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| 07 december 2011
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The draft law on ports provides to define that the use of water of the water objects for the needs of sea and river vessels is not referred to some special water use. However, Mr. Yanukovich considers that water use for the navigation cannot be referred to the general use as the general water use covers swimming, boat sailing, fishery etc.
Mr. Yanukovich highlights that the law on ports stipulates introduction of a new type of water use (other than the type provided by the Water Code of Ukraine): water use of the water areas of sea ports. However, the law does not define the mechanism for such water use (pay principle for the water use, legal regime for the water use and water conservation, reconstitution of the water resources within the limits of the water basin of sea ports, requirements towards administrations of the sea ports related to the water use etc.).
The President also noted the non-compliance of the provisions of the law on ports with the land legislation. For example, the Land Code links the land plot allotment to delimitation of frontiers in kind, while the law on ports links the land plot allotment to coordinates of the limits of the allotted sea port water basin. Mr. Yanukovich observes that the law on the ports does not cover the requirements defined by the basic legal framework. Besides, the law on ports does not provide the mechanisms for implementation of the provisions stipulated herein; accordingly it may cause numerous problems and improper use due to the diverse application of the law.
Moreover, the law on ports stipulates that the premises for the check points through the customs border shall be provided by the administration of the port or owner of the sea terminal to the state authorities into the lease that is unacceptable as the state control (ecological, cross border, customs, sanitary and quarantine) on border protection is to be provided free of charge.
In addition, the law on ports defines that the port infrastructure objects within the limits of the sea ports are privatized pursuant to the legislation on privatization considering the peculiarities provided by this law (Part I Article 12). At the same time the concept for privatization of such objects is not balanced.
The President also noted that the requirement of the law on reorganization of the sea ports within 10 months from the date of the law publication by way of their division, their exclusion from the list of the companies not being subject to privatization may cause some risks related to abuse and loss of the port infrastructure objects providing vital activity of the state in the whole.
Thus, Mr. Yanukovich concluded that the law entails some other remarks, including the conceptual ones. Accordingly, it may lead to numerous legal collisions, cause problems in legal regulation of the corresponding relations. Basing upon the abovementioned the President decided to reject the bill.
Just to remind you that on the 3rd of November 2011 the Verkhovna Rada adopted the draft law ‘On Sea Ports of Ukraine’ that had been considering for the latest 9 years. It is supposed that the law will simplify the PPP in the ports and shall lead to attraction of the investments into the port sector.
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| 14 may 2012 Exclusive in Ukraine Specialized International Exhibition KIBS 2012 “Boats. Motor boats. Yachts” was held in Kiev on 25-28 April.
Nadezhda Malanchiy, lawyer of International Law Offices, took part in the exhibition KIBS as a guest.
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| 14 may 2012 There were the Meeting the Executive Committee, the Management Committees and Seminars
• Trade, Trouble & Transportation: How port handling can influence your supply chain
• Energy Projects in the 21st Century
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| 14 may 2012 The premier guide to leading legal professional Global Law Experts awarded Interlegal (International Law Offices) as a leading Marine Law Firm of the year 2011 in Ukraine.
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| 03 may 2012 Webinar ‘Export of Commodities from Ukraine. Legal Issues’ was held in Odessa on April 27, 2012
Webinar was organized by Interlegal
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| 20 april 2012 PFI Black Sea 2012 Conference has finished its work on May 19th in Istanbul, Turkey.
Arthur Nitsevych, partner of Interlegal, has disclosed a topic ‘Investment into Ukrainian ports – view of an investor in 2012’.
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| 20 april 2012 Master class “Purchase of vessels” was held on 18th of April 2012 in Odessa National Maritime Academy.
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| 06 april 2012 Port Expansion Summit 2012 organized by Noppen was held in Istanbul in April 5-6.
Managing partner Artur Nitsevych was invited to open summit and speak about Investments to Ukrainian Ports in 2012.
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| 21 march 2012 APK-Inform Agency announces about holding of the eleventh international conference "Grain Forum - 2012: Production, Processing, Trading" (June 6-8, 2012, Yalta, hotel Palmira Palace).
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