Partners: Volodymyr Vashchenko, Denys Bugay, Oleksandr Lukianenko
Number of partners: 3
Number of lawyers: 11
Languages: English, Russian, Ukrainian
MAIN AREAS OF PRACTICE:
White-Collar Crime/Criminal Law:
■ Protection of interests of USB Bank top managers - suspected of embezzling about USD 100 mln. Development of strategy and plan for judicial protection and their implementation. Protection of suspects during application of measures of restraint, their extension and alteration, as well as representation during investigative actions. Appeal against unlawful actions of investigators, prosecutors and courts;
■ Representation of interest of company's management from transport sector in the criminal case on the fact of appropriation of funds in the implementation of projects for roads' construction on the cost of international financial organizations (USD 83, 5 mln. deal);
■ Representation of managers and owners of the Ukrainian bank in criminal proceedings regarding the suspicion of embezzlement of bank property, which led to its insolvency;
■ Representation of victim’s interests in criminal proceedings on the facts of embezzlement of corporate rights of companies - owners of the land bank one of the largest agricultural holding in Ukraine;
■ Representation of interest of company's management from the electricity sector in the criminal case concerning the purchase of coal from South Africa and the Russian Federation at an inflated price (USD 55, 5 mln. deal);
■ Representaton of the interests of Ukrainian bank’s management and owners in criminal proceedings on misappropriation of funds on a large scale. Gathering evidence in criminal proceedings concerning the legality of bank officials’ actions (expertise, gathering information from public authorities, institutions and individuals on lawyers' request). Providing officials, owners and employees of banks with legal aid during the investigation in abovementioned criminal proceedings.
Key clients: Shareholders of Delta Bank, Bank Khreschatyk, Union Standard Bank, Commercial Bank Premium, Mriya agroholding, British American Tobacco, Indesit, etc.
Contact: Denys Bugay, partner, attorney-at-law
Tel. +38 (044) 581-16-33
Email: [email protected]
■ Representation of interests of KIT Yekaterinburg, shopping mall which belongs to Mallino Development Group - an international holding company specialised in managing commercial real estate, in the trial on debt collection under the surety agreement (USD 1, 25 mln.);
■ Representation of client’s interests in a lawsuit against the PJSC "Rodovid Bank" for the recovery of credit debt amounting to 24.94 million US dollars. A legal dispute concerned the enforcement of debt on foreign currency loan obtained by the client in 2007. Attorneys-at-law have implemented a strategy to neutralise the unsubstantiated claims of the bank. The active procedural position contributed to the consideration of the case in 6 years, including four times in the Supreme Specialised Court of Ukraine. To refute incorrect calculations of the bank an economic expertise was conducted and the statute of limitations was applied. The evidence collected convinced the court that the claim to pay loan principal, interest and penalties was unreasonable. At the same time, no decision was enforced for the whole duration of the proceedings. At the final stage, the practice of the Supreme Specialised Court of Ukraine was analysed and cases of uneven application of the rules were defined. The case was reviewed by the Supreme Court of Ukraine based on our application for judicial review. As a result, a positive decision for the client was received. The total amount of debt was decreased by 22.8 million US dollars. Thus, the amount of penalties amounted only to 8.6%;
■ Representation of the interests of shareholders of PJSC "Commercial Bank" Premium" in the cancellation of the NBU decision to revoke the banking license and liquidate the bank. Due to the legal position, developed by our team, the courts of three instances have satisfied the claim and canceled the decision of the National Bank, as well as the decision of Deposit Guarantee Fund to begin the liquidation procedure. The basis for the liquidation of the bank, according to the NBU approval, was a violation of the legislation on financial monitoring. VB PARTNERS law firm’s team proved in court that in rare cases, bank employees admitted technical errors rather than intentional violations of the law. At the same time, the bank's liquidation is not an adequate sanction for the mistakes of its employees, which do not create risks to depositors and creditors. In turn, the courts upheld the position of the plaintiff and ordered the National Bank and the Fund to return the banking license and the general license to conduct foreign exchange operations, as well as a certificate of the Fund participant. Due to the high quality of the work of VB PARTNERS law firm’s lawyers, shareholders and management of the bank returned the goodwill, which allows them to continue working in banking sector;
■ Representation of company’s interests, member of the group of companies of the investment fund of Prosperity Capital Management in litigation regarding the collection of dividends from the leading electricity producer for 2012 and 2013 in favor of non-residents (USD 0,5 mln.);
■ Representation of Saga Impex LLC in a commercial dispute on supply of household heat convector. The plant supplied the equipment with significant manufacturing defect and the client refused to pay for it. At the same time, the plant had indebtedness for warranty service of convectors in Georgia. The plant brought a debt recovery claim for supplied equipment; and the client brought a claim for recovery warranty service debt and fines for manufacturing defect;
■ Representation of client's interests - the International Clinic of Rehabilitation, with debt settlement before Ukrainian bank. Representation of client’s interests in negotiations with the bank. Development of a plan of debt restructuring, including its partial write-offs. Support of signing the debt restructuring agreement ( USD 10 mln.);
■ Representation of subsidiary of LUKOIL Oil Company, one of the world’s largest oil companies in appeal of tax notice - decision on additional excise tax charge and VAT due to changes in the goods’ code after customs clearance.
Key clients: Prosperity Capital Management, KIT Yekaterinburg, shopping mall that belongs to Mallino Development Group; Zaporizhsky Alyuminievy Kombinat (ZAlK), a major Ukrainian aluminium smelter; Nikolayev Alumina Refinery, a major Ukrainian alumina facility; Saga Impex; Commercial Bank Premium, subsidiaries of LUKOIL Oil Company.
Contact: Volodymyr Vashchenko, partner, attorney-at-law
Tel. +38 (044) 581-16-33
Email: [email protected]
■ Representation of Ukraine Estate Management in administrative process regarding the implementation of changes in the State Fiscal Service of Ukraine’s electronic administration system VAT (USD 2 mln. deal);
■ Representing the interests of Public JSC Zaporizhsky Alyuminievy Kombinat (ZAlK), a major Ukrainian aluminium smelter, in the appeal against the tax notice-decision to reduce negative taxable income in connection with the sale of products below cost;
■ Representing the interests of Nikolaev Alumina Refinery, a major Ukrainian alumina facility, in the appeal against the tax notice-decision to VAT additional charge;
■ Representation the interests of a subsidiary of LUKOIL Oil Company, at the appeal of customs classification decisions on import goods and VAT and excise tax additional charge;
■ Representation of a subsidiary of LUKOIL Oil Company, one of the world’s largest oil companies in appeal of tax notice - decision on additional excise tax charge and VAT due to changes in the goods’ code after customs clearance ( USD 0, 18 mln.);
■ Representation the interests of Indesit Ukraine, a subsidiary of one of the leading international producers of home appliances, in tax dispute on recognition of additional tax liabilities as invalid and cancelation of tax notification-decisions concerning additionally charged corporate profit tax liabilities.
Key clients: Zaporizhsky Alyuminievy Kombinat (ZAlK), a major Ukrainian aluminium smelter; Nikolayev Alumina Refinery, a major Ukrainian alumina facility; subsidiaries of LUKOIL Oil Company.
Contact: Volodymyr Vashchenko, partner, attorney-at-law Tel. +38 (044) 581-16-33
Email: [email protected]