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Infrastructure & Projects

Ukraine

As a sponsor, lender or public sector organisation, you require legal advisors who can help you succeed in complex infrastructure and project financing transactions. Whether you are involved in public works programmes or private sector financing in the areas of transport, health, education, waste, energy, defence, IT/telecoms, leisure, custodial & justice, ports, rail, roads or water, you can depend on the leading lawyers in major infrastructure projects and related project financing throughout the world.  In Central and Eastern Europe, CMS has valuable experience of the successful procurement and implementation of infrastructure projects, including providing key advice on procurement, project documents and financing strategy.  

We have delivered deals in a range of sectors with a combined value of many billions of euros, advising on public private partnerships, energy and renewables projects, including the largest offshore wind farms in Europe, infrastructure and utilities investments and a range of other development and corporate finance transactions. If you are an investor selling or buying an interest in a concession, a utility business or a PPP deal, you need expert guidance through the complex bidding process. Our lawyers have helped shape transactions across these sectors, ensuring quick deal completions on terms that optimise your returns. And if you are facing a potential dispute, we have the experts to support you through dispute resolution procedures or litigation action. Whatever your situation, we have the track record and the people to help. With over 200 lawyers working in this sector, we can support your transaction in virtually any part of the world including the UK, Central and Eastern Europe, Western Europe, the Middle East, Turkey, India, Africa, Asia and the Americas. 

Our local team is at the centre of the PFI/PPP sector in Ukraine, advising clients on potential infrastructure transactions, as well as assisting the Ukrainian government with the development of new legislation to facilitate private investment in Ukraine’s infrastructure. CMS Ukraine is able to draw on the experience and expertise of our offices in other CEE countries that have undergone similar development processes in recent years. This expertise covers all areas of infrastructure, from roads, rail and airports through to water and municipal heating, waste management and waste, and energy projects.

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24/05/2019
FID­IC claims no­ti­fic­a­tion pro­vi­sions: Hong Kong High Court guid­ance
A re­cent de­cision of the Hong Kong High Court has con­sidered the ef­fect of claims no­ti­fic­a­tion pro­vi­sions which re­quire a con­tract­or to state the con­trac­tu­al basis of a claim. Such a re­quire­ment now forms part of the stand­ard FID­IC claims no­ti­fic­a­tion pro­ced­ure.
16/04/2019
The new EU frame­work for screen­ing for­eign in­vest­ment is now in force
On 10 April 2019, the EU frame­work for screen­ing for­eign dir­ect in­vest­ment (FDI) came in­to force, al­low­ing the European Com­mis­sion and Mem­ber States un­til 11 Oc­to­ber 2020 to put in place mech­an­isms and re­sources to com­ply.
14/03/2019
Ship­ping and car­bon: EU and IMO sys­tems to align
On 4 Feb­ru­ary 2019 the European Com­mis­sion (EC) tabled a pro­pos­al con­cern­ing the amend­ment of Reg­u­la­tion (EU) 2015/757 on the mon­it­or­ing, re­port­ing and veri­fic­a­tion of car­bon di­ox­ide emis­sions from mari­time trans­port (the “EU MRV Reg­u­la­tion”).
13/03/2019
Con­nec­ted Fu­ture - En­ergy Stor­age
It is re­cog­nised that flex­ib­il­ity in the elec­tri­city sys­tem will be­come in­creas­ingly valu­able in the com­ing years as the wider en­ergy trans­ition, in­clud­ing the great­er pen­et­ra­tion of in­ter­mit­tent, dis­trib­uted gen­er­a­tion and more pro­act­ive con­sumers, across.
27/02/2019
Elec­tric Vehicles: in­fra­struc­ture for our con­nec­ted fu­ture
The up­take of elec­tric vehicles (EVs) has soared in re­cent years (al­beit from a very low base), with jur­is­dic­tions such as Nor­way and The Neth­er­lands cur­rently lead­ing the pack. However, in or­der for a coun­try to be­come a glob­al EV lead­er, it is vi­tal to con­sider.
31/01/2019
Com­mis­sion­ing a scrub­ber sys­tem by 31 Decem­ber 2019 is not suf­fi­cient...
Ship own­ers, ship op­er­at­ors and ship man­agers who are busy pre­par­ing for the up­com­ing high sul­phur fuel oil (“HSFO”) ban which enters in­to force on 1 Janu­ary 2020 will be fa­mil­i­ar with the op­tion to in­stall Ex­haust Gas Clean­ing Sys­tems (EGC­Ss) oth­er­wise known.
03/01/2019
Ukraine: draft law pro­pos­ing the new re­new­ables gen­er­a­tion sup­port...
On 20 Decem­ber 2018, Ukrain­i­an par­lia­ment ap­proved in the first read­ing the draft law On In­tro­duc­tion of Cer­tain Changes to Laws of Ukraine re­gard­ing En­sur­ing Com­pet­it­ive Con­di­tions for Gen­er­a­tion of Elec­tri­city from Al­tern­at­ive En­ergy Sources No.
21/12/2018
Ukraine cre­ates new op­por­tun­it­ies for de­vel­op­ment of re­new­able power...
On 10 Decem­ber 2018, the Ukrain­i­an Pres­id­ent signed Law No. 2628-VIII dated 23 Novem­ber 2018 “On Amend­ment to the Tax Code and Cer­tain Oth­er Leg­al Acts of Ukraine in Re­la­tion to Im­prove­ment of Man­age­ment and Re­vi­sion of Cer­tain Taxes” (the “Law”), which among.
13/12/2018
Ukraine ad­opts law on mari­time con­tigu­ous zone
On 6 Decem­ber 2018 the Ukrain­i­an par­lia­ment ad­op­ted Ukraine’s Con­tigu­ous Zone Law (the “Law”) that gov­erns the ex­er­cise by Ukraine of its sov­er­eign powers with re­spect to Ukraine’s mari­time con­tigu­ous zone.
05/12/2018
Ukrain­i­an of­fi­cials strengthen bor­der entry con­trol dur­ing tem­por­ary...
Fol­low­ing the in­tro­duc­tion of mar­tial law in Ukraine (ef­fect­ive since 28 Novem­ber 2018, more de­tails here), on 30 Novem­ber 2018, the Pres­id­ent of Ukraine an­nounced in so­cial me­dia re­stric­tion on the entry to Ukraine of male Rus­si­an na­tion­als between the ages.
22/11/2018
New re­port | Con­nec­ted Fu­ture: in­vest­ment op­por­tun­it­ies in the rad­ic­ally...
Tech­no­logy-driv­en trans­form­a­tions are not only dis­rupt­ing our every­day lives, but are also rad­ic­ally trans­form­ing the in­fra­struc­ture sec­tor. On the one hand, in­nov­a­tion is driv­ing an up­grade of ex­ist­ing in­fra­struc­ture, such as di­git­al; on the oth­er hand, it.
06/11/2018
Ukraine launches Fi­nal Stage of PJSC Centrenergo Privat­isa­tion
The privat­isa­tion of one of Ukraine’s largest elec­tri­city and en­ergy pro­du­cers is now un­der­way. On 23 Oc­to­ber 2018, the Ukrain­i­an gov­ern­ment pub­lished long-awaited Res­ol­u­tion No. 576-r (the “Res­ol­u­tion”) launch­ing the fi­nal stage of the privat­isa­tion of Pub­lic.