Olga Prosyanyuk, Managing partner
Olga Prosyanyuk, managing partner of AVER LEX Attorneys at law, told about key updates in WCC in Ukraine
What do you see as the main points that differentiate AVER LEX from your competitors?
AVER LEX is a leading law firm with the largest team of White-Collar Crime renowned for its defence in complex criminal and litigation cases. Our team consists of 4 partners, which are well-known Ukrainian lawyers, more than 30 attorneys and 10 administrative staff for communications and quality service.
We focused on high-profile criminal cases, anti-corruption and sanctions proceedings, investigations against corporates and military defence.
The main points that differentiate AVER LEX are:
Uncompromising fight for client's interests: due to the non-standard approach and unique defence strategies, we do not fear being in criminal proceedings with unusual occurrences or no similar cases in Ukraine.
Complex cases involving multiple jurisdictions: Our cases often involve numerous parties, parallel investigations, and simultaneous hearings, sometimes in different regions of Ukraine or different countries.
Market-leading and precedent-setting cases: 90% of cases that the firm's attorneys are involved in are unique, often setting precedents for the Ukrainian judiciary and establishing benchmarks for future hearings.
By using creative legal solutions and a strong in-house PR team, we are ready to face illegal pressure on our clients made by both the state and their opponents; we fight for our clients' interests all the way through.
As a firm with a high corporate social response, we provide comprehensive support to Ukrainian military personnel and have the only full-fledged PRO BONO department (15 lawyers) to protect the interests of the military in Ukraine.
We love what we do and accept our responsibility for it. We do not compromise our clients' interests and make sure that the entire process is handled under the law.
Which practices do you see growing in the next 12 months? What are the drivers behind that?
WCC is in high demand in Ukraine and is included among the top three most profitable legal practices. Today, criminal practice is not just growing as an independent direction of legal services. Moreover, the war, provoked by a full-scale Russian invasion, influenced all practices and provoked a development of new directions, for which our team receives many client requests.
It is possible to emphasize separate sub-specializations with specific narrow-focused players and teams of the market:
White-Collar Crimes are committed by officials or specialists with access to financial or corporate resources (for example, business people, (top) managers, accountants, etc.). They usually include financial fraud, money laundering, corporate crime, tax fraud, financial regulatory violations, corporate corruption, etc. Also, politically motivated cases are typical for Ukraine.
Anti-corruption practice is a complex practice that includes developing and implementing anti-corruption policies, the function of compliance, and representing the interests of the subjects of accusations – civil servants in cases connected to anti-corruption investigations or court proceedings. Unique anti-corruption bodies implement executive and judicial functions, such as The National Agency on Corruption Prevention, National Anti-Corruption Bureau, and The High Anti-Corruption Court in Ukraine. Over the five years of its work, the Supreme Court of Justice has already handed down 207 verdicts, of which 21 were acquittals.
Military and War Crimes
Military crimes: lawyers pay much attention to defending Ukrainian service members (cases are referred to the State Bureau of Investigation). They include violations of the statute of the Armed Forces, disciplinary actions, leaving the battlefield, etc.
War crimes are crimes of aggression and genocide, violations of the rules of warfare, torture, violence against women and children, etc. War crimes violate international humanitarian law, such as the Geneva Conventions and the Rome Statute of the International Criminal Court.
Business Crime is a complex practice that involves protecting the interests and assets (crypto-assets) of businesses under criminal or regulatory prosecution. It combines criminal and corporate law and litigation. It also provides for the direction of corporate business security, developing security strategies and policies to protect businesses from internal and external threats.
Appeals of sanctions and collecting state income are complex and include criminal, administrative processes, and judicial representation. A unique feature is the procedure for applying sanctions and their appeal, considering issues related to the collection of state income by the High Anti-Corruption Court of Ukraine, but not by the administrative court when the Ministry of Justice represents the interests of the State. Criminal liability is also expected to be introduced for violating and circumventing sanctions restrictions.
What's the main change you've made in the firm that will benefit clients?
Most situations in criminal proceedings require attorneys to be personally present and promptly react to duly defend the client's interests. Our whole team is in Kyiv, with security measures in place, and we continue to protect our clients' interests.
Because the number of attempts to illegally take over businesses and corporate conflicts is not decreasing, we have developed a training program for clients and their employees regarding investigation proceedings and how to communicate with law enforcement representatives and regulatory bodies. As a result of our training, the employees are more confident in communicating with representatives of respective authorities, which forces law enforcement officers to work using only legal methods.
Under martial law, the relocation of enterprises with all assets, office supplies, and employees with their families has become relevant for many companies. We coordinated and accompanied this process for our existing clients and made valuable recommendations in the public domain that are usable for everyone.
Our clients can also get "Emergency Aid," i.e., service ensuring 24/7 legal aid.
Is technology changing the way you interact with your clients, and the services you can provide them?
As I said earlier, clients expect lawyers to be present in person. This is why using technologies in criminal practice will not have the same effect as in any other practice.
Considering that criminal practice issues will be kept confidential and that we will relocate to different regions of Ukraine and the world, we implemented electronic document management when possible. This method limits the legal professional privilege, but in some cases, it is effective.
In addition, under the current legislation, we contribute to court hearings and some investigative actions (interrogation) online, the development of the involvement of electronic evidence, etc.
Can you give us a practical example of how you have helped a client to add value to their business?
White-collar crime has its own specifics; in particular, one of the main tasks for attorneys is to preserve the business as a whole and subsequently ensure its proper operation. Most common cases of business attacks may include hostile takeovers, fraudulent actions of partners or employees, or interests of state authorities, which may result in companies ceasing to exist or being owned by other persons.
We have been working with Nova Post since 2021. The client group includes Ukrainian and foreign companies, and the company offers a full range of logistics and related services to private clients and businesses. We have successfully defended their rights in criminal proceedings, where the State Consumer Service imposed an unjustified fine of USD 5.1m. We also defended the client's interests during criminal proceedings regarding the explosions of post offices where our client was a victim. In addition, we provide legal support for several cases related to the company's expansion into foreign markets. These projects include dealing with regulatory aspects of international postal exchange facilities and making significant amendments to the existing legislation in Ukraine. Additionally, we arrange legal support for the client's humanitarian activities, including collecting, logistics, and delivering humanitarian cargo.
Another of our clients, a key entity of an international banking group, was groundlessly included in one of Ukraine's sanctions registers. At the same time, the Ukrainian representative office received a warning from the National Bank of Ukraine about a possible disconnection from international payment systems. We prepared the necessary documents and submitted evidence to all relevant state bodies. As a result, all sanction restrictions on the foreign client were lifted, and the Ukrainian office continued to provide banking services to Ukrainians.
Such situations occur every day, so timely legal aid and active response through preparation of numerous submissions to competent authorities, collection of evidence, and publicity are of great importance.
Are clients looking for stability and strategic direction from their law firms - where do you see the firm in three years’ time?
AVER LEX is and will be a leading Ukrainian law firm that provides legal services at the highest international standards. We intend to continue taking on the most complex cases and defending the client's interests through creative solutions. We also plan to continue establishing trust-based partnerships with foreign law and consulting firms by involving them in joint work on multi-jurisdiction cases.