Category: Ukraine

Aequo has advised Onit on the acquisition of Axdraft, a Y Combinator-backed document automation company.

Aequo described Onit as a “provider of enterprise workflow automation and AI solutions including enterprise legal management, contract lifecycle management, and business process automation.” According to the firm, Axdraft, which was founded in Kyiv in 2017, “helps corporate legal departments draft legal documents ten times faster and complete contracts like nondisclosure agreements and service agreements in less than five minutes.”

Aequo’s team included Partner Anna Babych, Lawyer Mykyta Polatayko, Counsel Michael Lukashenko, and Associates Mariia Derechina, Yelyzaveta Shram, and Anna Yarega.

SDM Partners has successfully represented the interests of Wrigley Ukraine, part of the Mars Group, in a tax dispute valued at UAH 28 million.

According to SDM Partners, “the tax authorities did not recognize [an overpayment of advance income tax], and as a result, Wrigley Ukraine incurred a tax debt that the tax authorities [required it] to pay. Wrigley Ukraine was forced to go to court to oblige the tax authorities to recognize the overpayment, as well as to appeal against numerous illegal claims for tax debt.” According to the firm, after “many years of work … the legitimacy of the position of the foreign investor was confirmed by all levels of the judiciary, and the court decisions were actually enforced.”

The SDM Partners team included Managing Partner Dmytro Syrota and Partners Mykola Melnyk and Serhiy Dzis.

Ilyashev & Partners has successfully represented China’s J.S. Corrugating Machinery Co., Ltd. in its request that Ukraine’s Supreme Court enforce an arbitral award issued on its behalf by the China International Economic and Trade Arbitration Commission for the recovery of over USD 5 million from Ukrainian debtor South Cardboard LLC.

Ilyashev & Partners describes J.S. Corrugating Machinery Co. as “one of the largest China-based manufacturers of packaging machines.” According to the firm, “the company has 27 sales offices, 18 branches, and 38 service stations worldwide, including subsidiaries in Istanbul, Moscow, New Delhi, and Ho Chi Minh City.”

According to Ilyashev & Partners, the debt arose as a result of a breach by the Ukrainian company of its obligations under an equipment supply contract concluded in 2012. According to the firm, on December 10, 2020, “the Supreme Court “satisfied in full the foreign manufacturer’s application for the recognition and enforcement of the arbitral award, and also confirmed the lawfulness of recovery of 100% of the client’s legal costs from the debtor.”

Ilyashev & Partners’ team was supervised by Senior Partner Roman Marchenko and included Counsel Andrey Bychkov, Attorney at Law Oleksandr Denysenko, and Lawyer Oleh Kulyk. 

Avellum has helped LVN Limited obtain clearance from the Antimonopoly Committee of Ukraine for the privatization of a part of assets of Ukrspyrt – Ukraine’s state-owned producer of alcohol and liquor.

According to Avellum, “the AMCU’s decision has become the first merger control clearance in the course of privatization of alcohol production facilities.” The firm reported that “the privatization took place within the framework of the reform and development program of the alcohol industry for 2020-2023, approved by the Cabinet of Ministers of Ukraine.”

Mykola Stetsenko, Managing Partner of Avellum, described the deal as, “a landmark transaction for the industry as a whole and the first successful privatization case in the course of the demonopolization of the alcohol industry and privatization of other Ukrspyrt’s facilities.”

LVN Limited is part of the Nemiroff Group – a Ukrainian vodka producer. Nemiroff’s products are sold in more than 80 countries and account for approximately 40% of vodka beverages exported from Ukraine. According to Nemiroff CEO Yuriy Sorochinskiy, “following the acquisition of the facility, Nemiroff will prioritize the gradual introduction of modern production technologies, increasing efficiency and improving the quality of alcohol.” 

Avellum’s team consisted of Managing Partner Mykola Stetsenko, Counsel Mykyta Nota, Senior Associate Anton Arkhypov, and Associates Valeriia Lepska and Yelyzaveta Kashyna.

Everlegal has advised Novopecherska School on a EUR 10 million loan agreement with the Black Sea Trade and Development Bank for the construction of a school in the UNIT.City innovation park. Bryan Cave Leighton Paisner’s London office and Asters advised BSTDB on the deal.

According to Everlegal, the agreement will allow the school to increase the number of students from 500 to 1,200 and provide them modern studying conditions.

Everlegal’s team was led by Partner Andriy Olenyuk and included Lawyers Olha Horodniuk, Vasylyna Belo, and Ivan Sova.

Asters’ team included Partner Iryna Pokanay, Counsels Gabriel Aslanian and Anzhelika Livitska, and Associates Inna Bondarenko and Viktoria Zagreba. 

Sayenko Kharenko has opened an office in Strasbourg to, in its words, “fully ensure the protection of the rights and interests of the firm’s clients in the European Court of Human Rights right before Human Rights Day.”

According to Sayenko Kharenko, the firm’s presence in Strasbourg “and direct access to the ECHR will enable our white-collar criminal defense and litigation practices to help our clients much more quickly in situations where every minute counts or when our courts and law enforcement agencies are unable to ensure a fair hearing.”

The new office will be headed by Partner Oleksandr Ovchynnykov – a French lawyer of Ukrainian origin with experience in the ECHR.

“The ECHR can often literally be the last instance where one can defend their rights,” commented Partner Yevgeniy Solodko. “The opening of the Sayenko Kharenko office in Strasbourg is a step in the implementation of our long-term strategy. We have been preparing for this for a long time, and I am glad that the global economic crisis and global financial stagnation did not stop us from implementing our plan.”

Asters has advised the European Bank for Reconstruction and Development on its issuance of a loan to Ukraine’s Enzym yeast manufacturer.

According to Asters, “the loan in the amount of up to EUR 10 million (of which EUR 3 million will be co-financed by TaiwanICDF) will support Enzym’s strategy to expand its product range.” The firm reported that the investment program includes construction of the new production facilities for yeast-based products, expansion of the fermentation capacities, and construction of water treatment facilities.

Just last month, Asters advised also helped EBRD provide a loan to Kormotech (as reported by CEE Legal Matters on November 19, 2020).

Since the start of its operations in the country in 1993, EBRD reports having made a cumulative commitment of more than EUR 15 billion through 466 projects in Ukraine.

The Asters team consisted of Partner Iryna Pokanay, Counsel Gabriel Aslanian, and Associates Inna Bondarenko and Viktoria Zagreba.

Integrites has advised JSB Ukrgasbank on a EUR 50 million deal with UFuture to finance its UNIT.City project in Ukraine. Everlegal advised UFuture on the deal.

According to Integrites, “the project includes the design, renovation, and construction of new campuses in UNIT.City, a part of the holding company UFuture.” The firm stated that “construction of new campuses for UNIT.City, with a total area of 70,000 square meters, will generate 549 full-time and 2,400 temporary jobs and indirectly support 15,000 jobs in resident companies.” The project is scheduled to be completed by 2023.

Integrites’ team included Partner Igor Krasovskiy, Senior Associates Olena Savchuk and Yuriy Korchev, and Associate Yuliya Tsekhmestruk.

Everlegal’s team consisted of Partner Andriy Olenyuk and Lawyers Olha Horodniuk, Vasylyna Belo, and Lidiia Vatutina.

Aequo has advised Dragon Capital on the acquisition of Industrial Park Ryasne-2 from European industrial park developer CTP. KPMG Legal Ukraine advised CTP on the deal.

The 23.5-hectare site acquired by Dragon Capital is located in the suburbs of Lviv. According to Aequo, “Dragon Capital is planning to develop 140 thousand square meters of administrative, office, warehouse, and industrial premises.”

Aequo’s team Included Partner Yulia Kyrpa, Senior Associate Mykhaylo Soroka, and Associate Yevheniia Chernetsova.

Editor’s note: After this article was published KPMG Legal Ukraine confirmed its involvement to CEE Legal Matter. The firm’s team included Director Yuriy Katser and Senior Associate Yuliia Pidlisna.

Aequo has helped Estonia’s SupplierPlus Group OU launch SupplierPlus, a supply chain finance solution, in Ukraine.

According to Aequo, the newly-launched reverse factoring platform “considerably [simplifies] the factoring process, which works on the basis of blockchain technology. It lets corporations leverage their strong credit profiles to finance suppliers and simplifies invoice financing. The platform allows buyers to improve payment terms, pricing, and delivery stability, while suppliers unlock access to a highly competitive stream of financing. As a result, buyers with a strong credit profile can work with the desired payment periods, while suppliers can get paid instantly.”

Aequo’s team included Partner Yulia Kyrpa, Counsel Bohdan Dmukhovskyy, and Associate Olesia Mashtaler.