Public Sector

Sayenko Kharenko has extensive experience of advising foreign investors and creditors on complex cross-border transactions involving the Government of Ukraine, public sector enterprises and municipalities. This type of transactions in Ukraine usually requires special expertise and attention in light of the need to comply with many technical requirements of the public procurement and state budget laws.

To address various issues which arise in the course of implementation of projects in this area, our public sector group includes lawyers from the antitrust, banking & finance, corporate and M&A practices, as well as attorneys with inter-discipline expertise in PPP projects, privatization and utilities sector. 

Specialists from the Public sector group advise clients on:

  • Anti-corruption and public procurement issues arising in the course of specific transactions and doing business in Ukraine generally.
  • Financings to the State, state agencies, state-owned companies, including under state guarantees, as well as to the Ukrainian municipalities, which is complicated by sovereign immunity issues and limitations on enforcement of security.
  • Lobbying new legislation and participation in working groups created by various regulators for the development of new laws and regulations, including their drafting and advising some of the Ukrainian regulators, as well as supranational institutions, on the issues of legal reform in Ukraine.
  • PPP and infrastructure projects, including those related to Euro 2012 Football Cup (e.g. reconstruction of Ukraine’s railway stations, construction of airport in Kiev).
  • Privatization and M&A transactions involving state-owned companies, which usually involves extensive due diligence of assets and heavy negotiations with the relevant state agencies.
  • Dispute resolution proceedings before the Ukrainian courts and international arbitration tribunals involving public sector enterprises, acting as counsel or as experts in Ukrainian law in international arbitrations.

For the past several years Sayenko Kharenko acted for lead managers, lenders and investors in relation to the largest transaction involving the State of Ukraine, cities of Kyiv, Donetsk, Kharkiv and Odessa, the State Property Fund of Ukraine as shareholder of Kryvorizhstal and KGOKOR, the State Railway Service, the State Road Administration, NJC "Naftogaz of Ukraine", Ukrtransnafta, Ukrtelecom, the State Export-Import Bank of Ukraine, the State Savings Bank of Ukraine, etc.

We enjoy strong working relationships with the Antimonopoly Committee, the National Bank, the Securities Commission, the State Property Fund and other Ukrainian regulators, which allows us to offer our clients valuable insight into their regulations and practice. 

Our counsel Svitlana Kheda is an internationally recognized expert in the area of public-private partnership in infrastructure. Dr Kheda chaired the parliamentary working group on developing the Ukrainian public-private partnership legislation and was a member of the governmental working group tasked with developing Ukrainian public-private partnership legislation. Svitlana Kheda drafted amendments to the Law of Ukraine “On Private-Public Partnership” and subordinate PPP legislation and is a well-known champion of development of PPP in Ukraine according to the international standards.