ADVICE AND REPRESENTATION

ZAVADETSKYI ADVOCATES

14 Kruhlouniversytetska Str., office 4, 01024, Kyiv

oleksandr.zavadetskyi@zkadvocates.com

9 Fabryczna Str., office 33, 00-446, Warsaw

+380504169258

+48723695238

oleksandr.zavadetskyi@zkadvocates.com

zk.request@zkadvocates.com

Protecting the Values

We are a Law consultancy, Dispute Resolution, and Advocacy firm founded in Kyiv and acting from Kyiv and Warsaw. In our work, we draw on hands-on experience gained starting from 1996. Since February 2022, we have also focused on assisting Ukrainian businesses to develop in Poland and other EU countries and businesses outside Ukraine to invest in Ukrainian recovery. We have made partnership arrangements with leading lawyers based in Warsaw to facilitate our practice.

The pivot of our practice is in Dispute Resolution, Banking, Corporate Finance, FinTech, and International Trade, though we support our clients in other areas of business and act as generalists where needed.

We have worked for corporate clients from many countries, including large multinational corporations and financial institutions, such as ING Bank, Piraeus Bank, Citigroup, AXA Insurance, ZTE Corporation, British American Tobacco, Readers Digest, OTP Bank, Sisicam Group, Kantar TNS, several leading Ukrainian fintech companies.

We have also helped individuals, residents of Ukraine and other countries (the USA, Canada, the UK, Turkey, China, Saudi Arabia, Israel) on various issues pertaining to business and private matters. There
have also been MPs, Government ministers, and managers of the strategic state enterprises among our clients.

We are traditionally referred to when there is a need to resolve complex situations with various state agencies. We have also gained experience in international sanctions on entities and individuals.

26 Years of Experience

Support to leading multinational and local businesses.

Defining Success

Focused expertise with an international mindset.

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Areas of our expertise

Corporate Finance, M&A, Privatization

  • Due diligence
  • Preparation of businesses for capital raising and debt financing
  • Banking and Finance Regulation
  • Negotiations
  • Deal facilitation
  • Legal documents drafting and execution 
  • Interaction with investors, targets, capital markets agents and state authorities
  • Implementation, monitoring of compliance and post-transaction support

Dispute resolution & Sanctions

  • Administrative Disputes 
  • Commercial Disputes 
  • Civil Disputes 
  • Representation in the European Court of Human Rights
  • Commercial and Investment Arbitration
  • Tort & War Crime Redress 
  • Conflict Risks Control and Risks Mitigation
  • Out-of-court Disputes Settlement
  • US and EU sanctions reconsideration 
  • Sanctions Risks Control and Risks Mitigation

Criminal Law

  • Criminal Defence
  • Representation of complainants, witnesses and other participants in Criminal Procedures
  • Criminal Legal Risks Control and Risks Mitigation
  • White-Collar, Fraud and Corruption Internal Investigations
  • Criminal Law advice
  • Corporate and Civil Fraud Prevention

Regulatory & GR

  • Representation in obtaining of business licenses, permits, and other regulatory approvals
  • Representation in Regulatory Inspections and Audits
  • Regulatory Law Consulting
  • Regulatory Disputes out-of-court settlement
  • Regulatory Risks Control and Risks Mitigation
  • Advice and support in relations with committees of the legislature 
  • Advice and support in relations with the executive branches and regulators

Protecting the Values

Our cases

Our representative cases in 2021-2022:



In the Commercial Court of Cassation, we have won a case for termination of the mortgage that was made in favor of a bank that happened to be located in Crimea, on the territory not controlled by Ukraine because of the Ukrainian-Russian crisis.

State Deposit Guarantee Fund acted as our opponent in this case, who attempted to enforce the debt of a third party against the property of our client. We have obtained judgments in favor of our client in all of the three instances of the commercial courts by proving grounds for termination of the mortgage.

In the Civil court of the first instance, we have won a case on refuting the information published by a news agency. In this case, we defended a journalist, author of the publication. A public person (member of parliament) was our opponent. We have proven that there were no grounds for the refutation of the published information.

In the Administrative court of the first instance, we have won a case for obliging the State Customs Service (the SCS) to repay excessively paid customs duties to our client. We won three more similar cases in 2020-2021, in all instances of the Administrative courts. In the cases considered by the Administrative Court of Cassation, we have also represented our client (a leading global tobacco products producer) in the executive procedures and provided for the factual enforcement of the judgments against the SCS. Multi-million funds were repaid to our client from the state budget.

In the Administrative Court of Cassation, we have won a case for cancellation of the National bank`s decision to disapprove the Chairman of the Supervisory board of the State Savings Bank’s appointment. In this case, we have proven that the National bank incorrectly implements its authority to approve the appointment of the state banks’ managers, wrongly understands concepts of “conflict of interest” and “professional suitability” of banks’ managers. During the cassation review of the case, the court used our arguments to form precedent conclusions regarding the use of the discretional authorities and professional judgment by the National bank. This case has become the third in the series of similar cases that we have won against the National bank. The other cases, related to the disapproval of the Supervisory board members of the State Savings Bank, we have won in the Administrative courts of all instances in January 2021 and December 2020.

In the Administrative Court of Cassation, we have won a case for cancellation of the decisions of the State Customs Service (SCS) for correction (enhancement) of the customs value of imported goods. This success has become thirty-third in the series of similar cases we have had during 2016-2021. In part of these cases, we have obtained final judgments of the court of Cassation. In the other part, the final judgments were obtained in the Administrative Court of Appeals. The SCS had been our opponent in these cases, and we have proven the absence of grounds for rejection by the SCS of the contract value of goods, declared by our clients, as well as the arms-length operations between our clients and sellers of goods.

In general, from 2020 through 2022, we have obtained twenty-six final wins in the Supreme Court and nineteen in the courts of appeals for our clients.

Some cases prior to 2021

We represented shareholders of a telecom company – German and Ukrainian entities and citizens, in a corporate dispute arising from a change of shareholding composition on the levels of German holding and Ukrainian subsidiary. In this case, we have obtained judgments of the civil courts of all instances in favor of our clients, including the Civil Court of Cassation. As a result, our clients increased their shareholding in the company.

We advised individuals regarding the procedure and consequences of OFAC sanctions implementation and the process of cancellation of such sanctions (delisting).

We have provided criminal defense and advice to an international market research and media group during the criminal investigation conducted by the National Police of Ukraine. As, in our opinion, the Police acted in violation of the laws and created an ungrounded obstruction to the client’s activity, we assisted the client in initiating a criminal investigation of the Police’s actions. As a result, the investigation against the client was recognized ungrounded and terminated.

We provided criminal defense and advice to a multinational tobacco goods producer during the criminal investigation of the activity of a Ukrainian monopolistic tobacco products distributor. Within this assignment, we communicated with the investigation authorities, advised the company’s management and personnel on participation in the investigatory actions, and produced procedural documents. As a result, we helped our client to prevent negative consequences.

We represented a leading multinational insurance company in two criminal investigations of multi-million damage events to the insured industrial assets in the Anti-terroristic operations zone (ATO zone). Within these investigations, we have helped prove that the facts are qualified as excluded from the insurance coverage.

We have successfully represented a leading chemicals producer from Turkey in a series of litigation procedures in Ukrainian commercial courts aimed at recovering debts. Also, we have consulted this client in corporate matters of the Ukrainian subsidiaries and assisted in the production of the statutory documents of the companies.

We have provided for tax clearance of the transaction for cross-border transfer of the loan portfolio from the balance sheet of a Ukrainian bank to the balance sheet of a UK bank of an EU banking group. As a result of this work, an official tax clarification has been obtained that allowed favorable conditions for the transaction.

We advised and represented a Canadian citizen imprisoned in Ukraine for a serious crime and criminal investigation against whom raised many questions about its integrity and impartiality. Along with the client, we also advised a US charitable institution that provides help internationally to people in crisis situations. As a result, the client was released from the sentence several years before time and was able to leave Ukraine.

We represented a global insurance group in an investigation of multi-million fraud committed by an insured entity and in the recovery of the damage arising out of it. This case included criminal investigation and litigation in the commercial courts.

We successfully represented a Ukrainian subsidiary of an EU banking group in the litigious recovery of a multi-million loan to a Ukrainian corporate borrower. This case included the recovery of funds and the enforcement of the mortgage.

We represented a leading Chinese provider of telecommunications equipment and network solutions in the criminal investigation of a multi-million corporate fraud committed against the subsidiary company in Ukraine. We provided the client with advice and representation within the criminal procedure where suspects have been identified and the fraud has been thoroughly investigated.

We successfully represented a Ukrainian subsidiary of an EU banking group in the litigious recovery of a multi-million loan to a Ukrainian corporate borrower. The project included recovery of funds and enforcement of several types of collateral – mortgage, guarantees, pledges of inventory and equipment, assignments of rights.

We successfully represented a leading global publishing house and its Ukrainian managers in an alleged tax avoidance criminal procedure in Ukraine on the defense side. We have provided for closure of the criminal case during the pre-court investigation phase.

We advised a Ukrainian subsidiary of an EU banking group in the transaction to restructure a multi-million loan to a large industrial conglomerate. The transaction included due diligence of the debtor’s group of companies, reconstruction of the corporate structure of the debtor, antitrust clearance, transfers of corporate rights and assets, modification of the facility and collateral contracts, and practical implementation of the deal.

We advised investors from Canada and the US regarding divestiture from large commercial projects in retail and immovables. As a result, our clients succeeded in recovering their funds from the problematic projects.

800+

Litigation cases handled. More than 80 % won

18

IPO and private placement transactions completed

12

M&A deals and 5 large privatizations completed

26

Years in consulting and representation

In June 2022 founder of the bureau Oleksandr Zavadetskyi has entered into a cooperation agreement with the Warsaw-based law firm Czabanski & Galuszynski. The established cooperation aims to provide high-quality legal service to Ukrainian entities and individuals seeking relocation of business, assets, or capital to Poland as well as to other jurisdictions of the European Economic Area. Also, this cooperation provides Polish partners with Ukrainian law expertise for handling various matters in Ukraine for clients from other countries.

Protecting the Values

What Our Clients Say

Zavadetskyi Advocates provide quite rear competence where business law intersects with criminal law and procedure. They are good at internal investigations and in representing entities in criminal investigations, in particular, in the recovery of damage through criminal prosecution of fraud.
ZTE Corporation
Zavadetskyi Advocates have been supporting us for almost six years. They proved to be successful in various areas of law, but foremost in the regulatory and dispute resolution matters. In particular, they have won for us fourteen disputes against the State Customs Office in all instances including the Supreme Court, and twenty-three in the Court of Appeals, regarding tens of millions in value
British American Tobacco
Really happy, the services are great-quality”. “Understand criminal law proceedings
Chambers & Partners
Zavadetskyi Advocates provide valuable work. They are experts in various areas of business law, in litigation and criminal procedure
Kantar TNS

Founding partner

Advocate Oleksandr Zavadetskyi is the founder and managing director of the firm. 

He received his Law Diploma from Kyiv National University.

Start of law practice: 1996 

Admitted to the Advocacy: 2001

Main areas of expertise:

  • Corporate Finance
  • Dispute Resolution and Litigation
  • International Sanctions
  • Banking and Finance Regulation
  • Tax
  • International Trade
  • Human Rights
  • Government Relations
  • Criminal Justice
A Zavadetskyi

Numerous IPOs and private placements on AIM, Frankfurt, and Vienna stock exchanges.
Cross-border M&A transactions in various industries (Banking, FMCG, Agri, Food).
Debt and Equity Finance.
Establishment and management of funds and offshore structures.

Numerous large cases, successfully handled in courts of Commercial, Administrative and Civil jurisdiction, in all instances, against debtors and state agencies. A considerable part of the won cases represents the enforcement of banks’ corporate loans, corporate, fiscal regulatory disputes.
Management of recovery and restructuring of the multi-billion NPL portfolios for international banking groups.

Advice to entities and individuals regarding inclusion in, and exclusion from the US, EU, and Ukrainian sanction lists, and associated risks mitigation.

Foundation and setting-up of the Insider Lending Monitoring department of the National Bank of Ukraine. Elaboration and introduction of the methodology for concealed insider lending detection. Management of the top-20 banks’ insider lending diagnostics.

Management of the newly established Qualification Commission of the National Bank of Ukraine. Elaboration and introduction of the methodology for banks’ top-managers fit and proper assessment.

Management of the reorganized Registration and Licensing functions at the National Bank of Ukraine and membership in the Banking Supervision Committee.

Co-operation with the International Monetary Fund and the World Bank regarding fulfillment of the macro-economic finance programs.

Establishment and management of non-performing assets restructuring and recovery departments in international banking groups. 

Structuring and execution of complex financial transactions in project, corporate, trade, and structured finance.

Advice and representation of international and local businesses in the criminal proceedings pertaining to alleged offenses in the area of taxation, anti-trust regulation, money laundering, corruption, fraud, licensing.
Rendering Criminal defense to individuals charged with serious criminal allegations, such as gross fraud, tax evasion, corruption, abuse of office.

Partner

Advocate Artem Sydorov is a contract partner of the firm.

He graduated from the Kyiv University of Law of the National Academy of Sciences.

Start of law practice: 2003 Main areas of expertise:

  • Dispute Resolution and Litigation
  • Contract Law
  • Asset Management
  • Commerce and Trade Law
  • Corporate Law and Securities
A Sydorov

Partner

Advocate Viktoriia Maslova is a contract partner of the firm.

She graduated from the National Law Academy in Kharkiv. 

Start of law practice: 2006

Main areas of expertise:

  • Dispute Resolution and Litigation
  • Contract Law
  • Family Law
  • Labor Law
V Maslova