Associated European Energy Consultants

“Delivering European Energy Solutions”

Associated European Energy Consultants
“Delivering European Energy Solutions”

AEEC MEMBER DETAILS

Member Infomations

Ukraine

Kiev, Odessa, Lviv

Arzinger Law Office

Senator Business Center, 32/2 Moskovska street, 10th floor
01010 Kiev
+ 38 (0) 44 390 55 33
+ 38 (0) 44 390 55 40
mail@arzinger.ua
http://www.arzinger.ua
Contact person for AEEC matters:

Maryna Ilchuk

maryna.ilchuk@arzinger.ua
Vita

PRACTICE:
Public Private Partnership, Infrastructure
Industries: Energy and Natural Resources Oil & Gas, Renewable Energ
Maryna Ilchuk is Head of Energy and Natural Resources; and Public Private Partnership departments at Arzinger.
Maryna advises domestic and foreign clients operating in the area of Energy, Oil & Gas on a broad range of legal and regulatory issues. She provides full service legal advice on the entire lifecycle of the energy companies, paying substantial attention to the commercial and technical aspects of the energy industry.
Maryna has substantial experience in renewable energy projects , representing both investors, target companies, EPC-contractors, advising on various legal issues related to the production and sale of renewable energy, equipment imports, warranty on the supplied equipment, increase of capacities and reconstruction of property; assisting in obtaining licenses and other permits; legal due diligence; transaction structuring, and acquisition of such projects.
Maryna also advises industry and public sector on implementation of energy-efficient projects
Maryna supported projects for structuring the relationship of public and private partners, in particular, cooperation of foreign investors with state enterprises and authorities. Maryna has experience in energy disputes, where she represented the State.

REPRESENTATIVE CASES:
• Legal support of the investor intending to acquire a group of companies producing electricity from renewable energy sources on various legal issues related to the production and sale of solar energy, equipment importation, supplies and assignment of warranties, capacity increase and property reconstruction; due diligence; transaction structuring, merger clearance, acquisition of solar projects, support with the closing and related issues;
• Full legal and organizational support of an international energy company operating a combined (cogeneration) heat and power plant at all stages throughout the entire process of the obtaining of licenses for heat production and electricity production from the National Commission for State Regulation of Energy and Public Utilities
• Advising Swiss energy company in regard to entering Ukrainian market basing on reformation of Ukrainian energy market in accordance with Third Energy Package
• Advising an International group in the field of RES in the dispute on compensation by the state Ukraine of 38 million USD in regard to the alleged violation of the Agreement between the Government of Ukraine and the Government of the French Republic on the mutual promotion and mutual protection of investments
• Legal support of the investor intending to acquire a group of companies producing electricity from RES on various legal issues related to the production and sale of solar energy, equipment importation, supplies and assignment of warranties, capacity increase and property reconstruction; due diligence; transaction structuring, merger clearance, acquisition of solar projects, support with the closing and related issues
• Advising one of the world’s biggest PV modules producer and EPC contractor on entering Ukrainian market, legal advice on various legal issues related to the import of solar equipment and EPC activity: equipment importation, tax and custom requirements, warranties regulation, conformity markings and product labelling requirements
• Advising a global construction concern on Waste-to-Energy project. Assisting the Client in the legal issues related to his participation as an investor and general contractor in the project on construction of the waste-to-energy plant in Eastern Ukraine. Our services included legal due diligence of the target company and real property, advice on corporate and ownership structure of the project, research of the applicability of the green tariff for the project, research of municipal law, environmental law, concession and PPP law, energy law and public procurement law issues related to the project
• On behalf of the big energy company carrying on negotiations with state authorities in regard with environmental issues, possible negative environmental implications of the project
• Representation of the energy company in a dispute on validity of environmental permits.
• Consulting a German company in a gas drainage project in mining including power generation (advising on green tariff, joint implementation (Kyoto mechanism), corporate structure for joint venture, mining law). Advising a Ukrainian holding company on a seaport project concerning privately financed construction and operation – describing PPP opportunities under current and future law on ports;
• Development of a partnership structure between the Swiss renewable resource developer, the finance company and the municipal authorities regarding the operation of a municipally owned district heating boiler house and further conversion of the facility from natural gas to wood biomass;
• Legal advice to an Austrian energy company due to the need to restructure the business located in the temporarily occupied territory of Ukraine (the Crimea). Analysis of force majeure and its possible influence on further relations between the parties, liaison with government authorities, development of a strategy for investment protection
• Vender due diligence of the project company dealing with electricity and heat supply issues, analyzing corporate structure, material contracts, provision of recommendations in regard to elimination of certain deficiencies.
• Representing Ministry of justice of Ukraine in two arbitrations in energy industry under VIAC Rules with total amount in dispute more than 360 million USD.

MEMBERSHIP:
• Association of International Petroleum Negotiators (AIPN)
• International Bar Association (IBA), Publications Officer of the Oil and Gas Law Committee
• European-Ukrainian Energy Agency (EUEA), Vice-chairman of the Board
• Associated European Energy Consultants (AEEC)
• Bioenergy Association of Ukraine (BAU)
• Ukrainian Bar Association (UBA)
• Association of Young Lawyers (AIJA)

PUBLIC ACTIVITY:
Maryna is the author of numerous publications in different specialized business and legal issues relating to Energy, Oil & Gas, as well as Public Private Partnership. She is an active contributor to the Arzinger’s guides (Energy service contracts. Possibilities and prospects in Ukraine, Energy Law Guide; Energy service contracts. Possibilities and prospects in Ukraine, Biogas Production and Use in Ukraine, etc). Also, Maryna is a regular participant in conferencesassociated with Energy and Natural Resources, Public Private Partnership, energy investments in Ukraine, Oil & Gas disputes, as well as energy efficiency and renewable energy in Ukraine. She is a member of international and Ukrainian industrial energy, oil and gas associations, thus, being aware of latest trends and having valuable insights into the energy sector.
Maryna is Vice-chairman of the Board and a legal advisor of the European-Ukrainian Energy Agency (EUEA) and supports actively the development of renewables and energy efficiency in Ukraine. EUEA has been established as a non-commercial organization and a stable platform for joint actions of the EU and Ukraine to facilitate the sustainable development, energy efficiency and modern environmental technologies.

RECOGNITIONS AND AWARDS:
• Chambers Europe (2016) recommends Maryna in Energy and Natural Resources.
• Ukrainian Law Firms 2016. A Handbook For Foreign Clients lists Maryna among notable practitioners in Energy and Natural Resources.

LANGUAGES:
Ukrainian, Russian, English.


Timur Bondaryev


timur.bondaryev@arzinger.ua
Vita

Managing Partner
PRACTICES:
Real Estate & Construction, Antitrust & Competition, Corporate Law / Mergers & Acquisitions

INDUSTRIES:
Energy and Natural Resources, Food and Beverages

Timur Bondaryev, Partner, Head of Real Estate Practice and Co-Head of Energy and Natural Resources Practice, specializes in advising on real estate and construction transactions; mergers & acquisitions and is an expert on antitrust, privatization and PPP (public-private partnership) issues. He has extensive experience in working at state authorities and large corporations. He was Head of Division in the Legal Department at the State Property Fund of Ukraine and Head of the Legal Department at Ukrainian Aluminium, a subsidiary of Russian Aluminium Company.
Timur Bondaryev is a highly respected law practitioner enjoying an excellent reputation in the local and international market.
Timur has many years of experience in the industry of Energy and Natural Resources, in particular:
• Legal support of the investor intending to acquire the biggest group of companies producing electricity from solar power in Ukraine on various legal issues related to the production and sale of solar energy, equipment importation, supplies and assignment of warranties, capacity increase and property reconstruction; due diligence; transaction structuring, merger clearance, acquisition of solar projects, support with the closing and related issues.
• Representing a major European energy investment company on allotment of the land plots for solar park construction starting from the selection of the most appropriate land plot for the specified purpose considering the terms of land allotment, tax reliefs, allotment procedure preferences, accompanied by the change of their designated use and negotiations with authorities up to the entering into lease agreements;
• Legal support to an internationally operating group of companies active in the engineering and construction of infrastructure projects during settlement of disputable situation on late performance of the building contract (construction of roads), signed under standard international FIDICform. Providing the Client with ongoing advice on the terms of the agreement concluded in the FIDIC form and their application during the claim management process; support of the Client in negotiations involving the Contractor and the Engineer, development and optimization of procedural strategies for the Client.
• Legal support of the investor intending to acquire a group of companies producing electricity from renewable energy sources on various legal issues related to the production and sale of solar energy, equipment importation, supplies and assignment of warranties, capacity increase and property reconstruction; due diligence; transaction structuring, merger clearance, acquisition of solar projects, support with the closing and related issues;
• Advising one of the world’s biggest PV modules producer and EPC contractor on entering Ukrainian market, legal advice on various legal issues related to the import of solar equipment and EPC activity: equipment importation, tax and custom requirements, warranties regulation, conformity markings and product labelling requirements
• Legal advice to an Austrian energy company due to the need to restructure the business located in the temporarily occupied territory of Ukraine (the Crimea). Analysis of force majeure and its possible influence on further relations between the parties, liaison with government authorities, development of a strategy for investment protection
• Advisory support to the national railway enterprise in connection with the execution and performance of the construction agreement with the Contractor as well as consultancy agreements with the Engineer, concluded based on the FIDIC form, during the implementation of the railway infrastructure project financed by an international bank institution, including: analysis of risks’ allocation and responsibilities between the parties; advising on the peculiarities of the disputes resolution procedure; providing recommendations to the Client as to the improvement of contract provisions and streamlining the interaction with the Contractor and the Engineer;
• Consulting an international non-profitable organization regarding the temple complex construction in Kyiv based on the FIDIC standard forms: drafting of the agreement, representation of Client’s interests within negotiations, preparation of the contractual documents as to the technical and author’s supervision, consulting on current issues within construction process;
• Legal support of an international construction materials manufacturer regarding the reconstruction of the cement plant located in the WesternUkraine. The reconstruction was performed under the construction contract regulated by the FIDIC rules.
• Consulting an international first-rate car dealer with regard to the construction of the vehicle sales center under the FIDIC standards.
• Legal support of a Swiss contractor in the public procurement procedure for the construction of the railway infrastructure object in compliance with the FIDIC requirements. The construction project was funded by EBRD.
• Representation of the first-rate international energy company’s interests (the developer of the energy production plant construction) in the dispute with general contractor under the agreement concluded under the rules of FIDIC contracts at the Chamber of Commerce and Industry of Ukraine arbitration court.
• Obtaining a construction license for a Swiss construction company, advising on participation in a tender for construction of a railway tunnel financed by the EBRD.

MEMBERSHIP:
• American Bar Association (ABA)
• Ukrainian Bar Association
• Board member of European Business Association (EBA)
• Kyiv Bar
• Society of German and Ukrainian Lawyers
• Head of the Austrian-Ukrainian Law Society
• Association of Attorneys-at-law of Ukraine
• Board Member of SUP (Ukrainian Entrepreneurs Community)
• IFA.

PUBLIC ACTIVITY:
Timur is a senior lecturer at the Department of Specialised Legal Sciences at the National University Kyiv-Mohyla Academy, one of the country’s best universities and oldest higher education institution in Eastern Europe (founded in 1632). Timur is also an advisor to the mayor of Lviv on attracting foreign investment as well as public-private partnership; a regular lecturer on Ukrainian law at the Austrian Chamber of Commerce. He is the Board Member of European Business Association. Timur Bondaryev is a Young Members liaison officer within the Real Estate Committee of the International Bar Association (IBA).
Co-author of the first Ukrainian scientific and practical commentary to the Law of Ukraine “On Protection against Unfair Competition” (October 2013) composed in cooperation with Gennady Androshchuk, Deputy Head of the Laboratory for Legal Support to the Science and Technology Development at the IP Scientific and Research Institute of the National Law Academy of Ukraine, D.Sc., assistant professor, Sergiy Shklyar, Founding Partner at Arzinger, Dr. jur., attorney-at-law, and Natalia Ivanytska, Senior Associate at Arzinger, Dr. jur., attorney-at-law.
Co-author of the comment “Application of Competition Legislation. Practice of Ukraine, EU, Russia, and the USA” (October 2014) under the general editorship of S. Shklyar, President of ARUC, attorney-at-law, Dr. Jur., and N. Ivanytska, attorney-at-law, Dr. Jur., Senior Associate at Arzinger.

RECENT RECOGNITIONS AND AWARDS:
Timur is recommended as a key lawyer in Construction and Real Estate Law in Ukraine according to ‘Who is Who Legal. Construction 2017’.
Mr.Bondaryev has also been recommended in Ukraine by the 2017 Construction and Real Estate Expert Guide, the international legal market’s leading guide to the top legal practitioners advising on construction and real estate law.
Reputable legal directory Chambers Europe (2011, 2012, 2013, 2014, 2015 and 2017) recommends Timur Bondaryev as a notable practitioner in real estate and construction sphere. Interviewees consistently praise him for his proactive approach: ‘He is our partner on every transaction; he navigates us through the most challenging deals and business conditions’. Arzinger’s real estate team, headed by ‘the very active’ and ‘great with clients’ Timur Bondaryev, ‘acts on a broad spectrum of real estate matters, including acquisitions and leasing contracts, construction licensing, due diligence, real estate finance and joint ventures’.

LANGUAGES:
Ukrainian, Russian, German and English.

Arzinger Law Office

Arzinger is an independent law firm headquartered in Kyiv and having its regional offices in Western and Southern Ukraine. For over 14 years, Arzinger has been among the legal business leaders providing high-quality legal support to clients throughout Ukraine. Among the firm’s many clients are top representatives of the international and local business.
Arzinger follows high standards of legal services and is an reliable partner in view of its great experience in a wide range of industries and legal practices
Arzinger employs the highly qualified professionals with vast hands-on experience in a wide range of legal matters, deep knowledge and understanding of the local market, international education and background. The firm has a team of over 70 seasoned legal professionals led by 8 partners. All of them are acknowledged among leading experts on the Ukrainian legal market and are recognised by reputable international and local rankings. As a result, Arzinger can offer extensive legal assistance to effectively support a variety of complex and challenging transactions, including cross-border matters.

Offices
Kiev, Odessa, Lviv
Staff
approx. 100
Accredited professionals
approx. 60
Partners
8
Dedicated departments in the field of energy
Gas, Electricity, Natural Resources, Environment, Tariffs, Renewable Energy, Emission Trading, Environmental (http://arzinger.ua/industries/energy/ )
Accredited professionals active in the field of energy
8
Other departments
Other departments – Corporate and Commercial Law / M&A – Real Estate & Construction – Antitrust and Competition – Intellectual Property – Dispute Resolution – Debt collection – Public Procurement – Banking & Finance – Private-Public Partnership (PPP) – Food and Beverages – Labor Law – Private Equity/ Investments – Regulatory – Environment/ land and other natural resources – Investment Banking and Corporate Finance Energy – Retail and Leisure – Telecommunications – Aviation and Automotive – Agriculture – Infrastructure & Transport – Healthcare & Pharmaceuticals – Insurance – Tax Law
Clients
- Energy service providers - Pipeline Companies - Oil field services companies - Power traders - Operators and owners of renewable energy parks (RES): wind, solar parks, small hydro and biofuel power plants - Refiners - Mining companies - Banks and project financiers - Project developers - Manufacturers - Equipment suppliers - Construction, engineering firms
Approach
– 100 + employees, including more than 60+ legal professionals – Since 2002 on the Ukrainian legal market – Broad regional coverage: offices in Kyiv, Lviv and Odesa – Multidisciplinary, dedicated team of high-profile professionals with an in-depth understanding of the commercial and technical aspects of the energy industry – Full service advice on the entire lifecycle of the energy activity – Regular update of clients on recent legal developments in the industry — Issuing special guide-books, reports in cooperation with industry players
Selection of references
NATURAL RESOURCES : 1. Arzinger acted as a main legal advisor to the Ministry of Energy and Coal Industry of Ukraine is preparing the legal justification of the vision of the Ministry on the issue of restructuring the Ukrainian fuel and energy complex, including restructuring of NJSC Naftogaz of Ukraine aimed at separation of the natural gas transmission activities in accordance with the Law of Ukraine “On the Natural Gas Market” in compliance with the Third Energy Package. 2. Advising Canadian company in the investment project related to the possible forms and benefits of public private partnership in course of development of uranium minefield pertaining to Ukrainian state uranium producer. 2. Advising Ukrainian investor on acquisition of oil and refinery business. Arzinger acts as legal advisor in M&A deal regarding the acquisition of a share in oil business consisting of a refinery plant, depots and a number of filling stations all over Ukraine. Arzinger provides full transaction advice, including structuring the transaction, legal due diligence of the target holding company and a number of its subsidiaries, drafting and approval of transaction documents. 3. During his service as a head of legal service of the State Property Fund of Ukraine, Senior Partner of Law Firm “Arzinger” Timur Bondaryev provided legal support of preparation for privatization and sale of state shares in regional electric distribution companies (oblenergo). Timur Bondaryev also participated in court disputes related to challenging of oblenergo privatization results. 4. Advising Cadogan Petroleum Plc on structuring joint venture activity in course of geological exploration and extraction of oil and gas, their subsequent commercial and industrial operation; drafting and negotiating the joint venture agreement; assisting in obtaining antimonopoly clearance for the transaction on the acquisition of two companies dealing on the market of exploration and development licenses in Ukraine. 5. Advising of international group of companies regarding structuring of investment project in cooperation with Ukrainian state uranium producer related to nuclear waste burial resulted from uranium production activity. 6. Development of joint tender bid with the investment fund EPIC (Austria) and legal support of participation in the tender on selection of adviser for the privatization of 6 oblenergo (Sevastopoloblenergo, Kievoblenergo, Rivneoblenergo, Khersonoblenergo, Zhitomiroblenergo and Kirovogradoblenergo), conducted by the State Property Fund of Ukraine. 7. Legal advice to the national corporation NAFTOGAS of Ukraine on corporate law matters (establishment and reorganization of subsidiaries). 8. Advice to ITERA-Ukraine on tax and regulatory issues related to execution of the projects in Ukraine by the international group of companies “ITERA”. 9. Legal support to the sale of large stock in JSC “UKRNAFTA”. 10. Legal support to the merger of TNK and BP (integration into TNK-BP of Ukrainian assets owned by TNK, antimonopoly clearance for the purchase of oil company Slavneft by TNKBP). 11. Legal support of purchase by TNK-BP of the assets of the group of companies owning a large network of gas stations and oil depots in Russia and Ukraine. Transactions amount - USD 900 Million. Obtaining antimonopoly clearance (cross-border multi-jurisdiction transaction). 12. Full legal and organizational support of an international energy company operating a combined (cogeneration) heat and power plant at all stages throughout the entire process of the obtaining of licenses for heat production and electricity production from the National Commission for State Regulation of Energy and Public Utilities. 13. Development of a partnership structure between the Swiss RES developer, the finance company and the municipal authorities regarding the operation of a municipally owned district heating boiler house and further conversion of the facility from natural gas to wood biomass. 14. Legal advice to an Austrian energy company due to the need to restructure the business located in the temporarily occupied territory of Ukraine (the Crimea); investment protection, enforcement of contracts and regulatory decisions. 15. Advising oil and gas company in respect to the future commercial transaction from the point of view of environmental legislation: risk analysis, risk management and reduction. 16. Representation of the energy company in the bodies of the Antimonopoly Committee of Ukraine in the case on a dominant position in the market for the provision of technical conditions for connection of power generation plants to its electricity grids. 17. Advising a foreign energy company in connection with legal issues related to its bid for the participation in the Nuclear Power Plant Safety Upgrade Program in Ukraine. 18. Advising Ukrainian company on issues of obtaining special permit for mining operations. 19. Advising Ukrainian investor on acquisition of oil and refinery business. Arzinger acts as legal advisor in M&A deal regarding the acquisition of a share in oil business consisting of a refinery plant, depots and a number of filling stations all over Ukraine. Arzinger provides full transaction advice, including structuring the transaction, legal due diligence of the target holding company and a number of its subsidiaries, drafting and approval of transaction documents. 20. Advising the Russian company on the execution of its corporate rights as the minority shareholder of the major Russian manufacturer of mineral resources; and representing the minority shareholder in its corporate conflict with the last one. The project involves several steps: advising on the enforcement of the ownership title to shares; advising on the enforcement of the minority shareholder’s corporate rights, including the right to obtain information on the manufacturer’s activity; and liaising with the state authorities and share registrars to make necessary changes into the shareholders’ register etc. 21. Advising a large energy trading company on concluding an agreement on electricity transit through with Ukrainian energy company, analysis of the transit service agreement. 22. Advising big Russian energy generating company on various legal issues related to energy supply regulations, pricing, construction of electric power lines. 23. Legal advice to an American Energy company due to an international commercial dispute to the amount of Euro 10 million with involvement of several sides from different jurisdictions according to the Regulations of UNCITRAL and the place of arbitration in London. Consulting the Client on the strategy of the pre-trial dispute settlement. 24. Representation of one of the most developed international oil exporters in the criminal proceeding concerning the illegal trademark usage. Therefore, the court affirmed the illegality of the competitor’s actions and further recovered the compensation in full for material losses in favour of the Client. 25. Representing the interests of the Ministry of Justice of Ukraine in two arbitration cases in the energy sector in the Vienna Arbitration Rules, with the total amount in dispute over US 360 million (claim of companies Korlea Invest a.s (Slovakia) and Ukrenergy Trade ZRT (Hungary) to the SE "Ukrinterenergo "SE" NEC "Ukrenergo" and the Ministry of Energy and Coal regarding the export of electricity). 26. Preparation of expert’s report on export/import of crude oil and refined oil products in Ukraine in 1993-1994 for court proceeding in Gibraltar (licensing, quotas, setting limits at market of transshipment of oil, etc.).

Publications of Arzinger Law Office

The AEEC member has no publications yet.