ME
NU

Sergii Shkliar

Founding partner, Attorney-at-law
About lawyer

Attorney-at-law, LL.D. (Thesis on “Control over observance of legislation on protection of economic competition in Ukraine: Administrative and legal principles of organization and functioning”), Merited Lawyer of Ukraine, Head of Dispute Resolution, Antitrust and Competition, GR.

Additional
information
  • Experience

    From 2015 till 2018 Sergii held the position of Deputy Minister of Justice of Ukraine for Enforcement Service. He was responsible for the implementation of the institute of private bailiffs in Ukraine. During 2016–2017, he supervised the representation of the interests of the State in courts, insolvency and forensic examinations, as well as the representation of the State in foreign jurisdictional bodies. During that period, Sergii was procedural supervisor in more than 50 disputes, including under ICSID, ICC, SCC, UNCITRAL, and LCIA Rules.

    Apart from legal consulting, Sergii worked in executive positions in large companies, in particular British Petroleum, where he led the Coprorate Law and Property Group, as well as in the civil service. 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. He was Partner at Hartmann&Рartners International Law Firm for three years; headed the Legal Department of Monolit Corporation.

  • Education

    Advanced doctoral degree (LL.D.), awarded for the thesis “Control over observance of legislation on protection of economic competition in Ukraine: Administrative and legal principles of organization and functioning”.

    Doctoral degree (Dr. jur.), awarded for the thesis “Protection of Rights and Interests of Business Entities in Legal Relations with the Bodies of the Antimonopoly Committee of Ukraine”.

    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)

    Ukrainian Corporate Governance Academy.

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

    Sergii has graduated from Aspen Institute Kyiv in 2018 (https://aspeninstitutekyiv.org/en/).

    Theme of the seminar “Justice, Law and society”.

  • Public activity

    Sergii is a member of the Judicial Reform Council under the President of Ukraine (Presidential Decree No. 826/2014), 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 the new Civil Procedural Code, Commercial Procedural Code, Code of Administrative Justice, co-developer of the Laws “On the Supreme Council of Justice”, “On the Constitutional Court of Ukraine”, “On Ensuring the Right to a Fair Trial”, “On the Judiciary and the Status of Judges”.

    He is Chairman of the Supervisory Board on compliance with the requirements of the Law of Ukraine "On Financial Restructuring" (as of 01.01.2019, the Financial Restructuring Secretariat set up by the Supervisory Board registered 28 restructuring procedures for the total amount of UAH 39.5 billion; 24 of them, worth UAH 31.26 billion, have been successfully completed).

    Official representative of the International Development Law Organization (IDLO) till 18.03.2015.

    Member of Scientific and Advisory Council at the Supreme Court of Ukraine since 2018

    Merited Lawyer of Ukraine (Presidential Decree No. 188/2019).

    Co-founder of CEO Club Ukraine, the largest private club uniting CEOs and owners of medium and large businesses (established in 2011)

    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.”

     

    Monographand Publications

    Sergii is author and co-author of more than 70 scientific, academic publications (including in international and peer-reviewed 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.
    • Co-author of the Scientific and Practical Commentary to the Law of Ukraine “On Protection from Unfair Competition” (Ukr.). – K .: “Yurydychna Gazeta”, 2013. – 176 p. The first scientific and practical publication in Ukraine that examines the enforcement practice of legislaiton on protection against unfair competition, prepared in co-authorship with Androshchuk H.A., Bondaryev T.B. and Ivanytska N.A..
    • Author of the Monograph “Control over observance of legislation on protection of economic competition of Ukraine: Problems of improving administrative and legal regulation”, 2018. – p. 466. The monograph is a comprehensive study of problems and developments in the outlook of improving the administrative and legal regulation of control over observance of legislation on the protection of economic competition.

    Other publications:

    Scientific Publications

    • Androshchuk G.A., Shkliar S.V. Scientific and Practical Paper "Competition Law: Protection from Unfair Competition". – K. Yustinian, 2012. – 472 p.
    • Scientific and Practical Commentary to the Commercial Procedural Code of Ukraine. As of 20 January 2018 / Under general editorship of Koroyed R.O. – K.: Publishing House “Professional”, 2018.– 400 p.
    • Scientific and Practical Commentary to the Commercial Procedural Code of Ukraine / Under general editorship of V.V. Halunko – K.: Center for Educational Literature, 2018. – 752 p.
    • cientific and Practical Commentary to the Family Code of Ukraine / Under general editorship of Zhyravlyov D.V. – К.: Center for Educational Literature, 2018. – 520 p.
    • Scientific and Practical Commentary to the Civil Code of Ukraine / Under general editorship of Koroyed R.O. – K.: Center for Educational Literature, 2018. – 1168 p.
    • Scientific and Practical Commentary to the Law of Ukraine "On Enforcement Proceedings" / Under general editorship of Zhyravlyov D.V. – K.: Center for Educational Literature, 2018. – 424 p.
    • Shkliar S.V. Grounds for appealing decisions, actions (omissions) of bodies of the Antimonopoly Committee of Ukraine (its officials), inducing them to certain actions / S.V. Shkliar // Bulletin of commercial proceedings of Ukraine. – 2011. – №1. – P. 125–130.
    • Shkliar S.V. Types of control over observance of legislation on protection of economic competition / Shkliar S.V.  // Scientific Bulletin of Public and Private Law. – 2017. – Issue 5. – P. 122-128.
    • Shkliar S.V. Essence of state regulation of economic competition in a market economy / Shkliar S.V.  // Scientific Bulletin of Public and Private Law. – 2017. – Issue 6. – С. 178-184.
    • Shkliar S.V. On methods of state regulation of economic competition in a market economy / Shkliar S.V.  // Topical Issues of Law: Theory and Practice. – 2017. – № 33. – С. 255-264.
    • Shkliar S.V. Methods of protecting the rights and legitimate interests of a business entity by bodies of the Antimonopoly Committee of Ukraine / S.V. Shklyar // Bulletin of Commercial Proceedings of Ukraine. – 2011. – №3. – P. 141-146.
    • Shkliar S.V. Subordination of cases concerning appeals against actions and decisions of the Antimonopoly Committee of Ukraine / S.V. Shkliar // Bulletin of commercial proceedings of Ukraine. – 2011. – №4. – P. 143-149
    • Shkliar S.V. Certain Issues of the Competition Process / S.V. Shkliar // Bulletin of the Academy of Advocacy of Ukraine. – 2011. – № 1(20). – P. 50-57. 
    • Shkliar S.V. Topical problems of legislation of Ukraine regarding the protection of trade secrets according to international law principles / S.V. Shkliar // Jurisprudence: Theory and Practice. – 2007. – № 2 (28). – P. 13-24. 
    • Shkliar S.V. International legal principles of protection of industrial property from unfair competition / S. Shkliar // Entrepreneurship, economy and law. – 2007. – № 4 (136). – P. 19-23.
    • Shkliar S.V. Certain problems of procedural and process aspects of cases considered by bodies of the Antimonopoly Committee of Ukraine / S.V. Shkliar // Modern problems of the legal system of Ukraine: Collected Materials of the 2nd International Scientific and Practical Conference in Kyiv, 28 October 2010 – К., 2011. – Issue 2. – P. 185-189. 
    • Shkliar S.V. Issue of delineating the jurisdictions of commercial and administrative courts in proceedings on antitrust disputes / S.V. Shkliar // Legal issues of state creation and protection of human rights in Ukraine: Materials of the International  Scientific and Practical Conference in Kharkiv, 23-24 February 2011: in 4 volumes – Kharkiv., 2011. – Vol. 2. – P. 106-108.
    • Shkliar S.V. Specifics of business entities’ exercise of the rights to protect their interests in bodies of the AMC / S.V. Shkliar // Topical issues of modern state-creation and law-making processes: Materials of the Scientific and Practical Conference in Zaporizhzhya, 24 February 2011 : in 3 parts – Zaporizhzhya, 2011. – Part 1. – P. 110-112.
    • Shkliar S.V. Certain problem aspects of changing or abolishing decisions of the Antimonopoly Committee of Ukraine and recognition of its actions as illegal / S.V. Shkliar // Public and Private Law: Ways to improve legislation and practice: Materials of the International  Scientific and Practical Conference in Kharkiv, 25-26 March 2011 : in 2 Volumes – Kh., 2011. – V. 2. – P. 115-117. 
    • Shkliar S.V. Issues of expanding the powers of antitrust authorities / S.V. Shkliar // Days of Science of the National University "Kyiv-Mohyla Academy" at the Department of Law in 2011-2012: theses of scientific and round table reports on 30 November 2011, 26 and 30 January 2012. – К., 2012. – P. 94-97.
    • Shkliar S.V. Delineation of powers of antitrust authorities as a guarantee of protection of rights of economic entities in legal relations with the Antimonopoly Committee of Ukraine / S.V. Shkliar // Essence and importance of impact of legislation on the development of public relations: Materials of the International Scientific and Practical Conference in Odessa, 18-19 May 2012: in 2 parts, 2012. – Part II. – P.59-61.

    International and Peer-Reviewed  Publications

    • The Dispute Resolution
    • Review (5th Edition), Ukraine by S. Shklyar and M. Malskyy, p. 840 – 886.
    • Legal Background, Framework and Procedural Issues of Ukrainian Competition Law by Sergiy Shklyar, p. 233-236.
    • Ukrainian Competition Policy, Competition Law Insight, 8th March 2011.
    • Getting the Deal Through: Cartel Regulation 2011, Ukraine by Sergiy Shklyar, p. 268-273.

    Academic Publications

    • Enforcement of Judgments. Legislation. Clarification. Court Practice / Under general editorship of S.V. Shkliar. – Kyiv: Yurinkom Inter, 2017. – 668 p.
    • Bailiff’s Normative Handbook. Manual / Compiled by Shkliar S.V., Chyzhmar K.I., Zhuravlyov D.V. – K.: “Center for Educational Literature”, 2016. – 208 p.
  • Recognition & Awards

    • Study by "Yurydychna Gazeta" Market Leaders: Rating of Ukrainian law firms 2016 and 2017, 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.
    • Special study “Best Lawyers in the Eyes of Legal Business Peers” 2010-2011, 2012-2013 by "Yurydychna Gazeta" 2010-2011, 2012-2013: named among the experts in litigation, antitrust law, agricultural law and dispute resolution.
    • Rating "Ukrainian Law Firms. A Handbook for Foreign Clients 2013, 2014": recommended in litigation.
    • 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.

  • Membership in organizations

    International Bar Association (IBA)

    Ukrainian Bar Association

    Kyiv City Bar

    Society of German and Ukrainian Lawyers

    CEО Club

  • Languages

    English, Russian, Ukrainian, German,