“Tax related matters remain the strongest and most successful practice area of KM Partners. Being effective in both Ukrainian and international taxation, the firm provides legal support on tax compliance and planning, tax structuring, international tax planning and profit repatriation, cross-border transactions, avoidance of double taxation, etc. The firm is especially strong in advising on business tailoring from the tax perspective and tax litigation”.
“A number of projects are implemented on cross-border structuring. The highlights of tax litigation include representation of Bunge, when a case was considered a really crucial procedure: the Supreme Administrative Court of Ukraine recognized that the transfer of ownership in goods supplied by its producer to distributor shall not influence the relation of merchandizing services regarding such goods to business activity of the producer, hence such services shall be deductible. Another notable representation was handled for Procter & Gamble and included challenging post-audit assessment related to revaluation by the customs of the customs value of imported practice. Alexander Minin, senior partner, is a well- known and respected tax practitioner in Ukraine. Alexander Shemiatkin, partner, is another tax contact”.
KM Partners deals with a number of corporate matters in its legal practice.
“The most usual work is legal support on establishment, liquidation and re-registration of companies and performing due diligence. In the latest projects due diligence was performed of several stevedoring companies in sea ports and participation in various litigations regarding cancellation of share purchase deals and shareholders meetings decisions as well as cancellation of interim measures applied to the property arid corporate rights of the company. Maxim Oleksiyuk, partner, led the firm’s corporate practice”.
KM Partners has a lot of successful litigation experience, especially in tax and customs.
“The average total amount of disputes already for a couple of years is around the level of UAH 2 billion annually. Alexander Minin, senior partner, and Alexander Shemiatkin, partner, are outstanding professionals in litigation on tax and customs. Maxim Oleksiyuk, partner, manages commercial, corporate, land and real estate matters. For instance, lawyers successfully helped Tetra Рак and other businesses contested in court an Order that obliged importers of goods in packaging to pay extra duty”.
“The previous year saw KM Partners provided comprehensive legal support of formalization of title rights to land plots for subsequent development; assisted in the formalization of title rights to land plots dedicated for construction of infrastructure for goods transshipment in sea ports. Notably, the team led by Maxim Oleksiyuk received successful experience on supporting clients in court proceedings regarding amending land leases”.
Real Estate & Construction
Legal support in the field of real estate and construction is a significant part of the day-to- day work of KM Partners.
“The most common projects undertaken by the firm are legal support in the construction of logistic centers, formalization of the rights of use of land plots in the city of Kiev, including land plots under objects of historical heritage, construction of terminals in ports, on formalization of railway transport infrastructure. The practice is led by partner Maxim Oleksiyuk“.
Labour & Employment
KM Partners deals with different HR related issues, in particular, hiring, dismissal, full-time and part-time jobs, seasonal work, staff reduction and personnel transfer as well as outsourcing.
“The firm has a good record in out-of-court settlement of employment disputes, to the satisfaction of clients. Being a recognized expert on tax matters the distinctive feature of the firm is consolidating experience on labor and tax law, when both employer and employees benefit in terms of taxation. Alexander Minin, senior partner, Alexander Shemiatkin, partner, are the core of the practice”.
Support of projects and deals on agricultural production and trade is a significant part of day-to-day legal work for KM Partners.
“The firm maintained several projects in this practice area: developing and providing legal support on financing of schemes on sale of plant-protecting agents (pesticides, herbicide and others), grain and other agricultural products, as well as deals on leasing, purchase and sale of farming machines, storage and transporting of agricultural products, port transshipment; security of contractual obligations by means of harvest wages and other wages. The key legal practitioners are senior partner Alexander Minin and partner Maxim Oleksiyuk“.
Transport & infrastructure
KM Partners provided legal support for the sale and purchase of companies engaged in development of logistics projects and companies dealing with the purchase of land. Due to extended practice with stevedoring companies the company has solid experience in legal support in the area of maritime shipping and transport, especially in providing access to berths for private companies, establishing relationships between stevedoring companies and state ports, on construction of hydro- technical facilities and terminals in ports. Partner Maxim Oleksiyuk is a key expert in the mentioned projects”.