Legal
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1_Legal_COM.jpgThe EBA Legal Committee was established in 2002.The Committee members represent the EBA member legal companies as well as lawyers from other EBA member companies of various industries.

The EBA Legal Committee concentrates its efforts on a number of legal issues having an impact on the daily life of EBA members, such as: WTO accession legislation; financial markets; banking law; currency regulations; corporate governance; stock market; Competition Law; judicial system/litigation; law practice issues, Labour Law, etc.
 
The EBA Legal Committee sees its strategic objectives as follows:

 - to maintain strong position of the EBA in securing legal interests of its members;
 - to address various legal issues raised by the EBA members.
 
In November 2009 there was restructure of the EBA Legal Committee carried out and now there are several Working Groups functioning in scope of this Committee. These are namely:

  • WG on Currency Regulation and Financial Services chaired by Mr Albert Sych, Manager in the Legal & Tax practice of Ernst & Young in Ukraine (elected on 27 November 2009);
  • WG on Competition Law chaired by Mrs Victoria Ptashnyk, Partner, Head of Antitrust and Competition Law Practice, Attorney-at-law with Spenser & Kauffmann (elected on 25 November 2009);
  • WG on Corporate Governance chaired by Mrs Anna Babych, Senior Associate with Vasil Kisil and Partners Law Firm (elected on 23 November 2009);
  • WG on Judiciary chaired by Mr Yaroslav Teklyuk, Counsellor with Vasil Kisil and Partners Law Firm (elected on 30 November 2009).

The following priorities of Judiciary WG activity were defined for 2010 year:

  • Lobby for improvement of the legislation of Ukraine related to judiciary (legislation regulating issues of court organisation, legislation regulating procedural issues (including jurisdiction issues), legislation regulating enforcement proceeding and bankruptcy issues);
  • Serving as a platform for sharing experience and voicing concerns as for problems that are faced by EBA members in course of a litigation and enforcement proceeding.

The following priorities of Corporate Governance WG activity were defined for 2010 year:

  • Take part in elaborating/improving by-laws to the Joint Stock Company Law;
  • Take part in elaboration of the Draft Law on Limited Liability Companies.

The following priorities of Competition Law WG activity were defined for 2010 year:

  • Take part in elaboration of the generalisation and unification of the enforcement practice in certain competition law issues by the AMCU;
  • Handle collective problems of the EBA members on competition law issues resulted from gaps in legislation.

The following priorities of Currency Regulation WG activity were defined for 2010 year:

  • Facilitate resolving currency regulation issues faced by the EBA members;
  • Monitor changes in legislative acts on currency control as well as their practical implementation and contribute to their improvement.


In May 2008 the Committee members prepared the Analytical Review IN CLOSE UP: Employment of the disabled persons. This document was prepared to examine the issue of mandatory employment of the disabled and regulatory requirements as to numbers of workplaces for the disabled at Ukrainian companies.

In December 2007 Committee members prepared the Analytical Review IN CLOSE UP: Currency Control Regulations. This document was prepared prepared by the EBA Legal Committee to examine the issues of currency control regulations on Ukraine, (the current system and a potential one), and offer practical recommendations concerning resolution of these issues.

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