The judgment of the Supreme Court will bring a new approach to dispute resolution related to international child abduction and will become a judicial precedent in Ukraine. The Supreme Court provided the first-ever clarification on the procedure for dispute resolution related to international child abduction, application of the Hague Convention on the Civil Aspects of International Child Abduction of 25 October 1980 (“1980 Convention”), and interpretation of criteria for refusal to return a child to the state of permanent residence.

The Ministry of Justice of Ukraine filed a claim in early 2013. Over the last years, this case was repeatedly reviewed by Ukrainian courts of all instances, including the Supreme Court.

AGA Partners prepared a cassation appeal and a request seeking the renewal of the term of cassation appeal that were filed on behalf of the client with the High Specialised Court for Civil and Criminal Cases in early 2017. However, due to the judicial reform, it was late August 2018 when the new Supreme Court made its final decision.

Thus, the Supreme Court has rightfully held that the primary focus of the above 1980 Convention is that one parent or family member cannot independently decide to change the child’s place of permanent residence. The Court also noted that the child’s place of permanent residence is of major importance in restoring the status quo since the illegal removal or retention of the child violates the child’s rights and interests, as well as the right (custody right) of the parent without whose consent the child was taken from the country of habitual residence.

The Supreme Court also highlighted that when considering the issue on returning the child to the home state, the issue of defining a person who will have custody rights in the future is not resolved. The issue of custody rights to be granted to one or both parents falls within the jurisdiction of competent authorities of the child’s country of permanent residence before the relocation.

The Supreme Court also provided official interpretation as to the application of Articles 8, 12, and 13 of the 1980 Convention, thus, shaping a new perspective on this issue in Ukraine.

AGA Partners team was led by Senior associate Oleksandr Gubin under the supervision of Partner Iryna Moroz.

Announcing the results of an annual research of one of the most influential international ratings Best Lawyers became a pleasant news for the whole AGA Partners team.

Our partners were ranked in two practices!

Aminat Suleymanova, managing partner, entered the top-list of lawyers in Arbitration / Mediation and International Arbitration Practices,  Ivan Kasynyuk, partner, - in Arbitration and Mediation, and Irina Moroz, partner, - in the practice of International Arbitration.

We are grateful for high appreciation and will move furher! 

5-6 June in Kyiv AGA Partners jointly with Gafta: The Grain and Feed Trade Association held a two-day training course "Commodity dispute resolution".

During the course, the participants were able to deepen their knowledge of  trade rules according to the English law, draw their attention to important aspects of drafting a contract and learn about the peculiarities of arbitration procedures in GAFTA.

"The mountain does not seem unapproachable, if you look from its top."

We are pleased to announce that AGA Partners have signed an agreement on legal assistance with the World Champion and record-holder in High-Speed Climbing Danyil Boldyrev within the framework of the project "Legal Aid to Sport in Ukraine"

We hope, our cooperation will contribute Denis to achieve new sports peaks, and will help us to achieve, of course, legal peaks.

After all, our emblem is in the shape of a mountain no by accident!

Trade with countries, which are under the sanctions, is one the most discussed topic among  traders these days.

Today, at the meeting of the UBA Committee on International Law, the participants discussed ways of Ukraine's trade cooperation with Iran and ways to minimize risks in establishing legal relationships between Ukrainian and Iranian companies.

Aminat Suleymanova, Managing Partner of AGA Partners acted as a moderator of the event, and Olga Kuchmienko, lawyer of AGA Partners and representatives of State bodies that regulate trade relations between Ukraine and Iran acted as a speakers.

More information about the event

AGA Partners is the best law firm in the International Trade according to the results of the Legal Award 2018.

In addition, we entered the TOP-5 in three practices: Agribusiness, Arbitration and Family Law. Ivan Kasyunyuk entered the TOP-5 lawyers in the Arbitration practice.

At such moments of recognition, we spread our wings  are ready to move on further, higher and faster!

Thanks to the Yurdychna Praktyka team   for the high praise, and we continue to work  

«From Volume to Value».

Ivan Kasynyuk, partner of AGA Partners, acted as speaker at the XV International Conference "Black Sea Grain 2018". Ivan told the guests about the legal aspects of profit protection in agribusiness and shared with the traders the secrets of successful trade according to GAFTA standards.

"Black Sea Grain" Conference – is an international platform aimed at discussion of topical issues and prospects of the global and Black Sea agri commodity markets. “Black Sea Grain” Conference offers participants an excellent environment to find out the latest drivers of agricultural market, adjust business strategies in a rapidly changing world and get new valuable contacts with global operators of agri business.

The Board of the Committee on Agrarian Law of the Ukrainian Bar Association headed by Ivan Kasynyuk, partner of AGA Partners, held an open meeting.

At the meeting the immediate plans of the Committee's activities and the subjects of the forthcoming meetings were discussed. Board members also adopted and put to a vote the decision to expand the Board of the Committee.

More information about the event

The development of the CPT contract continues!

Ivan Kasynyuk, Irina Moroz and Iurii Gulevatyi with The Grain and Feed Trade Association and leading Ukrainian traders and exporters took part in the regular meeting of the working group on the development the new unique GAFTA standard proforma contract on the CPT basis for Ukraine. The AGA Partners team heads the working group.

This is a unique project that will create an exclusive contract for Ukrainian traders, which is aimed at facilitating dispute resolution in the Black Sea region. It is the first contract ever made for Ukraine. 

Three years ago, no one believed in the success of our initiative to create a separate nomination "Private Clients" within the international rating "The Legal 500".

Today we are happy not only to see the results of the first research for this area of law, but also to be listed among the best in the practice of Private Clients.

The Legal 500 recognized AGA Partners team as ‘high-level specialists’ in family law.

Aminat Suleimanova is separately noted as ‘honest, trustworthy and diligent’ lawyer, and became one of the four leading lawyers in the Ukrainian market in family law.

The Legal 500 also separately noted Irina Moroz, and Alexander Gubin is recognized among the "Next generation lawyers"!

But that's not all!

The Legal 500 has traditionally recognized AGA Partners as a leading firm for international trade and commodities disputes. Also, Aminat Suleymanova, Irina Moroz and Ivan Kasynyuk are singled out separately in the practice of Dispute Resolution.

The meeting was attended by members of the UBA Committee on Civil, Family and Inheritance Law and the Chief State Officer of the Department for Enforcement of Decisions of the Ministry of Justice of Ukraine. During the event, the participants discussed a whole range of issues on the subject of alimony, among which:

1. Amendments to the legislation on the recovery of alimony.
2. The order of debt recovery on alimony and accrual of penalties.
3. Collection of alimony for another spouse.
4. Alimony for disabled parents.
5. Accountability of debtors.
6. Efficiency of changes from the state executor's point of view.

More information about the event

Educational platform for lawyers Legal High School invited partners of AGA Partners Ivan Kasynyuk and Irina Moroz to deliver speeches in the module "Raw Arbitration" in the School of Judicial Practice.

Ivan Kasynyuk presented the audience a practical look at English law through the commercial arbitration of GAFTA and FOSFA.

Ivan talked about the principles of international trade in agricultural products, he also focused on the role of GAFTA and FOSFA associations, their typical contracts and the reasons why such contracts are more often subject to English law. 

Irina Moroz presented the relevant legal positions of GAFTA and FOSFA to the students of the Legal High School.

Irina noted that, as a rule, trade in commodities is carried out within the associations of GAFTA and FOSFA, which work according to English law. The lecturer stopped on the terms of  GAFTA and FOSFA contracts, explained the scheme of disputes resolution, and also uncovered such phenomenon as an appropriation, which is a formal requirement of all contracts.

In support of the foregoing, Ivan Kasynyuk and Irina Moroz brought real cases to illustrate  the procedure for concluding a trade agreement and further arbitration proceedings.

 March 8 is behind, but the "women's day" continues.

According to the results of the research "Ukrainian Women i nLaw 2018", conducted by the team of the Legal newspaper, Aminat Suleymanova, managing partner of AGA Partners, is one of the most successful women lawyers in the Ukrainian legal business.

We are grateful to colleagues and researchers for high appreciation!

You can see the results from the link: goo.gl/Uyg8FE

Aminat Suleymanova, Ivan Kasynyuk and Irina Moroz headed the Committees of Ukrainian Bar Association and held the first meetings of the Councils in AGA Partners office.

Aminat Suleymanova headed the Committee on International Law.

Ivan Kasyunyuk - Committee on Agrarian Law.

Irina Moroz became the Head of the Committee on Civil, Family and Inheritance law.

A number of topical issues were discussed at the meetings and a lot of new ideas were put forward regarding the future work of the Committees.

Fruitful cooperation and a very eventful year are ahead!

Band 3!

 After the world rating of  Chambers and Partners, the annual rating of Chambers Europe was released, which traditionally noted AGA Partners among the leading companies in Dispute Resolution: Arbitration practice, but this time we improved our position and now among the leaders in Band 3.

“Clients recognise the team as "extremely good in cases involving an international element." One commentator states: "Their knowledge of the commodities industry is very specific and they manage to combine their local Ukrainian knowledge with a very good understanding of English law."
The team is also noted for its client-oriented approach, with one source stating: "AGA's lawyers are very responsive and available 24/7."

But that's not all!  Ivan Kasynyuk, who is  "rising star of the legal market," was included in the list of top Ukrainian lawyers in the practice of Dispute Resolution: Arbitration.

We are proud of our achievements and ready to conquer new peaks!

Morning is the best time of the day, because you are full of energy and open for new information. And if there is no energy - no problem, there is coffee and tasty food, which will help to charge.

The business breakfast organized by AGA Partners in conjunction with the European Business Association, was held under this slogan of February 21, 2018, where guests could not only have a healthy and tasty breakfast, but also listen to an interesting seminar from our partners Aminat Suleymanova, Ivan Kasynyuk and Irina Moroz about the risks that arise in the process of international trade in grains and oilseeds, and how to avoid them.

We are gratefull for help in organizing  Irina Dushnik and to be continued ...