Services - Law firm Bauman Kondratyuk

Legal Support for Doing Business in Poland

Legal support for Ukrainian and international business in Poland

For more than 10 years we have been guiding Ukrainian and international clients entering the Polish market — from company formation and tax structuring to investment protection and complex cross-border disputes. One firm, two jurisdictions, one chain of accountability.

Market entry and incorporation

We design the optimal structure for entering Poland — taking into account ownership, tax residency, banking and reporting obligations — and incorporate the chosen vehicle end-to-end, with corporate documents and KYC ready for the first transaction.

sp. z o.o., branch office, sole proprietorship
shareholder agreements and corporate governance
KYC, beneficial ownership, UBO filings

Tax structuring

We choose the taxation model that fits your business — not a template. We structure flows between Ukraine, Poland and third jurisdictions with attention to CIT, VAT, withholding taxes, transfer pricing and double tax treaties.

corporate and personal tax structuring
cross-border flows and transfer pricing
tax opinions and individual rulings

Banking and corporate accounts

We support clients through Polish bank compliance — from selecting the right bank for your profile to building the documentation package and accompanying you through KYC and source-of-funds reviews.

bank selection for non-resident clients
KYC and source-of-funds documentation
compliance with AML and CRS reporting

Residence and work permits

We obtain residence and work permits for business owners, executives and key employees relocating to Poland — and coordinate the relocation of families, including spouses, children and household.

residence permits for owners and managers
work permits and EU Blue Card
family relocation and dependants

Commercial contracts and operations

We draft, review and negotiate commercial contracts with Polish partners — from distribution and service agreements to construction, IT and licensing — and provide day-to-day legal support for your Polish entity.

commercial contracts with Polish partners
employment and contractor documentation
day-to-day legal support for the entity

Investment protection and disputes

We protect investors and entrepreneurs in disputes before Polish courts, arbitration and regulators — including bilateral investment treaty (BIT) protection, asset recovery and enforcement of judgments across jurisdictions.

commercial litigation and arbitration in Poland
BIT and investment protection claims
cross-border asset recovery and enforcement

HOW WE WORK

Four steps from idea to a working Polish company

Brief and NDA

We map your goals, ownership, planned operations and tax residency. We sign an NDA before receiving your group structure, financial data or sensitive commercial information.

Legal and tax diagnosis

We analyse the Polish and Ukrainian legal framework, applicable tax regimes and banking landscape. We assess the prospects of your project in percentages, not promises.

Roadmap

We design the action plan: corporate form, tax model, banking, residence permits, employment, deadlines and budget — all agreed with the client before the first filing.

Implementation and ongoing support

We incorporate the entity, open accounts, draft contracts, obtain permits and stay with the client for day-to-day support, audits and disputes.

CRITICAL STAGE

Why a well-built Polish structure costs less than fixing a broken one

Most disputes with Polish banks, tax authorities and counterparties are not born in the meeting room — they are born at the moment the company is registered, the bank account is opened and the first contract is signed. Here is how we prevent them before they become a problem.

Start

Tax and corporate architecture

We select the corporate form, ownership chain and tax regime for your real business model — not a template. We work with holding structures in the EU, UAE and the UK.

Transaction

Due diligence and legal opinion

We run tax and legal due diligence before each material transaction, issue a written legal opinion and embed contractual safeguards that move risk away from the client.

Control

Audit and compliance integrity

We control the legality of inspectors’ actions, document procedural breaches and build the evidentiary record for later appeal already during the audit itself.

Dispute

Strategy and evidence

Our position is built on the law and the case law of the Supreme Court — not on compromise. We run administrative and judicial tracks in parallel.

CLIENT SCENARIOS

What to do if…

Four typical situations for international business in Poland, where the cost of a correct decision in the first 72 hours is the difference between a smooth entry and a multi-month dispute. Expand each item to see the sequence of actions.

…you are planning to incorporate a company in Poland+

we analyse ownership, taxation and banking constraints for your profile;
we choose the corporate form (sp. z o.o., branch, sole proprietorship);
we prepare incorporation documents, UBO filings and KYC for the bank;
we register the entity and open the corporate account end-to-end.

…your Polish bank account is blocked or subject to compliance review+

within 24 hours we audit the existing KYC documentation and identify gaps;
we prepare a source-of-funds and source-of-wealth file for the bank;
we represent the client in communications with compliance officers;
where needed, we coordinate a controlled migration to another bank.

…you need to relocate owners, executives or key staff to Poland+

we obtain residence and work permits for owners and managers;
we coordinate family relocation: spouses, children, schools;
we align employment documentation with Polish labour law;
we ensure continuity of operations during the relocation period.

…you are in a commercial dispute with a Polish partner or regulator+

we assess the prospects of the case in percentages, not in promises;
we choose the venue — Polish courts, arbitration or BIT protection;
we represent the client through all instances and coordinate enforcement;
where applicable, we pursue cross-border asset recovery.

FIRST CONTACT

A conversation about your project in Poland — personally with the practice leader

Describe your situation — you will receive a clear assessment of prospects, a list of documents to work with and an indicative budget, with no empty promises.

OUR COMMITMENT

Attorney-client privilege

No detail of your ownership structure, transactions or disputes leaves the team that handles the matter.

Partner-level engagement

Your matter is handled personally by the practice leader. The client is never left alone with a junior lawyer — in court or before regulators.

White-Collar Crime and Investigations

Defence of corporates and private clients at every stage of proceedings

We handle criminal matters that arise around business: tax, economic, corruption, and offences in public office. We act for owners, executives, public officials, and private clients from the first summons through to the appellate stage.

Economic and tax offences

Tax evasion, money laundering, and sham business activity. We handle complex matters at the intersection of criminal and tax law.

articles 212, 209, 205 of the Criminal Code
disputes with the tax authorities
forensic financial expert examinations

Corruption cases

Defence in NABU, SAP, and SBI proceedings. We act for executives and public officials in matters involving tender procedures and public procurement.

NABU and SAP proceedings
public-procurement cases
asset declarations and conflicts of interest

Offences in public office

Abuse of power, exceeding authority, and negligence in office. We defend company executives, civil servants, and medical and education professionals.

articles 364, 365, 367 of the Criminal Code
examinations of official authority
assessment of economic consequences

Property crimes

Fraud, embezzlement, misappropriation of property. We act for victims and defendants in complex business conflicts.

articles 190, 191 of the Criminal Code
raider attacks on business
recovery of stolen property

Investigative measures and searches

Support during searches, temporary access to property, and questioning. We are available around the clock and attend the scene of any investigative measure without delay.

presence during a search
challenges to the conduct of investigators
return of seized property

Pre-trial restraint measures

Work on restraint measures — from personal recognisance through to pre-trial detention. We prepare the legal argument and pursue alternatives to custody.

release on bail
house arrest
modification and lifting of restraint measures

How we work

Defence that begins from the first minute of contact with investigators

Rapid response

Within Kyiv, our team reaches the scene of a search or the investigator’s office within the hour and signs the engagement on the spot — with no procedural delay.

Procedural analysis

We review the materials, assess the risks, and formulate the defence strategy. Key decisions are agreed with the client.

Active defence

We attend investigative measures, file motions, challenge unlawful decisions, and build the evidentiary base for trial.

Trial

We conduct the case at first instance, on appeal, and in cassation. We work until the proceedings are fully closed or an acquittal is secured.

Critical moments

Every minute counts in a criminal case

The earlier defence counsel is engaged, the more room the client has to manoeuvre. These are the moments at which professional help makes a real difference.

First hours

Search or detention

We engage immediately: we attend on site, document any procedural irregularities, and prevent unnecessary statements. This is the moment at which the entire course of the case is set.

Day 1–3

Restraint measure

We prepare the argument to avoid pre-trial detention — alternative measures, surety, or bail. We argue the position before the judge at the hearing.

Months 1–6

Pre-trial investigation

We attend investigative measures, challenge unlawful steps, and file motions for closure or reclassification.

Months 6–18

Trial

We defend at first instance and, where required, prepare the appeal. We work until full closure of the proceedings or an acquittal.

Scenarios

What to do if

Practical guidance for typical situations in criminal proceedings, where the first response often determines the outcome.

Investigators have arrived with a search warrant+

do not allow the search to start without counsel — you are entitled to wait
check the court warrant on site — its particulars, validity, and scope
record everything on video, unless the warrant prohibits it
call us — within Kyiv, we will be on site within the hour

You have been summoned for questioning+

verify your status — witness, suspect, or accused
status fundamentally affects your rights and obligations
do not give statements without counsel, even as a witness
contact us in advance — we will prepare the position and attend with you

Someone close to you has been detained+

find out the location — temporary holding, pre-trial detention centre, district
detention the limit is seventy-two hours without a court decision
we will obtain a visit and establish contact with the client
in parallel we prepare a motion for an alternative restraint measure

Proceedings have been opened against your company+

verify the status of the company and its officers
do not destroy any documents — doing so is a separate offence
secure the originals of contracts, deeds, and correspondence
contact us — we will design the strategy for dealings with the investigators

First contact

First consultation — in person or over a secure channel

In criminal matters, the details are discussed only on a strictly confidential basis. First contact with the client is handled by a senior partner, who remains in touch at the critical moments of the proceedings.

Our commitment

Attorney-client privilege

No detail of the conversation with the client, no item of evidence, and no element of strategy leaves the team handling the matter.

Partner involvement

The partner leading the practice works on your matter personally. The client is never left alone with investigators, or in the hands of a junior lawyer.

Tax Law and Tax Disputes

End-to-end tax counsel

We help corporates and private clients to take tax decisions that hold up under scrutiny by the tax authorities. We structure transactions, manage audits, and resolve disputes — in administrative proceedings and in court.

Tax planning

We design tailored tax strategies for corporates and for private clients. We review financing arrangements, real-estate and securities transactions, and group structures with a view to lawful, defensible optimisation.

strategies for corporates and private clients
tax structuring of transactions and M&A
individual tax rulings and advance opinions

Tax audit support

We prepare the company for scheduled and unscheduled tax audits, attend every stage of the process, and record any procedural irregularities on the part of the authorities. We build the evidentiary record for a future appeal while the audit is still in progress.

pre-audit preparation
full audit support
documenting procedural irregularities

Administrative appeals

We draft and file administrative complaints and represent clients before the State Tax Service, the Ministry of Finance, and other authorities. In many cases the matter is resolved before it reaches court.

appeals against tax notices
objections to audit reports
representation before the STS

Tax litigation

We challenge decisions of the tax authorities before the administrative courts at every instance, up to the Supreme Court. Our work covers VAT refunds, the blocking of tax invoices, corporate income tax assessments, and financial penalties.

every instance, up to the Supreme Court
VAT and blocked tax invoices
reversal of assessments and penalties

Customs disputes

We represent taxpayers in disputes over customs valuation, tariff classification, country of origin, and the application of preferential regimes. We handle post-clearance audits and appeals against decisions of the customs authorities.

customs valuation and classification
preferential regimes and origin
post-clearance audits and appeals

Private clients and non-residents

We advise on income reporting, the taxation of foreign assets, controlled foreign companies (CFC), and automatic exchange of information under the CRS. We represent private clients in disputes with the tax authorities.

declarations and CFC
foreign assets and CRS
inheritance and real estate

HOW WE WORK

Four steps to a measured outcome

Request and briefing

We agree on the objectives, the risks, and the constraints. We sign an NDA before reviewing any primary documents or the client’s prior tax record.

Diagnosis of tax position

We review primary documents, contracts, accounting records, tax notices, and audit reports. We map the areas of risk and assess prospects in figures, not promises.

Roadmap

We set out the plan of action: procedural deadlines, parallel appeal tracks, evidence to be gathered, and a budget. Each step is agreed with the client before work begins.

Execution and defence

We draft procedural filings, handle administrative and judicial appeals, and represent the client before the tax authorities, the customs service, and the courts at every instance.

CRITICAL STAGE

Why sound structure costs less than a tax assessment

Most assessments, fines, and criminal proceedings have their origin not in the inspector’s office, but at the stage of signing the contract and structuring the transaction. This is how we prevent problems long before the authorities take notice.

Start

Tax model architecture

We select the tax regime, holding jurisdictions, and intra-group cash flows to match the real commercial objectives — not a template. We work with holding structures in the EU, the UK, and the UAE.

Deal

Tax due diligence and tax opinions

We run pre-transaction tax due diligence, issue written tax opinions, and draft contractual safeguards that shift tax risk away from the client.

Audit

Procedural integrity

We monitor the lawfulness of inspectors’ actions, record procedural irregularities, and build the evidentiary base for a future appeal while the audit is still ongoing.

Dispute

Strategy and evidence

We build the position on the law and on Supreme Court authority — not on compromise. Administrative and judicial appeals are pursued in parallel.

ACTION SCENARIOS

What to do, if…

Four typical situations in which the cost of the right response in the first twenty-four hours is measured in tens of millions of hryvnias of tax exposure. Expand each scenario to see the order in which we act.

…you have received an information request or an audit order+

we verify the legal grounds and the inspectors’ authority;
we brief management and staff, and restrict communications;
we determine which documents must be produced and which need not be;
we record procedural breaches for later appeal.

…a tax invoice has been blocked or VAT registration suspended+

we analyse the grounds for blocking and the risk criteria that were triggered;
we prepare a set of explanations and primary documents to lift the block;
in parallel, we file an administrative appeal and court proceedings;
we restore the client’s VAT-payer status and lift the restrictions.

…you have received a tax assessment notice with additional charges and a penalty+

we assess the prospects of reversal, on both the law and the case-law;
we suspend the deadline for payment by filing the complaint;
we appeal the assessment administratively and in court;
we run the case through every instance, up to the Supreme Court.

…criminal proceedings have been opened under Art. 212 of the Criminal Code+

we coordinate the tax and criminal-defence tracks within a single strategy;
we attend interviews, searches, and document seizures;
we challenge the alleged unlawful benefit — the central element of the offence;
we secure either the closure of the proceedings or an acquittal at trial.

FIRST CONTACT

A conversation about your matter — directly with the partner leading the practice

Describe the situation and you will receive a clear assessment of prospects, a list of documents to work with, and an indicative budget — without empty promises.

OUR COMMITMENT

Attorney-client privilege

No detail of the client’s tax position, transactions, or dispute leaves the team handling the matter.

Partner involvement

The partner leading the practice works on your matter personally. The client is never left in the hands of a junior lawyer alone.

Corporate Law

End-to-end support on corporate decisions

We help owners and investors make corporate decisions that hold up over time — and under scrutiny by the regulators. We structure ownership, close M&A transactions, resolve shareholder disputes, and prepare businesses for investment.

Incorporation and registration

We incorporate and register companies, branches, and representative offices of foreign entities, selecting the corporate form best suited to the business model and the tax position.

legal entities and branches
representative offices of non-resident entities
choice of corporate form

Changes within the company

We advise on changes of management and of shareholder composition, and on amendments to the constitutional documents. We draft minutes, resolutions, and revised charters, and complete all filings with the state registrar.

changes of management and shareholders
amendments to the constitutional documents
registration filings

Corporate reorganisations

We act on the reorganisation of legal entities — statutory mergers, acquisitions, and spin-offs, divisions, and conversions. We prepare the transfer and division balance sheets and coordinate with the notaries, the state registrar, and the banks.

statutory mergers, acquisitions, and spin-offs
divisions and conversions
transfer and division balance sheets

Corporate governance

We draft and review the company’s internal documents and convene ordinary and extraordinary shareholders’ meetings. We ensure the procedural integrity of every decision so that it stands up to subsequent challenge.

internal documents and policies
shareholders’ meetings
protection of corporate decisions

Corporate disputes

We act for companies and their owners in shareholder conflicts, in deadlock scenarios, against hostile takeover attempts, and in disputes over corporate control. We combine court representation with parallel civil and, where necessary, criminal tracks.

shareholder and member disputes
protection of corporate control
response to hostile takeover attempts

M&A and due diligence

We carry out legal due diligence on the target, structure share and participation-interest transactions, and prepare SPAs, SHAs, and option agreements. We also act on company exit through voluntary liquidation.

legal due diligence
SPAs, SHAs, and option agreements
company liquidation

Practice Lead

Mariia Koshova

Attorney-at-Law · Head of Corporate Law Practice

Mariia supports businesses across the full cycle of corporate decisions — from company formation and ownership structuring to complex M&A transactions and resolution of corporate disputes. She combines a deep knowledge of Ukrainian corporate law with hands-on experience of cross-border transactions and due diligence for foreign investors.

Profile and Experience

Contacts

How we work

Four steps to a structured solution

Instruction and briefing

We agree the objectives, the risks, and the constraints of the engagement. An NDA is in place before we review any confidential corporate documents.

Structure analysis

We review the constitutional documents, the registry data, the ultimate beneficial ownership, and the internal policies, and map the corporate risk profile.

Roadmap

We design an action plan covering the registration steps, the notarial and tax workstreams, the regulatory clearances, and the closing timeline.

Execution and defence

We deliver end-to-end: drafting, convening the meetings, registering the changes, and defending those changes against any later challenge.

Critical stage

Why sound structure is cheaper than litigation

Most corporate disputes do not begin in moments of crisis — they are seeded at incorporation, in the allocation of shares, and in the design of the decision-making process. This is how we anticipate them.

Start

Ownership architecture

We design an ownership structure that fits the company’s commercial objectives, its tax position, and the investor requirements. We routinely work with EU holding platforms.

Launch

Charter and SHA

We draft the charter and the shareholders’ agreement, with minority protections, options, and drag-along and tag-along clauses. We fix the exit procedure for each participant.

Operations

Decision-making procedure

We design the corporate decision-making process — notices, quorum, minutes — so that each resolution is insulated from later challenge.

M&A

Due diligence and closing

We run pre-signing legal due diligence and draft SPAs containing warranties, conditions precedent, and escrow mechanics. Closing is coordinated with the notary and the state registrar.

Action scenarios

What to do, if…

Four recurring corporate situations in which the value of the right early response can be measured as a significant percentage of company value. Expand each item for the recommended sequence.

…a partner wishes to exit the company

Check the charter and the shareholders’ agreement — they may set the exit procedure, the pre-emptive rights, and the buy-out formula.
Record the date of the exit notice — the settlement deadlines run from that date.
Commission a net-asset valuation to determine the correct level of compensation.
Do not make hasty payment decisions before assessing the tax consequences.

…you are looking to bring in an investor

Prepare the company for due diligence: close any open tax periods, tidy up the registers, and update the constitutional documents.
Agree the term sheet before the investor’s lawyers come on board — it saves weeks of negotiation.
Structure the transaction through an SHA with options, drag-along and tag-along rights, and a defined exit mechanism.
Provide for escrow and conditions precedent to closing.

…you are buying a company or a share

Commission legal, financial, and tax due diligence — it pays for itself during price negotiations.
Check share encumbrances, corporate decisions of the last 3 years, ongoing disputes, and employment risks.
Provide for seller warranties, indemnities, and liability caps in the SPA.
Use escrow or deferred payments to cover known risks.

…a dispute among the shareholders is emerging

Secure all the key documents and access points — registers, seals, online banking, domains, and digital signatures.
Check the charter for deadlock mechanisms and emergency exit procedures.
Do not take unilateral decisions without legal review — doing so may strengthen the opponent’s position.
Consider mediation before filing a claim — it is often faster and cheaper than litigation.

First contact

A conversation about your task — directly with the practice lead

Describe the situation — you will receive a clear assessment of the prospects, the list of documents we need to review and an indicative budget. No empty promises.

Get in touch

Our commitment

Attorney-client privilege

No detail of the ownership structure, negotiations or transaction leaves the team handling the matter.

Partner involvement

The practice lead personally runs the matter. The client is never left alone with a junior lawyer at a decisive moment.

Dispute Resolution

Protecting our clients’ interests in the courts at every level

We act for Ukrainian and international clients in commercial, civil, administrative, and tax disputes. We design the strategy before filing, run the trial at first instance, and defend the outcome on appeal and in cassation — up to and including the Supreme Court of Ukraine.

Commercial disputes

Debt recovery, contractual enforcement, corporate conflicts, and shareholder disputes — including matters arising under contracts governed by multiple jurisdictions.

debt recovery and enforcement
contractual and tortious claims
corporate and shareholder disputes

Administrative disputes

Challenges to decisions of the tax, customs, competition, and other regulatory authorities. We build the evidentiary record and run the case from filing through to cassation.

challenges to tax assessments
customs and competition matters
appeals against acts of local authorities

Civil disputes

Property and non-property claims, including inheritance, reall estate and damages. We act for private clients, executives and business owners.

real estate disputes
inheritance disputes
damages claims

Intellectual property disputes

Enforcement and defence of trademarks, copyright, know-how and trade secrets. We act for both claimants and respondents.

trademark protection
copyright disputes
unfair-competition claims

Enforcement

Support at the enforcement stage — engagement with enforcement officers, challenges to their actions, and the tracing and attachment of debtor assets.

state and private enforcement officers
attachment and sale of assets
challenges to enforcement actions

International arbitration

Representation in international commercial arbitration — including the ICAC, LCIA, ICC, and SCC — and the recognition and enforcement of foreign arbitral awards in Ukraine.

international commercial arbitration
recognition and enforcement of awards
investment-treaty arbitration

How we work

Four stages, from first consultation to the result

Position analysis

We review the documents, assess the prospects, and identify the risks. An NDA is in place before we receive anything sensitive.

Procedural strategy

We define the objective, the tactical plan, and the evidentiary set. Key decisions are taken with the client, and the litigation budget is agreed in advance.

Case handling

We prepare the procedural documents, attend hearings, respond to the opponent’s moves, and keep the client informed throughout.

Enforcement

We work with the enforcement service, recover against the debtor’s assets, and pursue the matter through to full recovery of what was awarded.

Critical stages

How a dispute unfolds over time

Litigation is not a single event but a sequence of moments in which precision and timing determine the outcome. Set out below is how a typical case develops.

Week 1

Prospects review

We review the documents, assess the prospects, and build the legal position and the forecast. If the case has no merit, we say so on day one.

Weeks 2–3

Filing the claim

We prepare the procedural documents, marshal the evidence, instruct experts where required, settle the court fee, and file the statement of claim.

Months 2–8

First instance

We attend hearings, file motions, and respond to the defendant’s position. We keep the client informed at every step.

Months 9–18

Appeal and cassation

Where required, we challenge the decision or defend it before the higher courts, and we prepare for enforcement as soon as the judgment becomes final.

Scenarios

What to do if

Practical guidance for typical situations in which a decision must be taken within a few days. The concrete steps as we run them in practice.

A claim has been filed against your company+

check the deadline for the response — normally fifteen days
gather all documents on the disputed matter; do not destroy correspondence
do not contact the claimant without coordinating with counsel
contact us within three days — that allows time for a robust response

The debtor is not complying with the court decision+

obtain the writ of execution from the court registry
choose the enforcement officer — state or private, which affects speed
check the debtor’s assets in the public registries
contact us — we will help locate hidden assets and realise them

Preparing an appeal against an adverse decision+

the deadline is thirty days from service of the full reasoned decision
gather the arguments on errors of law and on misassessment of evidence
review the prospects with the lawyer who ran the first instance
if the strategy needs to change, we bring in another lawyer from our team

A foreign counterparty has filed an arbitration at the ICAC against you+

check the arbitration clause — language, governing law, and number of arbitrators
the deadline for response is normally twenty-one or thirty days
do not miss the appointment of arbitrators — doing so means loss of control
contact us within a week — arbitrator selection and strategy take time

First contact

A preliminary consultation to discuss your case

First contact with the client is handled by a senior partner. The partner leading the practice then builds the team for the matter and coordinates it at every critical stage.

Our commitment

Attorney-client privilege

No detail of the case, of the evidence, or of the litigation strategy leaves the team handling it.

Partner involvement

The partner leading the practice runs the matter personally. The client is never left in the hands of a junior lawyer in court or at a decisive moment.

Government Relations (GR)

Engagement with the state, from a single request to a legislative initiative

We help businesses build working relationships with the authorities. We draft positions, letters, and expert opinions; represent clients at committee hearings; and lead the dialogue on regulatory change.

Regulatory support

Licences, permits, and approvals. We work in tightly regulated sectors: financial services, energy, telecoms, pharmaceuticals, and agriculture.

licences and permits
support during inspections
engagement with the regulator

Engagement with supervisory authorities

We support clients through inspections by the State Tax Service, the State Labour Service, the Antimonopoly Committee, and the consumer-protection authority, and we challenge procedural irregularities and unlawful acts of inspectors.

support during scheduled inspections
response to unscheduled inspections
challenges to acts and decisions

Advocacy and communications

We engage with parliamentary committees, ministries, and the Cabinet on position papers, expert opinions, and legislative amendments.

work with parliamentary committees
expert support for legislative change
engagement with ministries

Public procurement

Support for tender participants from bid preparation through to contract signature. Challenges to procedural breaches on Prozorro and before the AMCU.

tender bid preparation
support through Prozorro procedures
challenges to tender outcomes

Anti-corruption compliance

We build anti-corruption frameworks within the company: policies, training, and internal investigations. Preparation for NACP inspections.

anti-corruption programmes
NACP inspections
asset declarations of officials

Public-law disputes

Administrative claims against the supervisory authorities, constitutional complaints, and challenges to regulatory acts, including matters that shape precedent.

administrative claims
disputes over regulatory acts
constitutional complaints

How we work

Four stages from regulatory risk assessment to the result

Risk mapping

We analyse the regulatory environment, identify the points of contact with the state, and assess the risks and the opportunities.

Engagement strategy

We design the plan: where to negotiate, where to litigate, and where to take a public position. We define the outcome we are working towards.

Execution

We prepare the documents, represent the client at meetings, file claims, and engage with the media where appropriate.

Consolidation

We consolidate what has been achieved — update internal procedures, prepare for future inspections, and keep communication channels open.

Critical moments

When GR advice changes the trajectory of a business

Not every state decision is inevitable. There is often a window in which a company can influence the regulation, the format of an inspection, or the interpretation of a rule. These are the moments at which we have the greatest impact.

Week 1

Start of an inspection

The first days set the entire course of the inspection. We prepare the position, the rules of communication with inspectors, and the protocols for handling document requests.

Month 1

Preparation of a regulatory act

If the draft is moving forward, this is when the result is shaped. We prepare alternative drafting, expert opinions, and briefings for the sponsors.

Months 2–6

Dialogue with the regulator

Systematic work: working groups, expert discussions, and reasoned letters. This is where interpretation and practice settle.

Months 6–12

Consolidating the position

First court rulings, first clarification letters, first precedents. This is where a systemic outcome for the whole sector takes shape.

Scenarios

What to do if

Practical guidance for typical situations in dealings with the state, where the first twenty-four to seventy-two hours determine everything that follows.

An unscheduled inspection has arrived+

check the grounds — they must appear in the order or notice
record the identity of the inspectors and the scope of their authority
do not hand over the originals without an inventory
contact us — we will support the inspection from the first hour

You have received an inspection report citing breaches+

the objections deadline is normally five working days
gather the documents and the arguments on each alleged breach
decide what to challenge and where to negotiate a lower penalty
contact us — we will prepare the objections and see you through to the decision

A law affecting your industry is being prepared+

the draft is on the parliamentary website — start with a textual analysis
identify the sponsor and the lead committee, and track the timetable
draft alternative wording with a reasoned justification
contact us — we will help take your position to the right people

You are bidding in a major tender+

check the qualification requirements — does the company qualify
review the competitors on Prozorro — past wins and pricing
prepare the bid with the full documentation file
contact us — we will support the filing and prepare any challenges that may be needed

First contact

First meeting — on the regulatory landscape and the real points of influence

GR is a long-term relationship, not a one-off project. First contact with the client is handled by a senior partner. The partner builds the team and remains the personal point of contact throughout the engagement.

Our commitment

Attorney-client privilege

No detail of the dealings with the state, the expert position, or the strategy leaves the team handling the matter.

Partner involvement

The partner leading the practice works on your matter personally. The client is never left alone with the regulator, or in the hands of a junior lawyer.

Real Estate and Construction

Legal counsel on projects — from land through to commissioning

We advise on the full life cycle of a real-estate asset — from land acquisition and rezoning, through design, construction, and commissioning, to subsequent sale, leasing, or asset management.

Land relations

Acquisition, leasing, and rezoning of land. We advise on private, state, and municipal land, including transactions conducted through land auctions.

acquisition and lease of land
rezoning and change of designated use
participation in land auctions and tenders

Permit documentation

Urban-planning and technical conditions, expert review of design documentation, and construction permits — across all building categories.

urban planning and technical conditions
expert review of design documentation
construction permit

Construction contracts

We draft the main contracts and subcontracts, monitor performance, and resolve disputes over scope, quality, and delivery. We routinely work with FIDIC standard forms.

general contracting and subcontracting
FIDIC suite of contracts
scope, quality and delay disputes

Commissioning

We accompany the commissioning procedure from technical inspection through to certification, liaise with the construction inspectorate and register title to the completed asset.

technical acceptance and inspection
certificate of conformity
registration of title

Real estate transactions

Acquisition and disposal of commercial and residential property, leasing, investment and developer agreements — each underpinned by full legal due diligence on the asset.

acquisition, disposal and lease
legal due diligence on the asset
investment and developer agreements

Construction disputes

Disputes with contractors, with regulators, with neighbouring landowners, and with apartment buyers — including the cancellation of registrations, challenges to permits, and recovery of damages.

disputes with main contractors and subcontractors
challenges to permits and registrations
disputes with investors and unit buyers

How we work

Four stages, from asset assessment through to closing

Due diligence

We review the plot, the permits, the encumbrances, and the chain of ownership. The risks are identified before the client commits significant capital.

Project structuring

We select the optimal form — direct ownership, investment agreement, or joint venture — with the tax and regulatory consequences fully factored in.

Execution

We draft and negotiate the contracts, run the permit procedures, and coordinate with the notaries, the state registrar, and the contractors.

Closing and follow-up

We register the title, oversee the hand-over, and prepare the asset for operation. We remain on call for any subsequent transactions and disputes.

Critical stages

Where the greatest risks lie in a development project

A construction project is a long exercise in which an early mistake is the most expensive one. These are the points at which focused legal attention delivers the greatest return.

Month 1

Land due diligence

Review of the chain of ownership, the encumbrances, the permits, and conformity with the designated use. This stage determines whether to enter the project at all.

Months 2–6

Permit stage

Urban planning and technical conditions, expert review of design documentation and the construction permit. The longest and most exposed phase: every error here is measured in months.

Months 6–24

Construction

Oversight of the contracts, supervision of the construction schedule, and response to claims from neighbours and supervisory authorities.

Months 24–30

Commissioning

Technical acceptance, certificate of conformity, and registration of title. The point at which the project becomes a marketable asset.

Scenarios

What to do if

Practical guidance for typical situations in real-estate projects, where the first steps shape the options that follow.

You are considering buying land+

request an extract from the Register of Real Rights — verify the owner and any encumbrances
check the designated use and the urban-planning documentation
assess the utilities — gas, water, electricity, and access
contact us — we will carry out full legal due diligence before signing

The contractor is missing the construction deadlines+

check the contract terms on penalties and termination
document breaches in writing and correspondence
have the works inspected by an independent technical expert
contact us — we will design a strategy for recovery or contractor replacement

The inspectorate has refused a permit or certificate+

obtain the reasoned refusal in writing
the deadline for appeal is one month from service
in parallel, address the comments for resubmission
contact us — we will assess the prospect of challenge against refiling

A neighbour challenges the construction permit+

verify that all public-hearing requirements were met
gather evidence of lawful permits and expert reviews
assess the risk of a court-ordered suspension of works
contact us — we will prepare the position and represent you in court

First contact

A preliminary consultation to discuss the project

First contact with the client is handled by a senior partner. The partner leading the practice then builds the team to fit the specifics of the project and coordinates the engagement at every critical stage.

Our commitment

Attorney-client privilege

No detail of the project, of the financial model, or of the legal strategy leaves the team handling the transaction.

Partner involvement

The partner leading the practice runs the project personally. The client is never left in the hands of a junior lawyer in complex negotiations or before a regulator.

Employment and Immigration Law

Employment relationships without risk to the employer

We advise employers on the HR decisions that stand up to State Labour Service inspections and to scrutiny by the courts. We build the documentation, manage workforce reductions, and resolve employment disputes — from negotiation through to litigation.

Employment documentation

We draft employment contracts, executive service agreements, and the internal policies on which every HR decision rests. Every document is drafted to be defended in court and on inspection.

employment contracts and executive service agreements
internal employment, remuneration, and remote-working policies
confidentiality and employee data-protection policies

The employment lifecycle

We support the employer at every stage of the employment relationship, from hiring through to termination. We prevent the procedural missteps that lead to reinstatements and to compensation awards.

hiring, transfers, and changes to essential terms
dismissals on the employer’s initiative
workforce reductions and reorganisations

Employment disputes and representation

We represent employers in disputes with employees, trade unions, and the State Labour Service, at every instance up to the Supreme Court.

litigation over reinstatement, unpaid wages, and compensation
negotiations with departing executives and senior management
support during State Labour Service inspections and appeals against enforcement orders

Immigration and foreign personnel

Legal authorisation to work in Ukraine for foreign nationals, and support for international teams — from the first work permit to the relocation of the executive’s family.

work permits for foreign nationals
temporary and permanent residence permits
relocation of executives and their families

Collective employment relations

We advise on dealings with trade unions, employee councils, and the workforce as a whole — where the cost of a mistake is a strike, a collective dispute, or damage to the employer’s reputation.

collective bargaining and collective agreements
information and consultation procedures
strategy in strike action and collective disputes

Employee data protection

We design the processing of personal data in HR processes in line with Ukrainian and European law — so that employee data is not the basis for a fine or a claim.

audit of HR processes for GDPR and Labour Code compliance
policies, consents, and privacy notices
support in responding to data-subject requests and data breaches

HOW WE WORK

A clear sequence — from assessment to outcome

Situation review

We review the documents, the factual matrix, and HR decisions already taken. We identify the gaps that, on inspection or in a dispute, become financial penalties and compensation awards.

Roadmap

We set out the plan of action: document upgrades, sequence of procedures, statutory deadlines, dismissal schedule or immigration legalisation — agreed with the client before work begins.

Implementation and defence

We prepare the documents, run the HR procedures, and represent the employer in disputes with employees, trade unions, and the State Labour Service, before the authorities and the courts at every instance.

TIMELINE OF ENGAGEMENT

The moment when bringing in counsel saves the company months of dispute

Four key moments in the life of a business where a timely legal decision gives the employer a strategic advantage.

Start

Employment architecture

We choose the form of contract, the internal policies, and the remuneration arrangement to match the client’s actual business model — not a template. We work with structures involving foreign personnel and cross-border groups.

Decision

HR due diligence and legal opinion

Before a workforce reduction, a disciplinary dismissal, or a change to working conditions, we carry out a written risk assessment and issue a legal opinion that shields management from personal liability.

Inspection

Procedural integrity

We monitor the lawfulness of the inspectors’ conduct, document any procedural irregularities, and build the evidentiary base for a future appeal while the inspection is still ongoing.

Dispute

Strategy and evidence

We build the position on the Labour Code and Supreme Court authority — not on compromise. Administrative and judicial proceedings are pursued in parallel.

ACTION SCENARIOS

What to do if…

Four typical employer situations in which the cost of the right response in the first seventy-two hours is the difference between containment and a months-long dispute. Expand each scenario to see the order in which we act.

…you have received notice of a State Labour Service inspection+

we analyse the subject and grounds of the inspection and prepare the documentary file;
we brief the HR team on dealings with the inspector;
we attend the on-site inspection and record any procedural irregularities;
we prepare objections to the inspection report and challenge the enforcement order in court.

…you are planning a workforce reduction or restructuring+

we design the procedure on the basis of the Labour Code and Supreme Court authority;
we prepare a full documentary file for each employee at risk of dismissal;
we conduct negotiations with the trade unions and the employee council;
we minimise the risk of reinstatement claims and compensation awards.

…an employee challenges a dismissal or claims unpaid sums+

we review the facts, the documentation, and the case-law on comparable matters;
we assess the prospects of the case in figures, not in promises;
we choose the strategy — settlement, mediation, or litigation — by reference to the client’s commercial objectives;
we represent the employer in the civil courts at every instance up to the Supreme Court.

…you are hiring a foreign national or relocating an executive to Ukraine+

we handle the full legal authorisation to work: work permit, residence, registration;
we coordinate the process with the migration service, the employer, and the bank;
we organise the relocation of the executive’s family;
we ensure that the foreign national’s employment continues without interruption.

FIRST CONTACT

A conversation about your HR situation — directly with the partner leading the practice

Describe the situation and you will receive a clear assessment of prospects, a list of documents to work on, and an indicative budget — without empty promises.

OUR COMMITMENT

Attorney-client privilege

No detail of the HR position, restructuring plans, or employee dispute leaves the team handling the matter.

Partner-level engagement

The partner leading the practice works on your matter personally. The client is never left in the hands of a junior lawyer alone — not in court, and not on inspection.

Investment Support

Legal counsel for investors and for investment projects in Ukraine

We advise on inbound and domestic direct investment, the privatisation of state-owned assets, M&A transactions, and projects in energy, real estate, agriculture, and the non-banking financial sector. We work alongside investors from due diligence through to closing and post-investment support.

Investment structuring

We select the optimal jurisdiction and route of entry into a Ukrainian asset. We work with holding structures, SPVs, and investment funds.

choice of jurisdiction and investment vehicle
shareholders’ agreements (SHAs)
minority and investor protections in the ownership structure

Due diligence

Legal, tax, and compliance review of the asset prior to investment. We identify the risks that bear on price and on transaction terms.

corporate and title review
land and real-estate title checks
litigation and regulatory risk assessment

M&A and privatisation

We advise on mergers and acquisitions, on bidding in privatisation auctions, and on the acquisition of state-owned and private assets.

SPAs, SHAs, and escrow agreements
participation in privatisation tenders
merger clearance before the AMCU

Permits and regulation

Securing the licences, permits, and approvals required to enter regulated sectors.

licences in financial services and energy
permits to acquire land
liaison with the NSSMC, the NEURC, and the NBU

Customs and cross-border trade

Customs clearance of equipment and raw materials for investment projects, and support on foreign-trade contracts and currency transactions.

customs clearance and tariff classification
NBU currency-control support
appeals against decisions of the customs authorities

Investment protection

Representation of the investor in disputes with counterparties and with state and supervisory authorities. We act before the Ukrainian courts and in international arbitration.

disputes over corporate control
challenges to the actions of supervisory authorities
international investment arbitration

Head of practice

Oleksandr Kondratyuk

Partner · Head of the investment practice

Oleksandr advises investors at every stage of the investment lifecycle, from asset valuation and entry structuring through to closing and post-investment support. He combines an in-depth knowledge of Ukrainian corporate, regulatory, and tax law with hands-on experience in cross-border M&A, privatisation transactions, and due diligence for foreign investors.

Profile and experience

Contact

How we work

Support at every stage of the investment, from inception through to exit

Opportunity assessment

We analyse the sector, the regulatory environment, and the investment risks. We advise on the route of entry and on the form the investment should take.

Due diligence and structuring

We review the asset, design the transaction structure, and optimise the tax and currency-control consequences of the investment.

Closing

We draft and negotiate the contracts, obtain the regulatory clearances, and support settlement and registration.

Post-investment support

We help to run the asset: corporate governance, contracts, disputes, dealings with state authorities, and exit from the project.

Key stages

An investment is a sequence of legal decisions

The earlier counsel is brought in, the more leverage the investor retains over the terms of the transaction and its long-term outcome.

Weeks 1–2

Project assessment

We agree the investment objective, the target asset, the budget, and the exit horizon. We prepare a short legal memorandum on the sector.

Weeks 2–6

Due diligence

Legal, tax, and regulatory review of the asset. We deliver a report identifying the risks and our recommendations on deal terms.

Months 2–4

Transaction structuring

We prepare the SPA, the SHA, and the escrow agreements, obtain AMCU and sectoral regulatory clearances, and agree the settlement terms.

Post-closing

Asset management

Corporate governance, contracts, regulatory inspections, protection of the investment in dispute, and preparation for exit.

Action scenarios

What to do if

Brief guidance on the typical investment situations in which the first legal decision determines the success of the whole project.

You are planning to invest in a Ukrainian asset+

define the investment objective, the horizon, and the acceptable level of risk
do not sign a term sheet without legal review
commission a preliminary due diligence of the asset and the sector
contact us — and we will design the optimal entry structure

You are bidding in a privatisation auction+

review the auction terms and the lot before submitting a bid
assess hidden obligations and encumbrances over the asset
arrange funding sources and a bank guarantee
contact us — and we will support the bid and the contract

You are entering a regulated sector+

identify the licences and permits required before launch
factor in the timing of regulatory approvals
factor in the requirements as to ownership structure and source of capital
contact us — and we will prepare the full set of regulatory filings

The investment comes under regulatory or judicial pressure+

collect and preserve the transaction documents, corporate resolutions, and correspondence
do not provide written explanations to supervisory authorities without counsel
assess the options for international investment arbitration
contact us — and we will build a strategy to protect the investment

First contact

The first meeting with the investor — in person or over a secure communication channel

Details of an investment project are discussed only on a confidential basis. The investment practice is led by partner Oleksandr Kondratyuk, who personally handles first contact with the client and remains involved at the key moments of the transaction.

Assurance

Transaction confidentiality

The investment structure, the financial terms, and the client’s commercial arrangements never leave the team handling the project.

Partner involvement

Your project is led personally by the head of the practice, partner Oleksandr Kondratyuk. The client is never left to make a complex legal decision alone.

Private Client Practice

Confidential legal counsel for families with capital, businesses, and an international way of life

Bauman Kondratyuk Attorneys Association advises business founders, families with assets across multiple jurisdictions, and public figures. We work quietly, precisely, and for the long horizon — from day-to-day personal matters to structures designed to serve future generations.

Succession planning and wills

We design the architecture for passing assets within the family, so that capital reaches the heirs without conflict, tax leakage, or third-party interference.

wills, succession agreements, and lifetime gifts
contingency planning for incapacity and for unexpected events
coordination of succession across jurisdictions

Family offices, trusts, and foundations

We build wealth-holding structures — private foundations, trusts, holding companies, and nominee arrangements — with transparent governance and proper protection for beneficiaries.

family offices and asset management
trusts in recognised jurisdictions
governance, family charter, and voting trusts

Prenuptial agreements and family law

We protect the client’s private affairs: prenuptial and postnuptial agreements, division of property, maintenance, and arrangements for children — all handled confidentially and out of the public eye.

prenuptial and postnuptial agreements
division of corporate assets between the spouses
cross-border family disputes

Premium residential real estate

We advise on transactions involving residences, country estates, and investment real estate in Ukraine and abroad — with full legal and tax integrity.

purchase and sale of residences
real-estate holding structures
leases, devolution, and restrictions on title

Residency, CFC, and compliance

We arrange the individual’s tax residency, CFC reporting, CRS and FATCA compliance, NBU currency oversight, and onboarding for private-banking accounts.

change of tax residency
CFC, CRS, and FATCA reporting
private-banking KYC support

Reputation and asset protection

We represent the client in disputes where capital, privacy, or the family’s reputation is at stake — from civil claims through to dealings with regulators.

disputes over assets and control
protection of personal data and privacy
dealings with regulators and law-enforcement authorities

Jurisdictions where we work

European jurisdictions

UA · Ukraine
PL · Poland
LT · Lithuania
CY · Cyprus

Western jurisdictions

CH · Switzerland
UK · United Kingdom
US · United States
ES · Spain

How we work

One partner, one team, one protected perimeter — over years of advising the family

The single-partner principle

A single partner leads the work for your family from the first conversation through to long-term support. No material communication and no decision concerning assets is delegated to a junior lawyer without your consent. This is the foundation of our private clients practice.

Introduction and diagnosis

We listen. We map the composition of the family, the assets, the jurisdictions, and the risks. We set out clearly what is protected, what is exposed, and in what order to act.

Architecture

We build the holding structure for the capital, the legal backbone of the succession plan, the prenuptial arrangements, and the tax-residency position — on a ten- to twenty-year horizon.

Implementation

We execute: we register the structures, conclude the agreements, coordinate local counsel in the relevant jurisdictions, open the accounts, and formalise the real estate.

Ongoing support

We remain counsel to the family: annual reporting, updates to wills, responses to changes in law and to life events, and representation in disputes when required.

Engagement timeline

Time that saves capital — and time that preserves it

The most important private-client decisions are taken not in courtrooms but in advance. The earlier counsel is brought in, the less has to be put right later.

First week

Confidential meeting

In person or over a secure channel of communication. We sign a non-disclosure agreement before you share any details of your capital or family.

Month 1

Legal review of assets

We compile a complete map of assets, jurisdictions, beneficiaries, and obligations. We identify the risks that are typically invisible from within the family.

Months 2–4

Building the structure

We put in place the holding structure, the wills, the prenuptial agreements, the residency position, and the reporting framework. Every document passes through a single partner.

Years of support

Standing counsel

We remain the family’s personal counsel: we respond to life events, to legislative change, and to the issues that arise around your capital.

Action scenarios

What to do if

Typical private-client situations in which the decision must be taken before events become irreversible.

You are planning to pass a business or capital to the next generation+

decide to whom, and in what proportions, the assets are to pass
assess the tax consequences of succession in each relevant jurisdiction
consider lifetime gifts, trusts, or a family-foundation structure
contact us — and we will design the transfer plan and prepare the documents

You are entering a marriage, or preparing for a divorce involving assets+

fix the matrimonial property regime in a prenuptial agreement before the event
do not co-mingle personal and joint assets in day-to-day dealings
provide for the interests of any children, and for maintenance, within a protected structure
contact us — and we will draft the prenuptial agreement or guide the division of property

You are changing your country of residence, or planning a move abroad+

clarify the criteria for tax residency in each relevant jurisdiction
assess the consequences of exit tax and of CRS, FATCA, and CFC reporting
plan the transfer of assets and the documentation of their source
contact us — and we will design the relocation and tax-residency plan

Banks or regulators approach you, or disputes over assets arise+

do not communicate with the regulator on your own before consulting counsel
preserve all documentation on the source of capital
assess the cross-border risks before submitting any explanation
contact us — and we will represent your interests and shape the position

First contact

Privileged communication · protected by attorney–client privilege from the moment of first contact

Our code for the private client

We work quietly. We place the family’s interest above the interest of any single transaction. We enter your legal perimeter once, and we remain there for as long as your capital requires. We do not take decisions you have not understood. We are answerable for our advice — personally, in the name of the partner.

Anything you share with us at the first meeting remains inside the legal perimeter and is protected by attorney–client privilege — even before any engagement letter is signed. The Private Clients practice is led by partner Oleksandr Kondratyuk, who personally conducts the first conversation, takes the strategic decisions, and remains in contact with the client over the long term.

NDA-readyWe send the non-disclosure agreement before the first meeting — on request, through a secure channel of communication of your choosing.

Assurance

Absolute confidentiality

Names, family composition, asset structures, the jurisdictions in which capital is held, and the content of our advice are all protected by attorney–client privilege, and are not disclosed to third parties in any circumstances.

Partner as the single point of contact

Oleksandr Kondratyuk personally leads the family strategy, takes decisions on critical matters, and acts as your lawyer over the long term — not for a single transaction.

What we do not do

We do not act for both sides of a family dispute.
We do not advise clients listed on international sanctions registers.
We do not delegate the conduct of a matter to junior lawyers without your consent.
We do not discuss client matters — even on an anonymised basis — on any public platform.