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The heart of Europe now beats in the East

Exactly two years ago, on 24 February 2022, we awoke to a reality that had no right to happen. Russia had invaded Ukraine, and the world held its breath, expecting Ukraine, smaller and weaker, to fall in the next few days.

How gloriously wrong everyone was! To this day, the aggressors have not been able to overcome the Ukrainian resistance nor achieve their objectives. Instead, they have repeatedly exposed their weaknesses and, in the process, shattered Western illusions that it is possible to build any kind of relationship with Russia. And the defenders have not only not surrendered without a fight, but for two hard years have shamed the international community years with their courage, determination and steadfastness, their intelligent and effective action, and their truly innovative use of the limited available equipment and technology.

And although the extent of the destruction, the number of victims and the scale of loss are unimaginable, Ukraine has not collapsed. The state is functioning and fulfilling its duties, its representatives are active on the international stage, and its soldiers are still fighting. They are bravely defending not only their own borders, but also the security and freedom of our part of the world.

So Europe must not waver in its support for the country and its people.

How do we see our role? As a large law firm, we have the opportunity to act pragmatically and effectively on many levels. And that is what we are doing.

The Ukrainian Desk at Kochański & Partners has completed over 25 Ukrainian-Polish business projects

In order to provide high-quality, effective and timely assistance to Ukrainian businesses, we have established a Ukrainian Desk headed by Markiyan Malskyy, a prominent Ukrainian lawyer, advocate, expert in international arbitration and Honorary Consul of Austria in Lviv.

Since the beginning of the war, we have already handled more than 25 Ukraine-related commercial projects, making us Poland’s number one law firm for such projects.

And the potential here is huge, ranging from industry and defence, through a wide area covering war relief, medicine, logistics, infrastructure, metallurgy and exploitation of natural resources, to all kinds of manufacturing, innovation and new technologies.

Among the largest investors currently operating in Ukraine are:

  • Kingspan – with investment projects worth over USD 280 million
  • Arcelor Mittal – has invested approximately USD 250 million in the last two years
  • Onur Group – has earmarked USD 50 million for graphite ore mining

Ambitious plans are also being implemented by Nestle (USD 45 million), Carlsberg (UAH 1.5 billion), Henkel (EUR 60 million), Bayer (EUR 60 million) and Philip Morris International (USD 30 million).

In addition, the European Bank for Reconstruction and Development has provided almost USD 25 million for the construction and organisation of the Lviv Industrial Park.

Other plans and projects for the next two years include Veon’s investment of around USD 600 million in Kyivstar’s infrastructure, the construction of a EUR 900 million waste-to-energy plant in Ternopil (Madoqua Renewables) and 3 projects by Bayraktar, on which the company plans to spend USD 100 million.

In addition, Ryanair announces that it will spend USD 500 million on maintenance infrastructure and a further USD 3 billion on its fleet, and Igor Liski’s EIF Group will start construction of a new Feednova plant in the Cherkasy region for USD 25 million. Also, EUR 70 million will be invested in Triosan Holding’s first geothermal greenhouse complex in Ukraine.

Poland’s Laude will also increase its investment, which has so far totalled around EUR 100 million, with one of its first steps being to move its logistics operations from Russia to Ukraine.

(Re)Build (New) Ukraine – we effectively connect Polish and Ukrainian business

We understand our role in supporting Ukraine in a very broad sense: from the purely human upsurge of the first days of the war, when we organised and provided shelter and humanitarian aid, we quickly moved on to more structured activities, which today can be divided into several areas that go far beyond business.

Arbitration

In a number of cases against the Russian Federation, we are primarily assisting clients in seeking compensation for war damage and resulting business and financial losses, both through international investor-state dispute settlement and through the enforcement of Ukrainian court judgments.

Business

As part of our own (Re)Build (New) Ukraine programme, we support the business community by actively encouraging Polish-Ukrainian ventures.

We regularly organise trainings, seminars and webinars where we share practical knowledge on how to participate in projects related to Ukraine’s reconstruction, show examples of successful and completed projects, and assist in financing investments and attracting international investors, partners and capital.

Over the past two years, we have held more than a dozen such events, discussing relocation opportunities and business potential, current and planned tender processes, and the practical experiences of doing business in Ukraine. Guests at our meetings have included the ambassadors of Ukraine and Japan, as well as representatives of Spanish and Japanese companies interested in actively participating in the country’s post-war reconstruction.

Education

We also provide systemic support to Kalyna, the Polish-Ukrainian-Canadian Scholarship Foundation, which raises funds for activities that promote Polish-Ukrainian understanding.

These include:

  • University scholarships for children of Ukrainian soldiers killed in Donbass
  • Academic and artistic scholarships for research into Polish-Ukrainian relations
  • Grants to authors of books and organisers of artistic, cultural or social events dealing with history and Polish-Ukrainian relations

All scholarships awarded by Kalyna are contract-based and linked to the fulfilment of specific tasks in the field of Polish-Ukrainian reconciliation. Piotr Kochański is the founder and a member of the Foundation’s Supervisory Board.

The future

Total war damage and losses now exceed USD 800 billion, and damage to infrastructure has already surpassed USD 150 billion. These figures are growing by the day, so our Ukrainian Desk team has another very important role to play.

It monitors the scale and scope of the war damage on an ongoing basis. As a result, we not only have a good understanding of the most pressing current needs, such as the supply of goods and equipment, but are also able to effectively identify business opportunities, for example by mapping planned public procurement.

We therefore have a unique knowledge that enables us to be an effective advisor and partner to those who are now interested in a rapid end to the war and the rebuilding of a strong, democratic Ukraine that will be part of a united European community.

Questions? Contact us

Markiyan Malskyy


Contact us:

Markiyan Malskyy, PhD hab

Markiyan Malskyy, PhD hab

Advocate (UA), Partner, Head of Ukrainian Desk

+48 734 462 582

m.malskyy@kochanski.pl