UKRAINE Law and Practice Contributed by: Mykyta Nota and Anton Arkhypov, AVELLUM
8.3 Ability of Third Parties to Appeal Clearance Decisions
sion. Court decisions can be appealed within 20 days. Unsuccessful appeals can be brought to the Supreme Court. Courts may consider relevant claims as follows: • up to 135 calendar days at first instance; • up to 65 calendar days at appeal; and • up to 80 calendar days at cassation. However, these terms are not always followed due to various administrative reasons.
Third parties have the right to challenge a clearance decision by the AMC in commercial courts. There has been no successful appeal to date. 9. Foreign Direct Investment/Subsidies Review 9.1 Legislation and Filing Requirements Currently, Ukraine does not have foreign direct invest - ment or foreign subsidies legislation that may require separate filings for transactions beyond what is nec - essary under merger control law. Please see 4.6 Non- Competition Issues .
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