01

White-Collar Crime

Such criminal proceedings are well-known as ‘White-Collar’ cases in which government officials, owners and top management of businesses can be involved. Under the practice, the lawyers defend the Clients’ interest in investigating corruption cases, fraud, illegal monetary transactions, tax evasion, false declaration and other circumstances for financial gain. There are a lot of high-profile, politically motivated cases among them. A foreign element is also possible in these cases, such as applying the extradition procedure, international investigation by Interpol, seizure of assets abroad and imposition of sanctions.

 

Depending on the stage and the nature of the investigation, our team:
  • develops a personalized multi-tier defense strategy, taking into consideration the Client’s position and the available documents
  • formulates a position and develops procedural documents to minimize criminal and legal risks for the Client related to the delivery of the notice of suspicion
  • analyzes the materials of the criminal proceedings with respect to violation of the Client’s rights with subsequent challenging of unlawful decisions made by the prosecution
  • collects counter evidence against the arguments of the investigation and enter them to the criminal case files
  • prepares the staff / relatives for the procedure of search, examination, other investigative actions and provides support during them
  • provides support and oversight of forensic examinations and studies (economic, construction, technical, chemical, DNA, etc.)
  • represents interests in courts of all instances
  • involves Ukrainian and international human rights organizations in monitoring the case
  • if necessary, ensures media activity and coverage of the facts of violation of the Client’s rights, initiates trials on defending honor and dignity, provides support for taking the Client off the national and international wanted lists

02

Appeals of sanctions and asset recovery procedures

The practice of sanctions with subsequent recovery of assets into state income is dynamically changing. At the same time, not only persons who threaten national security can fall under this complex instrument, but also residents of Ukraine who are co-owners or managers of problem assets and whose rights may be violated in this way.

 

Depending on the stage and the nature of the investigation, our team:
  • receiving the documents based on which the Decree of the President of Ukraine was issued, which implemented the relevant decision of the National Security and Defense Council of Ukraine (NSDC)
  • file a complaint with the initiator of the imposition of sanctions and the President of Ukraine with a request to make a proposal to the National Security and Defense Council of Ukraine regarding the cancellation of sanctions
  • file a lawsuit to the Supreme Court with a statement of claim for recognition as illegal and annulment of the relevant Decree of the President of Ukraine and the Decision of the National Security Council of Ukraine regarding the imposition of restrictive measures
  • sending requests to the relevant authorities to obtain and attach to the materials of the proceedings documents confirming the absence of violations that became the basis for the application of sanctions
  • preparation a legal position regarding the impossibility of applying the recovery of the company’s assets, taking into account the current practice of HAAC, in respect of which the state can file a claim for charging assets to state income
  • providing adequate documentary evidence of the absence of sanctions in foreign jurisdictions

03

Protection of business

Businesses and investors are often exposed to external and internal risks in Ukraine. The cases of illegal criminal prosecution by law enforcement and regulatory authorities, upon their own initiative or that of the competitors, attempts at hostile takeover are a regular occurrence. The situations of corporate fraud committed by company associates are widely spread.

 

Depending on the stage and the nature of the investigation, our team:
  • develops a personalized defense strategy, taking into consideration the Client’s position and the available documents
  • forms the body of evidence proving the lawfulness of the client’s actions and enters the information to the criminal case files
  • prepares the owners, top managers and company’s staff for the procedure of search, examination, other investigative actions and provides support during them
  • supports forensic examinations and studies in any area
  • represents interests of owners and top managers in courts of all instances, provides defense in criminal proceedings initiated against a business with the objective of illegal pressure, with a prospect of closure of such proceedings
  • prepares filings, enquires and claims with the specialized public and human rights organizations for the purpose of protecting the rights of the business
  • forms proof, initiates and supports criminal proceedings against individuals, who violate legal interests of the business and its representatives
  • if necessary, involves the media to cover the violation of the rights of the business and its representatives
  • holds training seminars for the staff on communication with the representatives of law enforcement and on the actions and behavior in case of participation in the investigative actions

04

Legal protection of military personnel

Our military servicemen are defending Ukraine 24/7. In fact, representatives of organizations involved in helping military personnel, including lawyers, work in the same mode. We have transformed our team according to our present needs and institutionalized the practice of legal protection of military personnel. This practice is focused on two main areas – legal assistance to servicemen on official matters and legal support for prisoners of war, missing persons and their family members.

The practice is led by Andriana Fozekosh, the team is strengthened by lawyers Vladyslav Ignatyev and Volodymyr Malysh.

 

Depending on the stage and nature of the investigation, our team:
  • consulting military personnel on the legislative regulation of issues related to military service, ensuring the rights and guarantees of military personnel
  • consulting families of missing and captured servicemen on the algorithm of actions aimed at finding and collecting information about missing or captured service members
  • appeals in the interests of military personnel with lawyer’s request, complaints, and other statements on issues related to military service and obtaining information about missing or captured military personnel
  • legal representation of military servicemen and their families in criminal proceedings based on the facts of disappearance or captivity
  • conducts communication with authorized state bodies, institutions, and organizations, including public organizations, on issues of searching for missing persons, ensuring the interests of prisoners of war and their family members

05

Mobilization and Reservation

The numerous changes in legislation regarding mobilization and military registration require appropriate clarification, consultations, and legal assistance to ensure the needs of the front and the protection of the interests of the military liable for military service.

 

DEPENDING ON THE STAGE AND NATURE OF THE SITUATION, OUR TEAM:
  • provides legal support in identifying enterprises and organizations critical to the functioning of the economy;
  • provides legal support for the reservation of employees;
  • offers consultations, oral and written explanations regarding the application of Ukrainian legislation on mobilization and military registration;
  • conducts training seminars/webinars to explain Ukrainian legislation on mobilization and military registration.

06

Litigation

Protection of interests at a trial is necessary for settlement of many corporate, commercial, labor and other kinds of conflicts. The cases of initiation of criminal and civil actions simultaneously for ensuring comprehensive defense are quite frequent in this area.

Most frequently, these are court proceedings on protection of honor and dignity, refutation of false information, compensation for the materials and moral damage, recognition of dismissal as illegal and reinstatement of a person to the position, protection against hostile takeovers, recognition of actions and decisions of public officers as illegal, etc.

 

Depending on the stage and the nature of the conflict, our team:
  • analyzes documents, photos, audio and video recordings, assesses conflict development dynamics, possible actions of the Client’s opponents and risks
  • develops a detailed algorithm for stopping and preventing further violations, and also prosecuting the guilty parties
  • upon the request of the Client, studies the lawfulness of specific situations and prepares a legal opinion for the Client to be able to make a decision about possible option on conflict management
  • represent interests at the pre-trial stage of conflict settlement, which can include: negotiations with the opponents, support in making deals, concluding agreements, additional agreements and other deals, presenting claims, and also filing a claim with the business ombudsman office, anti-hostile takeover commission, etc.
  • analyzes case law, forms body of evidence, prepares procedural documents
  • actively represents Client’s interests at any stage of the trial, defending the legal position that was agreed upon with the Client
  • represents the interests of the Client at the stage of the enforcement of the court judgment with the objective to ensure the utmost effective enforcement proceedings

 

07

Legal Support for E-Declaration

After a long pause, e-declaration has been resumed with certain restrictions for specific categories. Moreover, the declaration procedure has been supplemented with rules that complicate an already complex process. Therefore, as before, the subjects of declaration may deal with negative consequences of declaration checks and risks of accusations of non-compliance with anti-corruption legislation.

 

Depending on the stage and the nature of the investigation, our team:
  • prepares the subject of declaration for submitting the declaration in compliance with the necessary legislative norms;
  • provides support during checks for the timeliness, completeness, and accuracy of the information provided in the declaration;
  • offers legal assistance in forming evidence to strengthen the declarant’s legal position during the verification process;
  • provides pre-trial defense for the declarant in case they are held liable;
  • represents the declarant’s interests in cases related to administrative liability for violations of anti-corruption legislation;
  • represents the declarant’s interests in cases related to criminal liability for violations of anti-corruption legislation.

08

Crypto Asset Recovery

In Ukraine, the crypto market is gaining momentum. Anybody from any country can try e-commerce without relying on cross-border conventions because the nationality or jurisdiction of the players does not matter for the crypto market. However, cryptocurrency owners can often become the object of fraudulent or provocative actions, accompanied by various ways of hiding the traces of their actions and further legalization of illegally obtained assets.

 

Depending on the stage and the nature of unauthorized access, our team:
  • communication with crypto exchanges, national/foreign law enforcement agencies, and other institutions regarding the grounds for blocking/unblocking assets
  • analysis of received documents and development of a defence strategy of the rights and legitimate interests of the client
  • formation of a database of recorded evidence of the legality of the client’s transactions in case of groundless blocking or other illegal activity
  • application of the necessary measures to stop the blocking of assets
  • promote the investigation of the theft or fraudulent acquisition of crypto-assets and the application of measures for their return