Beruflich Dokumente
Kultur Dokumente
Assets Tracing
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
40
www.ukrainianlawfirms.com
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
PRO
lodged by Italy-Ukraine Gas s.p.a.
against NJSC Naftogaz of Ukraine on
the grounds that the Italian notary
principals 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 companys 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
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
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.
41
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 peoples
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
Integrites
Denys Ovcharov,
ARBITRADE
Denys Statnikov,
Statnikov & Partners
-
WHO
IS
WHO
AUTHORITIES
Yaroslav Zeykan
(Zeykan, Popovych, Holub & Partners)
LEADING INDIVIDUALS
Volodymyr Bogatyr
(Bogatyr & Partners)
Denys Bugay
(VB PARTNERS)
Igor Fomin
(Fomin & Partners)
Trytenichenko
Shulga
Sergiy Grebenyuk
(Egorov Puginsky Afanasiev
& Partners Ukraine)
Pavlo
Andriy
Denys Ovcharov
(Juscutum Attorneys Association)
Olga Prosyanyuk
(AVER LEX)
Evgeniy Solodko,
Solodko & Partners, is widely
-
Vitaliy Serdyuk
(AVER LEX)
KM Partners
Angelika Sitsko
(GOLAW)
Evgeniy Solodko
(Solodko & Partners)
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Volodymyr BOGATYR
Education:
Professional experience:
PRACTICE AREAS:
White Collar Criminal
LANGUAGES:
www.ukrainianlawfirms.com
| 189 |
WHO
IS
WHO
Litigation
Olga
Vorozhbyt,
CMS
Cameron
McKenna
In recent years bankruptcyrelated disputes of high magnitude have hit the market.
This is no surprise since even
though Ukraines economy
shows a slight sign of gearing
Litigation
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
and Credit, Delta and
Khreshchatyk are just a
few examples of high street
-
Mikhail Ilyashev
Roman Marchenko
Oleg Alyoshin
Oksana Voynarovska
disputes. Oleg Makarov
Vadym Belyanevych another litiAndriy Stelmashchuk
FCLEX
Sayenko Kharenko
Serhiy Verlanov
Viktor Barsuk
Oleg Malinevskiy
Tatyana Slipachuk
Olexander Droug,
| 214 |
Sergey Pogrebnoy
gey Smirnov
.
Ser-
Integrites
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 Denmarks 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 investors 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
worlds 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)
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
www.ukrainianlawfirms.com
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
| 215 |
WHO
IS
WHO
Litigation
De-
nys Bugay
Oleksiy
Didkovskiy Svitlana Chepurna and Tamara
Lukanina are leading partners.
Kinstellar
Arzinger
-
AEQUO
Siusel
VB PARTNERS
Olga
PROSYANYUK
Education:
Professional experience:
PRACTICE AREAS:
White-Collar Crime,
LANGUAGES:
| 216 |
www.ukrainianlawfirms.com
Litigation
WHO
IS
WHO
Kharitonov
Andriy Kristenko leads the
Andrey Kolupaev
-
partner.
Stanislav Skrypnyck
litigator.
ARBITRADE
Olga
Vorozhbyt
Andriy
Savchuk also heads the dispute resolution
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Volodymyr BOGATYR
Education:
Professional experience:
Volodymyr Bogatyr acts for clients in complex, fact-heavy and high value cross-border
PRACTICE AREAS:
White Collar Criminal
Intelligence, Global
LANGUAGES:
www.ukrainianlawfirms.com
| 217 |