Questionnaire concerning the project “Improving the Conditions for Enterprise Development and the Investment Climate for Domestic and International Investors in Ukraine”

______ 2004

Please indicate the following information about you and your company:

(if you do not want to disclose any of the information requested below, please place a dash in the relevant blank):

Full name
Position
Name of the company
Corporate form of the company
Size of the company (according to your estimate: large, medium, small)
Sphere of the company’s activity
  1. What impact are the recent changes in Ukrainian legislation, in particular, the adoption of the new Civil and Commercial Codes, having on your company's operations?

Operations have become more difficult / 
Nothing has changed / 
Operations have improved / 
Cannot answer this question / 

Please explain your answer, if possible:______

  1. When implementing any business operation in Ukraine, have you ever faced a situation when the Ukrainian legislation regulating this operation was inconsistent and certain laws and regulations conflicted with each other?

Often / 
Sometimes / 
Very rarely / 
Never / 

Please give examples: ______.

  1. Have the investment climate and the legal environment affecting the conditions of your company’s operations improved during 2001-2003?

Substantially improved / 
Slightly improved / 
Nothing has changed / 
Slightly deteriorated / 
Substantially deteriorated / 

Please explain your answer, if possible:______.

  1. In your opinion, what are the main obstacles to the attraction of foreign investment into Ukraine and what solutions would you propose?

Your answer:______

  1. Have your company ever faced any practical problems in the spheres of Ukrainian civil, financial, commercial, corporate or antimonopoly law?

Your answer:______

  1. Have you ever faced any cases when, in respect to your company, public officers (including officers of the local authorities), in your opinion, wrongly applied (interpreted) any law or other regulation in the spheres of Ukrainian civil, financial, commercial, corporate or antimonopoly law?

Your answer:______.

  1. What is your experience with the functioning of the Ukrainian judicial system? Have you ever used the court system or alternative forms of dispute resolution such as arbitration or mediation? If so, how was the dispute resolved: by final judgment or award, amicable settlement or consent decree? How was the settlement executed and did you experience any problems in this regard?

Your answer:______.

  1. In your opinion, what spheres of Ukrainian law must be developed to improve your company's operations? What new laws (other regulations) must be adopted, amended or canceled?

Your answer:______.

  1. Do you consider that the private sector’s views are adequately solicited and considered during the legislative process? Do you have any suggestions for improvements in this regard?

Your answer:______.

  1. What is your opinion about the implementation of the above legislation affecting business activities? Do you have specific proposals to improve the situation?

Your answer:______.

  1. What non-judicial resources are currently available to you in case you encounter a problem in your business activity (e.g., industry associations, chambers of commerce, foreign embassies, NGOs, international business associations such as EBA, etc.)? What resources you would like to be available to you in the future?

Your answer:______.

  1. In addition to the above information, does the effective legislation of Ukraine create any other obstacles for your company’s development?

Your answer:______.

I hereby confirm the above answers______.

(signature) (last name, initials)