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Page 1 of 5 At the time of its independence, Ukraine has had three major, mostly from the USSR companies, two dozen seaports and more shipyards, allowing it to build on that capacity to be among the global maritime nations. But unfortunately, this has not happened.
Rather, the marine industry Ukraine has been destroyed, and ports have been relegated to the post-war level of development. Every company has had no assistance from the State to survive and find their way alone in a sea of legal nihilism and anarchy.
In force at the time the civil law would, for example, Odessa seaport in just three years (1993-1996gu.g.) Withdraw from the crisis and become steadily growing revenue from the application of a legal institution, as “joint activities”
Such a solution to the problem was a surprise to many, provoked a wave of criticism and multiple inspections port control-fiscal authorities at different levels up to the fair, and especially in the allocation of profits in the initial stage by : 50% to 50%.
However, as early as 1996 the practice of joint activities would Odessa seaport to be among the leaders, has been the subject of several panels in the industry, the outcome has been found not only positive but extremely efficient and has been recommended for the dissemination of information industry.
During this period “joint activities” other than SC Ukraine, reflected and consolidation in the Acts excellence tax profit enterprises, Welcome Tax added cost in explanation Supreme Arbitration Court No. 02-5/302 on April 28, 1995 and “About some issues of dispute resolution, with the award and execution of contracts on joint activities (as amended and supplemented by the obsolete fathers No. 02-5/445 on November 18, 1997, ie, after the adoption of the tax laws and, in this light), as well as a number “location...”, “sequence...” and “instruktion...”, i.e. Legal framework is sufficient.
Ongoing analysis of “joint activities” and strengthening of the financial situation allowed Odessa seaport in the spring. Proceed to a revision of the treaties making on the basis of the contribution of state enterprise profits is not equally, and taking into account the contribution of each party, which has resulted in a new version “agreement joint activities”.
Experience “joint activities” Odessa STP has been compiled and, we can say with confidence : “Agreement-1999” the basis “Exemplary of the joint activities in the sea ports Ukraine” approved by the Ministry Order No. 314 of 23.05.01gu.
Unfortunately, the frequent changes of leadership characteristic of Ukraine, led to the “Exemplary agreement…” and Order No. 314 dated May 23, 2001, after one year and eight months, were lifted new minister whom Decree No. 74 of February 23, 2003 “About excellence improving joint activities in the sea ports Ukraine”, who had “Exemplary agreement…” introduced “Pattern agreement…” little known from the previous year.
But the order will not be long existed and after one year and five months, it was cancelled the next minister whom Decree No. 675 dated May 27, 2004 the town, but instead nothing offered. After two years with a small Ministry issued Decree No. 898 of August 22, 2006 “About prohibition of action, associated with the disposition of state enterprises, falling within the scope Ministry of transport management”, in which the legality of the decision of the Cabinet of Ministers of Ukraine No. 731 dated December 28, 1992 and (as amended) is doubtful.
But at the same time can only be thankful fate for the next leadership of the ministry have not lifted at the same time, and the new Civil Code, which entered at that time, the force of law.
A “joint activities” in both codes, virtually identical, is a contractual relationship parties agree to work together to achieve a common (economic) purposes without creating a legal entity. Arnold NIERCO
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