English law, Ukrainian perspective: lawyers discussed legislation and practice

The Law Society of England and Wales hosted the annual English Law Forum, which this year was devoted to the issues of Ukrainian legislation and legal practice.

The event was organized with the support of the British Institute of International and Comparative Law and LAWLEX Solicitors.

The forum was opened by Denys Maslov, Chairman of the Verkhovna Rada Committee on Legal Policy, who outlined the main areas of reforms and lawmaking activities that should ensure that Ukraine fulfills its obligations to international partners, promote the development of Ukrainian law and ensure state policy in times of war. The MP thanked his British colleagues for their support of Ukraine and willingness to develop interstate relations.

British lawyers Barry Coulter and Ruslan Ugrelidze delivered speeches highlighting the opportunities that Ukraine provides as a partner and the best practices that the UK can offer. They also emphasized the role that the development of the legal profession plays in protecting the rights of businesses and investors in Ukraine.

Oleksandr Bondarchuk, Chairman of the National Association of Insolvency Receivers of Ukraine, announced that he expects the number of bankruptcies to increase in the current environment, but noted that the insolvency system is ready for these challenges. He referred to the reforms of 2019, when the system was aligned with European standards, which today ensures the protection of the rights of all participants in the process. And insolvency officers play a key role in debt restructuring and asset management, and the association supports high professional standards.

The Ukrainian part of the Forum was also represented by Oleg Podtserkovnyi, Doctor of Law, Corresponding Member of the National Academy of Legal Sciences, Head of the Department of Commercial Law and Procedure of the Odesa Law Academy. He spoke about the current conditions for protecting investments and ensuring the rights of foreign partners, the use of alternative dispute resolution methods in Ukraine, in particular the benefits of the International Commercial Arbitration Court at the Ukrainian CCI. The scientist drew attention to the fact that the legal regime of investment activity in Ukraine during the war is transforming towards currency liberalization and increased investment guarantees.

Oleksandr Chernykh, a representative of the National Bar Association of Ukraine in the United Kingdom, presented data from the World Justice index and other organizations (which sometimes contradict each other). He emphasized that the situation with the rule of law in Ukraine is better than in the average region. Often the myth about the disorder in the judicial system, which contradicts the conclusions of many intergovernmental institutions, is used by various grant organizations to obtain funding. In this context, in his opinion, it is very important to take into account the assessments of state and interstate institutions, national regulators of independent professions, such as the UNBA, UNCAC, the Association of Private Enforcement Officers of Ukraine, and academics. After all, Ukraine is a country with intellectual and industrial potential and a developed judicial system, of which the bar is a part.

Maria Tymofiienko, Head of the Ukraine International Law response project at BIICL (British Institute of International and Comparative Law), analyzed the situation with the protection of investors' and business rights in Ukraine and outlined recommendations developed by British experts for Ukraine that could be implemented to improve the investment climate and attract investment.

Michael Patchett-Joyce, FCIArb representative, emphasized the importance of developing the practice of alternative dispute resolution, raising high standards of the legal profession and ensuring that lawyers are responsible for their duties.

Other speakers at the forum were well-known experts Brian Naumann, Tanya Laidlaw, Simon Denton, Luis A. Gonzalez Garcia, Jason Parker, Anthony Metzer, Adnan Sajid and others.

The event was attended by representatives of academic institutions of the United Kingdom, barristers, solicitors and Ukrainian lawyers. The English Law Forum has been held for a long time, but in 2024 it was dedicated to Ukraine for the first time. Next year, the English Law Forum will be held in Georgia.