Administrative Disputes
Administrative disputes are public law disputes that arose between authorities and individuals. The main characteristic of the administrative dispute is that one of its parties must be an authority which is a public institution, public authority, or body of local self-government, or their officers or officials.
Effective interaction between private and public sectors is a prerequisite for the creation of an attractive business environment. However, the procedures of obtaining authorisations, administrative service provision, and conduct of inspections by controlling bodies in a changing regulatory environment are associated with numerous administrative disputes.
Lexnavigator’s associates have a unique experience of effective advising on most complex court disputes with public authorities. We engage highly qualified professionals to conduct legal due diligence and expert examination as well as leading research institutions to provide expert opinions on the points of law.
Administrative disputes that we can help to resolve include those related to:
- tax matters
- customs matters
- migration
- pensions
- disputes in the field of state registration of titles to real property
- labour disputes in connection with the service in the public sector
- disputes in the area of city planning, territory planning, architectural activities
- disputes with control authorities
- disputes with public authorities and local self-governments
- electoral disputes
- challenging the decisions, resolutions, regulations, or ad hoc directives
- challenging the acts or omissions of the authorities
- challenging the decisions of attestation, tender, competition, contest commissions, interview panels, or social security medical assessment boards
Our services include:
- our specialist legal advice
- studying court documents
- case law research and analysis
- audit of the cause of action and analysis of the potential trial outcomes
- development of strategy and alternative solutions for resolution purposes
- drafting submissions
- pre-trial dispute settlement
- collection of the evidential base
- application of provisional remedies (injunction, etc.)
- representation in courts
- appealing the court judgments
- enforcement of court judgments
Land Disputes
Land disputes refer to a type of legal relations that are connected with the resolution of disputes resulting from violation and/or exercise of land ownership rights, including those arising in connection with the land allocation and/or withdrawal, which can occur among landowners, users, local self-governments and public authorities in charge of land resources and other stakeholders.
Having years of practice and broad experience in the settlement of land disputes, our highly skilled specialists will make their best efforts and help to resolve land disputes at any stage, from pre-trial settlement to client representation in court and enforcement of a court judgment.
We will help to resolve land disputes in relation to:
- allotment, purchase, sale, gifting, inheritance of land plots
- lease, permanent use of land plots
- creation of a security interest (mortgage) overland to secure obligations
- division of land plots
- land auctions
- change of the land use purpose
- breaches in the registration of land ownership or use rights
- land plot boundary delineation
- violation of neighbourliness rules
- imposition of limits on the use of lands and appurtenant easements
- challenging the land plot agreements
- other disputes related to land plots
Our services include:
- our specialist legal advice
- studying court documents
- research and analysis of case law on similar disputes
- checking the information on state registration of the rights to a land plot
- checking the information on land plots in the State Land Cadaster
- audit of the cause of action and analysis of the potential litigation outcomes
- communication with counterparties
- dispute resolution strategy and potential solution development
- drafting submissions
- representation in proceedings before public authorities
- pre-trial dispute settlement
- collection of the evidential base
- representation in court
- obtaining an enforcement order
- challenging court judgments or decisions of public authorities
- enforcement of court judgments
- representation in enforcement proceedings
Civil Disputes
Civil disputes are any legal disputes that arise between individuals irrespectively of their nationality and are private in nature. It is important to understand that such disputes shall not be of a commercial nature or refer to relations between business entities or be a subject matter of legal relations with public authorities and/or local self-governments.
Having years of practice and broad experience in dispute settlement, our highly skilled specialists will make their best efforts and help to resolve civil disputes between citizens at any stage, from pre-trial settlement to client representation in court and enforcement of court judgment.
Civil disputes can arise in relation to:
- rights and property of individuals’
- performance of contracts and agreements
- decedent’s estate
- reimbursement for damages
- debt collection
- lifting attachment on property
- protection of consumer rights
- recovery of the property held in adverse possession
- judgment on an individual’s incapacity
- making findings of facts
- positive undertaking
- family disputes
- housing disputes
- land disputes
- labour disputes
Our services include:
- our specialist legal advice
- studying court documents
- case law research and analysis
- audit of the cause of action and analysis of the potential litigation outcomes
- development of strategy and alternative solutions
- drafting submissions
- pre-trial dispute settlement
- collection of the evidential base
- interim remedy (asset attachment, injunction, etc.)
- representation in court
- appealing court judgments
- enforcement of court judgments
Corporate Disputes
Corporate disputes are the legal disputes between a legal entity and its shareholders (founders, shareholders, or partners) including disputes involving a shareholder withdrawn, and those among the shareholders (founders, shareholders, or partners) of a legal entity related to the creation, business operations, governance and termination of such entity, exercise, and assertion of corporate rights and obligations of company shareholders, except for labour disputes.
Shareholder rights are the rights of a person (founder, shareholder or partner) who has a certain share in the authorised capital of a business entity (legal entity), which include that person’s right to participate in the management of such business entity, receive a certain share of the company’s profits (dividends) or assets in the event of liquidation thereof in accordance with law, as well as other rights provided for in law and constituent documents.
We can help to resolve corporate disputes that include:
- challenging the acts or omissions, or resolutions of legal entity and its bodies by a shareholder including by a withdrawing shareholder
- establishing and recovering the share of the company’s property that is due to a shareholder
- invalidation of the constituent documents in whole or in part or any amendments to them
- assignment of share purchaser’s rights and obligations as a result of a violation of the preemptive right
- disputes between the shareholders and the company in relation to their ownership of the property contributed to a legal entity’s capital
- exclusion of a shareholder’s heir(s) from the company
- appointment, recall, removal, or reinstatement of senior managers or other officers at their offices
- liquidation, reorganisation of a legal entity or revocation of its state registration on the petition of shareholders
- renewal of the share register system
- acquisition of shareholder rights in the process of the company formation
- reimbursement for losses caused by acts or omissions of company’s officers
- establishment of the amount of the authorised capital and amount of shareholding held by each shareholder
- disputes between shareholders, or shareholders and the legal entity in relation to the cancelation of the records in state registers
- disputes arising out of corporate agreements (sale and purchase of a share or shares in the authorised capital, etc.)
- invalidation of the agreements that violate shareholder rights or interests of any shareholder
- reimbursement for the costs and expenses incurred in connection with the auditing of the annual financial statements upon shareholder’s request
- declaration of title to shares or shareholding in a company or right to a unit
- invalidation of any contract that violates shareholders’ rights or interests
- collection of dividends that were declared but not paid out
Our services include:
- our specialist legal advice
- studying court documents
- case law research and analysis
- audit of the cause of action and analysis of the potential litigation outcomes
- development of strategy and alternative solutions
- drafting submissions
- pre-trial dispute settlement
- collection of the evidential base
- interim remedy (asset attachment, injunction, etc.)
- representation in court
- appealing court judgments
- enforcement of court judgments
Commercial Disputes
Commercial disputes are the disputes that arise in business conducted by companies and sole proprietors in the course of execution, amendment, termination, and performance of commercial agreements.
Having many years of practice and extensive experience in dispute settlement, highly qualified professionals of our law firm will make their best efforts and help to resolve business disputes between business entities at any stage – from pre-trial dispute settlement to legal representation in court and enforcement of court judgments.
Commercial disputes can arise in relation to:
- execution of agreements or in connection with their terms and conditions
- changes in agreements
- termination of agreements
- invalidation of agreements
- improper performance of contracts
- recovery of the property held in adverse possession
- positive undertaking
- recovery of damages
- debt collection
- supplies of incomplete and/or poor quality products or goods
- payments for the delivered products or goods
- business entities’ ownership or lease rights
- property privatisation, etc.
Our services include:
- our specialist legal advice
- studying court documents
- case law research and analysis
- audit of the cause of action and analysis of the potential litigation outcomes
- development of strategy and alternative solutions
- drafting submissions
- pre-trial dispute settlement
- collection of the evidential base
- interim remedy (attachment of assets, injunction, etc.)
- representation in commercial courts (arbitration)
- appealing court judgments
- enforcement of court judgments
- initiating and providing support in the debtor’s bankruptcy procedure
Debt Collection
Debt collection is a set of legal measures aimed at ensuring voluntary performance by a debtor of his obligations or compulsion to repay debt or return the property by resorting to court proceedings, as a result of enforcement of court judgment by public enforcement authorities or private enforcement officers, or through a debtor’s bankruptcy procedure.
Please note that in practice, the debtors aggressively appeal against all procedural steps as well as court orders, challenge acts of the public or private enforcement officers to delay the debt collection procedure, and defer the performance of financial obligations.
Please note that debtors effectively use gaps in applicable Ukrainian laws and often prevent their bank accounts from being attached, open new accounts, and avoid mandatory direct debiting by public enforcement authorities or private enforcement officers.
Many years of practice and extensive experience of our professionals allow us to effectively counteract procedural tricks of the debtors, provide effective assistance in the debt repayment to the accounts of our clients at any stage, from a pre-trial settlement in connection with outstanding debt through the client representation before court and debt recovery judgment enforcement.
Debt recovery stages:
- pre-trial stage (it is based on the negotiations between the competent professionals and debtors aimed at finding the solution to the problem of debt repayment with minimum financial losses)
- trial stage (the main point of the stage is to confirm the existence of a debtor’s obligation and reflect it in a court decision)
- recognition of a foreign court decision if the dispute was adjudicated outside Ukraine
- enforcement proceedings (execution)
- bankruptcy
Our services include:
- our specialist legal advice
- studying court documents
- case law research and analysis
- audit of the cause of action and analysis of the potential collection outcomes
- assessment of the debtor’s financial status
- checking the availability of debtor’s assets
- finding out the risks that can affect the recovery and likelihood of their occurrence
- development of strategy and alternative debt settlement solutions
- drafting proceedings (claims, submissions, motions, petitions, defences, grievances)
- pre-trial settlement (direct communication, correspondence, etc.)
- collection of the evidential base
- application of provisional remedies (asset attachment, injunction, etc.)
- acting as representatives in court
- appealing the court judgments
- recognition of a foreign court judgment if a dispute was adjudicated outside Ukraine
- obtaining an enforcement document
- opening and acting as representatives in enforcement proceedings
- initiating and providing support in the bankruptcy procedure
Investments
Legal support for investment projects is an integral part of their successful implementation. Lexnavigator specialists have many years of experience in providing support for investment projects in Ukraine.
We provide a full range of legal services in the field of investments − from the development of an investment programme to support in all registration processes. Our lawyers know how to reduce potential risks and create the most favourable environment for the development of your investment projects. You will have a reliable legal basis for the growth of your business.
Our services in the field of investments include:
- legal advice on investments in Ukraine
- development of a legal section of an investment project
- registration of a company with foreign investments
- legal advice on regulatory requirements and exemptions
- assistance in the development of new products and services
- obtaining licences for the manufacture or sale of some kinds of products
- protection of rights and interests in court
- legal support for investment projects
Real Property
Do you intend to safely buy a flat, house, or a land plot? Are you desirous of making a reliable investment in construction? Lexnavigator specialists, relying on their experience in real estate and land law, can professionally conduct real estate due diligence, screen potential risks, and help to perform safe transactions with the real property. You will not need to dig into legal complications and worry about the “legitimacy” of property.
Effective assessment along with correct interpretation and application of the rules of land legislation can only be provided by a professional lawyer who has a wealth of experience in the area of land relations. In addition to the Land Code, there are dozens of other laws and regulations that are constantly changing. It is also necessary to take into account the existing case law on land matters. There are a sufficient number of cases proving that the position of courts on the same matter can drastically change.
Our attorneys monitor changes in case law regularly, can easily navigate through the maze of laws governing land relations, and have accumulated a successful experience in the application of the relevant legislation.
Out services in the area of real estate and land law:
- real estate due diligence, verification of the land documents, existing encumbrances (injunctions, attachments, etc.)
- provision of legal advice on real estate transactions and ownership registration
- advising on the issues of changing the category of agricultural lands, forestry fund lands, etc.
- assistance in issuing and state registration of land ownership titles
- assistance in issuing land ownership title in the event of a transfer of the ownership of a building or structure
- drafting contracts and legal analysis of the executed mortgage agreements
- providing tax advice in the course of building the real property objects
- obtaining the required authorisations, approvals, permits, and consents from the authorities controlling development, etc.
- resolution of land disputes
Criminal Defence
Criminal proceedings (criminal cases) can make life hard for any individual or adversely affect the business of any company or enterprise and lead to a total business termination. In the course of investigation and trial in the court of criminal cases, individuals and legal entities become parties to criminal proceedings and undoubtedly need legal advice on criminal matters.
Depending on the procedural status of the party to criminal proceedings, an advocate can be engaged in the proceedings either as a defence counsel or a representative. For example, a defence counsel of suspect, defence counsel of accused or representative of a victim, representative of a person whose assets can be subject to attachment pending the court decision. Counsel can also provide legal support to a witness in criminal proceedings (counsel to a witness) and a participant in search.
Professional defence in criminal matters is highly important and extremely necessary. An accused can fail to cope with sophisticated challenges of the legal system and lose their case although their evidence could appear to be convincing. Even during simple interrogation, any individual without special preparations can make compromising mistakes. As practice shows, a witness, in the course of the investigation, can easily be become a suspect.
A defence counsel in criminal proceedings can develop a seamless action plan in terms of defence, help to avoid fatal mistakes, prevent violation of a client’s rights, mitigate negative effects for the person being defended, take steps to terminate the pre-trial investigation, or take care of verdict of acquittal to be delivered in court proceedings or commute punishment to a maximum extent possible.
Defence in criminal matters provided by our lawyers includes:
- our specialist legal advice
- audit of the cause of action and development of defensive solutions
- acting as a representative in the course of interrogation of a witness, victim, suspect or accused
- acting as a representative in the course of investigative actions (search, detention, seizure, temporary access, etc.)
- acting as a representative in the course of applying for or changing a measure of restraint
- collection of justificatory evidence
- sending the advocate’s letters of inquiry
- lifting the attachments on property
- return of the seized property
- lifting the injunction against the use of property
- challenging the acts of an investigator or public prosecutor
- challenging the notification of suspicion in committing a crime
- acting as a representative in judicial proceedings including those in appellate and cassation instances
- familiarisation with materials of the case
- return of indictment at a preparatory hearing
- drafting submissions
- appealing against court orders on asset attachment, temporary access, injunctions banning from doing certain acts
- appealing against a court verdict
- acting as a convict’s representative during his service of sentence
Dispute Resolution
Court disputes and their resolution are among the highest priorities of Lexnavigator attorneys-at-law. Our lawyers are highly qualified professionals in the area of dispute resolution.
We carefully analyse the existing documentation, provide a meaningful assessment of legally relevant facts and circumstances of the case, select an individual defence strategy and do our best efforts to resolve the dispute in your favour.
Many years of experience and practice of our advocates will be helpful in the resolution of any dispute at any stage, from pre-trial settlement through the representation of clients in court and enforcement of court judgment.
The court disputes that we can help to resolve:
- commercial
- corporate, M&A
- civil
- land
- administrative (disputes with public authorities)
- bank
- labour
- family
Our services include:
- our specialist legal advice
- analysis of the service of process documents related to a dispute
- audit of the cause of action and analysis of the potential litigation outcomes
- development of strategy and alternative solutions
- drafting submissions
- pre-trial dispute settlement
- collection of the evidential base
- asset tracing
- application of provisional remedies (asset attachment, injunction, etc.)
- representation in courts (arbitrations)
- appealing the court judgments
- enforcement of court judgments
- support in a bankruptcy procedure