26 June 2024

AVER LEX attorneys obtained a final court decision of the HACC, representing the interests of third parties in sanctions cases

client request

Step by step, the practice of protecting the interests of third parties in sanctions cases is being formed.

The Appellate Chamber of the High Anti-Corruption Court upheld the first-instance court decision that refused to recover a third party’s assets. This decision is final and cannot be appealed!

The Court of Appeal satisfied the Ministry of Justice of Ukraine’s claims regarding the recovery of the defendants’ property while rejecting the claims regarding assets belonging to a Ukrainian citizen, a client of the bar association. At the stage of the appeal, the issues of the presence or absence of control and the same right of disposal, specifically regarding specific assets, were examined.

The resulting result

‘Confirmation of the legal position of third parties regarding dismissing the claims of the Ministry of Justice at the first and second instance stages is the first case in this category of cases. Such court decisions give grounds to talk about the practical implementation of the mechanism of cleansing through the sanctions process for the property of third parties, which could be in doubt as to whether the sanctioned persons have control over them’, said partner Volodymyr Yenich.

The client’s interests were represented by a team of litigation and criminal attorneys, as sanctions proceedings involve a significant amount of evidence generated by law enforcement agencies. Ivan Osokolkov, Alina Lazarenko, Kateryna Pugach, and Daryna Artymovets provided the defence under the supervision of partner Volodymyr Yenich

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Third-party interests were represented by Partner Volodymyr Yenich and attorneys Ivan Osokolkov, Alina Lazarenko, Kateryna Pugach, and Daryna Artymovets

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