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  • 01.01.2010

    Ukrainian Migration Legislation

    Ukrainian Law Firms

    In recent years serious concern has been increasingly expressed in relation to the slowdown in the development and attraction of foreign investment into Ukraine. The lack of a clear and transparent migration policy can be named among a number of reasons stemming from general political and economic factors and causing this situation. The state is gradually making discrete steps to address existing gaps in this area. However, such steps are not as rapid as we might want them to be. Among priority tasks it is worth mentioning the content and direction of state migration policy, as well as the way to improve legislative and institutional maintenance of migration processes at state level.

    According to Article 26 of the Constitution of Ukraine, foreigners staying in Ukraine on legal grounds enjoy the same rights and freedoms and bear the same responsibilities as citizens of Ukraine with those exceptions established by the Constitution, laws or international treaties to which Ukraine is a party. Particular features of realization by foreigners of their rights in Ukraine are foreseen specifically under laws and regulations.

    The aim of this article is to draw attention to the most common practical issues arising in connection with the stay of foreigners in Ukraine. 

  • 01.01.2010

    Compensation as a Remedy for Copyright Infringement: Modern Approaches of Ukrainian Courts

    Ukrainian Law Firms

    Everybody knows that they can have their losses reimbursed by legal redress. However, the injured party is not always able to provide a clear estimate of the sum of its losses, and this considerably complicates and even renders impossible recovery of damages in a judicial procedure. Ukrainian courts have adopted a principle that no claim can be settled until the losses are accurately estimated.

    Such a situation is especially inherent in intellectual property rights infringement and, in particular, copyright infringement cases. Claimants (authors, copyright holders) have difficulty at times providing a court with a convincing explanation of what their lost profit is or what direct damage they suffered from illegal use of their works. Obviously, many authors and copyright holders lose money when their works are freely copied and distributed via various channels. However, pirated goods have enough time to win the market well before the authors earn any income from their works. That being said, the so called piracy business is illegal at its core; that is why it is very hard to control through conventional remedies.