Marine infrastructure

The marine infrastructure of Ukraine has a significant potential since it can be used successfully to meet internal economy needs and to create transnational logistic corridors for servicing transit flows. There were 13 seaports registered in Ukraine as of 2016. Ports perform an important role in exports of products of Ukrainian agricultural and industrial, metallurgical and mining sectors that form the basis of the economy of Ukraine. In terms of transition to energy independence of the country, port infrastructure, in turn, refers to essential facilities ensuring delivery of imported coal necessary for preservation of energy balance.

The achievement of such strategic objectives as development of modern port management models, attraction of private investments, and introduction of international port service standards requires not only bold political decisions, but also the effective implementation of tasks assigned.

The port reform was initiated with the adoption of the Law “On Seaports of Ukraine” in 2012. The AGRECA lawyers were among those who developed the concept, structure, and then the text version of the Law “On Seaports of Ukraine”. After the adoption of the Law the AGRECA lawyers continued to assist the Ministry of Infrastructure of Ukraine in the establishment of the Ukrainian Sea Ports Authority as well as the development of other key regulations in the port industry.
Among all the activities related to maritime transport industry we specialize in further promotion of the port reform on the basis of optimization of the port management structure as well as regulatory policy and practical implementation of investment projects in ports.

As part of our legal services, we can offer support for investment public-private partnership projects, inter alia, under concession in sea ports, both on the party of the State and on the party of the private partner. We have experience in modelling concession projects based on the example of operation of the largest sea ports and state stevedoring companies. We have developed tender documentation, bids, and complex concession agreements based on data and planning of actual projects involving large-scale construction and reconstruction of basic port infrastructure, marine terminals superstructure, and port railway infrastructure. We also have experience in drafting procedural documents and representing the interests of large trading companies in tenders for lease of state property in seaports.

Our legal services also include support of economic activity of stevedoring and forwarding companies. This area includes general advice on maritime law, including the legislation on seaports, drafting of specific commercial contracts, representation of interests in courts as well as in the Ministry of Infrastructure, the Ukrainian Sea Ports Authority, the environmental inspectorate, and other regulatory authorities.

The constant engagement of our lawyers in the ongoing processes in the port industry allows us to evaluate updates to specific legislation at the expert level as well as prepare changes at the level of codes, laws, and of regulations. We have performed the key role in the development of several draft laws and regulations on port issues.

AGRECA is a member of the American Chamber of Commerce in Ukraine. Our lawyers are actively involved in the permanent Sea Ports Development Working Group of the American Chamber of Commerce in Ukraine. Our works and propositions concerning redistribution of power within the entire management system in the port industry, attraction of investments primarily under concession, and implementation of independent port administrations on the basis of the Landlord Port model have been supported by other members of the Group and are discussed in the Ministry of Infrastructure and the Ukrainian Sea Ports Authority regarding further promotion of the reform. We also cooperate and maintain constant contacts with other leading consulting firms and experts in the port industry.

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