Assets tracing and enforcement of a foreign judgment by Volodymyr Bogatyr

PROfile

Assets Tracing

Assets Tracing and Enforcement of a Foreign Judgment Volodymyr BOGATYR Senior Partner, BOGATYR & PARTNERS. Ph.D., Honorary Lawyer of Ukraine. Expertise: Litigation, Dispute Resolution, Corporate Fraud Investigation, White Collar Criminal Defense, Law Enforcement Intelligence, Global Litigation and Enforcement, Transnational Litigation and Foreign Judgments, Internal Investigations, Government Investigation, Government Relations, Constitutional Law, Elections, Lobbying, Offshore and Fiduciary Management, Intellectual Property and Trademarks

Soteris PITTAS Managing Partner, SOTERIS PITTAS & CO L.L.C. Expertise: International Trade Law, Trusts and Equity Banking and Finance, Corporate and Commercial Law (local and international), Stock Exchange, Capital Markets, M&A, Commercial and Criminal Litigation, Arbitration, International Tax Planning, Insurance Law, Admiralty, European Law

he success of any litigation and arbitration case depends mostly on the capability of the plaintiff to trace and locate sufficient assets of the defendant’s debtor to block and freeze the same as security for the satisfaction of any court decision or arbitral award to be issued in the main court or arbitral proceedings. The legal teams of BOGATYR & PARTNERS and SOTERIS PITTAS & Co LLC use the services of their corporate investigators and forensic specialists to trace and identify hidden assets around the world.

On the RecOgnitiOn and enfORcement Of a fOReign Judgment A judgment that has become final is enforceable throughout the country where it has been issued. But to enforce it in another country, a special procedure is employed that includes the recognition of this foreign judgment by virtue of a relevant order by a competent court of the country where such enforcement is requested. Apart from judgments of foreign courts, foreign arbitral awards may also be enforced. For a foreign judgment or arbitral award to be recognized and enforced in Ukraine, the appropriate application needs to be filed. Courts consider applications for recognition and enforcement of foreign judgments on the basis

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of international treaties on mutual legal assistance or on the principle of reciprocity. Pursuant to Clause 1, Article 390 of the Civil Procedural Code of Ukraine (CPC), an enforceable foreign judgment is recognized in Ukraine if its recognition is warranted by international treaties ratified by the Verkhovna Rada of Ukraine, or on the principle of reciprocity. Pursuant to Part 2, Article 390 of the CPC of Ukraine, if the recognition and enforcement of a foreign judgment depends on the principle of reciprocity, this principle is deemed active, unless proven otherwise. In addition, the principle of reciprocity (ad hoc) is also applicable on the grounds that the judgments of Ukrainian courts are recognized and enforced in another country. If such reciprocity is questioned, an answer should be sought from the Ministry of Foreign Affairs of Ukraine. Ukraine is a party to a number of international treaties that govern international arbitration tribunals, allowing foreign trade disputes to be resolved through arbitration. A good example is the UN Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 10 June 1958 (the New York Convention), which came into force for Ukraine on 8 January 1961. This Convention was adopted with reservations regarding its application, meaning that Ukraine applies the Convention to recognize and enforce judgments issued in another signatory state.

BOGATYR & PARTNERS Address: 32/34 Shovkovychna Street, Office 24, Kiev, 01024, Ukraine Tel.: +380 44 363 7722 E-mail: volodymyr@bogatyr.kiev.ua Web-site: www.bogatyr.com

OGATYR & PARTNERS is a full-service boutique law firm based in the heart of Kiev, Ukraine. The firm has particular focus and experience in business crime, fraud, asset tracing & recovery, commercial litigation in Ukraine and internationally and legal assistance in challenging economic sanctions. The firm’s senior partner Volodymyr Bogatyr is a specialist in cross-border disputes and works closely with a range of legal advisors and investigators from the United States, the United Kingdom, Cyprus, Switzerland, France, Austria, Lichtenstein and other jurisdictions. In 2015 BOGATYR & PARTNERS successfully represented international financial institution in a USD 72 million debt recovery dispute. The team has also successfully acted for a Dutchowned leading Ukrainian bank in its USD 44 million loan agreement dispute. Volodymyr Bogatyr acted for a private client in a complex cross border fraud matter involving tracing assets in Canada and Switzerland, obtaining a freezing injunction and recovering USD 70 million via Cyprus courts.

Pursuant to Clause 12 of Resolution No. 12 of the Plenary Meeting of the Supreme Court of Ukraine On the Court Practice of Considering Motions for Recognition and Enforcement of Foreign Judgments and Arbitral Awards and Cancellation of International Commercial Arbitral Awards in Ukraine of 24 December 1999, courts consider motions for recognition and enforcement of foreign judgments within the scope delimited by it and may not judge such judicial decisions on merits or amend them. In filing a motion, the issue of confirmation of the movant’s powers deserves special notice. The Shevchenkivskyi District Court of Kiev dismissed without prejudice a motion filed by a representative of Italy-Ukraine Gas s.p.a. in Case No. 761/38433/15-Ц and seeking recognition of the award issued by the Arbitration Institute of the Stockholm Chamber of Commerce, of 19 December 2012, in Arbitration Case No. V007/2008 based on the claim

PRO lodged by Italy-Ukraine Gas s.p.a. against NJSC Naftogaz of Ukraine on the grounds that the Italian notary principal’s signature, not his powers. The Court also noted that the case of registration of Italy-Ukraine Gas s.p.a. and the translation of its content evidenced that the principal was the chairman of the board of directors in the company. However, according to the said extract, the company’s interests should be represented by the chairman of the administrative council rather than the chairman of the board of directors. Additionally, as stated in ber and concurrently chairman of the board of directors, incumbent until the 31 December 2013. Nonetheless, the court had not received any evidence the case was heard. In another Case, No. 1511/2458/2012, the Illichivsk City Court of Odessa Region, in considering a motion for recognition of several arbitral awards of the Federation of Oils, Seeds and Fats Associations (FOSFA), found that some of the awards issued by the FOSFA were annulled by the High Court of Justice of England citing the lack of jurisdiction of the arbitration body. This, however, was no obstacle to granting permission for enforcing these awards. The Illichivsk City Court of Odessa Region explained its judgment by the fact that the principle of reciprocity was not present in the given case, which fact served as grounds for its rejection to recognize the judgment of the High Court of Justice of England. Given that the procedural rules of the countries signatories of the New York Convention differ, the procedure for recognizing a foreign judgment is different in practice. Ukraine is not a European Union member, therefore its mechanism of recognition and enforcement of foreign judgments does not include elements of EU legislation. Court judgments issued in states that are not EU members are recognized and enforced in accordCyprus is a party to various bilateral agreements on the recognition and enforcement of foreign judgments with countries like Ukraine, China, Belarus, Georgia, Egypt, Russia, www.ukrainianlawfirms.com

ous multilateral conventions relating judgments and orders are usually set out in those agreements. Ukraine and Cyprus are in the Agreement on Legal Assistance in Civil Matters under which the following judgments issued on the territory of the other Contracting Party are recognized and enforced: a) judgments in civil cases, including family cases; b) judgments in criminal cases in the part related to damages. Regarding the procedure for the recognition and enforcement of foreign judgments in Ukraine, it can be is possible to conclude that if a court Ukraine is not trying a case based on a dispute between the same parties, regarding the same subject matter, and on the same grounds; the established deadline for submitting a foreign judgment for recognition in Ukraine is not exceeded; a motion seeking cancellation of a given arbitral award is not allowed; the subject of the dispute is referable to courts under the laws of Ukraine; the recognition of the said judgment does not threaten the interests of Ukraine; and there is no relevant agreement with the country where the judgment was issued, such a foreign judgment may be enforced in Ukraine following the principle of reciprocity.

SOTERIS PITTAS & CO LLC Address: Tel.: +357 25 028460 +357 25 028461 Web-site:

discOveRy ORdeRs Cyprus has become an international business centre thanks to the existence of a wide network of double taxation treaties, common law legal litical environment, etc, and to date more than 250,000 Cypriot companies have been established, the majority of which hold and own valuable assets in, inter alia, Russia and Ukraine. Due to the above, Cyprus is a unique forum for the freezing of ascially owned by persons residing in CIS sia and Ukraine. The adoption of the common law legal system empowers Cypriot courts to issue so-called “Chabra freezing inly owned by the debtor/ defendant, but are held and legally registered in the name of a third person). In addition, Cyprus courts are empowered to grant discovery orders (i.e. Norwich pharmacal type, Bankers

Trust type, etc.) in order to assist a claimant to plead his case, to prove his case, to identify other wrongdoers and to trace the assets of a defendant. Such discovery orders can be applied in the context of substantive civil proceedings pending before Cyprus courts, or in the context of special discovery actions for the purpose of obtaining information and evidence to be used in pendCyprus or abroad (i.e. both court and arbitral proceedings). who administer the Cypriot or overseas companies by providing nominee and trustee services, or against local banks in which the relevant companies keep bank accounts. In the context of such discovery actions, applicants may request the court to issue an ex parte gagging order, blocking the discovery defendant from alerting his clients or any other person about the pending proceedings. Through the use of the mechanism of discovery orders, a claimant (i.e. victim of a wrongdoing, a creditor, etc.) may be able to build his case by collecting evidence to plead and prove his claim and to secure his claim by tracing the defendant’s assets.

cOnclusiOn The legal teams of BOGATYR & PARTNERS and SOTERIS PITTAS & Co LLC have huge experience in carrying out forensic investigations and in handling discovery actions, for the tracing of assets of debtors or wrongdoers and collection of valuable evidence needed for the successful outcome of a court and arbitration case.

WHO IS WHO

Vitaliy Serdyuk, AVER LEX Criminal practice is now enduring active “turbulence”. The number of open criminal proceedings has increased significantly since last year. But do not think that this is connected with crime growth or law-enforcement efficiency. The matter is rather in the change of the first figures in power and lawenforcement structures that desire to show high results of their work, and also in constant legislative amendments that make a criminal process simple as much as possible for an investigator/ prosecutor. The suggestion to simplify a condition for “putting on the international/interstate wanted list” to “putting on the state wanted list” to initiate a special litigation proceeding confirms the above-mentioned; or a suggestion of a possibility to withdraw assets (special confiscation) till the end of the case investigation and a court award. And all these in addition to the actively applied methods of pressure on business: searches, interrogations, and property arrests. Most popular accusations are: accusation of fraud; assignment, embezzlement and acquisition of other people’s property via misuse of an official position; laundering of criminally received income; taxes payment evasion; fictitious business; terrorism financing; misuse of power of a duty position; as well as an offer, promise or paying improper benefit (bribe). Such a situation made business representatives address criminal practice advocates after start of any relations with the law-enforcement bodies and more often in order to have a criminal “audit” with the purpose to minimize possible risks. Liability upon these accusations is the most severe and can result in total loss of business and personal freedom. That is why nowadays it is not simply important, but vitally essential to secure yourself and your business and to be one step ahead!

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Criminal Law / White-Collar Crime

IN UKRAINIAN LAW BY PRACTICE AREAS ⁄ INDUSTRIES

Criminal Law/ White-Collar Crime

VER LEX is a highly-specialized Ukrainian law firm that focuses on criminal law. The practice team consists of 13 lawyers led by the company’s partners and widely-recognized criminal defense attorneys Vitaliy Serdyuk, Olga Prosyanyuk and Igor Fedorenko. The team is enlisted for identification and minimization of criminal legal risks, comprehensive protection within pre-trial investigations and the trial stage of criminal proceedings. In particular, the firm is the regular premier choice for economic crimes and handles matters for persons suspected and accused of committing economic malfeasance and abuse of office and property cases. Over the last couple of years AVER LEX has worked on a number of complex high-profile cases involving high-ranking officials and key business persons. Defamation cases are an important part of the workflow. The company is also known for being a partner on criminal law and procedural issues of large consulting and companies in Ukraine. The sizeable Kiev team of Egorov Puginsky Afanasiev & Partners is frequently consulted in the most high-profile criminal matters. The firm covers all criminal law issues, focusing on defense in criminal law cases, preventive counseling on compliance, tax evasion, corporate internal investigations, and other areas. The team is known for its strong track record of high valued and multi-dimensional disputes, and combines expertise in Ukrainian criminal law with experience of anticorruption provisions of the US (FCPA) and UK (Bribery Act) law. Highly-recognized criminal law expert Sergiy Grebenyuk was promoted to partner. Serhii Sviriba, managing partner and practice co-head, is an exclusive representative of the international anti-crime network Fraudnet. Arzinger’s criminal defense practice covers business protection and white collar crime. The team represents the interest of senior management, company’s officers and employees with management functions. The attorneys ensure legal protection at all stages of criminal proceedings, including during inspection of a company’s financial or business activity or tax legislation compliance, during pre-trial investigations or criminal trials. The caseload includes tax evasion, fraud, embezzlement and seizure of assets. Partner Kateryna Gupalo, head of tax and customs disputes as well as white collar defense practices, is the key contact. In 2015 the white-collar crime team of VB PARTNERS was busy in numerous criminal proceedings, including tax evasion, fraud and banking-

related matters. For example, the team represented Zaporozhsky Alyuminoviy Kombinat, Public JSC, in a criminal case concerning the annulling of shares. Most recently the firm acted in the interest of Indesit Ukraine in a criminal prosecution of the chairman of a client’s contractor on the fact of fraud and evasion of a court ruling. Known practitioner Denys Bugay, partner, heads the 4-attorney team. Partner Oleksandr Lukyanenko, an expert in commercial and corporate crime, is another contact. Bogatyr & Partners, Ukrainian boutique focused on business crime, fraud, asset tracing and recovery, commercial litigation in Ukraine and internationally and legal assistance in challenging economic sanctions. The firm’s senior partner Volodymyr Bogatyr is a specialist in cross-border disputes and works closely with a range of legal advisors and investigators from the United States, the United Kingdom, Cyprus, Switzerland, France, Austria, Lichtenstein and other jurisdictions. Recently he acted for a private client in a complex cross-border fraud matter involving tracing assets in Canada and Switzerland, obtaining a freezing injunction and recovering USD 70 million via Cyprus courts. Sayenko Kharenko undertook rapid development of its white-collar crime practice, which is increasingly preferred by international clients. The past year brought a number of high-profile criminal cases when the firm represented large corporations, businessmen, government officials, and non-residents in criminal proceedings related to financial fraud, tax evasion, bribes, crimes by officials, fictional business activity and other cases. The firm is currently representing the interests of a large international retail group in criminal proceedings within investment projects related to construction of trade centres in Kiev and Odessa; represented a Ukrainian subsidiary of a large international agriculture corporation in criminal proceedings initiated against the company’s officials. The group is led by litigation partner Sergey Pogrebnoy. The sizeable white-collar crimes practice at Juscutum Attorneys Association consists of 16 associates, including senior associate Kseniya Prokonova. One of the most representative projects is appeal against the arrest of a UAH 15 billion property owned by PJSC Naftogazvydobuvannya and support of DTEK Energy in a case against law-enforcement on releasing a coal cargo detained at Odessa Customs. Apart from petrochemicals, the firm traditionally actively represents IT clients, for instance, Advancedhosters and Bella trade, Agrarian Commercial Bank PJCS, Servicewww.ukrainianlawfirms.com

Criminal Law / White-Collar Crime

Online LLC, Kuna Bitcoin Agency. The practice is headed by Denys Ovcharov, noted for his recent work by peers. In 2015 attorneys of ARBITRADE were involved in the most controversial and unprecedented criminal proceedings both in terms of complexity and ultimate outcome for judicial practice. The recent portfolio encompasses one of the first cases with the participation of jury, a number of criminal proceedings initiated in relation to tax matters and raiders attacks and many others. It is noteworthy that the firm continued to represent insurance company ECCO and its Austrian investor as plaintiff in the series of criminal proceedings. Managing partner Pavlo Trytenichenko and partner Andriy Shulga lead the dedicated team. Evgeniy Solodko, managing partner of Solodko & Partners, is widely referred among the best known criminal defense attorneys in Ukraine. His relevant experience includes representing a former minister of justice of Ukraine in criminal proceedings.

Integrites significantly strengthened its criminal law practice after being joined by Denys Statnikov, who previously headed the Statnikov & Partners law firm. The team has considerable experience in defending clients in criminal cases of significant complexity, interaction with law-enforcement bodies, protecting clients’ assets against illegal third party actions, legal representation in criminal proceedings involving economic crimes and corruption charges. Following his joining, the Integrites criminal law practice primarily focuses on support and protection of businesses in taxrelated criminal proceedings, violations of anti-corruption and compliance law and procedures, as well as on whitecollar crime. The team also concentrates on protecting the business interests of clients against unlawful actions by state authorities, e.g., fiscal authorities or lawenforcement agencies.

WHO IS WHO

AUTHORITIES Yaroslav Zeykan (Zeykan, Popovych, Holub & Partners)

LEADING INDIVIDUALS Volodymyr Bogatyr (Bogatyr & Partners) Denys Bugay (VB PARTNERS) Igor Fomin (Fomin & Partners) Sergiy Grebenyuk (Egorov Puginsky Afanasiev & Partners Ukraine) Denys Ovcharov (Juscutum Attorneys Association) Olga Prosyanyuk (AVER LEX) Vitaliy Serdyuk (AVER LEX) Angelika Sitsko (GOLAW)

KM Partners attorneys-at-law provide services on defense of clients’ officials and staff in criminal proceedings on white-collar crimes. Given established

Evgeniy Solodko (Solodko & Partners)

Volodymyr BOGATYR

Senior Partner of BoGatYr & PartnerS, Ph.D., honorarY LawYer of Ukraine

Education:

Mr. Bogatyr graduated from Kyiv National Taras Shevchenko University with J.D. in 1999, and received a Ph.D. from Legislation Institute of the Verkhovna Rada (Parliament) of Ukraine in 2014.

Professional experience:

PRACTICE AREAS:

Litigation, Dispute Resolution, Corporate Fraud Investigation, White Collar Criminal Defense, Law Enforcement Intelligence, Global Litigation and Enforcement, Transnational Litigation and Foreign Judgments, Internal Investigations, Government investigation, Government Relations and others.

LANGUAGES:

Ukrainian, Russian, English

www.bogatyr.com www.ukrainianlawfirms.com

Volodymyr Bogatyr acts for clients in complex, fact-heavy and high value cross-border commercial disputes. As part of that work, Volodymyr is often responsible for the strategic coordination of proceedings in multiple jurisdictions. He is the only qualified Ukrainian advocate who is registered as a foreign advocate in both Russia and Poland. Mr Bogatyr’s practice focuses on a broad range of civil and criminal litigation and investigations involving international and transnational matters. He undertakes international litigation management work, coordinating the provision of legal advice and/or legal proceedings across multiple jurisdictions. Mr Bogatyr has represented both corporate clients and individuals in a wide variety of matters, including fraud claims, white collar matters, assets tracing, post-M&A disputes, partnership and joint venture disputes. He provides advice on contractual and insolvency matters as well as issues relating to the enforcement and recognition of judgments in Ukraine and abroad. Mr. Bogatyr’s deep, yet wide-ranging understanding of his specialty has also benefited from his experience in distinguished public service prior to him entering private practice. Mr Bogatyr served as Ukrainian Deputy Justice Minister from 2007 to 2011. He was recognised as Honorary Lawyer of Ukraine by the President of Ukraine in 2010. He also possesses acknowledgments from 2008 provided by the Parliamentary Committee on Combating Organized Crime and Corruption. Since his return to private practice, Mr Bogatyr has developed a strong track record of successfully helping his clients to deal with national and cross-border asset recovery investigations in fraud, insolvency and bribery matters.

Tel.: +380 44 363 7722

E-mail: volodymyr@bogatyr.kiev.ua

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WHO IS WHO Olga Vorozhbyt, CMS Cameron McKenna In recent years bankruptcyrelated disputes of high magnitude have hit the market. This is no surprise since even though Ukraine’s economy shows a slight sign of gearing up, the situation still remains very shaky. This trend relates to businesses in any sector of the economy, even to such a powerhouse as agriculture with the remarkable bankruptcy of Ukraine Mriya Agroholding, one of the largest agricultural companies. Yet the banking sector has suffered the most. Finance and Credit, Delta and Khreshchatyk are just a few examples of high street banks out of 76 bank financial institutions which went bankrupt or into administration in the last few years. Apparently this creates a huge workload for disputes lawyers, which will remain significant in 2016. Another important trend is the increase in the number and significance of crossborder corporate disputes related to assets based in Ukraine. Examples of such disputes include Skymall, Amstor and BRSM Nafta. Normally one would not expect parties to high-profile corporate conflict to litigate in Ukraine. The reason is that traditionally the corporate structures of most Ukrainian businesses are located offshore and usually in several jurisdictions. Thus, a fair share of corporate disputes considered by Ukrainian courts is just a small constituent part of the large-scale strategy plan of “perfect storm” — filing of multiple claims in courts of various countries and/or initiating arbitration proceedings simultaneously with a view to put maximum pressure on an opposing party.

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Litigation

IN UKRAINIAN LAW BY PRACTICE AREAS ⁄ INDUSTRIES

Litigation

eputable litigators Ilyashev & Partners expanded the firm’s client base last year while continuing to protect the interests of its regular clients in various fields both in Ukraine and abroad. In March 2015 the firm opened an office in Moscow, Russian Federation. By the end of 2015 this office had acted on more than 100 disputes and arbitrations in Russia. The team has actively accompanied disputes on the territory of Crimea. Among recent notable cases is representing FGC More in a USD 240 million international conflict in connection with the “nationalization” of the company’s assets in Crimea by the Russian Federation. The firm remains a port of choice for regular clients like BTA Bank and Nadra Bank, representing their interests in numerous disputes, including cross-border litigation and arbitration, debts restructuring projects, insolvency procedures and enforcement of collaterals. The sizeable team is led by Mikhail Ilyashev, managing partner, who comes highly recommended by the market and Roman Marchenko, senior partner. High-stake dispute resolution is a key field for FCLEX law firm. In 2015 the firm attracted a lot of new clients, including Azovmash Group of companies, The Ukrainian Business Group, Mriya Agro Holding, Vernum Bank, Trust Bank. Besides, the firm continues to cooperate with its regular clients. During 2015 the team reported on 1,000 litigations totaling about USD 2.8 billion, in particular, represented Finance and Credit Bank in more than 300 disputes totaling about USD 800 million. Highlights include a USD 100 million debt recovery case between UkrSibbank (BNP Paribas Ukraine) and AIS Corporation; representation of Azovmash and Nest Corporation in several disputes on debt recovery by Alfa-Bank. Senior partner Viktor Barsuk oversees the practice; partner Oleg Malinevskiy coordinates the majority of litigation, including banking and corporate; partner Sergey Chuyev accompanies administrative disputes, including tax; partner Vyacheslav Kraglevych is responsible for real estate litigation. Fully dedicated to litigation work, LCF Law Group is among the most powerful practices in Ukraine. The prestigious client portfolio includes leading Ukrainian financial and industrial groups, banks, foreign companies, energy and IT companies. The team is well known every year for successfully representing banks and corporate debtors in debt recovery disputes, as well as its extensive track record of commercial, bankruptcy proceeding, corporate conflicts, tax litigations. In 2015 the team supported Alfa-Bank in 13 debt collection litigations against the Azovmash group of companies. Another highlight was supporting oil and gas company Ares Systems Ltd/Ariana Business Limited (Great Britain) on annulment of securities purchase contracts and the resumption of property rights on shares issued by the State JSC Ukrnefteburenie.

Pro-active practitioners Anna Ogrenchuk and Artem Stoyanov, both partners, handled the projects. Vasil Kisil & Partners is often named one of the most respected and recommended litigation practices on the Ukrainian market. The sizable 25-strong team is known for its remarkable track record on corporate, commercial, banking, administrative and regulatory disputes, including tax, labor, IP litigation. In 2015 the litigation team represented Shell in four disputes with tax authorities regarding the right to automatic refund of VAT; defended the interests of one of the subsidiaries of NCH Capital Inc in a labor dispute with a former CEO; represented an international investor in the mining of manganese ore in Ukraine in four disputes with the Prosecutor-General regarding invalidation of a contract on lease of a land plot. Partner Oleg Alyoshin was recently involved in cross-border litigations. Oksana Voynarovska, partner, is devoted to labor disputes. Oleg Makarov, partner, is acclaimed as a top-level litigator. Vadym Belyanevych another litigation heavyweight was elected a member of the High Council of Justice. Proactive Andriy Stelmashchuk, managing partner, led the practice. In 2015, Sayenko Kharenko demonstrated a successful track record in resolving high-profile disputes. The litigation team handled an impressive debt recovery portfolio, in particular represented the interests of one of the largest machine-building enterprises in Ukraine in 13 court cases on the recovery of a USD 65 million debt. With the hire of Serhiy Verlanov (previously worked with PwC) the firm intensified its tax disputes practice, successfully represented one of major tobacco producers in a series of tax disputes for a total amount of USD 4.5 million. Tatyana Slipachuk, partner, and Olexander Droug, senior associate, were involved in cross-border disputes, acted as Ukrainian counsel in Cypriot litigation regarding winding up proceedings in respect of the holding company of a major Ukrainian industrial group initiated by one of its creditors; represented one of the major Ukrainian banks in proceedings in Switzerland relating to the freezing of assets of the former shareholder of a Ukrainian agricultural group. The litigation also represented Daimler AG in a series of product liability and consumer protection cases in Ukrainian and Crimean courts. The firm saw growth in its criminal law practice, and acted on 11 high-profile criminal cases representing large corporations, businessmen, government officials, and non-residents in criminal proceedings related to financial fraud, tax evasion, bribes, crime of officials, fictitious business activity and other cases. Partner Sergey Pogrebnoy and senior associate Sergey Smirnov are the key litigators. During the preceding year the dispute resolution practice of Integrites was focused on post M&A and www.ukrainianlawfirms.com

Litigation

IP disputes, disputes with state authorities, unique recoveries and restructurings. The firm also succeeded in other types of litigation in Ukraine and CIS. The firm recently acted as legal counsel to VTB Bank in the debt restructuring of Westa Holding; provided Denmark’s Export Credit Agency with strategic consulting on the court restructuring procedure of one of the biggest rapeseed producers in Kazakhstan; acted as local legal counsel for the International Air Transport Association (IATA) and defended its interests in a variety of disputes, including disputes that arose due to the default of the Travel Distribution Services Company in Ukraine. The tax team represented Philip Morris Ukraine in a range of disputes against the State Fiscal Service of Ukraine. Vyacheslav Korchev, senior partner, heads the dispute resolution practice in CIS. Denys Kytsenko, partner, possesses solid expertise in corporate, tax, banking, investment, IT and IP disputes, and bankruptcy litigation. Egorov Puginsky Afanasiev & Partners Ukraine enjoys a proven track record of resolving complex, multi-faceted disputes that require close cooperation and synergy between domestic and international litigation. In 2015 the team focused on protection of international investor’s interests with respect to assets and property recovery, bankruptcy proceedings, relations with Ukrainian state agencies as well as debt reimbursement. In particular, EPAP Ukraine represents a leading international chemical producer in court proceeding against the Ministry of Economy and Trade of Ukraine, Intergovernmental Commission on International Trade of Ukraine, challenging latest ruling on implementation of an anti-dumping duty; assists one of the world’s largest media conglomerates on the enforcement of IP rights and halting sales of counterfeit products representing a client before customs and state authorities. Managing partner Serhii Sviriba leads cross-border disputes.

LEADING FIRMS 1. 2. 3. 4. 5.

AUTHORITIES Oleg Makarov (Vasil Kisil & Partners)

Partner Gleb Bialyi is co-head of litigation practice. Partner Ilona Zekely advises on disputes involving international and Austrian companies. Avellum’s dispute resolution team is a notable market-player in cross-border litigation as well as domestic high-profile disputes. The team advised world leading investment funds as the owners of the majority of USD 470 million worth of notes issued by Mriya Agro Holding plc on removal of management and taking control of the company; represented Poltava Mining Plant in Ukrainian commercial courts in the dispute against the Bank Finance and Credit represented by the provisional administrator on recovery of USD 10 million. Another highlight was acting for Ferrexpo in connection with commencement of provisional administration procedure and liquidation procedure in respect of Bank Finance and Credit in which USD 174 million belonging to the Ferrexpo group companies are held. The practice is led by Dmytro Marchukov, who joined as a partner from EPAP Ukrainian. Market heavyweight Asters showcases a well-diversified dispute resolution practice. The firm represents a range of international and local clients in commercial, corporate, tax disputes, IP litigations. In a recent highlight the firm represented Container Terminal Ilyichevsk, a private company with investments of

COUNSELINK KUSHNIR, YAKYMYAK & PARTNERS 19-B Instytutska Street, Suite 40, Kiev, 01021, Ukraine Tel./Fax: +380 44 253 6665, 253 5939, 253 5940 E-mail: oleg.yakymyak@kypartners.com Web-site: www.kypartners.com

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Ilyashev & Partners FCLEX Vasil Kisil & Partners LCF Law Group Integrites

WHO IS WHO

LEADING INDIVIDUALS 1. Mikhail Ilyashev (Ilyashev & Partners ) 2. Anna Ogrenchuk (LCF Law Group ) 3. Roman Marchenko (Ilyashev & Partners ) 4. Oleg Malinevskiy (FCLEX) 5. Andriy Stelmashchuk (Vasil Kisil & Partners) The selection of firms and professionals in the table reflects the research carried out by the editorial staff of Yuridicheskaya Practika Publishing. It is based on a poll with market participants and submissions of the project portfolio provided by law firms. It remains a subjective view and implies no disparagement of any firm/professional not mentioned here but which is, nevertheless, active in this field.

OTHER NOTABLE PRACTITIONERS

LISTED IN ALPHABETICAL ORDER

Oleh Beketov (Eterna Law) Gleb Bialyi (Egorov Puginsky Afanasiev & Partners Ukraine) Volodymyr Bogatyr (BOGATYR & PARTNERS) Sergey Boyarchukov (Alekseev, Boyarchukov & Partners) Pavlo Byelousov (AEQUO) Oleksiy Didkovskiy (Asters) Valentyn Gvozdiy (GOLAW) Alexey Kharitonov (ILF (Inyurpolis Law Firm) Andrey Kuznetsov (ANTIKA Law Firm) Denys Kytsenko (Integrites) Kostiantyn Likarchuk (Kinstellar) Tetiana Lysovets (Sokolovskyi & Partners) Markian Malskyy (Arzinger) Oleksandr Mamunya (AEQUO) Dmytro Marchukov (Avellum)) Artur Megerya (L.I. Group) Ivan Mishchenko (Trsuted Advisors) Denys Myrgorodskiy (Law Firm Dynasty) Maxim Oleksiyuk (WTS Tax Legal Consulting) Oleksandr Onishchenko (Pravochyn) Yuriy Petrenko (Spenser & Kauffmann) Sergey Pogrebnoy (Sayenko Kharenko) Olga Prosyanyuk (AVER LEX) Tetiana Samsina (ILC EUCON) Ihor Siusel (Baker & McKenzie) Stanislav Skrypnyck (Lavrynovych & Partners) Artem Stoyanov (LCF Law Group) Olga Vorozhbyt (CMS Cameron McKenna) Andriy Vyshnevsky (ENGARDE)

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WHO IS WHO

Litigation

IN UKRAINIAN LAW BY PRACTICE AREAS ⁄ INDUSTRIES

American investment fund Siguler Guff & Company and the German forwarding company SRR Deutschland, in a dispute with state entities Sea Commercial Port of Illichivsk and Ukrainian Sea Ports Authority regarding terminating a joint venture agreement, repayment of an interest in a joint venture and compensation of losses. Another stand out representation is acting for Ostchem in a series of corporate disputes against Uralkalii with regard to PJSC Azot (Cherkassy). Oleksiy Didkovskiy, Svitlana Chepurna and Tamara Lukanina are leading partners. The sizeable litigation team at Arzinger has extensive experience of various court cases, both domestic and on international issues. The firm operates through its offices in Kiev, Odessa and Lviv. In 2015 its diverse caseload centered on debt collection, tax and customs, commercial, IP disputes, business crime matters. Markian Malskyy, partner, head of the firm’s West Ukrainian branch is an important contact. Kateryna Gupalo is in charge of tax and customs disputes as well as white collar defence. Litigation is a mainstay for active local player VB PARTNERS. The practice is di-

verse and covers a wide spectrum of domestic litigation and enforcement proceedings. Both founding partners of the firm are active litigators. Volodymyr Vashchenko is focused on tax, commercial and civil disputes, while Denys Bugay leads corporate, commercial, regulatory disputes, and heads the firm’s whitecollar crime practice group. Last year was significant in representing the interests of Public JSC Zaporizhsky Alyuminievy Kombinat (ZAlK), a major Ukrainian aluminium smelter owned by RUSAL, in numerous disputes. Another highlight of the team is preparing the application to the European Court of Human Rights on violation of investors’ rights to a fair trial via government interference in the judicial process and the right to property through expropriation of ZAlK shares. Baker & McKenzie has been providing legal assistance to clients in complicated disputes, both in Ukraine and around the world, including handling complex crossborder matters. In 2015 the team acted as legal counsel in bankruptcy proceedings and debt restructuring related issues, commercial and property disputes, assets recovery. Ihor Siusel, partner, heads the Kiev dispute resolution practice group.

LBL — Legal Bureau of Likarchuk, established in October 2015 by Kostiantyn Likarchuk, started with a diverse portfolio of domestic and cross-border projects. The firm advised Stockman Interhold S.A. and Mr. Andrey Adamovskiy in a multijurisdictional shareholders dispute, and advised a large Ukrainian developer of shopping malls on litigation strategies in Ukraine and Germany, and criminal proceedings initiated in Ukraine against a large German corporation group. The team was transformed into the Ukrainian office of Kinstellar from March 2015. Apart from its transactional focus, AEQUO has rapidly expanded its dispute resolution portfolio in specific industry sectors, namely, agro, energy, pharma, IP, telecommunications. Amongst landmark projects was representing a major Latvian bank on recovery from Ukrainian debtors and Samsung regarding recovery of a USD 3.5 million debt. Partner Oleksandr Mamunya heads the dispute resolution and IP. Pavlo Byelousov, counsel, is dedicated to this practice area. In 2015 the dispute resolution team of ILF (Inyurpolis Law Firm) was especially

Olga PROSYANYUK

Managing Partner, aVer LeX attorneys at Law attorney-at-Law, Candidate of LegaL sCienCes, MeMber of the disCiPLinary ChaMber of the KieV City QuaLifiCation and disCiPLinary bar CoMMission of uKraine, board MeMber of the uba

Education:

Academy of Advocacy of Ukraine (2004), V.M. Koretsky Institute of State and Law of the National Academy of Sciences of Ukraine (2013), Candidate of Legal Sciences.

Professional experience:

PRACTICE AREAS:

White-Collar Crime, Litigation, Corporate Law

LANGUAGES:

Ukrainian, Russian, English

www.averlex.com.ua

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Olga Prosyanyuk is experienced in successfully representing and defending the interests of her clients at corporate, administrative and criminal cases in national and international judicial authorities. She represents interests of economic societies in disputes with business partners or state authorities as well as of private persons on business reputation protection. Ms. Prosyanyuk is involved in active research: she is the author of more than 100 works published in leading trade journals. Moreover, she participates in social projects. Under the guidance of Olga Prosyanyuk Aver Lex Attorneys at Law was named among the top law firms in the sphere of “dispute resolution” according to international ranking Chambers and Partners 2016. According to research Legal 500 EMEA 2015, Olga was recommended as real professionals in the sphere of disputes resolution. She was mentioned in the 100 best lawyers of the court practice respectively to research Choice of a client: TOP 100 best lawyers of Ukraine 2015. As consistent with research 50 Leading Law Firms of Ukraine 2015, 2014, 2013 Olga Prosyanyuk received an award as the leading litigation lawyer and lawyer of criminal cases. And in 2015, 2014, 2013 Olga was rated by Ukrainian Law Firms. A Handbook for Foreign Clients as one of the best in the fields of litigation and criminal law/business crime. According to all-Ukrainian independent public rating Attorney of 2013, Olga was among the best 5 attorneys. In 2011 Olga Prosyanyuk won in The Best Trial Lawyer nomination of Legal Award 2011.

Tel.: +380 44 300 1151

E-mail: prosyanyuk@averlex.com.ua www.ukrainianlawfirms.com

Litigation

dedicated to banking disputes, including a claim against Deposit Guarantee Fund, debt restructuring and recovery, tax and landrelated matters. The firm’s clients encompass agrarian enterprises, industrial producers and trading companies. Partner Alexey Kharitonov is a key litigation figure. The firm proactively develops its practice of defending clients’ interests in the European Court of Human Rights. Andriy Kristenko leads the relevant practice. Lavrynovych & Partners provides litigation services in resolving a wide range of disputes, especially tax litigation and bankruptcy proceedings. In 2015 the team was present in real estate related disputes, and acted for Devilon Group in a range of cases amending leasing agreements regarding the increase of their validity. The firm continued acting for Swissport International Ltd in a series of disputes. Maksym Lavrynovych, managing partner, oversees the practice. Stanislav Skrypnyck, partner, is the main litigator. Litigation remained ARBITRADE’s major focus. In 2015 the caseload was substantially increased by a number of complicated

insolvency and bankruptcy proceedings, high-value tax-related proceedings as well a number of cases for recognition and enforcement of foreign arbitration awards and court decisions on the territory of Ukraine. ARBITRADE lately represented a well-known French insurance company called COFACE in a dispute with a Ukrainian distributor; acted for Oceanapolis, one of the leading importers of live seafood and refrigerated fish, in connection with an attempted illegal takeover; represented Trenazher, a company that has substantial immovable property in Kiev, in a corporate dispute with one of its shareholders. Pavlo Trytenichenko, managing partner, is the key contact. CMS Cameron McKenna predominantly acts for international clients. It recently represented mBank S.A in a trademark dispute against Ukrainian Bank Mykhailivsky. The team was recently successful in representing the interests of three Australian life insurance companies in a complex fact-finding and private investigation assignment that culminated in court proceedings through the system of Ukrainian administrative courts. Olga Vorozhbyt, partner, develops litigation and is known for her compliance expertise. The

WHO IS WHO

reputable Olexander Martinenko, senior partner, is another point of contact. Lexwell & Partners acts as a local counsel in domestic and multi-jurisdictional matters. Not long ago the firm provided legal advices on Ukrainian law issues in a dispute before the London Court of International Arbitration (LCIA) which has been terminated by an amicable settlement reached between the parties, and related to valuable ferroalloy assets located in Ukraine (part of a global litigation campaign to the value of more than USD 1 billion). The firm represented Okean B.V. in USD 100 million litigation relating to control over assets of the Mykolayiv-based Okean Shipyard. The team is led by Andrey Kolupaev, managing partner. Dispute resolution is one of the leading practices within MORIS GROUP. In 2015 the team cultivated its presence in banking and finance disputes, including debt collection and debt recovery disputes to a total amount of around USD 260 million. Another strong mainstay is tax litigation. Partner Andriy Savchuk also heads the dispute resolution department.

Volodymyr BOGATYR

senior Partner of bogatyr & Partners, Ph.d., honorary Lawyer of uKraine

Education:

Mr. Bogatyr graduated from Kyiv National Taras Shevchenko University with J.D. in 1999, and received a Ph.D. from Legislation Institute of the Verkhovna Rada (Parliament) of Ukraine in 2014.

Professional experience:

PRACTICE AREAS:

LANGUAGES:

Ukrainian, Russian, English

www.bogatyr.com www.ukrainianlawfirms.com

Volodymyr Bogatyr acts for clients in complex, fact-heavy and high value cross-border commercial disputes. As part of that work, Volodymyr is often responsible for the strategic coordination of proceedings in multiple jurisdictions. He is the only qualified Ukrainian advocate who is registered as a foreign advocate in both Russia and Poland. Mr Bogatyr’s practice focuses on a broad range of civil and criminal litigation and investigations involving international and transnational matters. He undertakes international litigation management work, coordinating the provision of legal advice and/or legal proceedings across multiple jurisdictions. Mr Bogatyr has represented both corporate clients and individuals in a wide variety of matters, including fraud claims, white collar matters, assets tracing, post-M&A disputes, partnership and joint venture disputes. He provides advice on contractual and insolvency matters as well as issues relating to the enforcement and recognition of judgments in Ukraine and abroad. Mr. Bogatyr’s deep, yet wide-ranging understanding of his specialty has also benefited from his experience in distinguished public service prior to him entering private practice. Mr Bogatyr served as Ukrainian Deputy Justice Minister from 2007 to 2011. He was recognised as Honorary Lawyer of Ukraine by the President of Ukraine in 2010. He also possesses acknowledgments from 2008 provided by the Parliamentary Committee on Combating Organized Crime and Corruption. Since his return to private practice, Mr Bogatyr has developed a strong track record of successfully helping his clients deal with national and cross-border asset recovery investigations in fraud, insolvency and bribery matters.

Tel.: +380 44 363 7722

E-mail: volodymyr@bogatyr.kiev.ua

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