Mykolaiv port operators obtained unhindered access to berths

November 17, 2020 · News

The Ukrainian Sea Port Administration (USPA) ordered to the Mykolaiv branch to remove all obstacles to the access of port operators, which are working under the easement contract, to berths.

This decision was the result of a long struggle of business for their legal right with the active involvement of the Legrant's team, as well as the Antimonopoly Committee (AMCU). The ability to operate on the basis of easement contracts was disputed by the Administration in court. The issue was studied by the AMCU concurrently.

In September, the Supreme Court ruled that there were no legal grounds for terminating easement contracts, and the Antimonopoly Committee qualified the attempt to replace the easement agreement with a specialized dock access service as a breach of competition law. The AMCU recommended to the Administration to stop the breaches and provide conditions for unhampered business operations.

“We see that the struggle for transparent "game rules" in the seaport industry yields results. I am pleased that with our joint efforts we managed to remove barriers for business in this difficult time. I am sure that, step by step, Ukraine will gradually come to the best European models for regulating the port sector,” Managing Partner of Legrant Tatyana Titarenko commented on the decision of the USPA.