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06. 06. 2024
Improving the Confiscation Mechanism of Ukraine: Analysis of Draft Law No. 11195
On April 22, 2024, the Verkhovna Rada registered the Draft Law “On Amendments to Certain Laws of Ukraine on the Mechanism for Protecting the Property Rights of Third Parties” No. 11195 (hereinafter referred to as “Draft Law 11195”). The draft law proposes to amend the Laws of Ukraine “On Sanctions,” “On the Cabinet of Ministers of Ukraine,” “On Limited Liability and Additional Liability Companies,” and the Administrative...
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05. 05. 2024
Confiscation of Russian Assets and Protection of the Rights of Third Parties: the Practice of the HACC and the ECHR
During the process of blocking and withdrawal of sanctioned Russian assets, many legal problems arise. In the previous material, we considered the issues related to the blocking of assets. In this publication, we want to touch on the issue of protecting the rights of third parties who are co-owners of such assets. The position of HACC (Higher Anti-Corruption Court of Ukraine) in the case regarding the confiscation of Mykhailo Shelkov’s...
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04. 04. 2024
New approach of HACC to the confiscation of assets structured in foreign companies
On January 23, 2024, the High Anti-Corruption Court (HACC) issued a judgment in Case No. 991/8725/23, which imposed a sanction in the form of recovery (confiscation) of assets belonging to Russian oligarch Eduard Khudainatov.  In its lawsuit, the Ministry of Justice claimed, among other things, the recovery of a 49% share in Alliance Holding LLC's authorized capital, which owns the Shell gas station chain, for government revenue. The court...
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12. 03. 2024
Do Legal Entities Bear Criminal Responsibility: Analysis of the Higher Anti-Corruption Court’s Verdict
Businesses must understand that authorized individuals' corrupt actions can destroy a company. On March 4, 2024, the Higher Anti-Corruption Court issued the first verdict imposing criminal law measures on the legal entity in the corruption offense case. Andriana Kulchytska, partner and attorney at "Nazar Kulchytskyy and Partners," analyzed this verdict. We share the content and key facts of the case. This is the first precedent issued almost...
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05. 02. 2024
Confiscation of Sanctioned Persons in Offshore Companies: HACC Practice
It's no secret that most large business assets are owned by companies with complex corporate structures, which makes it difficult to prove the connection between the asset and the ultimate beneficiary. This problem is particularly relevant for assets owned by sanctioned oligarchs in Ukraine.  The practice of the High Anti-Corruption Court of Ukraine (HACC) in confiscating these assets in connection with the application of sanctions clearly...
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