Projects
On January, 10th, 2012, ILF’s attorneys successfully protected the interests of a large trade company in the Court of Appeals of the City of Kharkiv. The case concerned a dispute with a tax authorities on the cancellation of tax notifications to the sum of 1,5 million hryvnas.
Although the claims of the trade company were completely satisfied in the Court of a first instance, the case was complicated by extremely contradictory legal practice which the defendant referred to.
However, due to the efficient legal position, developed by ILF’s attorneys, the court refused to satisfy the appeal of the tax authority and left the decision in force, adopted by the court of a first instance in favor of the taxpayer. The client’s interests were represented by Dmitriy Lazebniy and Nadegda Ilyashova, managed by ILF’s partner Sergey Silchenko.
ILF’s lawyers presented the interests of a large international furniture company in Commercial Court of Crimea in legal suit with one of the foreign banks.
The case was complicated by the simultaneous examination of complain on the actions of governmental executive service and of Client’s application on extension of the court decision.
Due to effective legal position ILF’s lawyers succeeded in persuasion of the court to satisfy the application on extension, despite an extremely contradictory legal practice about such a category of cases. Furthermore, the Client’s complain on the actions of the governmental executive service was also satisfied, that ensured a full protection of the Client’s rights and interests.
On November 8, 2011, in the Court of Appeal of Kyiv ILF's lawyers have protected the interests of the client – the Deputy of Ukraine – in the litigation concerning protection of honor, dignity and business reputation.
Representatives were: ILF’s Managing partner - Tetyana Gavrysh, partner of the litigation department – Oleksiy Kharitonov, associated partner of the litigation department – Olena Petrova.
The Court of Appeal of Kyiv dismissed the appeal of the journalist and completely supported the decision of Darnitskiy district court of Kyiv, made on July 11, 2011.
The ground of the Deputy of Ukraine to apply for the legal defense was the untrustworthiness of the information set forth in the article.
Due to the successfully chosen case strategy, the ILF’s lawyers protected rights and interests of the client before the courts of the 1st and appeal instances.
According to the results of legal investigation, the court rendered a decision which found the information set forth in the article of the author to be false and denigrating honor and dignity of the client. The court charged the author to refute the false information he had spread by placing the relevant notice in the Internet publication within one month. Moreover, the court charged the author to withdraw the disputed article from web portal within one month.
Since November 8, 2011 the decision of the Darnitskiy district court of Kyiv came into force and is binding.
ILF has successfully defended the interests of one of the largest leading trading companies in the administrative dispute with tax authorities on appealing tax notices on the sum of more than 20 million hrn. in Kyiv District Administrative Court.
Circumstances of the case were complicated with quite controversial legal position. The tax authorities took a fiscal position, which determined the disputed tax notices. In addition, the court practice of this category of cases is equivocal. However, due to profound analysis of the problem, ILF’s attorneys provided the client with a positive result. The Court of first instance satisfied the claim in full.
Thus, due to coordinated and timely actions of the ILF experts in tax law an illegal attempt to increase tax obligations for business entities has been prevented.
ILF represented the interests of a large trade company in an administrative dispute against the Tax Inspectorate as to the appeal against tax notifications on the sum of 1,5 mln. hrn. The circumstances of the case were complicated by quite disputable legal position. Tax authorities occupied a fiscal position, which, as a result, caused the pronouncement of the disputable tax notifications. Besides, there is a different judicial practice on the similar category of cases. Nevertheless, the ILF’s attorneys reached a positive result for their client. The court of first instance satisfied the claims in corpore. Thereby, due to well-organized and timely actions of ILF’s attorneys of Tax Law, another illegal attempt to increase the tax liabilities was prevented.
ILF represented the interests of one of the largest Ukrainian banks in the litigation on invalidation of a credit contract. According to the plaintiff's claims there were severe financial position of the enterprise. The sum of a credit given to a debtor was about 117 mln. hrn.
The procedure of the case was complicated by the existence of proves about the big debit debt at the moment of repayment, that made the court doubt in the legality of the credit repayment.
Due to skillfully built evidential base and well considered tactics of the legal case, ILF’s specialists proved in the court the absence of reasons for satisfaction of a claim; thus, the interests of the bank were protected incorpore.
ILF’s attorneys represented the interests of “PRAVEKS BANK” (one from the “INTEZASANPAOLO” group) on the stage of an enforcement of the decision concerning several big debtors on the territory of Ukraine. Complexities of the cases were connected with the usage of administrative resource by the debtors and systematic attempts to block the actions of the State execution service. Thus, the execution procedures were suspended due to filing a groundless claim about exclusion of property from the distrait by the debtors to the court. Thus, the court decided to satisfy the claim in the form of delaying the execution process. Nevertheless, due to timely actions of ILF’s attorneys this decision was appealed in the Court of Appeal and abolished. ILF’s experts persuaded a board of judges in illegal acceptance of the decision as to the assurance of the claim and in necessity of its abolition.
Thereby the execution process was renewed and the legal interests of the bank were protected in full manner.
ILF represented the interests of one of the Ukrainian banks in the litigation of debt recovery on the ground of a credit contract on the sum of more than 16 mln. hrn,. As a result, the court held the positive decision in a favor of the bank.
The case proceedings were complicated by the debtor’s behavior, i.e. the procrastination of consideration of the case. It required a timely procedural reaction aimed at negative actions prevention. Because of effective teamwork of the ILF’s attorneys, all the attempts of the dishonest debtor were successfully prevented.
ILF has been successfully presented the interests of the Limited Liability Company with foreign investments “Volvo Ukraine” since 2009. In august, 2011, the firm’s attorneys won another case on collection of debt due to the contract on technological service of vehicles. “Volvo Ukraine” claimed to the Commercial Court of Odessa Region. A defendant, motivating the delinquency of debt, referred to unfulfilled repairs by a plaintiff and thus refused to repay the given service. Nevertheless ILF’s attorneys succeeded to prove their client’s full compliance with the contract and law.
ILF’s attorneys represented the interests of a large Ukrainian bank before the Commercial Court of Cherkasskaya region. The case concerned the bankruptcy. A debtor, having necessary property for repayment of credits, illegally initiated the process of bankruptcy. As a result of this, he wanted to avoid the repayment of his liabilities. The complexity of the case was in the fact that the creditor was an affiliated enterprise of the debtor, who was delaying the court’s decision making. Because of successfully built strategy, developed by the ILF’ attorneys, the court agreed on stopping the process of the debtor’s bankruptcy.
On July, 11, 2011, in Darnickiy regional court ILF’s lawyers have successfully protected the interests of the deputy of Ukraine in the litigation concerning protection of honor, dignity and business reputation of the client. Representatives were: ILF’s managing partner - Tetyana Gavrysh, partner of the legal department - Alexey Haritonov and associated partner of the legal department - Olena Petrova.
The court completely satisfied the suit.
A plaintiff disputed the trustworthiness of information, given in the article, in which false information concerning the client was placed.
Due to successfully chosen strategy, ILF’s lawyers have protected rights and interests of the client.
According to the outcomes of the case concerned, the court resolved on false and humiliating information about the client, which was given in the article. The court put an obligation on the author of the article to refute the false information through the placement of the respective notification in the internet during one month. Besides, the court put on the author an obligation to remove the appealed article from the web-portal during one month.
This case is one of the several ILF projects on protection of honor, dignity and business reputation.On 18th of May 2011 ILF’s lawyer Lina Solovey under the supervision of firm’s partner Oleksiy Kharytonov defended the interests of one of the biggest banks in Ukraine. The lawyers secured victory in case that concerned nullifying the credit agreement. This dispute arose on the basis of credit agreement between the Bank and a legal entity. The amount of credit according to the agreement is more than 116 mln gryvnas. The debtor’s appeal against the decision of the court of first instance was rejected by the decision of Kyiv Commercial Court of Appeal.
This case is one of several projects on a debt recovery from the Bank’s debtors.April 27, 2011 Associate partner of ILF Elena Petrova and lawyer Juriy Jakovlev under the supervision of the firm’s Partner Aleksey Kharitonov, protected the interests of one of the biggest banks of Ukraine and secured victory in case that concerned debt recovery of a mortgage property. This debt arose on the basis of a credit agreement between the Bank and a legal entity. During the recovery the sum of debts came to more than 16 mln. UAH. The debtor’s appeal was rejected by the decision of the Kiev Commercial court of Appeal on April 27, 2011. This case is one of several projects on a debt recovery from the Bank’s debtors.
April 20, 2011 the ILF’s lawyers Dmitriy Lazebny and Olga Vykhrystyuk by the supervision of the Partner of the firm Alexey Kharytonov ensured the victory for the client – Limited Liability Company with foreign investments “Volvo Ukraine”. The case concerned a debt recovery under the contract to provide services to repair vehicles . As a result of a successful strategy, chosen by the team of ILF’s lawyers, Kiev Commercial Court recovered from the debtor more than 220 thousand UAH.
Senior attorney with ILF Nikolay Zaytsev under the supervision of the firm's Partner Aleksey Kharytonov acting as the representative of the one of the biggest banks of Ukraine won the case of debt recovery. Attorneys ensured victory in the courts of 1-st and Appeal instances. Kiev Commercial Court held that the debt of more than 61 million UAH must be recovered by a borrower. Due to correctly chosen strategy ILF’s attorneys have supported the decision of Kiev Commercial Court in the court of Appeal. The borrowers claim was rejected.
This case is one among other projects on debt recovery of the Bank.
March 21, 2011 ILF partner Sergiy Silchenko and senior attorney Olena Khitrova successfully defended the interests of the client - the airline company in the Court of Appeal of the Autonomous Republic of Crimea. The subject of the claim concerned non-pecuniary damage caused by the death of passengers in the helicopter crash. The amount of the claim was 500 000 UAH.
After consideration of the case by the court of first instance, the claim was satisfied with the amount of 100 000 UAH. Professionals of ILF began to represent the interests of the company in the appeal procedures. Due to professional experience and effective work ILF’s lawyers had formed a legal position, which took into account the insurance indemnity and other aspects of the case and led to the claim rejection by the Court of Appeal. Thus, ILF successfully defended the interests of the client.
March 15, 2011 leading ILF’s lawyer Elena Khitrova under the supervision of the partner Alexei Kharitonov successfully defended client's interests (Polish insurance company) in the Court of Appeal of Kharkiv region. The case concerned Insurance reimbursement worth over than one million hryvnias. Due to a series of forensic examinations, evidence formation and effective legal position ILF lawyers managed to get a positive result in the case. The Court of Appeal dismissed a lawsuit in a case on the decision of the Kievskiy district court in Kharkiv.
ILF's lawyers under the supervision of partner Alexey Kharitonov, acting as the representative of the one of the biggest banks of Ukraine won the case of debt collection. This debt arose on the basis of the loan agreement between the Bank and the company. At the time of recovery the outstanding amount was more than 370 000 000 grn. The decision was held by Kiev Commercial court of Appeal. This case is one of the projects
ILF’s attorneys Lina Solovey and Yevgeniy Starikov, under the supervision of the senior attorney Anna Gebeleva, representing the interests of one of the leading Ukrainian banks – JSCB “BASIS”, secured its victory in an administrative dispute on recognition of illegal and unlawful actions of the State Executive Service of the Department of Justice in Kharkiv region.
The dispute concerned an execution of the enforcement record on mortgage agreement during the debt collection of the loan. The Court of Appeal dismissed the debtor appeal against the resolution of Kharkiv District Administrative Court on this case.
Recently ILF represents interests of JSCB “BASIS” in several large commercial disputes.
ILF is pleased to announce the completion of legal due diligence for Agroliga Group of Agricultural Companies in connection with the group’s anticipated private placement offering on NewConnect platform of the Warsaw Stock Exchange (WSE). Being the first Ukrainian company to declare the decision to enter the WSE alternative financing and trading platform, Agroliga Group resolved to conduct a comprehensive and objective due diligence procedure to provide detailed and transparent information on enterprises’ activity.
ILF lawyers assessed the agreements and obligations of the group, examined the companies’ involvement in litigation processes, conformed the permission documents for business activities, and their compliance with national and European legislation.
The project was led by ILF senior partner Olena Kibenko. Legal due diligence resulted in a detailed report comprehended by ILF team, which is to be submitted in the overall package of documents provided by Agroliga Group of Companies for private placement offering on NewConnect alternative platform.
ILF has successfully completed a project on development of a legal mechanism enabling orphan centers to set up rehabilitation groups for handicapped children who live in families, as well as mother and baby groups.
The project has been implemented in cooperation with the specialized orphan center ¹ 1 in Kharkiv. According to the effective legislation, such institutions provide rehabilitation to orphan children, and are prohibited to work with handicapped children living in families. At the same time, specialized orphan centers often don’t use their capacity to the full, which can allow of providing medical assistance to not only orphans but also others in need.
Within the project, ILF partner Sergiy Silchenko worked out the Provision on medical and social rehabilitation groups of an orphan center. The team of ILF lawyers under the supervision of Mr. Silchenko has drafted amendments to the foundation documents and other documentation of the institution which will enable its conducting rehabilitation to an expanded number of patients.
The project was supported by the Kharkiv Regional State Administration and Kharkiv Regional Council. This successful experience is also possible to be implemented in other regions of Ukraine.
ILF partner Sergiy Silchenko and senior attorney Olena Petrova have successfully defended the big national producer of power-plant equipment SE plant “Electrotyazhmash” in the Higher Administrative Court of Ukraine in a case involving the plant’s suit against the Specialized State Tax Inspection for Work with Big Taxpayers related to made amendments to the taxpayer’s record card which amounted to about UAH 2 mln.
The proceedings in the case resulted into partial satisfaction of the appeal, reversal of a prior decision of the Kharkiv Administrative Court of Appeal made in favor of the tax body, as well as referral of the case for a new consideration to a court of the first instance.
ILF is defending interests of a Ukrainian telcommunication company Velton.Telecom in a debt collection lawsuit filed against it by another Ukrainian mobile operator Kyivstar GSM.
A decision made by the Economic Court of Kharkiv Region in this case was earlier recalled by the Supreme Economic Court of Ukraine and referred for further consideration.
ILF junior attorney Dmytro Lazebny under the supervision of senior attroney Olena Khytrova will represent the client’s interests in the Economic Court of Kharkiv Region.
ILF acts as legal advisor to the establishment of a private clinic in Kharkiv. The clinic plans to apply innovative technologies never used in the Ukrainian medical practice before, as well as to set up a branch of a specialized higher educational establishment’s department.
ILF attorneys will provide legal support to all stages of the project implementation, including consulting on corporate and intellectual property law issues. The experts will also provide coordination of the clinic’s collaboration with national and foreign medical universities.
ILF attorneys Olena Kolesnichenko and Anton Zinchuk are engaged in the project led by the firm’s partners Olena Kibenko and Sergiy Silchenko.
ILF attorneys have secured a court victory for a big bank which will receive UAH 29 mln as a debt recovery. The litigation turned out to be long-running and complicated since the debtor tried to annul the loan agreements and agency contracts, disputing and delaying proceedings in the case. Consequently, besides the main case, the firm’s advisors handled three more cases on invalidation and termination of the agreements.
ILF team representing the bank’s interests in the court was led by partner Oleksiy Kharytonov and included attorneys Olena Khytrova, Anna Gebeleva, and Dmytro Lazebny.
ILF has been appointed a legal advisor to Agroliga Group of Agricultural Companies in connection with the group’s anticipated private placement offering on NewConnect, an alternative financing and trading platform of the Warsaw Stock Exchange (WSE).
Agroliga Group is the first medium-sized Ukrainian company which declared the decision to debut on NewConnect platform through sale of non-control equity interest and stepped into the pre-offering stage. The listing is scheduled for the third quarter of 2010. The proceeds of the offering will be invested into development and launch of the second phase of the company’s sunflower seed processing plant. The group’s roadshow is scheduled to take place in May-June 2010 in Poland.
ILF will perform a full-blown due diligence of Agroliga Group, advise on structuring of the holding company, as well as will provide legal support while the group's listing on the NewConnect platform. The due diligence report will be finalized by April 2010.
ILF won advisory role to the Institute for Single Crystals State Scientific Institution of the National Academy of Sciences in Ukraine, the country’s powerful scientific center of functional materials development, in its new project on government purchases. In particular, the firm’s lawyers provide legal support in planning and implementing efficient purchase schemes. The work on the project is led by ILF partner Sergiy Silchenko.
ILF conducted due diligence and supported the contract of sale of a Ukrainian travel agency. The firm represented the buyer’s interests. At the present time, the system of the company management is being structured.
The contract was supported by the ILF lawyer Elena Kolesnichenko and under the guidance of the ILF senior partner Olena Kibenko.
The project is implemented jointly with a specialized children’s home number 1. According to the information of Roman Marabyan - the head doctor of the establishment, according to Ukrainian law such institutions doesn’t imply the possibility of working with handicapped children, who are in families. At the same time, specialized children's homes are not always packed, even on two-thirds. Specialized children's homes are under the command of the Ministry of Health. At this moment there is a letter from the office, which is about the principle consent to create groups of rehabilitation for children in families with health problems on the basis of children's homes. The creation of rehabilitation groups should be placed for consideration at the December session of the Kharkiv Regional Council.
The resolution of the dispute in favour of a bank under the claim about debt recovery under the credit at the rate about 8 000 000 UAH is finished at Commercial court of Kharkiv region. The Decision about the recovery is valid.
Bank’s interests in the litigation were represented by the attorney of the firm Zhebeleva Anna.
Haritonov Alexey supervised this project.
The attorneys of Litigation practice in the name of LLC “Volvo-Ukraine” perform the row of measures throughout Ukraine, directed on recovery and return of an amount of debts for rendered services and executed works in repair of trucks of VOLVO from more than 35 debtors. On the majority of such cases Commercial Courts’ Decisions on recovery of an amount of debt, penalty fees and inflationary fees were already taken.
Row of measures directed on organization and conducting by Government Executive Office of a public bidding on sale of the real estate on account of credit debt repayment were held by the attorneys of Litigation practice ILF under the direction of Oleksiy Kharitonov.
Senior attorney of Litigation practice ILF Olena Khytrova represented interests of Deputy Governor of Kharkiv region Storogenko S.M. in a case on protection of honour, dignity and business reputation. Under the Decision of Kyiv district Court of the city of Kharkiv from October 13, 2009 the claim was rejected.
ILF attorneys represented interests of Sevastopol municipal State Administration in a case on lawsuit of a private person on adjudgment of illegal inactivity on the non consideration of his application about transfering into the ownership of 4,8 hectare land area, located in Sevastopol, and also about the obligation of Sevastopol municipal state Administration to adopt the application of the grant into ownership of land area , to form the package of documents, to prepare the conclusion and to present it to Sevastopol City Council.
Senior attorney Olena Khytrova, the attorney Anna Gebeleva developed a legal strategy for this case.
Kharkiv county administrative Court has rejected the claim, by its Regulation from November 11, 2007, and the claim was kept without changes under the Decision of Kharkiv Administrative Court of Appeal from July 31, 2009 and the Regulation of Supreme Administrative Court from October 28, 2009.
ILF attorneys represented Institute’s interests in a Case on lawsuit of Pharmaceutical Company Open Joint Stock Company «Farmak» on disclaimer of inadequate information about drug of generic origin “Epovitan” and about the recovery of 6,5 thousand $ of moral damages.
The firm’s partner Oleksiy Kharytonov, senior attorney Olena Khytrova developed a legal strategy and represented clients’ interests in a court. Under Commercial Court’ decision the claim was rejected and kept without changes under the Decision of Kyiv Commercial Court of Appeal, 15 April, 2009, under the Decision of Supreme Commercial Court, 14 July, 2009.
ILF represented interests of a Large Ukrainian bank in several lawsuits on debt recovery filed against the Co Ltd “M”. General indebtedness was 16.5 million USD.
The firm attorneys Olena Khytrova, Anna Gebeleva and Dmitriy Lazebny represented bank’s interests in the courts of different instances and held executive actions on this matter. This project was held under supervision of Oleksiy Kharytonov who is a partner with the firm's litigation practice.
ILF attorneys have developed a complex strategy on settlement of such disputes that helped them to attain full repayment of the indebtedness.
ILF partner Sergiy Silchenko represented the National University of Pharmacy in the court of first instance. The points of this case were reinstatement in work of a person, dismissed from the position of dean due to the fact of University reorganization, and payment of the forced truancy compensation. The lawsuit had been lasting for the year and a half. The court accepted the defendant’s arguments and adjudged legal and objective decision. According to the court decision the plaintiff’s claims was dismissed.
Partner with INYURPOLIS real estate practice, Yaroslava Onika, and other attorneys of the firm finalized the documents that confirmed the right of MTS to use land plots in the Kharkiv Region for installation of mobile communication base stations.
Managing partner with INYURPOLIS, Tetyana Gavrysh, was appointed as a member of the committee established to work on the program for reconstruction of the cultural heritage monuments in the Kharkiv Region. Among others, the following famous monuments were covered by the program: Castle "Sharivka", Castle "Staromerchenskyi", landscape monument "Nataliivsyi". INYURPOLIS attorneys under the supervision of Mrs. Gavrysh developed possible schemes for attracting private investments into the reconstruction of the monuments and development of the adjacent territories (creation of infrastructure for international tourism).
INYURPOLIS attorneys prepared the legal schemes for perfection (registration) of a title to use subsoil for mining operations by quarrying on the territory of Barvinkivskyi District in the Kharkiv Region (total area of the plot is 15 hectares). The project is supervised by INYURPOLIS partner Yaroslava Onika.
INYURPOLIS real estate partner Yaroslava Onika and the firm's attorney Mykola Kutsekon designed a scheme to change the purpose designation (zoning) of a forest land plot on which a sport camp is located. The total area of the plot is 5 hectares.
In June of 2008 a group of INYURPOLIS attorneys under the supervision of Yaroslava Onika, who is a partner with INYURPOLIS real estate practice, provided legal support with perfection (registration) of a title to a non-residential facility the total area of which is 15,000 square meters The total cost of the facility is approximately USD 6 million.
INYURPOLIS attorneys Olena Kibenko, Iryna Selivanova, Yaroslava Onika, Mykola Kutsekon, and Akop Vardanyan were appointed to a workgroup to finalize the new version of the Air Code of Ukraine. The presented draft contains provisions that introduce fundamentally new approaches to the regulation of air transportation.
INYURPOLIS attorneys represented a Ukrainian debtor during the preparation of a loan agreement with a Czech bank for the loan amount of 15 million Euros.
