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Insights September 2022

183 days of war in Ukraine: Tax considerations for refugees and their employers

The war in Ukraine has now passed the 183-day mark. This unfortunate milestone is a reminder to employers with a dispersed workforce of Ukrainian refugees to take a look at the status of these employees. Under many tax treaties mirrored after the OECD Model Treaty, the 183-day period implicates a significant threshold: individuals temporarily present in the treaty-party country (the Host Country) may be taxed by that country on income for personal services performed there if the individual resides in the Host Country for over 183 days in a given tax year. This is called the 183-Day Rule. Few European countries have issued guidance on how they intend to apply the 183-Day Rule to Ukrainian refugees. Although one

Insights September 2022

Kinstellar comments on the advantages and disadvantages of the law on the protection of real estate investors in Ukraine

On 15 August 2022, the Ukrainian parliament adopted draft law No. 5091 "On guaranteeing property rights to real estate objects to be constructed in the future" which should protect investors in Ukraine's primary real estate market. At the invitation of 100realty.ua, Oleksandr Misiats, Junior Associate in our Kyiv office, sheds some light on the advantages and disadvantages of the law to residential investors. The article published in Ukrainian on 100realty.ua portal is available on this link. 

Insights September 2022

Ukraine: The Post-Victory Reconstruction

Historically, Ukraine has been known as a country with a good investment climate, particularly in the energy sector. The country’s high feed-in tariff rates, general digitalization, well-established and simplified regulatory procedures, and the availability of alternative suppliers for works and services, among other factors, have contributed to a large influx of investors in new green energy projects in Ukraine. The large-scale and aggressive war of the Russian Federation against Ukraine, which first began in 2014 and further escalated in 2022, has led to an increasing number of human losses and widespread material destruction. Power plants and power lines, airports, ports, schools, hospitals, roads, residential

Insights September 2022

Czech Republic approves ban and restrictions on selected plastics

The Czech Republic has adopted legislation on reducing the environmental impact of selected plastic products (along with another act amending existing regulations). The respective acts introduce several types of measures – in particular a complete ban on certain single-use plastic items and restrictions on the production of other plastic products; or granting financial support to municipalities. The acts implement the EU’s Directive on single-use plastics – albeit more than one year late. The new laws enter into force on 1 October 2022; but the various obligations become effective as of 1 January 2023, or 1 January 2024, or 1 July 2024, respectively – or, in some cases, even later, such as in 2030. Please

Insights August 2022

Kinstellar overviews the new Ukrainian Law on joint stock companies

On 18 August 2022, the President of Ukraine signed the new Law "On Joint Stock Companies" No. 2493 ("the Law"). It will enter into force on 1 January 2023. The Law was enacted to ensure the fulfilment of Ukraine's obligations under the Association Agreement with the EU regarding the harmonisation of national legislation with EU legislation in the field of corporate governance, as well as to improve Ukraine's position in the World Bank’s “Doing Business” ranking, specifically on the indicator "Protecting Minority Investors".We have prepared a brief overview of the main changes introduced by the Law. Download in English: Download in Ukrainian:

Insights August 2022

Changes to Bulgaria’s Labour Code and other legislative acts are now in effect

New important amendments to the Labour Code, the Social Insurance Code and the Health Insurance Act have come into effect in Bulgaria. They include changes to parental leave, work-life balance measures, shorter trial period, new timing and procedures for amendments to employment agreements, limited non-compete, and the provision of information and training programmes. Read more in this brief overview put together by the employment team in Sofia, Partner Nina Tsifudina and Senior Associate Anita Borisova. 

Insights August 2022

Recent Updates in Employment and Labour Law in Romania

Click on the link below for a summary of the latest employment and labour law developments in Romania. The first issue in our series covers: the tax changes concerning part-time individual employment contracts the increase of the maximum value of meal vouchers the reduction of the retention period for payroll statements the new regulations on domestic providers the extension of the Kurzarbeit mechanism until 31.12.2022 the CJEU ruling on the dismissal of a data protection officer without a serious reason This overview was put together by Partner Remus Codreanu and Senior Associate Lidia Zarnescu, with the support of our local employment and labour law team

Insights August 2022

Key takeaways from the ongoing reform of labour law in Ukraine

Due to the challenges of martial law and the continued need to adapt labour rules to the modern needs of businesses and employees in Ukraine, Ukrainian labour law is undergoing comprehensive reform. The first part of the reform was implemented in March 2022 with the adoption of the Law of Ukraine “On the Organisation of Employment Relations During Martial Law”, key peculiarities of which we analysed earlier. Ukraine’s parliament recently proceeded with the reform of labour legislation by adopting the Law of Ukraine “On Introduction of Amendments to Certain Laws of Ukraine on the Optimisation of Employment Relations”. This law, which became effective on 19 July 2022, includes (1) amendments to the Labour Code

Insights July 2022

Kinstellar contributes to the Clean Energy Tool launched by Simmons & Simmons

Kinstellar is honoured and delighted to have contributed, as exclusive authors, to the Czech, Hungarian and Kazakhstan sections of the Clean Energy Tool launched by international law firm Simmons & Simmons. The Clean Energy Tool provides reliable, consistent and easy-to-manage information to support investments in clean energy projects around the world. It gives investors online access to important legal and regulatory information concerning renewable energy projects. The tool is constantly expanding and already covers 44 jurisdictions. Information is developed in collaboration with premiere local counsel selected by Simmons & Simmons from across Africa, Asia, Europe, Latin America, Australia and the Middle East.

Insights July 2022

The Digital Services Act – an overview of the new online intermediary liability rules

An intense effort to agree on unified directly applicable European rules for digital services is finally yielding results. On 5 July 2022, almost two years after their introduction by the European Commission, the European Parliament adopted in the first reading the Digital Services Act (DSA) and Digital Markets Act (DMA), following an earlier deal reached between the Parliament and the Council of the European Union on 23 April and 24 March 2022, respectively. Both the DSA and DMA are landmark rules with the potential to fundamentally change the way digital services are provided within the European Union (EU). In this installment, we look at the DSA, which updates the rules for online intermediary liability 20 years on from

Setting up July 2022

Setting up operations in Croatia

Today’s uncertainties at the European Union’s eastern border have left companies questioning the safety of their people and the continuity of their operations in that part of the world. Businesses in the IT and BPO sectors that had found talent and growth opportunities in countries such as Ukraine or Moldova are now rethinking their strategy and options to move operations across the border, either temporarily or permanently. Our team in Zagreb has prepared a quick overview of the most important aspects that you need to consider if you decide to move your operations to Croatia.  Download in English: Download in Ukrainian:

Insights June 2022

Romanian government adopts law sanctioning speculative actions during times of crisis and regulating the abuse of superior bargaining position

In the context of a looming post-COVID-19 financial crisis, exacerbated by the Russian intervention in Ukraine, soaring energy and fuel prices, and rapidly rising inflation, the Romanian government has recently adopted Government Emergency Ordinance 84/2022 on combating speculative actions and amending and supplementing certain normative acts (the “GEO”). The GEO was published in the Official Gazette on 20 June 2022 and will enter into force fully in 30 days from publication.   The GEO amends Law no. 11/1991 on unfair competition (the “Unfair Competition Law”) and introduces major changes to the legal framework of unfair competition rules in Romania. The GEO provides for, inter alia, sanctions for speculative actions