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Events > IFA Ukraine > IFA Ukraine Business Focused Meeting: Agricultural Sector

IFA Ukraine Business Focused Meeting: Agricultural Sector

28 april, 2015, Kyiv, Ukraine

The second IFA Ukraine's Business Focused Meeting was dedicated to tax and legal aspects issues in the Ukrainian agricultural sector.

IFA Ukraine experts and representatives from agricultural business discussed key challenges of the current situation in the market (special VAT regime, unified tax, land lease issues, cross-border structuring, landmark court cases etc), as well as considered latest news on reform initiatives and discussed possible impact of expected trends on the business.

The speakers' panel was joined by Roman Blazhko, Lavrynovych & Partners Law Firm, Oleh Boichuk, Egorov Puginsky Afanasiev & Partners, Oleksandr Borodkin, Vasil Kisil & Partners, Oleh Derliuk, ICF Legal Services, Anzhelika Livitska, Dentons, Arsen Miliutin, Egorov Puginsky Afanasiev & Partners, Mikhail Sokolov, Kesarev Consulting, Kateryna Manoylenko, Gvozdiy & Oberkovych Law Firm, and Natalya Ulyanova, ICF Legal Services.

Oleksandr Borodkin presented the general overview of the current status of the agricultural market, giving special focus to factors that complicate full-fledged financing of the sector, such as low liquidity of the banks, no land market in place, low efficiency of quasi-financial instruments (promissory notes, futures, forwards, etc), and currency restrictions of the National Bank of Ukraine.

Roman Blazhko touched upon issues of special taxations regimes for various categories of agri-market players, as well as discussed latest legislative novelties and problematic aspects of their implementation. Roman also gave an overview of the latest court practice with regard to application of special VAT regime.

Kateryna Manoylenko briefed the attendees on application of court practice in regulation of contractual relations in the agrarian sector. Kateryna focused on land payments, latest court practice in agricultural sector, and on appeal of decisions on the change of the normative value of the land.

Natalia Ulyanova and Oleh Derliuk outlined key instruments that are required for building trading relations with EU countries, paying specific attention to jurisdiction choice based on specificity of agrarian business, as well as to TP risks with regard to implementation of BEPS Action Plan.

Mikhail Sokolov debriefed seminar attendees on development phase of the Strategy for Development of Agricultural Sector and Agriculrutal Territories for 2015-20120, including on its taxation part. Participants discussed in this regard which way of the strategic development is more relevant for Ukraine (either EU or Brazil scenario).

Anzhelika Livitska in her presentation discussed problematic aspects of using land plots of agricultural designation. Anzhelika also outlined the reasons for which land auctions are not properly functioning, although procedural aspects are well settled in the Land Code of Ukraine.

Oleh Boichuk and Arsen Miliutin in their joint presentation covered the topic of particular antimonopoly and commercial risks in the contractual relations of agrarian businesses. Speakers presented typical situations when activity of agrarian companies with regard to land rent, storage and supply of agriproducts may be qualified as abuse of dominance and monopolization or anticompetitive concerted actions, binding to 10% fee of the group annual turnover.

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