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Legal aspects of protecting the rights of enterprises and businesses in the occupied territories

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Письменна Марія
Письменна Марія
Attorney
Ukraine / Kyiv

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Publication date: 06.06.2024

Lawyer

Legal aspects of protecting the rights of enterprises and businesses in the occupied territories

In the conditions of military conflict and occupation of territories, enterprises and business face numerous challenges that require legal intervention. Protection of business rights in the occupied territories includes a set of measures aimed at preserving assets, minimizing losses and providing legal support to entrepreneurs. This article examines the main legal aspects of protecting the rights of enterprises in the occupied territories, with an emphasis on legal advice, document analysis and the formation of legal opinions.

Consultation of a lawyer 

Explanation of rights and responsibilities in crisis conditions
Consulting a lawyer is the first step for entrepreneurs working in the occupied territories. The lawyer helps clarify the legal aspects of doing business under occupation, in particular regarding compliance with legislation, obligations to employees and partners, as well as possible risks and ways to minimize them.

Development of asset protection strategies
Lawyers advise on the development of strategies for the preservation and protection of company assets. This includes advice on re-registration of property, moving assets to safe areas, creating backup copies of important documents and data, as well as legal measures to protect intellectual property.

Analysis of documents 

Verification of compliance of documents with legal norms
Lawyers analyze all documents related to the company's activities in the occupied territories to check their compliance with current legislation. This includes the analysis of contracts, licenses, permits, as well as internal documents of the enterprise, which regulate its activities under the conditions of occupation.

Assessment of legal risks and opportunities
Document analysis also includes an assessment of legal risks associated with doing business in the occupied territories. Lawyers help identify potential threats to business, such as the risk of confiscation of property, illegal actions by the occupation authorities, and develop measures to minimize them.

Legal opinion 

Recommendations on legal actions
Based on the analysis of documents and consultations, lawyers provide legal opinions containing specific recommendations for further legal actions. It can be advice on applying to international courts, preparing lawsuits for damages, as well as other legal steps to protect the rights of enterprises.

Assessment of the prospects of litigation
The legal opinion also includes an assessment of the prospects of litigation with the occupying power or other entities that violate the rights of enterprises. This helps entrepreneurs make informed decisions about the feasibility of filing lawsuits and other legal actions.

Legal opinion of a lawyer 

Protection of interests in international courts
In cases where the rights of businesses are violated by the occupying power, lawyers can represent business interests in international courts, such as the European Court of Human Rights or the International Court of Arbitration. A lawyer's legal opinion helps to formulate a legal position, prepare the necessary documents and ensure effective protection of rights in court.

Negotiations and settlement of disputes
Lawyers also help in negotiations with the occupation authorities and other entities that influence the activities of enterprises. The lawyer's legal opinion is the basis for the negotiation process, aimed at achieving fair and legitimate decisions regarding the protection of business assets and rights.

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