The selection of the firms in the table reflects the research of the editorial staff at Yuridicheskaya Practika Publishing and is based on interviews with market participants. It remains a subjective view and implies no disparagement of any firm not mentioned here but which is nevertheless active in this field.
Oleg Makarov
Vasil Kisil & Partners
Vadym Belyanevich
Vasil Kisil & Partners
Yuriy Petrenko
Spenser & Kauffmann
Igor Kovbasinsky
Grischenko & Partners
Mikhail Ilyashev
Ilyashev & Partners
The selection of the professionals in the table reflects the research of the editorial staff at Yuridicheskaya Practika Publishing and is based on interviews with market participants. It remains a subjective view and implies no disparagement of any professional not mentioned here but who is nevertheless active in this field.
“The year of 2008 in the field of administrative litigation should, taken apart from the political battles over the presidential decree ordering early parliamentary elections, be mostly described for further development of the administrative court network in accordance with the On Judicial System of Ukraine Act of Ukraine and Administrative Proceedings Code and continuing establishment of district and appellate administrative courts,” assumes Vadym Belyanevych, senior counsellor at Vasil Kisil & Partners.“ The main efforts to improve administrative litigation itself were to tackle the problem of jurisdictional separation between administrative and commercial courts (jurisdiction in rem) in cases involving public authorities. Such attempts, nevertheless, were aimed at overcoming the said problem by developing common judicial practice still give none of the desired results. Unless certain amendments are made to procedural laws, it appears that we are fated to obtain contradictory judgments from different court jurisdictions in disputes between individuals (individual entrepreneurs) and the government. It is desirable for MPs to come face to face with such problems in the coming year of 2009.”
Vasil Kisil & Partners has a team of talented and highly skilled litigators, which regularly represents clients in legal disputes with the state and municipal authorities and their officials. In 2008 the firm successfully represented a large Ukrainian pharmaceutical business in a dispute with customs authorities of Ukraine regarding application of tax and customs import privileges; a Ukrainian subsidiary of a global grain trader in a case against the state enforcement service authorities of Ukraine (state bailiffs) regarding enforcement of execution endorsements on the promissory notes of a
The merger of two prominent legal market operators has certainly strengthened the litigation practice in the united firm of Volkov Koziakov & Partners. Performing a remarkable list of tax disputes in 2008, the firm’s lawyers represented the interests of KIY AVIA and Red Bull Ukraine LLC, provided legal counseling to McDonalds Ukraine Ltd. At present, the team of practitioners includes Mykola Podpalov, Viktor Kompaniets, Ihor Martsyn, Olga Galaka and Andrii Bezsmertnyi.
In 2008 Asters’s lawyers worked on a number of outstanding cases, including representation of the interests of LLC Eugene in a Ukrainian court in the case involving the Government of Ukraine, Football Federation of Ukraine, and the Kiev City Council against LLC Eugene regarding demolishing real estate of LLC Eugene with an approximate value of USD 300 million; of LLC Ural as a leaseholder against Kiev City Council regarding defense of its rights in a case where conclusion of the leasing agreement was unreasonably delayed by Kiev City Council; CJSC Krivorozhaglostroy as a creditor of KGOKOR iron ore plant in a dispute regarding a bankruptcy case; of Smart Holding N.
With an active litigation practice, Ilyashev & Partners are recognized for their work in administrative proceedings area. Assisting Antonov ANTK in numerous cases, the recent case was Antonov ANTK versus Control and Audit Service. In addition, the team represented the interests of Nikor in a case of sanction levy. Mikhail Ilyashev, managing partner, and Roman Marchenko, senior partner, are top litigators.
Arzinger & Partners represented the interests of their clients in administrative disputes in connection with appeals against the decisions of the state tax inspectorate authorities regarding additional tax charges (VAT, income tax, etc.) and financial sanctions, as well as appeals against decisions made by the State Customs Service. The clients were companies conducting their businesses in banking, manufacturing and transport. Sergiy Shklyar, partner, is the leading litigator of the office.
Lavrynovych & Partners law firm has an experienced team working with various state authorities. Recently Stanislav Skrypnyk and Andriy Moroz handled an administrative case at the suit of Brovari district Prosecutor office in Kiev Region on invalidation of the decisions approving the transfer of 13.5 hectares of land for leasing to LLC LSI Ltd.
The team of Sergii Iefimov and Olexander Yefimov from Law Firm Paritet has been visible in numerous tax disputes in administrative courts. For example, the lawyers represented AVTOLOGISTIKA Ltd, Westmont Properties Ukraine Ltd, JSC Kiev motor transport enterprise 13061. Other cases include invalidation of a ruling by the tax body, which determined the tax liabilities with VAT in the operation of real estate acquisition; invalidation of a tax body decision, which determined the tax liabilities with VAT in the operation of obtaining marketing services rendered by retail companies; representation of Modul PC in the Lvov administrative appeal court in the case vs.
Jurvneshservice’s litigation administrative practice is very wide. Leading specialists in the tax disputes are partners Anna Tsirat from Kiev office, Alexandr Zenkovsky from the Nikolaev office and Natalia Vdovichenko from the Ternopol office. Dmitry Salatuk and Alexander Ushakov from the Kiev office as well as Vladimir Suk from the Sevastopol office and Natalia Vdovichenko (the Ternopol office) have vast practice of protecting clients in land issues. These disputes are usually complicated ones and provide for several claims to the authorities. Vladimir Suk represented sea officers transferred to the reserve in their relationship with the State Pension Fund as to the necessity to pay extra pensions. Natalia Vdovichenko handled several cases on recognizing as invalid the decisions of local councils.
Inyurpolis law firm, with its head office in Kharkov, is acknowledged in the sphere. Aleksey Kharitonov and Olena Khitrova were active in a land transfer dispute in the Republic of Crimea and represented the interests of OJSC Velton Contruction Company with regard to a claim by the State Tax Administration in Kharkov.
Legal Alliance Company has good experience of handling land disputes. The team worked on an appeal by CJSC Shvydko Ukraine against the Division of Land Resources of Kiev City Council, on the number of procedures concerning land plot sale, etc. In addition, the firm has tax disputes practice. The practitioners are Oleksiy Bezhevets, Denis Vasiliev, Andriy Zelinsky, Elena Mironiuk, Semion Sokol and Eugene Shcheglov.
Pravochin attorneys at law acted in a great variety of disputes, but receive particular praise for achievements in the tax field. The firm represented
Grischenko & Partners successfully completed a representation by Nokia Ukraine against the state tax inspectorate. Igor Kovbasinsky, partner, is particularly skillful in this area of practice.
Advocacy firm Dynasty based in Dnepropetrovsk has experience of handling a case concerning accusations of corruption against an individual, where lawyer Vjacheslav Kohljakov proved the absence of an act of corruption.
KPD Consulting law firm advised a tenant in a dispute with local authorities on cancellation of a land allotment decision; advised and represented in administrative proceedings the Ukrainian subsidiary of a foreign company (entertainment industry) in a dispute with the tax authorities and represented municipal companies in a dispute with the tax authorities. Igor Kalitventsev and Kyrylo Kazak are experienced in this practice area.
The Noerr Stiefenhofer Lutz team is experienced in work and procedures of all branches of national and local governments in Ukraine. Vitaliy Mazur, Leonid Soroka and Tatiana Khrystyuk are the leading lawyers in the firm’s administrative law practice.
Spenser & Kauffmann, Salkom, Gramatskiy & Partners were also named during the poll in this field.