Rulemaking

Development of draft regulations is our most responsible practice. This is due to the fact that a draft law or regulation contains rules of conduct for an indefinite number of persons – parties to a legal relationship. A mistake made when developing the structure and content of a regulation may lead to catastrophic consequences, especially when it is connected with regulations providing for reforms, i. e. an introduction of new rules of conduct that have not existed in the society before.

What economic, social and other consequences may result in the adoption of a regulation? Can the regulation be used for committing acts of corruption? In what way will the regulation be applied by fiscal and law enforcement authorities or by courts? These and other questions should accompany the development of any regulatory document.

Expertise

During their career in the State Property Fund of Ukraine, the lawyers of the firm took part in the development of dozens of laws and regulations on privatization, lease, management of state assets and other functional activities of privatization authorities.

The lawyers of the firm specialize in the development of tender procedures based on the principles of transparency, non-discrimination, and equal rights. In particular, we have experience in drafting regulations on competitive selection of advisers for the preparation and holding of tender sales, as well as several versions of a procedure for tenders of shares.

Our lawyers have experience in drafting industry laws as well. In 2011, the firm lawyers were engaged in drafting the Law “On Sea Ports of Ukraine” by the Ministry of Infrastructure of Ukraine. The concept of our draft Law formed the basis of the adopted Law. We also prepared a number of draft laws and regulations aimed at developing civil maritime infrastructure, eliminating the rudiments and anachronisms creating favourable conditions for bureaucracy and corruption in this industry.

The firm lawyers were also engaged in drafting the Law of Ukraine “On Railway Transport” and the Law of Ukraine “On State Regulation of Transportation”. Our research was focused mainly on the attraction of private investments into the public railway infrastructure, the concept of division of the railway infrastructure into “general” and “non-general”, and the compliance of basic definitions of the draft Law with EU Directives.

We are the main developers of the following draft regulations some of which have already been adopted:

  • the draft Law of Ukraine “On Artificial Land Plots on Water Bodies within Seaport Water Areas” (registration No. 2968);
  • the draft Law of Ukraine “On Amending Certain Laws of Ukraine (Concerning Regulating Town-Planning Activities)”;
  • Decree of the Cabinet of Ministers of Ukraine No. 492 of 07.07.2015 “On Amending Regulations on Protection of Internal Sea Waters and Territorial Sea from Pollution and Contamination”;
  • Order of the Ministry of Infrastructure of Ukraine No. 318 of 27.05.2013 “On Approval of the Regulations on the Tender Committee for Concession Tenders”;
  • the section of Order of the Ministry of Infrastructure of Ukraine No. 169 of 19.03.2013 regarding the development of the Sample structure and contents of the feasibility study of concession projects.
Legal Services

Our firm is ready to provide the following professional legal services in drafting regulations:

  • analysis and classification of legal relationships requiring additional regulation, and preparation of analytical materials on the issues requiring legislative regulation;
  • interviews with industry and/or functional experts;
  • organization and planning of activities of the working group for drafting a relevant draft regulation;
  • development of the concept, structure and text of the draft regulation, and preparation of presentation materials;
  • participation in round tables for public discussions of relevant draft regulations;
  • representation of business interests in the discussion of draft regulations with public authorities (ministries, committees of the Verkhovna Rada of Ukraine);
  • support of draft regulations in the process of their coordination with the executive and legislative authorities.

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