During the speech of our partner Masi Nayem at the BOARD community meeting, this question was raised at every step. And we are pleased that today it is being raised not only by lawyers but also by Ukrainian business.
Veteran policy in the BOARD business community is not about formal initiatives, but about knowledge and responsibility. We understand that returning from war is not the end of history, but its continuation in new conditions. Therefore, the approach should be based on respect, equality, co-creation and a conscious attitude to the experience of female and male veterans.
Veteran policy is not about loud gestures. It is about respect, inclusion, partnership, knowledge and strategy.
Masi Nayyem spoke about the main thing at the meeting:
Why respect is not only about words, but also about actions.
Why we should not heroize or isolate veterans.
Why “nothing about veterans without veterans” should be a rule, not a slogan.
And why support is not about weakness, but about the strength of the community.
He shared the practices we implement at Miller:
A humane return to work after service.
Full voluntariness of participation in the initiatives.
Trauma-informed approach and language sensitivity.
Honoring not only loss but also resilience.
For us, as a law firm, it is important not only to know the law. It is also important to put values above formalities.
Because a veteran is not an object of assistance. A veteran is a partner whom we trust. And whom we support.
The war changed the country, and it changed the very understanding of law: its boundaries, application, responsibility, and even its moral value.
That is why Miller has become a general partner of the First Forum on Military Law organized by the Ukrainian Bar Association, Taras Shevchenko National University of Kyiv and the Institute of Lawmaking of the National Academy of Sciences of Ukraine.
For us, this is not just a professional event. This is a logical continuation of our work in the field of military law: from legal defense and counseling to public and institutional changes. It is a way to strengthen those who are fighting and those who are returning. This is about respect for the military and the state’s responsibility to them.
In the program:
Protecting the rights and legitimate interests of military personnel and their families.
Legal Support for Defense, Military Duty and Service: Challenges and Solutions.
Formation of the military justice system: synergy of legal and political approaches.
Masi Nayyem, the founder of Miller Law Firm and NGO Principle, will moderate the session on the development of military justice.
September 10, Kyiv / online
10:00 – 17:00
Participation is free for military personnel (by prior request: forum@uba.ua)
We believe that a strong army needs a strong law. And we are doing everything to make it work not on paper, but on the side of those who are defending the country.
After 20 years of existence, the Commercial Code has been abolished in Ukraine. All commercial relations are now regulated by the Civil Code of Ukraine. This is a real step towards European integration, but in practice the changes will not affect everyone equally.
The practice of dividing into civil and commercial codes is a feature inherent in post-Soviet countries. In European countries, the dualism of private law (the parallel existence of civil and commercial law) ended in the 19th century with the adoption of the Commercial Code of 1808 in France and the Commercial Code of 1897 in Germany, which became a logical continuation of the civil codes, rather than separate systems.
The Soviet system created its own version of dualism – economic law for a planned economy. Ukraine inherited this model and preserved it even after the transition to a market economy.
Law No. 4196-IX was adopted back in January 2025, signed by the President in February, but came into effect on August 28, 2025. This document finally eliminates dualism in corporate law. Let’s figure out what this means for business and why the legislator decided to do it now.
Why was the Economic Code abolished during the war?
Bringing Ukrainian legislation into line with European Union standards is the main goal of the reform. European countries do not have separate economic codes; all commercial relations are regulated by civil law.
At the same time, it also solves internal problems. The Commercial and Civil Codes created legal uncertainty due to contradictions between their norms. A single basic law simplifies law enforcement for businesses and courts.
Why now? Ukraine is obliged to implement the Association Agreement with the European Union, and the war, paradoxically, accelerates the European integration processes. The legislator expects that a simplified legal framework will facilitate the attraction of foreign investments for the future reconstruction of the country.
Who will be affected by the changes: a large distribution
Small and medium-sized private businesses will feel the changes minimally. At most, they will have to correct their charters where there are references to the norms of the Commercial Code.
Large private businesses will have more work to do with adaptation. Large corporations often have complex internal regulations, contractual templates, and corporate procedures that were based on the norms of the Commercial Code of Ukraine. It will be necessary to review the entire documentary base for references to the abolished norms and bring it into line with the Civil Code of Ukraine. But this is technical work that does not change the essence of business processes.
State and municipal enterprises are facing radical changes. The law prohibits the creation of new legal entities in the following organizational and legal forms:
state-owned enterprises (commercial and non-commercial)
utilities
joint utility companies
private enterprises
innovative enterprises
enterprises of public associations, religious organizations, trade unions
consumer cooperative enterprises
Existing enterprises of these forms have three years to reorganize into limited liability companies (LLCs) or joint-stock companies (JSCs).
The ownership remains state or communal – only the organizational and legal form changes.
Why did the state decide to eliminate “state” and “municipal” enterprises in their old form?
Because the format of state/municipal unitary enterprises is recognized as outdated and opaque. Outdated forms do not meet the corporate governance standards that exist in the EU and according to OECD recommendations.
The reform involves corporatization: all state and municipal enterprises must be transformed into joint-stock companies or LLCs (or non-profit organizations where the state/community will own 100% of the shares). This allows the state owner to receive profit not just from asset management, but from capital.
Accordingly, transparency and accountability are increasing: property transactions should be conducted through open auctions (“Prozorro”), financial statements will be published, etc. Thus, the state is abandoning direct management of “nationalized” enterprises in favor of modern corporate mechanisms, which will promote transparency and attract investment.
How will this affect investors: will it be easier or more difficult for them to enter Ukraine?
This should make it easier for investors to enter. The transition to a single system of legal norms makes the regulatory environment more transparent and predictable. Investors like it when the rules are clear: now they don’t have to decide which code to apply to a contract or property relations. As a result, Ukraine is getting closer to the legal standards of the European Union, and therefore it will be clearer and safer for foreign investors to invest here.
Three years for adaptation: what needs to be done by 2028?
Law No. 4196-IX establishes a transitional period of three years from the date of its entry into force (i.e. from August 28, 2025 to August 28, 2028).
During this time, special regulations are in effect that gradually convert state and municipal enterprises into modern forms (JSC or LLC) and adapt all regulatory acts. Such a “soft start” is designed to give businesses enough time to re-register, update contracts and make other changes. During this transition period, enterprises are recommended to gradually update their documents and prepare to work under the new rules.
What happens if the company does not have time to change the documents?
If a company does not adapt its documents by the end of the transition period, this may lead to legal uncertainty and risks.
In particular, companies with outdated organizational forms will not be able to make changes to the Unified State Register from 2028, except in cases of liquidation or bankruptcy. This means that the company will not be able to change the manager or the composition of participants, which may complicate operations.
For state-owned enterprises, the law provides for a stricter scenario: if within the first 6 months after the law comes into force, the management does not make a decision to transform into an LLC or JSC, the property of such enterprises will be transferred to the State Property Fund.
Contracts and documents: what to rewrite?
First of all, you need to check the constituent documents and contracts. The charters (constituent agreements) of companies that contain references to the norms of the Commercial Code of Ukraine may contain outdated or inconsistent provisions with the new legislation.
You should also review the templates of contracts and agreements: they may contain special wording referring to the Commercial Code of Ukraine or a “commercial contract.” If such are found, they should be replaced with references, in particular, to the norms of the Civil Code of Ukraine.
In general, it is recommended to audit the company’s internal regulations (for example, regulations on the liability of managers or management bodies) to ensure that they do not contradict the updated rules.
Charters and founding agreements – if there are references to the Commercial Code of Ukraine, amendments should be made;
Agreements and contracts – review standard forms (supply agreement, lease, etc.), remove references to the Commercial Code of Ukraine;
Internal documents (regulations, orders) – make sure that job descriptions or management mechanisms comply with the Civil Code of Ukraine.
This will avoid misunderstandings and automatically convert the business into a new legal reality.
What will happen to the employees?
For employees of enterprises undergoing reorganization, nothing much will change. Labor relations will be preserved in full.
Risks arise only if the enterprise decides to liquidate instead of reorganize or fails to comply with the requirements of the law. In that case, its fate will be decided by the State Property Fund.
Will it become easier to resolve disputes?
Absolutely yes. Instead of two codes that sometimes contradicted each other, now there will be a basic Law for all market participants.
This will reduce the legal burden on businesses and simplify the work of lawyers. It will also be easier for foreign investors to understand the “rules of the game” – because the system will become similar to the European one.
Conclusion
The repeal of the Commercial Code is not a revolution, but an evolution. Private business will feel the changes minimally, but state-owned enterprises will have to work hard.
The main goal of the reform is to create a more transparent legal framework that is understandable to European partners and investors. And in this context, the abolition of dualism in corporate law is a logical step.
Dmytro Derkach, an attorney in the dispute resolution practice of Miller Law Firm, for Business Censor.
On July 14, 2025, the Cabinet of Ministers adopted Resolution No. 847, which introduced amendments to the Criteria and Procedure for Designating Enterprises, Institutions, and Organizations as Critically Important. They concern not only entities important for the economy and life support, but also those who provide for the needs of the Armed Forces of Ukraine.
These changes were made to the previously approved Resolution of the Cabinet of Ministers of Ukraine No. 76 dated January 27, 2023 (with further amendments).
Who does this concern?
enterprises, institutions and organizations that plan to apply for critical status;
those who have already submitted an application and are awaiting a decision.
What exactly has changed?
It has been clarified who exactly has the right to grant an enterprise the status of critical importance – depending on the level of the body and the company’s field of activity:
1. Central executive authorities (and other state authorities operating throughout Ukraine) may designate as critically important enterprises operating in nationally important industries or in areas for which these authorities are responsible within the framework of state policy;
2. Regional, Kyiv and Sevastopol city state (or military) administrations may recognize as critically important only municipal enterprises, or enterprises located in the territory of this region or city and operating in the following areas:
agriculture, forestry or fisheries
mining industry
processing industry
supply of electricity, gas, steam and conditioned air
water supply and sewage
waste management
construction
wholesale and retail trade
vehicle and motorcycle repair
transport, warehousing, postal and courier activities
If you fall under point 2 of the Criteria, submit documents to the central body that regulates your field.
What are the consequences of such changes?
Within 1 month from the date of entry into force of Resolution No. 847, local administrations will review their regional criticality criteria. Updated requirements are expected in the near future.
Our recommendations:
If you have already submitted an application, contact the body to which you applied (ministry or OVA/KMVA) to find out if the new changes affect the consideration of your application.
If you plan to apply, carefully analyze which body has the right to consider the application in accordance with your field of activity.
If you have any doubts, we can help with the analysis, preparation of documents, and support of the procedure for obtaining the status of a critical enterprise.
At Miller, we are convinced that the former measure the past, while the latter determine the future.
The Yurydychna Gazeta has published the Market Leaders 2025 research . And for us, it’s not about lines in a table. It is about confirming the fundamental principle on which Miller stands: in an era of turbulence, the most reliable currency is reputation.
This year, the rating methodology has taken a step towards absolute transparency. 50% of the success is the complexity and outcome of real cases. But the key 40% are recommendations from market colleagues.
Stop and think about it. 40 percent of our assessment is the voice of those we meet on the other side of the table in negotiations and in the courts. Our competitors and opponents.
This is the gold standard of recognition. When your strength is recognized not only by your clients, but also by those who have every reason to deny it.
The results of this recognition:
Leadership that changes the rules of the game. Our partner, Artem Krykun-Trush, was ranked among the TOP 20 most effective partner managers in Ukraine.
We want you to take a look at the names on this list. These are 19 titans, founders and managing partners who have been building the legal market as we know it for decades. Being in this company is not just a personal reward. It is a signal from the market: a new generation of leaders and modern management models are not just competitive – they set a new standard of efficiency. This is proof that our strategy and approach to work are recognized at the highest level.
Expertise that knows no compromise. We are recognized as leaders in practices where the cost of a mistake is the highest:
White-Collar Crime.
Business protection
Military law.
Criminal Law and Procedure.
Compliance.
Litigation and mediation.
We do not see it as a reward. We see it as a responsibility. Responsibility to our clients, who entrust us with their most difficult challenges. Responsibility to the market – to keep the bar high in quality, ethics and sustainability. Responsibility to the team, which is a living system of our professionalism. Each Miller employee is the reason why such victories become possible.
Miller Law Firm has been included in the Forbes Next 250 list, a ranking of the most promising businesses in Ukraine.
Out of more than 800 candidates, 250 companies were selected that are growing rapidly, creating unique products, rethinking their approach to management, and shaping a new quality of the market.
For us, this is more than just a rating.
This is a recognition of how we think. How we work. How we build.
It is especially gratifying that we applied on our own, without the involvement of consultants or the support of business associations.
We just showed what we do every day, and it was appreciated.
The value of this particular rating is that it is about business at its core.
About the numbers. About solutions. Impact.
There is no room for subjectivity – only what can be verified and confirmed.
Law firms rarely make this list. But we are here.
And it’s not just about numbers anymore.
It’s about trust:
About the team that keeps the level.
About the clients who trusted us.
About the partners who supported us.
And about the challenges that made us stronger.
Forbes writes about the businesses of the future. We are creating this future together.
Miller Law Firm’s partner Artem Krykun-Trush comments on the law that allows Ukrainians to have a second citizenship without losing their Ukrainian one, which has already passed the parliamentary vote and is awaiting the President’s signature.
Why is this solution necessary?
There are more than 7 million Ukrainians outside of Ukraine who may lose their legal ties with the state without this provision.
The law strengthens ties with the diaspora and provides more flexibility in the face of war and related emigration.
The main change is that Ukrainians abroad will be able to officially obtain citizenship of another country and still remain citizens of Ukraine.
The law also provides for a simplified procedure for obtaining citizenship for foreigners fighting for Ukraine.
The law does not apply to persons who have citizenship of Russia, Belarus or other states that support armed aggression against Ukraine. Dual citizenship is prohibited for them.
There is only one exception:for those who support Ukraine and are subject to political persecution. The law provides for a separate regulation for such cases, as Russia does not actually allow voluntary renunciation of citizenship.
At the same time, lawyers draw attention to the difficult situation of residents of the temporarily occupied territories who were forced to obtain passports of the aggressor state. According to Ukrainian law, such acquisition of citizenship is an offense – but these people remain citizens of Ukraine.
That is why it is important not to introduce an automatic ban on multiple citizenship for all such cases, but to establish clear verification procedures to distinguish between forced acquisition of citizenship and deliberate collaboration.
Artem Krykun-Trush, Partner, Head of White-Collar Crime, Compliance and Investigations Practice, shared his opinion in a commentary for Radio Liberty:
“We need to check and establish whether a person was a collaborator. In this part, the draft law is not finalized, because we are actually separating from ourselves all citizens who have received a Russian passport. A deeper approach is needed here – clear verification procedures should be prescribed, rather than introducing a ban by default.”
This week we participated in two large-scale events: a roundtable discussion of the Ukrainian Advocates’ Association (UAA) on the draft law on criminal liability and the II Anti-Corruption Forum of the Ukrainian Bar Association.
Artem-Abraham Krykun-Trush, Partner and Head of White-Collar Crime, Compliance and Investigations, shared insights from the roundtable:
Currently, there is no clear definition of what constitutes a crime. Blurred criteria can lead to unfounded accusations and presumption of guilt for businesses. This is a risk even for honest companies.
There is a need to distinguish between intentional violations of sanctions and compliance errors for which administrative fines are appropriate.
Indefinite liability is a big risk. The absence of a statute of limitations means an endless threat to business, which is contrary to the principles of legal certainty and stability.
An honest mistake should be a ground for exemption from criminal liability. This will help avoid unfair reprisals against businesses and officials who acted in good faith.
The UBA Anti-Corruption Forum has once again confirmed that businesses should not wait for a crisis to remember about compliance. Effective anti-corruption policies, whistleblower management, internal investigations, and a vibrant culture of integrity are not bureaucracy, but the key to sustainability.
The frank discussion between representatives of the public, private sectors and anti-corruption agencies was particularly valuable. This exchange of experience is key to building a transparent and strong environment.
Viacheslav Kolomiychuk, Senior Associate of White-Collar Crime, Compliance and Investigations at Miller Law Firm, participated in the Military White-Collar Crime panel.
He shared his thoughts: “Military white collar crime is a new challenge for law and defense at the same time. Given the military specifics, a special risk zone is being formed in which the responsibility of commanders is easily replaced by criminal prosecution, and anti-corruption tools are being turned into a weapon of political or business pressure. The system needs to learn to distinguish between real crimes and managerial decisions, otherwise we undermine not only the law but also our own security.”
In our opinion, businesses should not wait until an incident occurs and they need to conduct internal investigations and launder themselves from suspicion, searches and interrogations. It is necessary to invest in anti-corruption compliance.
It is important for business:
to have effective internal anti-corruption policies
to ensure that internal trainings for employees are not just for show
to build a compliance system
understand how to work with internal whistleblowers.
We have brought together a panel of experts from the most diverse backgrounds, representing state-owned companies, private and international businesses, and key anti-corruption agencies to discuss this issue. In order to understand how state-owned companies, private companies and anti-corruption agencies can be useful to each other, where there may be points of intersection and what interesting experiences and standards we can teach each other.
We will also talk about anti-corruption cases in the area of military white-collar, which are now gaining popularity and should not be ignored.
This is not just another formality. This is a lively discussion between those who formulate policy, apply law, and implement changes: judges, lawyers, investigators, compliance officers, and academics.
In the program:
anti-corruption compliance: how policies, internal investigations, and whistleblower protection work;
Military WCC practice: cases, legal challenges, regulatory specifics;
sanctions law and criminalization of violations;
international cooperation and new standards (FCPA, Bribery Act, Interpol tools).
Among the speakers are Miller partner Artem-Abraham Krykun-Trush (moderator of the anti-corruption session) and senior associate Viacheslav Kolomiychuk (panel on Military WCC).
This is not just about risks. It’s about the rules of the game, in which the law must prevail.
Maria Butina, junior associate of White-Collar Crime, Compliance and Investigations practice at Miller Law Firm
Even the whitest and most transparent entrepreneur today is not immune to business persecution and the attention of law enforcement agencies – the police, the SBU, the BES, the NABU, the SBI, or the prosecutor’s office.
Therefore, one of the least controllable risks is the risk of criminal prosecution, even if the company is operating legally. It is enough for a “problematic” counterparty to appear in the supply chain, and there are already grounds for inquiries, inspections, and sometimes searches.
And it doesn’t have to be your direct counterparty – a problematic supplier of your partner or even a third party is enough. Tax evasion, financing of sanctioned companies, deliveries to the temporarily occupied territories or to the Russian Federation are possible, and all this story already affects you.
To avoid this, it is worth knowing in advance what steps a business can take to minimize such risks. This checklist provides specific advice on how to prepare and protect your company before there is a knock on the door:
Check your counterparties:
It is actually very important to do this at the beginning of cooperation with any supplier, subcontractor, etc. It is enough to be in the supply chain or cooperate with a company that has become a subject of criminal proceedings and you have the risk of a search at your company.
Therefore, we check the following:
Mentions in criminal cases (through the Unified State Register of Court Decisions, as well as media and social networks);
sanctions (in the State Register of Sanctions);
ties with the occupied territories or the Russian Federation and tax debts or questionable financial transactions (in online services).
But it’s important not to use automation alone. In most companies, the compliance check of counterparties ends when a financier, compliance officer, or in-house lawyer runs them through the platforms once. But in practice, this does not reduce risks; on the contrary, it creates the illusion of security.
Real verification is an additional touch of a live professional in the form of OSINT, business intelligence, and most importantly, conclusions about risks and specific recommendations.
That is:
analysis of indirect connections of beneficiaries (through offshore companies, friendly companies, related parties);
analysis of public mentions in the media, including regional and specialized ones;
use of professional, specialized software and intelligence tools that can detect cross-profiles, digital traces, and involvement in non-obvious cases;
search through non-obvious and paid sources (for example, registers of other countries if the activity has a cross-border element);
analysis of the counterparty’s behavioral style through interviews with previous partners, if it is a large contract.
The final risk assessment should not be made by an algorithm, but by a person with experience who is able to see signals that remain outside the open databases.
Formalize relationships with counterparties:
Anything that is not recorded does not exist: in today’s realities, even a screenshot of a messenger message where you agreed on the terms of the agreement can be important evidence in the event of a criminal case or a lawsuit. But it’s better not to take any risks – don’t conduct any critical negotiations only “in words.” All key agreements should be in writing.
This is your insurance, so:
all key agreements are to be made in writing;
write clear contract terms, detail everything: cost, limits of liability, communication (in what form it takes);
keep correspondence and records of negotiations (with the consent of the parties).
Have your own lawyer on staff or “on call”:
Not “in case of problems,” but as an element of your business security system that should work proactively, not after you have already received a summons for interrogation or a search.
Your lawyer will be there:
know the specifics of your business – understand your internal processes, risks, and weaknesses;
participate in key negotiations or review important contracts before signing;
instruct your team in the event of law enforcement requests, searches, and interrogations.
will be in touch 24/7 and have a clear system of response in critical situations.
Conduct training as a team:
In critical situations, such as a search, a subpoena, or a request from law enforcement, employees’ responses should not be improvised, but rather a well-established algorithm. Wrong actions or unnecessary words can cost a company its reputation and money, so
conduct practical trainings from time to time, for example, “how to act during a search” and develop an algorithm:
who opens the door and checks documents with law enforcement officers;
who is the first to call a lawyer;
who is authorized to officially communicate with law enforcement on behalf of the company.
Work carefully with public funds:
If your business deals with public funds (participates in public procurement), you should understand that you are constantly exposed to risks. However, if you understand these risks, you can effectively manage them.
Always pay attention to the following and do not participate in the procurement if:
the customer’s overestimation of the cost of services or works: If the price is too low, it is understandable that suppliers will be absent and tenders will be canceled. The same cannot be said for overpricing, as it leads to the purchase of goods or works at inflated prices and entails budget wastage;
discrimination against bidders: conditions or requirements that deliberately create an advantage or limit the opportunities of specific bidders. This makes it impossible to compete fairly at auctions and creates an unfavorable environment for business;
you are being extorted for kickbacks: participation in such a conspiracy is a serious corruption risk;
collusion between bidders: collusion between bidders is a serious violation of competition law and can have serious legal consequences for bidders, including administrative fines, lawsuits, and loss of reputation.
Conclusion:
Today, the law enforcement system does not always work selectively, but often in a “roundabout” manner. Even if your company has not committed any violations, this does not mean that you will not be subject to inquiries, searches, and interrogations.
The risks of criminal prosecution do not disappear on their own – they need to be managed. And the most effective way to do this is to check your counterparties, document agreements, have a trained team and a lawyer in touch.
A humane return to work after service.
