Publications

The Yuridicheskaya Practika [Legal Practice] (no. 12 of 21.03.2017) published the article by Olena Tregubova and Larysa Yanevych “Major aspect of performance of joint operating agreements”

21.03.2017
The article explores controversial in terms of legislative regulations aspects specific to the practice of implementation of joint operating agreements.

Such aspects include the formation of so-called conditional (lacking a legal personality) associations, the absence of economic and legal classification of contributions made by parties to their joint operations, the need for legal regulation of the procedure for making and withdrawing (taking into account certain specific characteristics) of certain categories of contributions, etc.

Summarising and analysing these as well as other aspects of joint operations, the authors came to a conclusion that despite existing pitfalls in legislation, adequate structuring and planning of relationships between parties in joint operating agreements gives them an opportunity to attain their objectives without breaching the law.

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The author analyses whether a constitutional complaint could play a role of an efficient remedy that could be used prior to submitting an application to the ECHR, which will depend on the direction taken by courts with regard to constitutional complaints, despite the provisions of recently adopted draft law no. 5336-1.
 
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