IX Annual In-House Counsel Conference: in-house work from within and without

2018-04-20

KYIV - April 20, 2018. The Ukrainian Bar Association held a long-awaited IX Annual In-House Counsel Conference, which united under the same roof in-house corporate lawyers and external advisors, judges of the Supreme Court, heads of state bodies and institutions and leaders of the legal market.

They talked about the most acute issues for legal counsel and their partners - external advisors, shared their experiences, established communication and understanding, searched for ways to resolve conflicts and building effective interaction.

After the welcoming speech of the UBA President Andriy Stelmashchuk, where he thanked all the guests, speakers and partners of the event and familiarized the participants with the peculiarities of the conference, a session devoted to the interaction of legal advisers and state bodies began.

Among the participants of the discussion were Yuri Terentyev, Head of the Antimonopoly Committee of Ukraine, Oleksiy Filatov, Deputy Head of the Presidential Administration, Sergiy Shklyar, Deputy Minister of Justice of Ukraine for Enforcement Service, Timur Khromayev, Chairman of the National Commission for Securities and Stock Market, Andriy Zhurzhiy, People's Deputy of Ukraine, and Artyom Sytnik, Director of the National Anti-Corruption Bureau of Ukraine. The moderator was Volodymyr Sayenko, partner of Sayenko Kharenko.

The key issues for discussion were the peculiarities of government relations, namely business-state interaction: typical mistakes in the private sector's interaction with the Antimonopoly Committee of Ukraine and how to draw the right conclusions (from the point of view of the former legal counsel), what to expect from the judicial reform, how to conduct an effective dialogue with the anti-corruption body, which benefits can enjoy  the private sector from changes in enforcement proceedings, corporate governance and case study, novelties on tax administration, as well as solving the issue of salaries "in envelopes" and alternative forms of employment.

 

The difficulties faced by legal counsel in applying the new procedural codes were described by the Supreme Court judges and partners of leading law firms. Volodymyr Kravchuk, judge of the Administrative Court of Cassation Administrative Court in the Supreme Court, Victor Prorok, judge of the Civil Court of Cassation of the Supreme Court, Sergiy Zhukov, judge of the Commercial Court of Cassation of the Supreme Court, Sergiy Pusko, partner at Spenser & Kauffmann, Oleg Kachmar, partner at Vasil Kisil & Partners. Moderator was Volodymyr Pavlenko, partner at INTEGRITES.

The judges of the Supreme Court responded to relevant and often uneasy questions about court practice cases and described what constitutes a notion of a "good lawyer" from the point of view of a judge. As the speakers pointed out, eloquence is not an argument in the Supreme Court, since the judge of the Supreme Court is not able to listen to lengthy court speeches. Therefore, it is important to clearly, concisely and understandably voice his position. Sergiy Zhukov: "The representative has 3 minutes, this should be enough to prove his point of view".

After a short break and informal conversation during lunch, Irina Nikitina, Strategic and Development Consultant, LegalTalents.Report researcher, and Mykola Stetsenko, Managing Partner at AVELLUM, invited to the discussion about the domestic kitchen of in-house corporate counsel from lawyers who moved from law firms: Maxim Bugay, Senior Legal Advisor to TNT Ukraine & Eastern Europe Associates (FedEx Corp), Yury Gvozdia, Director of Legal Department of Myronivsky Hliboproduct PJSC, Stanislav Kovalenko, Director of Legal Directorate of International Airlines of Ukraine, Anna Lazurenko, Deputy Director General of Legal Affairs DELTA WILMAR CIS, Arsen Milyutin, Director of the Department of Restructuring and Recovery of Oschadbank, Tetyana Tarasyuk, Legal Director of PJSC "Kyivoblenergo", and Galyna Tsaryuk, Senior Counsel on Corporate Affairs, PJSC "A/T Tobacco y "V.A.T. -Pryluky".

The discussion focused on issues of the so-called monopoly of the advocates in the trial, interaction with external advisors, effective cooperation between in-house lawyers and external consultants, and what is expected from the legal counsel by the legal community.

Galyna Tsaruk described the functional responsibilities of the corporate lawyer as follows: "In-house cousel acts as 5 in 1: not a lawyer, but a superman (business partner, strategic consultant, project manager, team development manager and staff psychologist)."

During the discussion, the interesting question arose: how to restrain in-house lawyers from moving to consultancy work? Arsen Milyutin offered to all those who think about this option, to carefully analyze the true information about the conditions and scope of work of external legal advisors and to determine real life priorities.

The topic of the last session was Compliance and Corporate Security. Such urgent issues as risk management in the context of a dynamic digital world, the investigation of corporate fraud by external advisors, the role and functions of the legal department in providing corporate security against criminal-law risks, etc., were presented by corporate counsel and external advisors.

Among the participants of the discussion were Olga Prokopovich, Legal Director - Eurasia at Veon Group, Denys Shkarovsky, lawyer at VB PARTNERS, Olga Lukyanova, head of legal department, corporate compliance officer at "Henkel" Ukraine, Artem Drozdov, partner at AVER LEX, and Olga Vorozhbyt, partner at DLA Piper, offered their views and solutions to corporate compliance problems.

The Ukrainian Bar Association extends its gratitude to everyone who helped create a friendly and warm atmosphere for a constructive dialogue and exchange of experiences - guests, participants, partners and speakers. We hope that the tips and knowledge shared by our extraordinary speakers will help you find answers to your questions.

Also we with to thank the partners of the event, whose organizational and financial contribution helped to organize the event at a high level: Conference partner Spenser & Kauffmann; Session Partners - DLA Piper, VOLKV, AVER LEX, Integrites, AVELLUM; reception partner - VB PARTNERS.

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