VB PARTNERS’ attorneys have successfully represented the interests of one of the Ukrainian metallurgical enterprises in a court case over the recovery of non-pecuniary damage for a sensational amount of more than USD 328 million.

In an attempt to seize our Client’s funds, the raiders created a pseudo-environmental NGO and misled the residents of the region concerned. Moreover, the findings of a socio-psychological study and a forensic examination, which were supposed to confirm the amount of non-pecuniary damage, were forged. In addition, the media disseminated false materials that discredited the enterprises and the business reputation of its management.

Key facts of the case:

  • The lawsuit against the client in this DR case was initiated in 2020. At the same time, the district court immediately seized, even before the case was decided on the merits, all of the Client’s movable and immovable assets as security for the claim.
  • However, our team is up to the task. Thus, in January 2021, we succeeded in canceling the arrest of the Client’s production assets. Subsequently, a comprehensive legal position was formed, evidence of the legality of the company’s business activities was provided, and unfounded assumptions about violations of environmental legislation were refuted. Moreover, the Ministry of Justice found gross violations of the forensic examination methodology by the experts.
  • In May 2021, despite the complete lack of legal grounds, the district court fully satisfied the claim.
  • On behalf of the Client, we initiated a number of criminal proceedings, in particular, on the facts of interference with the automated document management system of the district court, forgery of evidence and fraud.
  • In December 2021, our team succeeded in having the decision of the court of first instance overturned by the Court of Appeal. The seizure of the company’s real estate was also canceled. During the year, the eco-raiders filed several cassation appeals to review the case, and the Supreme Court started three separate cassation proceedings.
  • Recently, the Supreme Court made a final decision in favor of our Client in one of the cassation proceedings and subsequently closed the other two.

The case had a wide resonance and has been accompanied by thousands of rallies, case media coverage and comments from high-ranking officials.

The project team in the case and related criminal proceedings was led by Volodymyr Vashchenko, our partner and head of Dispute Resolution practice.