During the round table, judges, practicing attorneys and lawyers discussed both the current problems of judicial practice and the legislative novels that are to be expected by the legal community in connection with judicial reform.

Valeriy Cartere, judge of the Supreme Economic Court of Ukraine, shared the latest judicial practice relating to injunctive relief. Also, Mr. Cartere drew the attention of those present to questions related to derivative requirements.  According to Valery Cartere, such requirements can be considered together with the main one, since the task of legal proceedings must be an effective, rapid and qualitative solution of the problem. If separating the related claims in different proceedings, this can negatively affect the real protection of the violated right.

Olesya Lukomskaya, head of the department for securing the work of the secretary of the first court chamber of the SECU, also spoke about the latest trends in corporate disputes. Ms. Lukomskaya brought interesting statistics to the participants of the round table: despite the fact that the total number of court cases in the SECU has decreased, corporate disputes are still actively heard in the cassation. At the same time, with the release of the last resolution of the Plenum of the SECU “On the practice of consideration of corporate disputes”, both lawyers and courts received answers to many questions that were concerning. Thus the judicial practice in this category of cases has become more predictable.

Oleksandra Pavlenko, managing partner of Pavlenko Legal Group, offered to analyze the novels of the EPCU project. Oleksandra paid special attention to injunctive relief, which underwent significant changes. The expert and participants of the round table expressed fears in increasing of the number of corporate conflicts and raider takeovers, as some provisions of the new EPCU can be applied in bad faith. Also Ms. Pavlenko urged the round table participants to not be afraid of changes in the legislative field, as the legal community has repeatedly observed both the change of practice and the change of legislation.

Oleksander Onufrienko, the head of the private clients practice of Law Firm “Lavrynovych & Partners”, emphasized on the Resolution of the Plenum of SECU «On the practice of consideration of corporate disputes». According to the expert, the decision is the result of the painstaking work of a large number of professionals and its potential “oblivion” in connection with judicial work is premature.

Among other things, during the roundtable, the topic of legislative changes in the field of registration of legal entities was also touched. Sergei Benedysyuk, deputy head of the committee and head of corporate law of EVRIS, noted the stagnation of the reformation of this sphere. In particular Sergey expressed misunderstanding of the reasons for which the legislator and the relevant authorities still did not provide the cooperation of the Unified Register of court decisions with the Unified Register of legal entities, individual entrepreneurs and  public associations. Such cooperation, according to the expert, would affectively protect the interests of those whose rights were violated in connection with raider attacks.

Summarizing the results of the round table, the head of the committee Olena Pertsova, head of dispute resolution of Pavlenko Legal Group, urged her colleagues to actively join the work of the committee and not stand aside from the reform of the legislation. As Olena emphasized, the creators of judicial practice are, first and foremost, attorneys. Thus, the first couple of years of judicial reform and the practice of the courts, which will be based on this work, depends on them.