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Sergii Portnoi

Date of birth: 11/07/1981

Family status: married |

Apt. 67,141, Levitana str., Odessa, Ukraine

+38 067 9463425

+38 067 3207202

sergiy.portnoy@



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PROFESSIONAL EXPERIENCE

Private legal practice, Odessa, Ukraine (05/2016-present).

DLA Piper Ukraine, Kyiv, Ukraine.

Senior Associate of Real Estate Practice (05/2014 – 05/2016)

Full scope handling of various clients' real estate, land, construction, energy, infrastructure (port) and corporate projects (including providing an Ukrainian input for high-scale arbitration in LCIA); business development; financial management; managing juniors and staff; development of pro bono and CSR projects; negotiations with state authorities and counterparties; participation in ACC, EBA, UREC work (including draft legislation initiatives); development of draft legislation in governmental and parliament working groups (mainly related to PPP, agriculture, town-planning areas).

DLA Piper Ukraine, Kyiv, Ukraine.

Associate of Real Estate Practice (05/2010 – 05/2014)

Participation in and handling various real estate (with stress on construction, land and agriculture), subsoil, energy and infrastructure projects, including: negotiations with counterparties, state and municipal authorities; conducting legal due diligence procedures, drafting agreements and memorandums on construction, real estate, land, port projects, subsoil extraction and use, litigation and international arbitration, tax and corporate issues; transaction support; lease and acquisition advise, managing junior associates and support staff, handling various client matters. Participation in draft legislation initiatives of governmental and non-governmental organizations (in particular, within ACC, EBA committees).

Independent legal advice/Freelance, Odessa-Kyiv, Ukraine

(11/2009 – 05/2010)

▪ legal advice on un-paid basis to Maritime Charity Fund “Assol” re maritime law issues (i.e. piracy, capture of vessels, etc.);

▪ legal advice to condominiums re putting buildings into exploitation and buildings operation issues;

▪ advice re "white collar" crimes;

▪ commercial litigation.

DLA Piper Ukraine, Kyiv, Ukraine.

Associate of Real Estate Practice (01/2008-11/2009)

▪ legal due diligence within M&A (both share and assets acquisition) and development projects (real estate, construction, land, subsoil, corporate, litigation, tax and labor issues);

▪ advised clients on a wide range of Ukrainian regulatory, corporate, transportation, land, real estate, port, subsoil use and construction issues;

▪ assisted clients in entering into the lease, sale-purchase agreements, real estate acquisition contracts, various construction contracts (including FIDIC) and preparing relevant supporting documents;

▪ commercial litigation and arbitration;

▪ among major clients – large foreign and local development companies, property management companies, investment funds, oils and gas companies, transportation and minerals’ processing companies, etc.

Spenser & Kauffmann Law Firm, Kyiv, Ukraine.

Associate of Real Estate Department (03/2007-12/2007)

▪ conducted legal due diligence procedures (mainly real estate issues);

▪ drafting and negotiation of various contracts (lease, investment, construction contracts (including adaptation of FIDIC contract and tender documentation), supply, sale-purchase agreements, etc.);

▪ legal research and counseling clients on real estate and land issues (including taxation, agricultural land acquisition, KSP property sharing, construction and reconstruction);

▪ litigation (mainly commercial but including bankruptcy cases);

▪ major clients – foreign and local development companies, investment funds, state and municipal enterprises.

LLC “Harrisons-Trans-Service”, Odessa, Ukraine.

Lawyer, Project Manager (10/2006-03/2007)

▪ full legal support to the company’s development and transportation projects;

▪ contracts drafting and negotiation of conditions thereof (construction, supply, lease, sale and purchase, etc.);

▪ analyzing documents and providing conclusions as to the possible risks and ways of mitigation thereof;

▪ providing consultations to the company’s staff;

▪ civil, commercial, tax, corporate, land and construction law practicing.

Group of construction companies “Santa”, Odessa, Ukraine

Junior Lawyer – Sole Legal Adviser (10/2004-08/2006)

▪ drafted contracts and other legal documents (claims, complaints, internal instructions);

▪ litigation including participation in case re restoration of Odessa Opera Theatre (up to Supreme Commercial Court, mainly commercial disputes litigation);

▪ complex legal service, legal advise;

▪ registration of companies, work with supervisory authorities;

▪ prepared tender documentation for international tender (FIDIC rules);

▪ civil, commercial, land, corporate, tax and labor law practicing.

EDUCATION

Odessa National Maritime Academy – Odessa, Ukraine

Bachelor and Specialist Diplomas in Maritime Law with honors (1999 - 2004).

Department of Maritime law. Specialization – Maritime Law.

Odessa State Economic University – Odessa, Ukraine

Specialist Diploma in Finance (2006 - 2008).

Department of Postgraduate Education.

RATINGS

Named among the key firm's practitioners in Transport and Infrastructure by Ukrainian Law Firms: A Handbook for Foreign Clients, 2015.

PROFESSIONAL DEVELOPMENT

▪ Number of internal DLA Real Estate conferences, trainings and seminars, 2008-May 2016.

▪ Internal DLA Piper soft skills trainings (legal writing, negotiation, presentation, project management, etc.), 2008-May 2016.

▪ ELSA Law School on International Arbitration, Ankara, Turkey, 08/2009.

▪ ELSA House Training Week (soft skills), Brussels, 08/2009.

▪ LIGA seminar "Establishing and changing of zoning of land lots for construction; analyses of practical schemes allowed by the Land Code of Ukraine", Kyiv, 06/2007.

▪ Business Club seminar "Contracts under Ukrainian Civil and Commercial law", Kyiv, 03/2007.

▪ British Council seminar “EU law today”, Lviv, 10/2006.

▪ British Council seminar "Challenging Issues with Real Estate Transactions in Ukraine", Kyiv, 07/2006.

▪ Euromoney training "Due Diligence for M&A", Kyiv, 03/2005.

▪ IREX seminar “Possible Ways of Application of European Court Practice after New Procedural Codes of Ukraine”, Odessa, 03/2005.

▪ Odessa State Courses of Foreign Languages. English Department. Diploma with honors. 09/2001-01/2004.

▪ Internship in a court of law as a judge assistant, Odessa, 05-09/2003.

LANGUAGES

Russian, Ukrainian (native), English (fluent), German (basic).

PROFESSIONAL ASSOCIATIONS AND MEMBERSHIPS

Member of ELSA Lawyers Society, Ukrainian Bar Association, International Council for Commercial Arbitration.

Member of the Transport and Logistics Working Group of the American Chamber of Commerce in Ukraine.

An expert of the working groups within the Ministry of Infrastructure of Ukraine on reformation of aviation sector and on reformation of port sector.

Represented DLA Piper Ukraine in sessions of Legal Committee of Ukrainian Real Estate Club.

Participation in development of draft laws of Ukraine "On Sea Ports", "On Regulation of Town-Planning Activity", "On Land Market", improvement of the Land Code of Ukraine, “On Inland Water Transport”, subordinated legislation.

PUBLICATIONS

“Legal Environment for Investment to Ukrainian Real Property in 2016”, Article for CEE Legal, (co-authorship with Natalia Kochergina), April 2016.

Comments for UREC regarding advantages and disadvantages of making property registers public, November 2015.



Comments for Yurydychna Praktyka on the draft law aimed to implement the mechanism for ensuring of fulfillment of obligations by the general construction contractor, August, 2015.

Comments for Kyiv Post on construction and real estate titles registration issues, May, 2015.

Preparation of Article on behalf of DLAPU on real estate and construction issues ("Invest in Kyiv") for MIPIM, March, 2015.

"Concession of Sea Ports in Ukraine: New Legislation and Challenges", article for Real Estate Gazette, monthly specialised mass media of DLA Piper Real Estate Group, April, 2014, also published at .

"Legal Framework of Investments into Ukrainian Real Property in 2013: Evolution Rather Than Revolution", article for DLA Piper Ukraine/DTZ booklet on MIPIM 2014, March, 2014.

"Ukraine: New system of registration of proprietary rights and encumbrances over real property", January 2013, .

"Principles, Nuances and Problematic Issues of Commissioning of Real Estate Facilities of 4 and 5 Categories of Complexity", October 2012, Building Business Journal ().

“IP Rights to Planning Documentation in Construction Projects”. Article to Yurydychna Praktika (Legal Practice) Newspaper 5 (736) as of 30/01/2012.

Comments re new procedure of commissioning of real estate facilities: Article "Freedom to New Buildings", "Investment Gazette" as of 29/08/2011.

"Peculiarities of Commissioning of Real Estate Facilities Depending from the Category of Complicity", "Lawyer and Law" Analytical Journal. 22/06/2011-29/06/2011, No.25.

Ukraine's part of DLA Piper Real World Project (Planning, Zoning and Construction Sections) () - DLA Piper's guide to international real estate.

Comments re newly adopted procedure of accomplishment of expertise of town-building documentation: Article “More Expertise, Less Discipline”, “Pravovye Izvestiya” Business Journal as of 16/06/2009. On-line version -

World Bank Project „Doing Business”, 2009, 2010, 2012 editions – comments on real estate and construction issues.

Comments re adoption of new law on self-governing organizations in construction sphere: Article “With New Forces”, “Property Times” Weekly business newspaper, No. 35 (282), 28 September – 4 October 2009. Internet version (short) -

Numerous publications on real estate issues in DLA Piper internal resources.

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