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Golaw Successfully Defends Vita-Solar in Ukrainian Criminal Proceedings

Golaw Successfully Defends Vita-Solar in Ukrainian Criminal Proceedings

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Golaw has successfully represented Vita Solar LLC, a Ukrainian subsidiary of TIU Canada, in criminal proceedings.

According to Golaw, the criminal proceedings related to VAT reimbursements granted to Vita Solar in 2018 -2019 by officials of the Directorate-General of State Fiscal Service of Ukraine in the Mykolaiv Region. According to the firm, the prosecutor alleged that the reimbursements were made to “obtain an unlawful benefit for the Directorate-General of State Fiscal Service of Ukraine,” which was acting “on a prior conspiracy with the employees of the affiliated enterprises, Vita Solar and its counter-parties.”

As a result of the criminal charges, all funds of Vita Solar held in its bank accounts and in the State Treasury of Ukraine were seized, blocking the company's ability to do business.

Ultimately, according to Golaw, the criminal proceedings were "closed due to the absence of any offense," and Vita Solar's assets were released. 

The Golaw team consisted of Senior Partner Sergiy Oberkovych, Partners Igor Glushko and Angelika Moiseeva, and Senior Associate Kristina Kolchynska. 

GOLAW at a Glance

GOLAW is one of the leading Ukrainian full-service law firms. The firm was founded in 2003 and currently has offices in Kyiv (Ukraine) and Berlin (Germany). The lawyers of the firm are widely recognised for their skills and extensive expertise. GOLAW’s team focuses on efficiently resolving issues facing the clients, communicating effectively on their behalf, assisting them in navigating the nuances of Ukrainian law, and avoiding costly legal traps.

The client portfolio of the firm includes large and medium-sized, national and foreign companies, banks and financial institutions, as well as private investors doing business in Ukraine or entering local markets. GOLAW provides sophisticated legal advice and reliable legal assistance in all major sectors, including agribusiness, retail and FMCG, healthcare and pharmaceuticals, financial services, energy and natural resources, transportation and infrastructure, internet technology, and real estate. Areas of practice: GOLAW developed a top-tier tax practice which includes issues concerning tax functioning in Ukraine, strategic advice on tax planning, tax and fiscal controls, as well as professional contacts with the tax authorities at all levels. The firm represents its clients in dispute resolution and litigation in general, economic and administrative courts of all levels, along with support for international commercial disputes. The deep expertise in white-collar defence and investigations allows GOLAW attorneys to successfully represent clients in criminal legal proceedings, advising them on the wider commercial, regulatory and image implications when there are allegations of fraud or corruption.

GOLAW professionals advise clients across the broad spectrum of corporate work including M&A, joint ventures and corporate restructuring, as well as general commercial, antitrust and corporate governance issues. The effective combination of transactional skills combined with unique expertise including antitrust, employment, environmental, intellectual property and taxation, enables the firm to handle the issues that can arise from any single corporate transaction. In banking and finance, the firm successfully represents clients regardless of whether it is a trade, export, finance deal, M&A, or any other financial project; it also provides advice on civil, banking and currency laws. The firm is a leader in representing financial services institutions in contentious insolvency and regulatory matters. The firm’s team of lawyers utilises unrivalled local knowledge of the demands of operating in increasingly international and volatile markets, with a deep understanding of the issues impacting the energy and natural resources sectors.

Clients of the firm are involved in commodities, power, oil and gas, nuclear, mining, metals and minerals, renewable and clean-technology energy industries. GOLAW covers the full range of labour and employment matters, including: whistleblower litigation, labour-management relations, benefits, collective agreements, and employment of foreign citizens.

Firm's website.