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How Slovak courts operated in 2023 – Statistics don’t lie
At the beginning of August 2024, the Ministry of Justice of the Slovak Republic released its annual statistical yearbook for 2023 (please see here: Statistical Yearbook 2023). At the time of publication, the effects of the so-called judicial map reforms that were initiated in 2023 had not yet manifested themselves in any significant way. However, we have identified several intriguing trends and other data that we would like to bring to your attention. Civil and commercial litigation In 2023, courts in the Slovak Republic handled 39,920 civil cases, with 110,392 disputes (including commercial cases), which is 7,742 fewer cases than in 2022. Based on an overview of the duration of proceedings in
Kinstellar advises France’s NJJ Capital on the landmark roll-up of businesses in the telecommunications sector in Ukraine
Kinstellar is proud to have acted as Ukrainian legal counsel to NJJ Capital, the investment company of France’s leading technology entrepreneur Xavier Niel, on the acquisition and merger of Datagroup-Volia, one of Ukraine’s largest fixed telecom and pay-TV providers, and Lifecell, Ukraine’s third-largest mobile operator. This landmark transaction is a significant consolidation of and investment in the Ukrainian telecoms market, that will bring many benefits to telecoms consumers, especially during wartime circumstances. Kinstellar’s legal team provided comprehensive Ukrainian law advice to NJJ Capital throughout the transaction. Lead lawyer and office managing partner Olena Kuchynska, noted:
New tax amnesty adopted by the Romanian government
On 6 September 2024, the Romanian government adopted Emergency Ordinance no. 107/2024 (“the GEO”) regulating a nationwide tax amnesty generally aimed at cancelling late payment interest and penalties related to certain outstanding tax liabilities, as summarised below.1. Waiver of interest, penalties and other additional charges for outstanding debts as of 31 August 2024 for all taxpayers. The outstanding debts as of 31 August 2024 include: budgetary liabilities for which the due date or payment term has been met on or before 31 August 2024; supplementary budgetary liabilities established by tax assessment decisions communicated up to and including 31 August 2024, as well supplementary liabilities
Romania to hold first CfD renewables auction in coming weeks
Romania is set to hold its first contracts for difference (“CfD”) auction in the next few weeks. The Ministry of Energy has taken further steps and issued the order for initiating the CfD auction under the CfD scheme. On 6 September 2024, Order No. 1290/2024, approving the launch of the first auction for the State aid scheme in the form of contracts for difference for the production of electricity from renewable sources of onshore wind and solar photovoltaic energy, as well as the rules of the procedure for the first auction (“Order 1290/2024”), was published in the Official Gazette of Romania and entered into force on the same date. The total capacity targeted is 1,500 MW of renewables; specifically
Kinstellar and DataDriven provide an overview of demining industry regulations in Ukraine
Kinstellar, in collaboration with DataDriven, provides regulatory guidance for companies entering Ukraine’s demining industry. Against the backdrop of Russia’s war, Ukraine has become the most heavily mined country in the world, with demining efforts estimated by the World Bank to require approximately USD 38 billion. The participation of Ukraine’s international partners is crucial to accelerate these efforts. " We invite our partners to support Ukraine to meet the critical need for demining operations and we will support these partners via expert navigation through the rapidly evolving legal and regulatory framework," noted Kinstellar Ukraine Partner and Head of the Defence
Changes to the Czech Labour Code applicable from 1 August 2024 and 1 January 2025
Minimum salary A new methodology for determining minimum salaries has been implemented. In line with EU legislation, from 2025 the minimum wage will be determined by an indexation mechanism and be announced by the Ministry of Labour and Social Affairs no later than on 30 September for the following year. The guaranteed salary grading (an additional “minimum” salary scaled according to the complexity of the given work) has been abolished as obsolete. Accordingly, from 1 August the only minimum salary amount which employers must adhere to is the minimum salary, determined and announced as above. The proposed (not yet approved) level of the minimum salary is 42,2 % of the average salary, i.e. CZK 20 600 for 2025
Czech Republic is preparing a new incentive scheme for the video games industry
The Czech Republic will soon join a group of European countries that offer incentives to the video games industry. The video games industry has been one of the fastest growing sectors in the Czech Republic in recent years, and enjoys an excellent reputation worldwide – despite the lack of any kind of state support. However, this will likely soon change with the adoption of an amendment to the Czech Act on Audiovision (the “Amendment”). Some of the most significant new changes introduced by the Amendment are the transformation of the current Czech Film Fund into the Czech Audiovisual Fund (the “Fund”) and the extension of the state incentive system to include the video games industry. According to the Amendment
Romania strengthens screening of EU investments
Further to the December 2023 amendments to the Romanian regime for screening inbound direct investments (that we previously covered here), which formally included EU investors within the scope of screening, the Romanian Parliament has adopted a new law (the “New Law”) to further strengthen the approach towards EU investors. The New Law explicitly extends to EU investors the sanctions regime previously applicable to non-EU investors. Gun jumping will be treated in the same manner regardless of the investor’s nationality, with potential sanctions of up to 10% of worldwide turnover applicable to EU and non-EU investors alike. This was not an oversight in the December 2023 amendments, but rather the government’s preferred
Expanding opportunities for retail investors in Kazakhstan: AIFC's influence on the new legislative framework
According to the official website of the Government of Kazakhstan, the Agency of the Republic of Kazakhstan for Regulation and Development of the Financial Market is working on a new legislative proposal with the goal of broadening the participation of retail investors in collective investment schemes (the "CIS") across Kazakhstan. Currently, the CIS retail business is mainly possible within the Astana International Financial Centre (AIFC). While this could be seen as competition with the AIFC, in the long term, the adoption of such a law will help create a solid platform for the development of funds not only within the AIFC but also throughout Kazakhstan. In these proposed innovations, we see the influence of the flexible
Individuals are advised to check their personal online tax accounts for real property tax liability
In Ukraine, individuals are obliged to pay the respective real estate tax upon receiving a notification-decision from the tax authorities, which should arrive by July 1. Even if such a decision is not received by this date, the tax authorities still have a three-year period within which valid payment notifications can be sent. The tax authority regularly updates its tax database, so the safest way to check one’s tax liability is to use a personal online tax account on the official website of the tax authority. The attached alert outlines the key points regarding the payment of real estate tax for individuals, namely who must pay the tax, in what amount, within what time frame, etc. Please read below our overview in English
Minority shareholder protection in the AIFC, Kazakhstan
In private companies limited by shares, the most popular form of company established in the Astana International Financial Center ("AIFC") shareholders range from those with majority ownership stakes (i.e. greater than 50%) to those with smaller holdings. The latter, known as minority shareholders, often face challenges due to their limited ability to influence business decisions. Our expertise lies in safeguarding the rights of minority shareholders, offering advice on protection strategies and negotiation tactics to ensure fair outcomes in disputes involving misconduct by directors or controlling shareholders. After five years of closely monitoring the AIFC legislation and practicing corporate law within the AIFC, we believe
The new EU AML framework and its far-reaching implications
The Council of the European Union has recently adopted a new set of Anti-Money Laundering (AML) rules, nearly three years after the European Commission unveiled its package of legislative proposals. The legislative package introduces significant changes to the EU’s AML and Countering the Financing of Terrorism (CFT) landscape, including: A more detailed and synchronised approach as to implementing parts of the AML/CFT regulations such as in respect of client due diligence, internal policies and identification of beneficial owners; A requirement for each obliged entity to have a compliance manager (member of the management body/senior management); Extending the list of obliged entities to include (amongst