Werner Law Firms Opens its New Branch in Lviv

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We are delighted to announce the opening of our new branch in the city of Lviv, the Western Ukraine’s cultural and business center.

Lviv’s branch is the third office of the Werner Law Firm, the other two being located in Kyiv and Berlin. Our Law Firm has been successfully operating in the market for over 6 years now, providing a full range of legal services to both domestic and international companies. We have been offering effective support for the clients’ projects and ensuring full legal safety of their business and investment. Propelled by an increased number of projects in Western Ukraine, the opening of the Lviv’s branch has become another milestone in company’s evolution.

The opening of the office in Lviv is expected to accelerate and simplify interaction with our customers in the western regions of Ukraine and Eastern Europe. The Western Ukrainian Branch of the Werner Law Firm is headed by the partner Igor Darmogray.

We are waiting for you at 96 Lychakivska Street, office 10, Lviv

Phone: +38 050 300-36-63

Looking forward to working with you!

Termination of the principal obligation due to the liquidation of the legal entity-debtor shall not terminate the surety

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On the 25 of November 2015 the Supreme Court of Ukraine has formulated a legal position that termination of the principal obligation due to the liquidation of the legal person - debtor on this obligation does not terminate the surety, if the creditor exercised his right to recover the debt before the termination of the legal entity - the debtor, by results of consideration of case No. 6-172цс15 about the recognition of enforcement order as not enforceable.

 

The court came to this conclusion according to the next:

According to section 1 of article 559 of the Civil Code of Ukraine the surety terminates together with the termination of the secured obligations, and in case of changes in liabilities without the consent of the guarantor, that results in increasing  of the amount of his liability.

Article 609 of the Civil Code of Ukraine provides that the obligation stops with the liquidation of the legal entity (debtor or creditor), except cases when the law or other legal acts assign the execution of the obligation of the liquidated legal entity to another entity, including obligations on compensation of harm caused by mutilation, other health injury or by death.

According to part 5 article 11 of the Civil Code of Ukraine in cases, that established by acts of civil legislation, civil rights and obligations may arise from the court's decision.

According to article 14 of the Code of Civil Procedure of Ukraine court decisions entered into legal force are binding for all bodies of state power and bodies of local self-government, enterprises, institutions, organizations, official persons and citizens and are enforceable throughout the territory of Ukraine.

Thus, the provisions of article 559 of the Civil Code of Ukraine about termination of surety with the termination of the secured obligation can’t be applied to the legal relations in which the duties of guarantor to execute the obligations under the main contract arose from the decision of the court, and not only from the surety agreement.

 

The monopoly of advocates or professional legal representation in the court: the draft of amendments to the Constitution of Ukraine

konstituciaOn the 25 of November, 2015, the President of Ukraine has proposed to Parliament a Bill "About amendments to the Constitution of Ukraine (regarding justice)", No. 3524, developed by the Constitutional Commission.

 

The bill takes into account the remarks of the Venice Commission, which in its conclusion on the draft of amendments to the Constitution in terms of justice, approved by the Constitutional Commission on the 4 of September, 2015, substantially gave a positive conclusion on the draft of amendments to the Constitution of Ukraine in part of justice, but the Venice Commission opposed the introduction of the advocates' monopoly on representation in court, in particular, with regard to certain types of disputes.

In particular, with regard to the representation in court the bill provides the following conditions:

  1. untouchable right of every individual to have the right to professional legal assistance. An advocacy, the independence of which is guaranteed by the State, will act in order to provide such assistance in Ukraine;
  2. representation of individuals and businesses in court, as well as protection from criminal prosecution will be undertaken solely by advocates. At the same time, the Bill provides some exceptions with regard to representation in the disputes on the protection of social rights in relation to elections and referendums, in the labour disputes, in petty disputes and in connection with the representation of minors or juveniles and persons recognized by the court as incapable or persons with diminished capacity;
  3. solely by the prosecutors or advocates in the Supreme Court of Ukraine and courts of cassation representation shall be organized from the 1 of January 2017; in the courts of appeal - from the 1 of January 2018; in courts of first instance - from the 1 of January 2019;
  4. the representation of the bodies of state power and bodies of local self-government in the courts will be implemented solely by the prosecutors or advocates from the 1 of January 2020;  
  5. in processes initiated before the entry into force of the law of Ukraine "About amendments to the Constitution of Ukraine (regarding justice)", representation of interests in court will be carried out according to the rules, which were in its force prior to the entry into force of the law of Ukraine "About amendments to the Constitution of Ukraine (regarding justice)" and prior to the adoption of final court decisions not subject to appeal.