Partner Responsible

  • Golovan & Partners has an extensive background in protecting clients’ and civil society’s interests in the Constitutional Court of Ukraine.
  • It was Igor Golovan whose constitutional petition gave rise to actual implementation of the right to legal assistance in Ukraine back in 2009 under the Decision of the Constitutional Court of Ukraine.
  • It was exactly 30 September 2009 when thanks to Golovan & Partners’ efforts anyone became able to take full advantage of advocate’s assistance while being interrogated as a witness or interacting with state authorities in any other way.
  • As it stands now in Ukraine, the recently introduced option of a constitutional complaint allows to approach the Constitutional Court in order to challenge constitutionality of the legal rule applied in the court decision against an individual or legal entity.
  • Golovan & Partners is consistent and firm in providing its clients with legal assistance in constitutional proceedings.
  • When it comes to protecting clients’ rights and interests, Golovan & Partners is uncompromising whatever powerful or influential a wrongdoer is.
  • It was not just once that the adversaries of ours were and still are the
  • President of Ukraine, the Cabinet of Ministers of Ukraine, the ministries, various governmental agencies, and other executive branch agencies.
  • In Ukrainian day-to-day realities, coflicts between companies and state authorities are often accompanied by initiation of criminal proceedings with regard to alleged business activity violations and companies’ officers and shareholders.
  • We provide a client with complex protection being based upon unified strategy and tactics and having coordinated approaches and action plans in administrative and criminal proceedings.
  • After Ukraine gained independence, it was Igor Golovan who originally started research and development of innovative legal technologies of business protection. Primarily, protection from the conduct of state authorities, not only illegal one but just groundless and unfair as well.
  • The result of the laborious work came in 2003 as the dissertation on the legal mechanism of the business protection.
  • This system of means and methods of business protection is being effectively used in our practice and it is constantly being improved through it.

Partner Responsible

  • The lawyers of our law firm have a unique experience of legal practice in the sphere of business protection in criminal proceedings, which is achieved through:
  • Team approach to defense: our lawyers have many years of experience not only in the field of criminal law and process, but also in the areas of taxation, corporate governance, contract law, investment protection, judicial practice, representation in the European Court of Human Rights and the Constitutional Court of Ukraine. In each case, we demonstrate a team approach and this is a top priority in our practice. Each lawyer invests in the protection of the client his or her unique knowledge, which in a system combination necessarily leads to the achievement of the maximum positive result in the case. We not only do know how a business is built and working, we live inside it.
  • Complex expertise in every case: when the interests of the company, its owner or management are affected within the framework of criminal procedures, the lawyers of our law firm assess the risks in the case and choose the most effective tactics of defense of client, not only from the point of view of criminal law and process, but also based on the possibility of using legal instruments from other fields of law. That allows to achieve the maximum effectiveness of defense, which, as practice shows, very often is outside the box of the Criminal and Criminal Procedural Codes of Ukraine. This is exactly what the client is looking for and that he always finds in our law firm.
  • The ability to build a strong and winning position of defense in criminal proceedings with "latent suspicion": as a rule, in criminal proceedings that comprise a commercial component, prosecutors try building a case against suspect through so-called "fact of committing a crime by officials of a company" without noticing ones of suspicion. That happens when the case is actually investigated against the company, but neither the company nor its officials are parties to the criminal proceedings and have no procedural rights in this case (filing petitions for conducting investigative actions, seize of evidence, conducting of examinations, witness interview, etc.). The lawyers of our law firm for years have been sharpen up practically effective mechanisms of defense in such cases. We do not wait until the investigator comes to the head of a company with suspicion notice or a court order of seizure of companies assets, but, together with the client, actively are doing our homework, - collecting evidences, reasonably presenting our legal position and wrongfulness of investigation, conducting the necessary expert examinations, working with specialists, witnesses and actively using the means of judicial control over the investigation in court.
  • Flexible approach in relations with law enforcement agencies: it is not always the case that "hard defense" in criminal proceedings leads to a positive result. Of course, everything depends on the case and when circumstances so require, after reviewing the case we apply in principle all possible legal mechanisms for defense of the client, including appealing the illegal actions of authorities in court and initiating their criminal prosecution. However, the tactics of defense by systematically revealing to the investigation the erroneousness of its legal position, the arbitrariness of the seizure of documents and / or assets, based on a correct attitude towards opposing prosecutors and a practical demonstration of professionalism and proactive defense, leads at least to the return of the investigation procedure to the legal framework. Very often this result is the removal of all suspicions from the company, its management, or the return of withdrawn assets.
  • You can be sure that we will be men of principle and good professionals, and when circumstances require it, then aggressive enough, while fighting for your rights and interests in order to remove accusations, dismiss a case, protect your assets and, the most importantly, your reputation and even freedom.
  • Golovan & Partners succeeds in protecting clients’ interests in tax disputes with governmental tax authorities.
  • What we do results not just in judgments in favour of our clients but also in criminal proceedings against officials of the tax authorities over violation of tax payers’ rights and interests.
  • Golovan & Partners represents its clients in courts of all jurisdictions and levels, and succeeds in the Supreme Court of Ukraine where judgments of the highest specialised courts are questioned.
  • Golovan & Partners is effective while representing the clients’ interests in arbitration institutions.

Partner Responsible

  • Protection of rights and interests of intellectual property rights holders, namely revealing the infringements, cooperation with law enforcement and state controlling authorities, recovering damages caused.

Partner Responsible

  • Analysis of the client's needs and providing recommendations for choosing the most favorable mechanism for achieving the goal set by the client.
  • Analysis of the customer's existing business processes in the subsoil use sphere for compliance with the legislation requirements and providing relevant conclusions on this matter.
  • Preparation of documents and legal assistance in obtaining special permits for subsoil use.
  • Representation and protection of client's interests in relations with state authorities and local self-government on subsoil use, including litigation.
  • Golovan & Partners has a strong belief that investment dispute resolution vehicles have huge potential for the purpose of foreign investors’ interests protection in Ukraine. Such a position is duly justified and proven in real life, even in such a non-typical cases as VAT reimbursement procedure violation by the state.

Partner Responsible

  • Golovan & Partners does not feel bound by and therefore does not limit itself in procedural vehicles in order to protect interests of its clients.
  • The Convention for the Protection of Human Rights and Fundamental Freedoms of 1950 and protocols thereto are implemented in Ukraine in such a way that those are to be applied as a source of law.
  • The fundamental role in the protection of advocate secrecy and client-attorney privilege is played by the European Court of Human Rights judgment in Golovan v. Ukraine dated 5 July 2012.
  • Golovan & Partners has long-term experience in providing its clients with legal assistance in cases before the European Court of Human Rights, as well as in enforcement of the latter’s judgments and implementation of the latter’s case law in Ukraine.