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Insights January 2023

Decentralized clinical trials: Current developments in CEE and Turkey

The rapid development of technologies and solutions in the healthcare sector is contributing to the proliferation of decentralised clinical trials (“DCTs”).  The aim of DCTs is for clinical trials to be conducted more effectively and conveniently – for patients, sponsors and investigators – through the use of digital technologies. In addition, with hospital visits temporarily limited and staff capacities overwhelmed, the challenges associated with the Covid-19 pandemic have significantly underscored the necessity of performing certain elements of clinical trials remotely. Download in English:  

News January 2023

U.S.-Ukraine Business Council re-elects Margarita Karpenko as member of their Executive Committee for 2023

Margarita Karpenko, Co-Managing Partner of Kinstellar’s office in Kyiv, has been re-elected as a member of the Executive Committee of U.S.-Ukraine Business Council (USUBC) for 2023. With over 30 years of experience in the Ukrainian business environment, Margarita has held executive roles for over 20 years. She is a knowledgeable advisor on different legal aspects of the business landscape in Ukraine and has been ranked as a top-tier lawyer in the country by legal directories such as Chambers & Partners, Legal 500 EMEA, Ukrainian Law Firms. A Handbook for Foreign Clients, Best Lawyers. Established in 1995, USUBC is a business association that advances U.S. companies’ trade and investment interests in Ukraine.

Insights January 2023

Top five decisions of Ukraine’s Supreme Court relating to land disputes in 2022

Case law cannot be overestimated. It adapts to changes faster than legislation. Case law in Ukraine evolved during peacetime and continues to do so during martial law. Diana Malysh, Associate at Kinstellar’s Kyiv office, analyses current case law and reviews the top five decisions of Ukraine’s Supreme Court adopted in 2022 relating to land disputes in an article published on the legal information platform Liga Zakon. Read the full article (in Ukrainian only):  

Insights December 2022

Cryptocurrency exchanges: how to choose a reliable one?

Investing in crypto assets is a high-risk activity. The existing structure of the crypto market, its supervision and its participants, is currently such that it cannot guarantee the security of funds, even for the customers of the best-known and, seemingly, best-protected exchanges. Given these inherent risks, there are several aspects that should be considered when choosing an exchange. In a recent interview with Minfin.com.ua, a Ukrainian portal on finances and investments, Illya Muchnyk, Counsel in our Kyiv office, shared his views on possible ways to secure funds when investing in cryptocurrencies. Read the full article here (in Ukrainian only).

Insights December 2022

Specifics of ultimate beneficiary owners filings in Ukraine

The requirement to file information on the ultimate beneficial owners (UBOs) of legal entities was introduced by the Law of Ukraine "On Prevention and Counteraction of Legalization (Laundering) of Criminal Proceeds, Financing of Terrorism and Financing of the Proliferation of Mass Destruction Weapons" dated 06.12.2019 No. 361-IX. With the start of the full-scale invasion by the Russian Federation and the introduction of martial law in Ukraine, the requirement to disclose information about UBOs was suspended. On 6 September 2022, Ukraine’s Parliament adopted the Law of Ukraine "On Amendments to Certain Laws of Ukraine on Improving the Regulation of Ultimate Beneficial Ownership and the Ownership Structure of

Setting up December 2022

Setting up operations in Bulgaria

Today’s uncertainties at the European Union’s eastern border have left companies questioning the safety of their people and the continuity of their operations in that part of the world. Businesses in the IT and BPO sectors that had found talent and growth opportunities in Ukraine and its neighbours are now rethinking their strategy and options to move operations across the border, either temporarily or permanently. Our team in Sofia has prepared a quick overview of the most important aspects that you need to consider if you decide to move your operations to Bulgaria. Download in English: Download in Ukrainian:

News November 2022

Kinstellar named Law Firm of the Year in Central Europe at The Lawyer European Awards ceremony

Kinstellar is pleased to announce that it has been named “2022 Law Firm of the Year: Central Europe” by the leading UK and European legal publication The Lawyer at its annual European Awards ceremony. Each year the awards celebrate excellence across the European legal market and recognise firms that have demonstrated outstanding achievements through their mandates, performance, impressive strategic growth and excellence in client service. Winners are chosen from among over 120 independent law firms headquartered in Europe and global firms across the continent. Kinstellar is also proud to have been shortlisted for the “Law Firm of the Year: South Eastern Europe” and ‘’Law Firm of the Year: Ukraine’’

Setting up November 2022

Setting up operations in Romania

December 2022 – Today’s uncertainties at the European Union’s eastern border have left companies questioning the safety of their people and the continuity of their operations in that part of the world. Businesses in the IT and BPO sectors that had found talent and growth opportunities in Ukraine and its neighbours are now rethinking their strategy and options to move operations across the border, either temporarily or permanently. Our team in Bucharest has prepared a quick overview of the most important aspects that you need to consider if you decide to move your operations to Romania. Download in English: Download in Ukrainian:

Setting up November 2022

Setting up operations in the Czech Republic

Today’s uncertainties at the European Union’s eastern border have left companies questioning the safety of their people and the continuity of their operations in that part of the world. Businesses in the IT and BPO sectors that had found talent and growth opportunities in countries such as Ukraine and Moldova are now rethinking their strategy and options to move operations across the border, either temporarily or permanently. Our team in Prague has prepared a quick overview of the most important aspects that you need to consider if you decide to move your operations to the Czech Republic. Download in English: Download in Ukrainian:

Insights November 2022

Ukraine introduces e-residency and 5% single tax for non-resident individuals

On October 6, 2022, the Law of Ukraine No. 2654-IX "On Amendments to the Tax Code of Ukraine and some other laws of Ukraine regarding the taxation peculiarities of electronic residents’ business activities" was adopted. It will enter into force on April 1, 2023. The Law introduces a special status for foreign individuals who are not Ukrainian tax residents allowing them to carry on business activities without the need to be present in Ukraine. For these purposes the e-resident will be able to open a bank account, obtain an electronic digital signature and register as a private entrepreneur remotely. Download in English: Download in Ukrainian:

Insights November 2022

Ukraine: An introduction to war-inflicted damages

What do you do if your country is invaded, your parents and kids are killed when trying to escape the occupation, your wife is gang-raped, and you are beaten to death because you speak a language the invaders hate? What do you do if the invaders have looted your house, plundered your farm, or taken your factory away from you? The 2022 Russian war against Ukraine has already become the biggest military disaster in Europe after World War 2. This war was initiated by a nuclear super-power and a permanent UN Security Council member against a nation whose security the former had guaranteed with its own sovereign signatures under numerous international treaties. The aggressor-state has clearly manifested its primary agenda

Insights September 2022

183 days of war in Ukraine: Tax considerations for refugees and their employers

The war in Ukraine has now passed the 183-day mark. This unfortunate milestone is a reminder to employers with a dispersed workforce of Ukrainian refugees to take a look at the status of these employees. Under many tax treaties mirrored after the OECD Model Treaty, the 183-day period implicates a significant threshold: individuals temporarily present in the treaty-party country (the Host Country) may be taxed by that country on income for personal services performed there if the individual resides in the Host Country for over 183 days in a given tax year. This is called the 183-Day Rule. Few European countries have issued guidance on how they intend to apply the 183-Day Rule to Ukrainian refugees. Although one