Dispute Resolution

• Representing the interests of Hongyang Metal Industry at the commercial courts in land disputes with the prosecutor.
• Representing Shell in Ukrainian courts in a series of cases initiated by Ukrainian claimants seeking invalidation of decisions of local municipalities approving the Product Sharing Agreement between Shell and the Government of Ukraine, and invalidation of the Product Sharing Agreement itself. The PSA covers the first shale gas exploration and production project in Ukraine with estimate investment by Shell of USD 400 million at the first stage.
• Acting as Ukrainian law expert for Ferrexpо in a case it brought at the High Court of Justice in London against a number of UK-domiciled companies with regard to a dispute over the 40% stake in Ferrexpo’s Ukrainian subsidiary controlling its main Ukrainian assets, the world’s largest iron ore mining site.

Labour and Employment

• Providing Barclays Hong Kong with the overview of powers of Ukrainian authorities to access certain types of client data.
• Representing BASF in a labour dispute with its former employee claiming for severance payment and moral damages.
• Advising an International banking Group on privacy compliance, including transfer of personal data to EU and the CIS, use customers’ personal data and banking secret, overview of data controller’s obligation and its interaction with data processor.

PPP, Infrastructure

• Together with Mott MacDonald Limited advised Ukrautodor (Ukrainian State Road Agency) on all matters of starting-up a road construction project on PPP principles, including feasibility study, drafting tender procedure and concession agreement. Moreover, elaborated several draft governmental regulations and advised on amendments to laws aimed and project facilitation.
• Acting as a sole legal counsel to Dogus Insaat in a project of water-cleaning facilities reconstruction on the Left Bank in Zaporozhye, representing the general contractor in signing the general contract for works with municipal entities and its performance.

Real Estate and Construction

• Acting as a local legal advisor for the developer Seven Hills in the construction of five multistory residential houses as well as offices, retail, parking and other public and service premises.
• Advising DuPont Pioneer on construction of seed production facility in Ukraine acting as a sole legal advisor on the project and represent the client in all matters.

Intellectual Property

• Advising Parexel on matters of personal data protection and internet data capturing.
• Advising a subsidiary of world leader of Web-search resources on data protection audit conducted by Ukrainian Data Protection Authority.
• Advising a world-known Internet search and advertising services provider on potential defamation claim filled by former member of government regarding storage of video containing offensive statements.

Agribusiness

• Acting as legal advisor on the project and representing Alpcot Agro AB in legal matters, covering comprehensive due diligence of PKM Duda’s Ukrainian target agricultural assets, structuring the transaction, drafting the framework agreement and respective assets transfer agreements as well as other project related documents and advising on various land and regulatory procedures.
• Advising Danone on unfair competition, obtaining the merger clearance from the Antimonopoly Committee of Ukraine in the process of acquiring Rodych Milk Plant, CJSC (Kherson, Ukraine) and Numico Group – the world’s leading producer of baby food and special medical nutrition.
• Advising Ramburs Ukraine regarding a joint project (a number of joint ventures) with TrigonAgri Group (Denmark/Estonia), including all issues in the course of M&A transaction, as well as corporate governance issues in terms of joint ventures in the agricultural (grain-trading) business in foreign jurisdictions.
• Acted as Ukrainian legal advisor for Alpcot Agro and have conducted comprehensive legal due diligence of Landkom’s Ukrainian companies (5 major operating Ukrainian subsidiaries) and their agricultural assets, as well as has advised Alpcot on various transactional issues, including merger clearance, land regulations in Ukraine, etc.

Banking and Finance

• Acting as a legal adviser to EBRD on the Ukrainian law matters with regard to the project, including drafting of the transaction documents and issuance of the legal opinion for EBRD.
• Acting as a local legal counsel to Standard Chartered Bank (UK) on the Ukrainian law matters of the transaction, including advising on corporate, employment, regulatory, compliance and banking secrecy issues. Providing the client with the post -transactional support and advising on the integration matters.
• Acting as a legal advisor to the major bank in Ukraine on online microlending project launch.

Energy and Natural Resources

• Advising Hubei Changyang Hongxin Industrial Group on all transactional matters with respect to acquiring shares in the Ukrainian company.
• Representing a Ukrainian energy company in an “ad hoc” arbitration under the UNICITRAL rules of 1976 regarding the state violating its obligations under the Energy Charter Treaty and the international agreement on investment protection and recovery of damages in the amount of USD 70 million.
• Legal analysis of a draft agreement between a Norwegian drilling company and several foreign mining companies for rent of a drilling rig and performance of drilling works on the continental shelf of the Black Sea.

Tax

• Representing Ukrainian construction company managed by a leading asset manager specialising in Eastern Europe and China in a dispute with tax authorities regarding accountability of about USD 7 million tax losses sustained prior to 01 January 2011. The dispute was successfully resolved in favor of the client.
• Representing Ukrainian subsidiary of a leading international IT company in a dispute with tax authorities regarding no-VAT regime for the consulting services to non-residents. The tax authorities denied application by the client of no VAT to the services being rendered to non-residents and charged the client with VAT of about USD 20 million.
• Representing member of the global group of energy and petrochemicals companies in a dispute regarding taxation of the Joint Activities Agreement concluded between the client and Ukrgazvydobuvannya, the Affiliated Company of the National Joint Stock Company Naftogaz of Ukraine. The case was successfully resolved in favor of the client.>

Telecommunication, Media and Technology

• Advising Syniverse on merger clearance of MACH acquisition and acted for the clients before the Antimonopoly Committee of Ukraine in the process of in-depth investigation of the case on concentration.
• Acting as the main advisor to UMH Group in the print media, radio and Internet sector one of the largest domestic transactions on the sale of 99.9% stake in the media holding, including full transactional support (deal structuring, preparation of relevant documents, supporting the purchase of portfolio investors’ shares, etc.).
• Advising a subsidiary of world leader of Web-search resources on personal data protection issues related to Internet contest.

SPECIALTIES:

• Agribusiness

VKP provides legal support to large Ukrainian companies and international corporations doing business in Ukraine. Our team consists of leading experts and practitioners in the area of land, corporate and contract law. We also engage colleagues who practice tax, intellectual property, and labor law, which allows us to provide a comprehensive service to clients whose business is related to the agriculture and the food industry.The firm is a member of the Grain and Feed Trade Association (GAFTA) and is an official legal partner of the Association Ukrainian Agribusiness Club UCAB.

• Energy and Natural Resources

Our lawyers of Energy and Natural Resources practice provide legal counselling on all aspects of oil, gas and electricity industries. We consistently provide high standard complex client service in energy assets transactions, survey, exploration and industrial development of mineral deposits, use of natural resources, project implementation under the framework of Kyoto protocol.Our attorneys offer comprehensive legal advice to solve complicated issues in the field of privatization, financing, judicial and extrajudicial investment protection, compliance with environmental legislation, etc.

• Public Private Partnership, Concessions & Infrastructure

Our dedicated Public Private Partnership, Concessions & Infrastructure lawyers participate in drafting and developing the necessary legislation that needs to be adopted and amended to provide a solid foundation for the further development of Ukraine’s infrastructure as well as move forward with many important projects.We have advised various Governmental institutions as well as private clients in public tenders, property finance and leasing, concession of public assets and services, drafting and negotiating public private partnerships (PPP) & concession agreements, feasibility studies, regulatory issues, royalties and tariffs. Our team has broad expertise covering complex transactions such as motorway and road projects, power sector projects and mining transactions.

• Telecommunication, Media and Technology

Attorneys of our integrated cross-practice TMT team provide commercially-oriented advice based on the expert knowledge of industry specifics and extensive involvement in telecoms, media and IT projects.Our experience in this sphere includes transactional and regulatory matters with respect to television and radio broadcasting, fixed line, mobile and satellite services, wireless cable, fiber-optic cable systems, the Internet and e-commerce. We also provide our clients with legal support in related areas, such as intellectual property, as well as represent clients in disputes arising in telecommunications, media and IT industries.We have acted for some of the largest domestic broadcasting companies, telecommunications operators and service providers, equipment manufacturers, software manufacturers, internet and e-commerce companies as well as investors, underwriters, financial advisers and lenders in these industries.

• Anti-Corruption and White Collar Crime

We offer our clients a full range of high quality legal services in the field of criminal law. The firm’s attorneys specialize in matters relating to the white-collar crime category, which include economic and financially motivated nonviolent crimes committed by business and government professionals.We have significant experience in representing companies / senior managers in public audits, as well as protecting the interests of clients in courts in cases involving state control in the sphere of business.

• Arbitration

VKP is a Chambers Europe 2016 first tier firm in dispute resolution. More specifically, our arbitration expertise was developed during the 20 years of our dispute resolution practice by developing a complete understanding of the local and international environment, as well as strong practical skills combined with solid theoretical background, which allows us to develop innovative strategies and provide efficient solutions in the most complex and challenging matters.