Founding Partner Sergii Shkliar

Sergii Shkliar

PRACTICES:

Dispute Resolution, Antitrust and Competition Law, GR, Insolvency

CONTACT:
Phone: +38 044 390 55 33
E-mail: Sergii.Shkliar@arzinger.ua

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EDUCATION:

  • Institute of International Relations, Kyiv National Taras Shevchenko University, Master’s degree in International Law (Diploma in International Private Law), Interpreter of German
  • Vienna Economics University (a course in International Trade and Tax Law)
  • Odesa National Economic University (major in Economics of Enterprises)
  • Aspen Institute Kyiv, seminar "Justice, Law and Society"
  • Ukrainian Corporate Governance Academy

CAREER:

Sergii Shkliar, attorney-at-law, Dr. jur., post-doctoral student (working on the thesis “Control over observance of legislation on protection of economic competition in Ukraine: administrative and legal principles of organization and functioning”) heads the practices Dispute Resolution, Antitrust and Competition, GR, and Bankruptcy.

Sergii has work experience obtained not only in the field of legal consulting but also in executive positions in large companies, such as TNK-VR, where he led the Corporate Law and Ownership Group, as well as in the civil service. Thus, from 2015 till 2018 he held the position of Deputy Minister of Justice of Ukraine on Enforcement Service and oversaw the representation of the interests of the State in foreign jurisdictional bodies in accordance with the segregation of duties between deputies of the Minister of Justice of Ukraine during 2016-2017. Sergii worked in the Office for Investigation of Offences on the Securities Market and the Law Enforcement of the State Commission for Securities and Stock Market as well as in the State Tax Administration. For three years, he was Partner of Hartmann&Рartners International Law Firm; he headed the Legal Department of Monolit Corporation.

The most representative projects with Sergii’s participation as Head of Dispute Resolution at Arzinger include representation, in cooperation with a Swiss law firm, of a Swiss company in a EUR 7 million dispute with a Ukrainian state authority under the UNCITRAL Arbitration Rules; representation of a large Austrian company in court proceedings for enforcement of a multi-million dollar arbitral award, adopted in accordance with the Rules of the Vienna International Arbitral Centre; representation of a leading global agribusiness and food company in a major multi-million dollar investment dispute concerning seaports infrastructure.

While working in the Ministry of Justice, Sergii undertook procedural lead in the following cases: as the relevant deputy minister, he ensured the representation of the State in arbitration proceedings on the action by Krederi Ltd. against the State of Ukraine; in arbitration proceedings on the action by JKX Oil & Gas plc against the State of Ukraine; in arbitration proceedings on the action by Tatneft OJSC against the State of Ukraine; in arbitration proceedings on the action by Torno Global Contracting S.r.l and Beta Funding S.r.l. against the Ministry of Transport and Communications of Ukraine and the State Service of Motor Roads of Ukraine.

Sergii has obtained his doctoral degree (Dr. jur.) for the thesis “Protection of Rights and Interests of Business Entities in Legal Relations with the Bodies of the Antimonopoly Committee of Ukraine”.

Public activity:

Sergii is a co-founder of the non-profit partnership of the CIS countries “Assistance to the Development of Competition”; he was an expert of the EU TACIS program in the project “Harmonization of Competition and Public Procurement Systems in Ukraine with EU Standards.”

Sergii is a member of the Judicial Reform Council under the President of Ukraine (Presidential Decree No. 826/2014) since its establishment in 2014; co-developer of the laws of Ukraine “On Bodies and Persons Enforcing Court Decisions and Other Bodies’ Decisions” and “On Enforcement Proceedings”; co-developer of new procedural codes: Civil Procedural Code, Commercial Procedural Code, Code of Administrative Justice. Head of Supervisory Board on compliance with the requirements of the Law of Ukraine "On Financial Restructuring" (during the entire period of work, the Financial Restructuring Secretariat registered 20 debtors for the total amount of UAH 26,742.354 billion; 10 of them, for the total amount of UAH 13,189.65 billion, were successfully closed). Official representative of the International Development Law Organisation (IDLO) (till 18.03.2015), member of Scientific and Advisory Council at the Supreme Court of Ukraine since its establishment in 2018.

Sergii is Senior Lecturer on competition law at the Branch Law Department of the National University of Kyiv-Mohyla Academy (since 01.09.2010).

Member of CEO Club Ukraine, the largest private club uniting CEOs and owners of medium and large businesses, since its establishment in 2011.

He is author and co-author of more than 30 scientific, educational and methodical publications (including in international and licensed editions), co-editor of scientific and practical commentaries on codes and laws of Ukraine, in particular:

  • Author of the Monograph " Protection of Rights and Interests of Business Entities in Legal Relations with the Bodies of the Antimonopoly Committee of Ukraine " – K: Yustinian, 2015. – 196 p. The Monograph deals with the issue of ensuring the effective representation of business entities in the procedures of competition law application;
  • Co-author of the Commentary "Application of Competition Law. Practice of Ukraine, EU, RF, and USA" – K: Yustinian, 2014. – 248 p. The Commentary systematizes the practice of competition law application in national and foreign jurisdictions, prepared in co-authorship with Ivanytska N.A.;
  • Co-author of Scientific and Practical Commentary to the Law of Ukraine “On the Protection against Unfair Competition” (Ukr.). – K.: PH "Yurydychna Gazeta", 2013. – 176 p., the first scientific and practical edition in Ukraine investigating the practice of law enforcement on protection against unfair competition, prepared in co-authorship with Androschuk G. A., Bondaryev T.B., Ivanytska N.A.

Awards:

  • Study by "Yurydychna Gazeta" Market Leaders: Rating of Ukrainian law firms 2017, featured among TOP 10 effective civil servants from legal business;
  • Study by "Yurydychna Gazeta" «Market Leaders: Rating of Ukrainian law firms 2016, featured among TOP 10 effective civil servants from legal business;
  • Client’s Choice rating by "Yurydychna Gazeta", recommended in the field of dispute resolution in Ukraine;
  • Rating "Ukrainian Law Firms 2013. A Handbook for Foreign Clients 2013, 2014": recommended in dispute resolution;
  • "50 Leading Law Firms of Ukraine 2013": ranked in litigation;
  • Chambers Global and Chambers Europe 2012, 2013, 2014: recommended in dispute resolution as "a highly capable and tenacious lawyer who knows what he wants and goes out and gets it";
  • Best Lawyers 2013, 2014 – named among experts in agriculture, corporate law, labour law and employment, dispute resolution, M&A, real estate;
  • Who's Who Legal: CIS 2010, 2011 – recommended in dispute resolution, competition, public procurement, insurance and bankruptcy;
  • International Who’s Who of Public Procurement Lawyers у 2012, 2013: noted in the field of public procurement;
  • The Legal 500 – Europe, Middle East & Africa 2010, 2011, 2012, 2013, 2014: noted in dispute resolution, competition, tax law, and IP;
  • Special study “Best Lawyers in the Eyes of Legal Business Colleagues” 2010-2011, 2012-2013 by "Yurydychna Gazeta" 2010-2011, 2012-2013: named among the experts in litigation, antitrust law, agricultural law and dispute resolution.

Membership:

  • International Bar Association (IBA)
  • Bar Association of Ukraine
  • Kyiv City Bar
  • Society of German and Ukrainian Lawyers

Languages: Ukrainian, Russian, German, English

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