12 July 2019

Drozdova & Partners Law Firm has assisted with restoring foreign company’s reputation

Criminal proceedings for an alleged UAH20+ m misappropriation, as instituted against a foreign company’s management, were closed due to the lack of evidence.

Drozdova & Partners Law Firm Director Ms Olena Drozdova provided legal advice to the company’s officers during the criminal proceedings.

Within months, the prosecution investigators were carrying out a pre-trial investigation into an offence provided by Article 191 (misappropriation, embezzlement, and unlawful appropriation of property through abuse of office) of the Ukrainian Criminal Code.

‘Unfortunately, the principle of being innocent until proven guilty is merely nominal in Ukraine, especially when it comes to business activities. Experience suggests that defence counsel should take active measures aiming to rebut (sometimes preposterous) statements of the prosecution,’ the lawyer has commented the work done. ‘Accordingly, we had to have a meeting with the company’s counterparties, to initiate a number of expert assessments, and to have properly documented other data that would in a convincing way demonstrate that no offence was committed by our client’s officers.’

In reliance on the data gathered, the investigation officer decided to terminate the criminal proceedings due to the lack of evidence. This has allowed the company to resume its normal operation and to restore its reputation as a socially responsible business.