EY’s infrastructure and PPP practice is renowned for representing the Ukrainian government in pilot concessions within the Olvia and Kherson ports. The scope of practice spans ports, roads, urban transportation, healthcare and social infrastructure, and notably post-war reconstruction. During the research period of 2022-2023, the multidisciplinary team provided comprehensive tax and legal support with structuring and implementation of the concession project in Chornomorsk Seaport, which involves the transfer of the state-owned assets of the First and Container and the Fifth/Ferry Terminals into concession under the competitive tender procedure. EY is the leading consultant of the Kyivpastrans Project Feasibility Assessment within the framework of the Ukraine Public Transport Framework approved by the EBRD to support investments in public transport renewal in Ukrainian cities. The firm acted on an IFC-led project involving legal, financial and business consulting support with the development of a feasible business and operational model for water user organizations (WUOs) in Ukraine and establishment of pilot WUOs in the selected regions; worked on a comprehensive EBRD-funded project aimed at establishment of Airport Development Fund and Railway Development Fund in Ukraine. It is noteworthy that the Ukrainian team possesses regional experience being involved as international legal counsel for PPP projects in foreign jurisdictions. For example, the pilot PPP-based transaction in Armenia was aimed at introducing a whole new level of customer experience at the ID facilities. Bogdan Malniev, associate partner, is acknowledged for his proficiency in PPP and concession initiatives. The market sources singled out Kateryna Oliinyk for her tailored real estate expertise in infrastructure projects. The senior team also includes Andrii Moskaliuk and Olena Zababurina.
Kinstellar commands practical experience in handing infrastructure projects spanning expertise in seaports and terminals, motorways, agricultural logistics infrastructure social infrastructure. In 2023, the office was included on the shortlist of advisors to the State Property Fund of Ukraine on large-scale privatization. During the research period the team continued advising Qatari port operator QTerminals WLL on various matters related to operation of the Olvia Port during martial law and matters related to implementation of concession projects. Another ongoing project is advising one of Ukraine’s leading road construction companies, Automagistral-Pivden, with regard to the EUR 2.5 billion Krakovets – Lviv – Brody – Rivne motorway project, handling representation in communications with the Recovery Agency of Ukraine, in the course of preparation and discussion of the unsolicited proposal and feasibility study of the project. Among the recent assignments are project structuring, development of dry ports along EU borders, construction of agricultural terminals. Partner Oleg Matiusha is the head of the real estate, land and construction service line, and infrastructure and transportation sector.[1]
Sayenko Kharenko boasts a versatile infrastructure practice, uniting transactional and policy drafting, expertise in PPP and concessions projects in the Ukrainian seaports. The firm is traditionally retained for infrastructure finance projects., For example, the team has been advising NEFCO on financing projects in different cities of Kyiv Region to repair the critical infrastructure, and on the regulation of construction in Ukraine in connection with the project to construct housing for internally-displaced persons financed by the EU; advising the EBRD on an EUR 25 million loan to the city of Lviv under Resilience and Livelihoods Framework. The firm is experienced in port infrastructure issues, advising on state property and land lease, construction, and related regulatory issues. Another important area of recent focus includes projects in the field of intermodal freight transport that is interconnected with the development of the Trans-European Transport Network (TEN-T). The firm further develops its pipeline of projects focused on the reconstruction of Ukraine, handling finance and regulatory assignments. The projects are led by two partners, Nazar Chernyavsky and Oleksandr Nikolaichyk. The counsel of real estate and construction practice Tymur Enkhbayar took over the key role in infrastructure projects.[2]
Asters provides comprehensive legal advice to public and private sectors and international financial institutions, spanning railway, road, urban infrastructure, water and waste utilities, recreation and social infrastructure. The firm is traditionally instructed by international financial organizations on financing Ukrainian communal enterprises to finance projects of reconstructing urban transportation. The firm advises on FIDIC contracts, joint development projects, critical infrastructure. Real estate partner Oleg Boichuk and banking and finance partner Roman Stepanenko guide projects in the infrastructure sector.
Gramatskiy & Partners is highly-regarded for its expertise in real estate, construction, logistics, municipal, social, and recreational infrastructure sectors. Among recent projects is supporting NSV Group LLC and private investors on joint activity in the construction of an industrial logistics center near the Horonda railway junction called Horonda Park. Among long-lasting projects is acting for Seven Hills, an established client of the firm, on constructing the Aeroport City office and logistics complex with developed infrastructure near Boryspil Airport. The firm is experienced in advising full-circle construction of engineering structures, as well as privatization and public-private partnerships. Additionally, the firm is sought after for supporting port infrastructure projects. For example, it acted for AgroAlliance LLC in the purchase of a wharf in Reni, Odesa Region, with unloading and loading equipment for grain transshipment, and investment in the establishment of a logistics center on the basis of the wharf. The firm’s founder, Ernest Gramatskiy, is the practice head.
Renowned for its performance in the energy sector, INTEGRITES is called upon to support social infrastructure projects in the healthcare sector, railway transport, industrial, energy and municipal infrastructure. The firm advises Vamed Engineering GmbH, a global service provider for hospitals and other facilities in the healthcare sector, in three projects related to the design, (re)construction and (re)equipment of three healthcare facilities, including the reconstruction of the Children’s Specialized Hospital Okhmatdyt in Kyiv, development of the university clinic (Kyiv/Lviv), and development of the rehabilitation center in Lviv. The firm has been supporting Wärtsilä Corporation OU and Wärtsilä Finland OY in the modelling, origination, finance and security documentation of a project on modernizing district-level heating in several Ukrainian regions worth around EUR 500 million. Other areas of focus within the research period include M&A in transport infrastructure, international investment arbitration, force-major issues arising from the outbreak of the war. The team provided the urban community of Truskavets with pro bono legal advice on accommodation for internally-displaced persons. Dr. Oleksiy Feliv, managing partner, guides the practice.
During 2022-2023, KPMG Law demonstrated involvement in infrastructure projects, including privatization, as well as the initiation of renewal processes and PPP projects in Ukraine. The team advises A.T.C. Energie GmbH, a technology management company, related to participation in the acquisition of a state-owned river port in Ukraine through a bidding process, which is a part of a larger privatization process. The team also provides legal advice to UNDP for the development of a framework aimed at the recovery of local communities following damage resulting from Russia’s full-scale invasion of Ukraine, being involved in formulating the methodology for prioritizing recovery measures and projects. The firm has also supported 10 local communities in implementing pilot projects, facilitating development and execution of local recovery plans. Other areas of expertise include implementation of municipal energy infrastructure projects and regulatory assignments. Yuriy Katser, director, is the main figure.
AVELLUM* is noted for presenting the topic of reconstruction of Ukraine. The firm’s partner, Maksym Maksymenko, is present across the main gatherings focused on investment in Ukraine’s infrastructure.[3]
CMS Cameron McKenna Nabarro Olswang* is known as a legal counsel in infrastructure M&A and joint venture transactions, project finance, and port terminal construction projects.
Andrii Pidhainyi and Marina Sharapa, partners at Arzinger* (before February 2022 – AGRECA), are noted as long-standing professionals in infrastructure, possessing multifaceted regulatory expertise. Olena Yurets, senior associate, is also noted by peers.
Regional Counsel: Port Infrastructure
ANK Law Office, located in Odesa, holds a prominent position in overseeing large-scale projects within ports and terminals, maintaining consistent focus on infrastructure initiatives within Ukrainian ports. The firm delivered legal support to AGRO-RENI LLC, during realization of the investment project at Reni Sea Commercial Port on construction, putting into operation and operating of the transshipment complex for grain cargoes, the new transshipment multimodal complex at the territory adjoined to Reni Port, as well as in purchasing of the unified property complex for reconstruction for allocation of the warehouse for grain commodities. The key practitioners, Dmytro Kolodiazhnyi and Vladyslav Brig, are highly visible on the local market and endorsed by peers in Kyiv. Oleksandr Kyfak, the firm’s founder, has a long-term commitment for developing the port infrastructure in the region.
Odesa-based LEGRANT Law Company is known for its footprint in significant port infrastructure projects. The firm maintains an extensive portfolio, including facilitating the sale of a significant infrastructure asset in one of the country’s largest seaports. The team provided comprehensive legal support for the modernization of port infrastructure in Odesa Region and provides legal support of an investment project, which provided for the construction of a universal transport terminal that operated within the so-called “Grain Initiative”. Additionally, the team developed an operational mechanism for a complex dedicated to the loading, storage, and discharging of liquefied petroleum gas. Notably, they successfully secured rent exemption for a stevedore on state property due to war-related inactivity. Tatyana Titarenko, managing partner, is the main point of contact. Yaroslav Dabizha was endorsed by peers for his skills and efficient performance.
[1] Natalia Kochergina, partner, real estate and construction, departed in March 2023.
[2] Counsel Volodymyr Yaremko, who developed the infrastructure practice, left the firm in December 2022 and joined Mayer Brown (London).
[3] The firms marked with an asterisk (*) have not submitted information for the current research. The highlights (where available) were taken from the public sources to underscore their market presence, a fact consistently confirmed during in-depth interviews.