matters, which include corporate and M&A, finance, debt restructuring, competition, etc. In 2014 the finance team acted for Mriya Agro Holding on obtaining USD 65 million worth of funding from IFC. The firm is traditionally enlisted for sectoral M&A. In particular, the team provided support in relation to acquisition of an agricultural company in Zhytomyr Region; rendered legal support for Glencore International AG due to alienation of the Odessa oil extraction plant. Corporate and M&A partner Yaroslav Sverdlichenko run the mentioned projects.
With the long presence of its solid legal team on the Ukrainian market, Dentons is active in various transactions in the agricultural sector. The office performs corporate law advice, sectoral M&A, merger control work, tax, land, employment, finance assignments, etc. Among its clients are major international agricultural players, such as CHS, Noble Group, Agrogeneration and Bonduelle. In 2014 the firm joined the All-Ukrainian public organization Ukrainian Agrarian Confederation. Ihor Mehedynyuk is a lead partner.
Asters retains a stable presence on the agrarian sector. In particular, the team regularly advises local market players on capital markets transactions and traditionally delivers a wider range offering by its vast corporate practice. The firm acts for international financial institutions that give loans to agrarian enterprises. The landmark representations of 2014 are advising IFC on USD 250 million financing to Myronivsky Hliboproduct, and on a USD 65 million financing to Mriya Agro Holding. The firm represented its constant client, Ukrainian subsidiary of ED&F Man Holdings, in tax disputes involving over USD 20 million. Both partners Oleksiy Didkovskiy and Armen Khachaturyan are very notable figures on the Ukrainian legal market and lead the practice.
Agrarian clients constitute a significant share of the client portfolio of AstapovLawyers international law group. Among the clientele are Cargill, Lauffer Group, Nutritek International. The team advises cheese producer Bel Shostka Ukraine on distribution matters and unfair competition. The team led by Oleh Malskyy, partner and head of corporate and M&A, regularly handles instructions of sound market players. In his turn Eugene Blinov, partner, head of the international arbitration department, represents clients at FOSFA and GAFTA arbitrations, in arbitrations at the ICAC at UCCI, and represents clients in court proceedings regarding recognition and enforcement of awards. Some recent representations included case of Bunge S.A. in arbitration at the ICAC of UCCI and representation of insurance company Euler Hermes in a dispute on recognition and enforcement of an arbitration award issued by FOSFA in Ukraine.
Moris Group is known for its consistent representation of major agriholdings in Ukraine. The banking and finance practice plays a significant role within its agribusiness services portfolio. The team provided full scope legal advice due to implementation of various investment projects to AvangardCo IPL, the leader in the egg and egg-processing industry in Ukraine and Eurasia. The team also recently advised AvangardCo IPL and UkrLandFarming PLC, on a number of lending transactions in connection with backed export financing provided by foreign financial institutions. The group’s lawyers release clients from a whole range of administrative and corporate disputes. Partners Andriy Romanchuk and Maryan Martynyuk are active across sectoral work.
The Kiev office of Gide Loyrette Nouel, known for being enlistedby agrarian clients of French origin through their activities in Ukraine, diversified its client portfolio. In early 2014 the office strengthened its team with nine lawyers including two partners, Dr. Julian Ries and Dr. Oleksiy Feliv, from Beiten Burkhard, and strongly reinforced the firm’s positions among German-speaking clients. The recent practice of the 9-strong team included an extensive corporate workload, namely M&A, corporate restructurings, establishment of joint ventures and debt restructuring, as well as commercial arrangements. Among the recent highlights are advising Brizuims, a major French agricultural company, on acquisition of several crops farming companies in Ukraine; advising SBE Sustainable Energy Holding, a German agricultural investor, on the sale of its Ukrainian business to a Ukrainian farming and trading company. The funding of agrarian enterprises included a number of important for the industry deals. For example, the firm advised European Investment Bank on a EUR 50 million secured loan to Astarta Kyiv; and represented LBBW in a EUR 44.1 million financing extended by LBBW, AKA Banks to Creative Group for the development of its meat-producing business. Partner Bertrand Barrier, who specializes in cross-border transactions, with expertise in M&A and industrial investment, is known as a primary figure at the firm.
The multi-disciplinary practice of Arzinger includes projects of its corporate and M&A, banking and finance, international trade and real estate practices. For instance, the team advised an agriproducer and trader on sanctions regarding export of goods produced in Crimea. The team, as led by Maksym Cherkasenko and Anna Zorya, advised a multinational agri-trader as to management of its infrastructural assets located in Crimea. It also acted for Platform Specialty Products Corporation in its acquisition of the agro-chemical division at the Chemtura Corporation.
Avellum Partners focuses on M&A transactions, cross-border financing agricultural enterprises, and rapidly grow caseload of arbitrations and litigations. The 12-lawyer team, as headed by managing partner Mykola Stetsenko and partner Glib Bondar, usually secure operations of international financial institutions in respect of access of pre-export and export finance to agrarian market players. The team recently advised ING Bank N.V. in connection with a USD 100 million sunflower oil pre-export loan facility to MHP. The dispute team handled representation of a member of a vertically-integrated agricultural holding in a dispute arising out of a sale and purchase contract concluded with a Dutch company.
The Kiev office of Baker & McKenzie advises sound international and domestic names across diverse range of transactional matters. Among others, the firm is used to handle complex investment projects and to support sectoral acquisitions, competition instructions, tax advice, representation in disputes. The firm recently advised Agroton in connection with solicitation of consents of holders of its USD 50 million guaranteed notes due 2019 listed on the main market of the LSE. Three partners lead projects of agricultural clients: Viacheslav Yakymchuk (corporate, M&A, private equity and equity capital markets), Oksana Simonova (competition) and Lina Nemchenko (real estate and construction).
In 2014 Sayenko Kharenko reported reasonably robust activity of the firm’s sector clients. The team acted for international financial institutions on several financings to Ukrainian agrarian companies, advised foreign clients on Ukrainian competition law matters relating to transactions in the sector. In particular, financial deals handled by Nazar Chernyavsky’s team include advising the EBRD on a EUR 35 million loan to Danosha, a major Ukrainian farming company; represented the Nordic Environment Finance Corporation on a range of financings to Ukrainian agribusinesses. The firm also advised a Dutch investor, Nutreco International, on the establishment of a joint venture with Dutch Feed, a Ukrainian animal feed producer. The international arbitration practice led by counsel Olena Perepelynska has been involved in a number of multiparty, multi-contract disputes under various arbitration rules. It is noteworthy that the team also advised agricultural corporates on the prospects for investment arbitration related to certain actions of the Ukrainian authorities as well as with regard to their business interruption caused in the Crimean peninsula.
Volkov & Partners advised USAID and major agriculture associations regarding developing the concept of reform of State agricultural inspection of Ukraine and GMO regulation. Andrii Zablotskyi1, senior associate, provided a wide range of advice to Ukrainian Grain Association (UGA) on Ukraine’s WTO obligations in agriculture in connection with signing of the DCFTA with the EU, changes in transfer pricing policy, sanitary and phytosanitary measures on exports of grain to China, developing deregulation policy on the grain market. His team advised one of the largest oil and fat stevedors, AGRO Klass Ltd, as to agriculture market regulations and competition law.
The Kiev office of CMS Cameron McKenna LLC is a regular legal counsel among multinational agrarian corporations and international financial institutions. In particular, the firm renders support in finance, corporate, antitrust, commercial and compliance matters. The Ukrainian team is known for its wealth experience in supporting infrastructure development projects. The firm was involved in flagship agricultural commodity financing in CEE/CIS in 2014, and advised ING Bank N.V. and UniCredit Bank AG on a sunflower oil based pre-export financing of up to USD 400 million for the Kernel Group. Daniel Bilak, managing partner, heads real estate and construction, banking and finance practice teams.
Within the newly-established AEQUO (by five partners from Vasil Kisil & Partners in August 2014), agribusiness practice is co-headed by Denis Lysenko, managing partner, who has lengthy experience of representing foreign and local investors on cross-border transactions, and Yulia Kyrpa, partner, who focuses on M&A in the agrisector and fund raising instruments. The recent portfolio includes acquisition finance, tax advisory, criminal matters regarding trademark infringements/counterfeits, patent disputes, GAFTA arbitration. Among the clients of the new firm are NCH Capital, Ramburs, Pioneer Hi-Bred International, Inc., E.I. du Pont de Nemours and Company.
Egorov Puginsky Afanasiev & Partners Ukraine is widely represented in the sector, assisting the largest agricultural companies with all legal matters related to their business, including finance, capital markets, corporate and M&A, arbitration and litigation projects. In 2014 the team, led by partner Oksana Ilchenko and counsel Oleg Boichuk, advised a leading diversified agricultural company in relation to all Ukrainian law aspects of the potential acquisition of a Top-20 local agricultural business; Intersystems Holdings in connection with obtaining merger clearance for the acquisition of Intersystems by AGCO. Notably, the IP team also advised Viterra on the registration of a series of trademarks.
AGA Partners is primarily focused on handling international arbitration and commodities trade transactions for major agrarian players. The extensive client list, among others, includes NCH Advisors Inc., Group of companies Zerno.UA, Ramburs Group, Scanwel S.A., Trade House Ukrainian Food Grain AG, Veles Trade Limited, Transcargo Services Limited, Trigon Agri, Intertek Ukraine, Agrotrade Group. With its established international arbitration practice, the firm is very busy with GAFTA and FOSFA cases. Aminat Suleymanova, Ivan Kasynyuk and Irina Moroz are assembled in the legal team.
In 2014 ILF (Inyurpolis Law Firm) followed clients’ requests for land lease, extension of land banks, assets acquisitions, certification of agricultural production in connection with entering the European markets, importation of goods for agrarian producers. The firm has been enlisted by importers of agrochemistry, namely BASF and Agra Group a.s. to provide import-related advice, as well as state registration, circulation and utilization in Ukraine. Recently ILF supported application of alternative payments between agricultural producers and suppliers of goods with bills and banking guarantees, and a new instrument for Ukraine — agrarian receipts. Among others, the clients of the firm are Cereal Ukraine, Agroliga Group, Rol Pol Company — Capital Group Norblin, Cargill, Uspekh. The projects are led by Artem Naumov and Mark Opanasiuk under the guidance of partner Serhiy Silchenko. The agribusiness projects are overseen by managing partner Tetyana Gavrysh.
In 2014 DLA Piper advised leading Swedish and Danish investment funds investing in emerging markets on the implementation of their joint investment project with a soft commodities operator in the CIS. The project involved agricultural production on irrigated lands located in Southern Ukraine. The team of Natalia Kochergina, partner and head of real estate, handled the project, including giving advice on agricultural lands and irrigation issues in Ukraine. The team also advises on joint ventures, M&A and restructurings of agricultural companies, as well as conducts legal due diligences of agricultural projects. Dmytro Pikalov, senior associate, makes a key contribution.
International Legal Center EUCON retains the position of a prominent tax counsel for agrarian clients. Due to accurate diversity of assignments between team members long-standing and new clients as Agrofirma Shargorod LLC, Zhoravske Agricultural LLC, Mikogen Ukraine LLC, Agrofirma Rubanskiy LLC entrust them with all kinds of tax cases. Notably, the team supported Mikogen Ukraine LLC in tax disputes on confirming the status of a payer of the fixed agricultural tax. Moreover, the firm reinforced its offering with transfer pricing and corporate advisory. Another illustrative highlight is outbound work with Poland, where the Warsaw office was reinforced with the admission of new partner Ihor Yatsenko as its head. Yevgen Petrenko and Volodymyr Bevza watch over clients’ interests in judicial sittings. Anatoliy Miroshnychenko, firm’s scientific counsel, extensively advises on land issues. The managing partner Yaroslav Romachuk, a vivid tax practitioner, oversees the workflow in the firm.
Gramatskiy & Partners practice diverse services for sectoral clients. The team advised Finrostorg Ltd and Investtradeservice on complex import of agricultural items; supported Agrochemical Technologies Company with trade of fertilizers and crop protecting agents. In 2014 the team often supported producers of commodities, processing companies, traders and advised them with purchases of agro equipment. Another highlight is a mobilization of export finance for access Ukrainian agrarian producers into the European and Middle East markets. Andriy Trembich and Bogdan Chaban are the key team members.
Gvozdiy & Oberkovych provides continuous legal support to companies operating or investing in the sector. Among such investors are a Czech agricultural company, Bauer Technics,that was advised on the real estate and agricultural infrastructure development transactions; Vitagro in USD 2.4 million debt negotiations with a Ukrainian commercial bank; Agropak LLC on debt restructuring and finance. The firm’s key practitioners are Maksym Lebedev, Iryna Kalnytska and Valerii Savva working under the guidance of partners Valentyn Gvozdiy and Sergiy Oberkovych.
The team of WTS Tax Legal Consulting LLC (called KM Partners till 21 August 2014) was busy with handling multiple advice in the sector mainly consigned by prominent foreign clients. The recent workload of the team, as headed by partners Alexander Minin and Maxim Oleksiyuk, a wide range of contractual and commercial issues, regulatory, transportation, etc. Certainly, tax matters are the firm’s strong point. Thus, the firm supported large grain traders in a range of court disputes with tax bodies.
ARBITRADE, reputable arbitration boutique, is involved in FOSFA and GAFTA arbitrations, and commodities trade work. The firm provided full transactional support to EFKO for the purchase of Brazilian soybeans to a sum exceeding USD 18 million. Edible Oil Trading LLP, Exoil Trading S.A. and Skaneja are among the clients. Yuliya Chernykh, partner, is a key contact.
ANK Law Firm, based inOdessa, is concentrated on port infrastructure development. The firm provided legal support to KERNEL on construction of the grain port complex at the Illychevsk Sea Port; supported Brooklyn-Kyiv LLC with the investment project on construction of the grain handling complex in Odessa Sea Port; and Olimpex Coupe International LLC with reconstructing the port grain terminal at the quarantine mole of Odessa Sea Port. Projects are overseen by managing partner Alexander Kifak.
With its strong litigation capacities Lavrynovych & Partners supported Vaederstad LLC in the tax dispute. Other notable representation was conducted on behalf of Silski Tradytsiyi Ltd. in a dispute with Poltava Public Prosecutor’s office on recovery of damages injured by unauthorized application of water resources in the absence of a special permit on application of subsoil. Andriy Moroz and Stanislav Skrypnyck manage the projects.
Jurimex Law Firm offers consistent expertise for agrarian clients. The team, led by partner Oleksandr Shyshkanov, continues advising its regular client Bontrup Ukraine, on economic contracts on export of agricultural production, consolidation of land bank, including land lease, construction of a dairy farm. Agro Dom LLC and Ponory LLC authorized the team with land lease and real estate instructions.
Konnov & Sozanovsky has for many years provided broad legal advice to clients from the agrarian sector. Highlights of late included support of a large international producer for agriculture, on agricultural land issues. Olena Kochergina, partner, and Leonid Gorshenin, associate, are the main contacts of the department of real estate, construction and land.
Alexandrov & Partners is focused rendering a wide scope of land law advice, including soils with agriculture purpose. Last year the firm acted for an agricultural trading enterprise in a tax dispute. Dmytro Alexandrov is a main point of contact.
EY Ukraine carries out international legal and tax structuring work for large Ukrainian agricultural business groups. Albert Sych, partner, law leader in Ukraine, is a key contact.
The Odessa-based Interlegal possesses expertise in transportation and logistics matters intersecting with international trade. In 2014 the firm represented the interests of claimants, sellers under SP grain contracts, in GAFTA arbitration. Dmitriy Zagorodnyuk was engaged.
Law Firm Dynasty, the prominent legal counsel in the Dnepropetrovsk region, covers up legal issues arisen before clients. The practice team actively assist clients in administrative land and tax disputes, protect property assets from illegal actions on debt collection and provide support in bankruptcy proceedings. Snejana Karagodina, Viacheslav Kohlyakov and Anna Poddubnaya lead the project work.
Ilyashev & Partners advised it on purchase of a company which owns a grain elevator and represented Nadra Bank during insolvency procedure of Kakhovka Prom-Agro. Integrites has a remarkable portfolio of ECAs clients and frequently acts on finance deals in the sector.
Andriy Kostiuk, partner of the Lviv-based Pavlenko & Partners and Yuriy Chumak, LEXFOR Legal Services, were named in the poll by peers for their corporate and M&A work in the sector.
1In February 2015 Andrii Zablotskyi joined Sayenko Kharenko.
National Law Academy of Ukraine named after Yaroslav Mudry (1999)
Dmytro Alexandrov is a practicing lawyer with more than 17 years of experience in agricultural law, land law, real estate, construction, and intellectual property. Dmytro ensures the successful structuring and implementation of complex transactions and projects, acts as a mediator in disputes, and solves problems that others consider hopeless.
The high efficiency of Dmytro's work is recognized not only by customers, but also by the legal community. Thus, Mr. Alexandrov:
— has been recommended by Best Lawyers International as one of the best in Construction and Land Law (for two years: in 2014 and 2015);
— has been listed in the top 100 best lawyers of Ukraine based on the results of the Client's Choice. Top-100 Best Lawyers of Ukraine survey (2015).
Among the projects, supported by Mr. Alexandrov, we should note the following outcome:
— Client's interest has been defended in the court, and the Supreme Court of Ukraine has issued the Resolution on the collection of budgetary funds, namely, the VAT refund in the amount of UAH 20,230,546.00 in satisfaction of the client's claims.
— Consulted on investment issues and provided legal support of the housing estate construction in Kiev-Svyatoshynskyi District, Kiev Region. The area of commercial and residential development is over 70,000 sq. meters on land plots with a total area of 8 ha. Total sum of investments exceeded 1 billion UAH.
Agricultural Law, Real Estate, Land, Construction, M&A, Investment, Mediation, Intellectual Property
Ukrainian, Russian, English
Kyiv National Taras Shevchenko University, Faculty of Law
Anna Zorya, Partner, Head of Corporate/M&A practice and Agriculture, Telecommunications and Media industries at Arzinger, specializes in representing corporate clients and financial institutions in M&A, cross-border structured finance transactions and other transactions in capital markets and debt financing.
Prior to joining Arzinger, Anna was a partner at a Ukrainian law firm, where she headed the Corporate and M&A practice. She also worked in corporate practice and later in the tax practice of one of the leading law firms in the CIS. Her experience in corporate and tax law allows Anna to have a deep insight into client needs and enables her to find optimal solutions for the tasks set by clients.
She possesses many years of experience in the area of mergers and acquisitions in various sectors of business as well as in banking and finance transactions and real estate. Anna represented a number of major international corporations and companies operating in the CIS. Anna also represented an international investor in the acquisition of a 50% share in a 150 million dollar construction and management project of the five-star Hilton hotel in Kiev. She also actively participated in the acquisition of Globus in Kiev and several other real estate projects, such as the acquisition of the Dutch company Gooioord, which owns 12 properties in the historical center of Kiev.
Corporate Law / M&A
Agriculture, Telecommunications and Media
Ukrainian, Russian, English