Ukraine: Ukraine Roundup


The new Ukrainian government controlled by President Volodymyr Zelenskyy's Servant of the People party settled into office early September and laid out an ambitious plan for legislative and economic reform. With a one-party parliamentary majority in place for the first time in Ukrainian history, expectations are high that a series of groundbreaking legislative developments will be possible in the coming months. Below are some of the key developments.

Launch of an agricultural land market

President Zelenskyy instructed the Cabinet of Ministers to submit a draft law to parliament on the creation of a farmland market by 1 October. The Ukrainian parliament is set to lift the longstanding moratorium on agricultural land sales by 1 December 2019, with the sale of land expected to begin by New Year 2020. Ukraine's moratorium on farmland sales dates back to the early 2000’s. It is a highly sensitive issue due to the significant economic and social importance of agriculture within Ukrainian society. Opponents fear that land sales will allow oligarchic groups and international corporations to consolidate ownership of the country's agricultural wealth at the expense of smallholders and private farmers. Nevertheless, President Zelenskyy's commanding one-party parliamentary majority means that he will likely be able to launch the land market as planned.

Big privatization push

The Ukrainian parliament has received instructions to lift legislative restrictions on the privatization of certain state enterprises and objects by 1 October as part of efforts to prepare the ground for a major privatization push in the months ahead. Prior to 1 December, privatization preparations are to get underway at most major state-owned enterprises earmarked for sale, including the recruitment of independent investment advisers. The first public auction will take place no later than 1 April 2020.

Investment promotion initiatives

The Ukrainian parliament is set to pass a concession law by 1 October, followed by a law stimulating investments and strengthening existing protection of foreign investment by New Year 2020. A separate group of MPs will continue efforts towards greater currency liberalization and look at measures to reduce interest rates in order to revitalize the loan sector for businesses.

Domestic energy production

The Ministry of Energy will prepare to issue new permits for oil and gas production in the country by New Year 2020 as part of efforts to boost domestic production and reduce dependence on Russian energy imports.

Casinos set to return

Ukrainian MPs will prepare the necessary legislation by 1 October in order to return the gaming industry to Ukraine. Casinos will likely be able to operate in certain allocated zones such as five-star hotels and designated resorts. The gaming industry thrived in post-Soviet Ukraine prior to a ban in 2009 following public campaigns over the social damage it was causing along with a number of high-profile tragedies in gambling institutions due to poor public safety provisions.

Disputes angle

Judicial reform ex novo: The Ukrainian parliament and President Zelensky have announced a hard reboot of the Ukrainian court system. In that vein, the Ukrainian parliament has adopted in the first reading a draft law improving the current system for appointment of judges. In particular, the draft law proposes a new procedure for the formation of the High Qualification Commission of Judges to be composed of 12 members appointed by the High Justice Council on a competitive basis. The draft law also provides for establishment of a new body, the so-called Ethics Commission, to oversee compliance by members of the High Qualification Commission of Judges and the High Justice Council with professional ethics rules. Additionally, the Ukrainian parliament has registered a draft law strengthening criminal liability of judges for willful rendering of unlawful judgements.

Launch of the Anti-Corruption Court of Ukraine: On 5 September 2019, the High Anti-Corruption Court of Ukraine entered into operation. It is called to review and decide all cases concerning corruption-related offences.

New concession law: On 13 September 2019, the Ukrainian parliament passed a new draft law “On Concessions” in the first reading. The draft law introduces a new dispute settlement mechanism providing for a wide choice of dispute resolution methods available to parties, including negotiations, mediation, expert determination, national and international commercial arbitration, as well as investment arbitration. In comparison, the current concession legislation allows for the settlement of disputes by means of litigation or international arbitration only. The new draft law also provides that the state may agree to waive its sovereign immunity in concession contracts.

Difficulties related to paying out of feed-in tariff: A new system of feed-in tariff compensation for renewable energy producers was introduced in 2019. Increased transmission tariffs set by Ukrenergo were supposed to be the source of repayment. However, this system was challenged in the Ukrainian courts, which resulted in temporary difficulties regarding repayment of debts owed to renewable energy companies operating in Ukraine. In late August 2019, the government attempted to rectify the situation by changing the mechanism of feed-in tariff repayment, which should have helped with settling debts owed to renewable energy producers.

Exposure to investment disputes: There is growing concern that the rapid legislative initiatives of the new government in certain fields may have a rather sudden and unpredictable effect on business. This, for instance, concerns revision of Ukrainian tax regulations. As result of these rapid changes, some businesses will benefit from the reforms, while others may incur unspecified losses. In time, this may lead to new investment disputes initiated by foreign investors against Ukraine.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on

Click to Login as an existing user or Register so you can print this article.

Some comments from our readers…
“The articles are extremely timely and highly applicable”
“I often find critical information not available elsewhere”
“As in-house counsel, Mondaq’s service is of great value”

Related Topics
Related Articles
Up-coming Events Search
Font Size:
Mondaq on Twitter
Mondaq Free Registration
Gain access to Mondaq global archive of over 375,000 articles covering 200 countries with a personalised News Alert and automatic login on this device.
Mondaq News Alert (some suggested topics and region)
Select Topics
Registration (please scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of

To Use you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.


The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.


Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions