Criminal Law/ Business Crime

AVER LEX, one of most dynamic Ukrainian criminal boutiques, made a quick breakthrough in 2014. The outgoing year brought more than 80 criminal cases, including involvement in a range of resonance cases with participation of politicians, businessmen, large corporations and physical persons, attorneys at law. The firm often collaborates with consulting and law firms in Ukraine on issues of criminal law and criminal procedure. The team is active in the field of economic and official activity on suspicion and incrimination of economic abuses, malfeasances and exceeding of duties, including property crimes. The 11-attorney team is led by highly recognized partner Vitaliy Serdyuk, and practice co-head, Igor Fedorenko, partner. Managing partner Olga Prosyanyuk, renowned for her wide litigation practice, also acts in a range of resonant criminal cases.

Being a full-service law firm, Egorov Puginsky Afanasiev & Partners Ukraine is particularly strong in the field of criminal law. EPAP Ukraine is an exclusive representative of the international anti-crime network Fraudnet. The firm’s sizable team, as headed by Serhii Sviriba, managing partner, and extremely active counsel Sergiy Grebenyuk, is frequently instructed on the most high-profile criminal matters. In 2014 the team acted in approximately 20 cases, which among others included alleged tax evasion, fraud and other complex matters.

Gvozdiy & Oberkovych, a law firm with offices inKiev and Odessa, constantly assists legal entities as well as natural persons. The recent criminal cases of economic nature include representing Remmers Ukraine, a Ukrainian subsidiary of a major German producer and distributor of construction materials, in a criminal law case on corporate theft to the value of EUR 5 million from fraudulent misconduct by a top Ukrainian manager. Other clients include HDI Insurance Ukraine, Osnova Insurance Company, American Technologies LLC. The team also supported the Bogomolets National Medical University in a series of cases regarding misuse of powers at the University; Absolute Plus LLC in criminal proceedings regarding return of temporarily exempt assets. Partner Angelika Sitsko is recognized for assisting in criminal cases with respect to the business sector. Sergiy Makovetskiy is another contact.

The criminal practice of Arzinger consisted of a range of cases, including tax evasion and fraud. Recent highlights include protection of global automobile company in a criminal process on tax evasion. The practice team supported a global distributor of chemical production and its official functionaries as well as a national pharmaceutical company in criminal proceedings initiated by the Security Service of Ukraine; represented a global leasing company in a criminal process on fraud with insurance payments. Till May 2014 the practice was headed by Vitalii Kasko, who was later appointed a deputy prosecutor-general of Ukraine. Kateryna Gupalo, who joined in March 2015 as a counsel, became the new head of the white-collar defense practice.

Solodko & Partners was acknowledged amongst leading crime defense firms in Ukraine. Evgeniy Solodko is traditionally named as a reputable practitioner in the criminal defense arena. Another notable criminal attorney, Olena Sotnyk, was elected as a member of the Ukrainian Parliament in 2014.

During 2014 the white-collar crime team of VB PARTNERS acted in a dramatically increased number of criminal cases against officials of the firm’s clients — taxpayers suspected of tax evasion, fraud and forgery. For example, the team recently represented officials of Homer Sotware House,a leading international outsourcing contact centre in Ukraine, in USD 9.7 million criminal proceedings on tax evasion. The firm is also active for providing support to clients in criminal prosecutions related to non-enforcement of judgements. Another highlight is representing British American Tobacco in the pre-trial and trial investigations and at the stage of enforcement proceedings regarding the recovery of damages from illegal activities on manufacturing counterfeit, destruction of counterfeit products and equipment for its production. Denys Bugay, partner, splits his time between white-collar crime, corporate law, M&A and corporate disputes.

In 2014 the dedicated criminal law practice group of Sayenko Kharenko reported on over 10 large-scale cases defending the interests of local and international clients. These included financial fraud, public and private corruption, money-laundering, IP rights violations, bribery, counterfeiting. The team represented a non-resident in criminal proceedings related to the property rights for a USD 30 million business center in Kiev, and a shareholder of one of the largest developers in Kiev Region in a corporate dispute, including criminal proceedings related to the shareholders’ rights. The firm is currently advising one of the largest European air companies in criminal proceedings initiated by the State Aviation Administration of Ukraine. The group is led by litigation partner Sergey Pogrebnoy. Another key contact is counsel Igor Sukhomudrenko.

Rapid development is exceedingly fair for Juscutum Attorneys Association. The team, as guided by Denys Ovcharov, partner, reports on having obtained more than 50 positive judgments past year. For instance, they firm conducted pro bono the case of Vradiyevskiy movement coordinator Vasyl Lyubarets on his struggle for legal rights against a police iniquity. The team is part of a coordination a working group on legal support of the journalists injured at Bankova Street, and also of a working group on recovery of powers to the Supreme Court of Ukraine. The team acts for Liga Group of Companies, Sport Life, Bella, PrJSC Naftogasovydobyvannia, TD Sanmaks LLC, PJSC AgroComBank, Proxima Insurance Company, Football Club Arsenal Kyiv. Litigations on return of temporarily seized property in criminal proceedings are the team’s special focus. It is noteworthy that Juscutum launched the first mobile app to prevent police misconduct.

The white-collar crime practice of Asters isparticularly visible in tax evasion matters, fraud, forgery, smuggling, money laundering, alleged financing of terrorism, copyright infringement, property seizure. Leading associates Oleksandr Yakovenko and Oleksiy Ukolov, led by managing partner Oleksiy Didkovskiy, acted for corporate clients and individuals.

Criminal law and white-collar crime practice are amongst the principal offering of the domestic Zavadetskyi Advocates Bureau. The team, headed by founding partner Oleksandr Zavadetskyi, represented a leading global provider of telecommunications equipment and network solutions ZTE Corporation in a criminal investigation of USD 5 million corporate fraud committed against the company in Ukraine; represented Ukrainian subsidiary of AXA Insurance in criminal investigations of millions of dollars in damages events to the insured assets in the anti-terrorist operations zone. The team is strong in tax avoidance, intentional homicide cases and protection of foreigner imprisoned in Ukraine. Roman Shevchyshyn, head of general criminal law practice, is another contact.

The Kiev office of Baker & McKenzie, with its long-standing experience in the assertion of foreign clients’ interests, has become apparent in the domains of criminal law and white-collar crimes. Areas of significant activity included advising on potential criminal charges, including those arising out of employment disputes; legal representation before investigation authorities; support within searches and seizure of documents in the course of criminal proceedings. Ihor Siusel, partner, is involved in criminal matters, while Hennadiy Voytsitskyi, partner, and Yuriy Zaluskyy, counsel, provide representation on white-collar crime investigations.

Sokolovskyi & Partners is a vivid team working across criminal proceedings, in particular related to tax evasion, sham entrepreneurship, misappropriation and misapplication of property and abstraction of property with abuse of official position. Given the firm’s strong focus on tax, the criminal practice is considerably busy with allied tax matters. Thus, recent cases were initiated by the Security Service of Ukraine, tax police and included arrest of goods, seizure of documents, search of office, storehouse and dwelling premises, interrogations, traffic in special technical tools for receiving access to secret information. The firm takes an active part in drafting amendments to legislation, in particular those related to criminal liability of taxpayers. Tetiana Lysovets, senior partner, leads the practice.

During the past year Alekseev, Boyarchukov & Partners actively promoted its criminal defense service. Given the firm’s involvement in insolvency projects, it is often attracted for subsequent representation in criminal proceedings. Thus, its team defended the interests of Ukrsotsbank in criminal proceedings initiated against the bank and its lawyers. In 2014 the criminal attorneys took an active part in providing pro bono services for journalists, who suffered from law-enforcement employees on Bankova Street during protests by citizens. The leading criminal practice lawyers are Sergey Shapov, the head of the department, and Egor Shtokalov.

In 2014 the sizeable dispute resolution team of AstapovLawyers got appreciably visible through criminal matters. It handled representation of corporate officials in criminal investigation cases arisen out of a range of issues, in particular, abuse of power, commercial and corporate transactions, etc. Andrey Astapov, managing partner, and Oleh Beketov, partner, are key contacts on related matters.

Gramatskiy & Partners expanded its portfolio of supported criminal cases and special procedural investigations of business crimes. The firm developed a complex system of legal protection of business in relation with law-enforcement bodies and introduced it in the business routine of clients. As for 2014 the main workload was related to activity of the tax authorities. Principal clients include Media-Trade Ukraine, Ditrade, Prodmarket, Seven Hills, Finrostorg Group. Oleksandr Koval is a practice head.

Olitsky Yatsenko is a domestic boutique focused on defending criminal charges in Ukraine. Last year the firm represented foreign companies in criminal charges as the injured party, as well as provided them expert advice under applicable Ukrainian criminal law. The caseload includes representing international insurance company and its top managers in a criminal dispute with government authorities on a fraud offense; a German industrial holding as to a financial fraud matter; one of the major international retailers in criminal proceedings on counterfeit products. The firm is active in representing top managers of Ukrainian banks in financial fraud cases. Among others, the team successfully represented a deputy Minister of Emergency Affairs in criminal proceeding in connection with fraud on a major scale and the head of a regional administration in connection with bribery acts. Taras Olitsky and Victor Yatsenko, founding partners, are key contacts.

In 2014 Jurimex Law Firm became visible across a number of criminal matters, supporting both corporate clients and individuals. Yaroslav Tolkachev, head of criminal law practice, and Marina Slobodnichenko, partner, had an instruction from MSL LLC, operator of state lotteries, in prevention and suppression of active fraudulent actions, aimed at use of cash resources of gamblers accumulated on their bank accounts. The practice team developed protection from unlawful seizure of enterprise, restituted unlawfully withdrawn property, initiated criminal proceedings in respect of investigation officers and protected officials of clients and employees in criminal proceedings.

Protection in criminal proceedings on white-collar crimes is provided by KM Partners attorneys at law.In the past year itboasted of over 30 closed criminal proceedings illegally launched against clients’ officials in 2014 on alleged tax evasion. Partners Alexander Minin and Alexander Shemiatkin supervised the practice team.

International Legal Center EUCON is primarily focused on the defense of clients’ officials in tax related criminal proceedings. The team recently carried out defense of rights and interests of officials of such clients as Kyivstar, Ukrrichflot, Einhell Ukraine, Agrofirm Rubanskiy, on tax evasion cases. Yevgen Petrenko, counsel, head of criminal law and process practice, actively develops the dedicated area in the firm.

ILF (Inyurpolis Law Firm) confirms a rise in requests for criminal representation. Significant highlights were protecting Ukrgasbank, one of the largest state banks of Ukraine, in numerous criminal procedures commenced as to officials of unfair borrowers; representation of a charitable foundation in criminal proceedings commenced as to a former employee. Dmitriy Lazebniy is the main contact.

In 2014 the Kharkov-based Shkrebets & Partners was focused in defence of officials of its corporate clients. The firm represented the officials of the municipal Kharkov enterprise Zhylkomservis concerning the fact of misappropriation of UAH 25 million; defended the interests of the chief accountant of All-Global LLC in criminal proceedings and protected the interests of entrepreneurs suspected of committing a crime as to illegal use of trademarks and the brand names Adidas and Nike. Three partners, namely Eugene Shkrebets, Yuriy Arukh and Olexiy Meniv practice criminal law.

In 2014, FCLEX lawyers participated in about 15 criminal proceedings, generally in investigations of crimes in the sphere of economic activity, against property and white-collar crime. Taras Poshyvanyuk represented injured parties in proceedings.

In 2014, ARBITRADE continued representing clients in criminal cases. The firm represented the interests of a large foreign investor whose business in Ukraine was subjected to a corporate raid — the ECCO insurance company. Pavel Tritenichenko is the main contact.

Attorneys’ Association Gestors provides legal support to PJSC Odessa Oil-Refinery Plant in relation to investigation of criminal cases as to the correctness of importation of petroleum products. The case was led by partner Oleksandr Babich.

The criminal law and procedure department of Dmitrieva & Partners focuses on solving customers’ problems associated with conducting internal corporate investigations, criminal-legal expertise, business projects and business reputation protection. Elena Kostyuchenko heads the department.

In 2014 the Dnepropetrovsk-based Law Firm Dynasty successfully handled protection of private client within a criminal procedure initiated by prosecution bodies in connection with particularly large tax evasion. The practice is led by partners Anna Poddubnaya and Viacheslav Kohlyakov.

Andriy Fedur, partner of Ageyev & Fedur, is known for resonant criminal cases in the last couple of years. He represents the interests of businessman Serhiy Kurchenko, owner of the Vetek Holding.

Oleksandr Plakhotnyk, attorney-at-law of DiFa, is famous for protection of politician Yuliia Tymoshenko. Famed criminal defense practitioner Igor Fomin of Ukrainan Legal Company, who has over 25 years’ experience in criminal cases, is widely referenced for handling technically complex cases. Yaroslav Zeykan, senior partner of Zeykan, Popovych, Golub & Partners, is a luminary in the community of criminal defense attorneys and is highly admired for his scientific contributions. Peers recognize the name of Mykola Siryy, counsel at S.T. Partners.

Oleksandr  ZAVADETSKYI, Advocate. Director at Zavadetskyi Advocates Bureau

Education:

Kharkiv Law Academy and Taras Shevchenko National University. Mr. Zavadetskyi practices law since 1996 and is an advocate since 2001.

Professional experience:

Prior to establishing his law firm Oleksandr gained substantial hands-on experience in the financial and heavy industry sectors, where he has held a number of counsel and managerial positions in top-ranked local and international companies. At that time Oleksandr had managed legal work in a number of high profile projects, such as: acquisition of Dunaferr Metallurgical Mills (Hungary) by Industrial Union of Donbass, the first large business transaction of its type in the EU by a Ukrainian entity; completion of 14 IPOs and private placements in London, Frankfurt, Vienna and Kiev; completion of 15 M&A transactions; management of recovery and restructuring of international banks’ NPL portfolios in the Corporate and Retail sectors to a total size exceeding USD 2.5 billion. Oleksandr’s recent experience includes representing and advising multinational corporations from France, China, the United Kingdom, USA, the Netherlands, Greece, Turkey, Hungary, Poland in litigation, criminal proceedings and regulatory matters.   

 

Practice Areas:

White-Collar Crime, Dispute Resolution, Corporate Finance, Regulatory

 

Languages:

Ukrainian, Russian, English

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:

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 takes part in several high-profile cases involving the State of Ukraine, famous political figures and large business corporations, develops efficient algorithms for protection of property rights and interests of a client, defenses in criminal proceedings, takes part in consulting and carrying out expert evaluations of various commercial projects and analysis of legislation. 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. As consistent with research 50 Leading Law Firms of Ukraine 2014, 2013 Olga Prosyanyuk received an award as the leading litigation lawyer and lawyer of criminal cases. According to the all-Ukrainian independent public rating Attorney of 2013, Olga was among the best five attorneys. In 2013 and 2014 Olga was rated by Ukrainian Law Firms 2013. A Handbook for Foreign Clients as the one of the best in the fields of litigation and criminal law/business crime. In 2011 Olga Prosyanyuk won in The Best Trial Lawyer nomination of Legal Award 2011.

 

Practice Areas:

White-Collar Crime, Litigation, Corporate Law

 

Languages: Ukrainian, Russian, English

Vitaliy SERDYUK , Partner, AVER LEX Attorneys at law. Attorney-at-law, Board Member of the Ukrainian Tax Advisors Association , Coordinator of the Section of attorneys and lawyers of the Ukrainian Bar Association.

Education:

Taras Shevchenko National University of Kyiv (2002), V.M. Koretsky Institute of State and Law of the National Academy of Sciences of Ukraine.

Professional experience:

Vitaliy Serdyuk is one of the few highly qualified experts of criminal cases in the sphere of commercial and corporate activity, in the field of protection of the subjects of entrepreneurial activity and anti-raiding protection of businesses. He has exceptional experience in providing legal support during investigation of criminal cases connected with the seizure of state property in an especially large amount. Mr. Serdyuk was the leader of a working group of the Ukrainian Bar Association dealing with reform of the Criminal Procedural Code. Serdyuk Vitaliy actively ensures the provision of emergency legal defense against unlawful actions on the part of state authorities and third persons within the framework of the Ukrainian Bar Association Hot line, NGO The Bar Council of Ukraine, the Bar Council of Kiev.

As consistent with the research 50 Leading Law Firms of Ukraine 2014, 2013 Vitaliy was awarded as the leading lawyer in criminal cases. According to all-Ukrainian independent public rating Attorney of the year 2013 Vitaliy was among the top 5 attorneys. In 2013 and 2014 Vitaliy was recognized by Ukrainian Law Firms 2013. A Handbook for Foreign Clients as the one of the best in the fields of criminal law/business crime. In 2012 Mr. Serdyuk received an award in The Best Criminal Case Attorney nomination, which was a part of the annual legal prize. In 2010 and 2011 he was among the top 10 associates in the sphere of legal services according to Yuridicheskaya Practika Weekly.

Practice Areas:

White-Collar Crime

 

Languages: Ukrainian, Russian, English