Category: Law


Land-Related Court Disputes: What to Consider before the Introduction of the Land Market

The widespread media coverage of conflicts around agricultural land does not match the actual statistics of court disputes. Their share in the total number of litigations in Ukraine is 3%, which is ten times as little as the number of contract disputes and 7.5 times as little as the number of family disputes. Most of the disputes concern non-agricultural land. Yet the implementation of the agricultural land market (and hence the rise of the value of agricultural land) can have an impact on the frequency of land court disputes. Full text is available in Ukrainian and Russian.


The Potential of Using “Self-Interest” in Solving Social Problems

State goal-oriented programs are a usual tool of solving large-scale economic and social problems in Ukraine. However, the lack of money and responsibility for failing to reach the stated objectives have transformed this instrument of solving social problems into a mere declaration of intentions. In the meantime, the development of the theory of social investment has led to the emergence of new financial instruments in the developed countries, which are known as social impact bonds. They have a potential of becoming an efficient tool of solving social problems. Full text is available in Ukrainian and Russian.


Spirit of Freedom for Ukraine. Unlearned Lesson of Kakha Bendukidze

The spirit of freedom espoused by Kakha Bendukidze and his like-minds dramatically changed Georgia. In Ukraine, we struggle for change as well but we seem to fail to understand the role of freedom in it. In this article I would like to reinforce the spirit of freedom and also discuss how we can use seemingly and undeservedly not very famous but effective instruments invented in Georgia.


Legal Analysis of the Apartment Scandal: Leshchenko, Lyashko or Khomutynnyk – Whose Abuse Is Worse?

As a discussion with respect to Ukrainian MP Sergiy Leshchenko shows, the life of a Ukrainian state official creates numerous opportunities for public outrage over his real or perceived sins. A state servant leads an apparently better life-style than a person with a comparable income could afford. Does he take bribes? Does he earn income from prohibited sources? Is there a difference? What about paying taxes on such unofficial income? Is the explanation for sources and nature of income for expensive purchases true?


Mis-Implementation of EU Law in Ukraine

Implementation of EU standards into national legislation is at the forefront of Ukrainian Parliament’s activities. Some of them, like those connected with a visa-free regime, receive much attention. We decided to examine legislative changes, which are not at the top of political agenda. It turned out that certain provisions of EU directives are either incorrectly implemented or totally ignored.


Successes and Failures of Ukraine’s Eurointegration: How Good Are We at Implementing the EU Association Agreement

It would be a mistake to think that the signing of the EU-Ukraine Association Agreement means the automatic implementation of eurointegration reforms. Instead, this is an action plan for the period up until 2025. Ukraine has to implement about 350 EU norms. We have assessed the progress that Ukraine has made since the launch of the provisional application of the Agreement 1.5 years ago. In addition, this article considers the most successful and the most lagging areas of the implementation of the Agreement. Full text is available in Ukrainian and Russian.


Competition Law and Policy in the United States (and Ukraine). Part 4. Vertical Mergers

Vertical mergers, unlike horizontal mergers, do not by their nature reduce the number of competitors in any particular market. Furthermore, it has been one of the real success stories of economic theory in the past fifty years that economists and enforcers have come to better understand the rationale for, and welfare benefits from, vertical integration, and, by extension, vertical mergers. Nonetheless, vertical mergers may reduce competition and lead to welfare losses under certain circumstances.


Competition Law and Policy in the United States (and Ukraine). Part 2. Mergers and Acquisitions

When two independent firms “merge” to become one combined firm, the economist assumes that they do so in the expectation that their joint profits will increase as a result. Since profits are a component of economic welfare, as that term is used by economists, the presumption may be that mergers are usually good for the economy. Still mergers are a subject of antitrust and regulation.


Competition Law and Policy in the United States (and Ukraine): Agreements among Firms and Abuse of Dominance

Some competition laws, including the laws of Ukraine, Romania, Russia, and the European Union – but not those of the United States – include specific provisions against anticompetitive actions by government bodies, especially those of local governments that may favor local firms. And some, including those of the European Union but not those of the United States, include provisions targeting “state aids”. In Ukraine this latter issue is addressed by a separate law, not the competition law itself. I will focus in this paper on the competition laws that I know best, those of the United States, but will refer from time to time to those from other jurisdictions, including Ukraine.