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ANDRII KULEBA

Senior Associate

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Information

Andrii Kuleba is a Senior Associate at AVELLUM’s dispute resolution practice. He represents clients in Ukrainian courts during resolution of commercial and administrative disputes.

Andrii’s experience includes defending of Ukrainian companies in corporate disputes as well as in disputes with tax and other controlling authorities. He advised foreign companies on recognition and enforcement in Ukraine of awards rendered by foreign courts. Andrii has experience in representing creditors in bankruptcy proceedings. Also, he defended private clients in a number of civil disputes.

Before joining AVELLUM Andrii worked at one of Ukrainian leading law firms.

Get in touch

akuleba@avellum.com
+380 (44) 591 33 55
  • EDUCATION AND BAR ADMISSION

      Master of Laws, 2010, Kyiv National Economic University

      Admitted to the Bar in Ukraine since 2018

  • RECENT EXPERIENCE

      Advised the world’s leading online gaming company in connection with criminal investigation by Ukrainian law enforcement authorities. The advice included conducting a risk-based analysis of the client’s business model in terms of compliance with the newly-introduced regulatory framework and criminal liability risks in Ukraine

      Successfully defended the interests of “A/T Tobacco Company “B.A.T. - Pryluсky”, a member of British American Tobacco Group, in the dispute against the AMC regarding the challenge of its decision imposing UAH448 million fine for alleged violation of the legislation on protection of economic competition

      Advised a major Ukrainian oil and gas holding in a complex dispute over significant industrial real estate facility

      Advised the client on the possible criminal law implications of the restructuring arrangement

      Represented Ukrainian origination and processing company in a set of disputes with Ukrainian tax authorities

      Represented the provider of financial and leaseback leasing services for the machinery in a set of debt recovery litigations and on the administrative dispute procedure

      Represented Uber Ukraine in a civil case arising from a road accident.

      Advised a Ukrainian wholesale and retail distributor of liquefied petroleum gas and petroleum products in a dispute with the Antimonopoly Committee of Ukraine

Related materials

News

AVELLUM successful for the client before the High Anticorruption Court

AVELLUM defended the client, a Member of Parliament of Ukraine of the 9th convocation, being also a Lieutenant General of Ukrainian Armed Forces, in the criminal case heard by the High Anticorruption Court

Posted on September 12, 2022

News

AVELLUM AND DEBEVOISE & PLIMPTON SUCCESSFULLY REPRESENT FIFTH PRESIDENT OF UKRAINE IN ENGLISH HIGH COURT

AVELLUM acted as a Ukrainian law counsel for the Fifth President of Ukraine, Mr Petro Poroshenko, in the hard-fought litigation before the High Court of England and Wales.

Posted on September 12, 2022
AVELLUM acted as a Ukrainian law counsel for the Fifth President of Ukraine, Mr Petro Poroshenko, in the hard-fought litigation before the High Court of England and Wales. The case ended up with the successful challenge of the jurisdiction of English courts to hear a USD140 mln claim against our client and strike-out of this claim as groundless. The claim was brought against Mr Petro Poroshenko and Ms Valeria Gontareva (a former governor of the National Bank of Ukraine) by a businessman Mr Igor Surkis and five Surkis family companies. The dispute arose from the events surrounding the nationalisation of the largest Ukrainian bank PrivatBank back in 2016. The hearing took place in late July 2021, in which Lord Goldsmith QC argued on behalf of Mr Petro Poroshenko before Justice Calver. The court upheld the jurisdictional challenge and granted a strike-out application of the second defendant. Vadim Medvedev, a partner at AVELLUM, commented: “We are extremely honoured to deliver such an overwhelming victory to our client. The judgment reflected the defendants’ victory on all major points. This is a well-deserved result of all the efforts, which both AVELLUM and Debevoise & Plimpton teams dedicated to the matter.” AVELLUM team was led by partner Vadim Medvedev with significant support from counsel Andriy Fortunenko and associates Andriy Kuleba, Khrystyna Shvab, Kristina Mysenko, and Valeriia Ustiuhova.

Newsroom

AVELLUM ADVISES WORLD’S LEADING ONLINE GAMING AND BETTING COMPANY IN CONNECTION WITH CRIMINAL INVESTIGATION BY UKRAINIAN LAW ENFORCEMENT AUTHORITIES

AVELLUM conducted a risk-based analysis of the client’s business model in terms of compliance with the newly-introduced regulatory framework and criminal liability risks in Ukraine. The central issue was a criminal investigation into illegal gambling allegations targeting a number of international online gambling companies.

Posted on September 12, 2022

Newsroom

AVELLUM SUCCESSFULLY DEFENDED INTERESTS OF BRITISH AMERICAN TOBACCO IN APPEAL PROCEEDINGS AGAINST AMC

The Northern Commercial Court of Appeal fully upheld BAT’s appeal against the decision of the First Instance Court revoking the decision of the AMC in part concerning BAT.

Posted on September 12, 2022
AVELLUM successfully defended the interests of “A/T Tobacco Company “B.A.T. - Pryluсky” (“BAT”), a member of British American Tobacco Group, in the dispute against the Antimonopoly Committee of Ukraine (“AMC”) regarding the challenge of its decision imposing UAH448 million fine for alleged violation of the legislation on protection of economic competition in the form of anti-competitive concerted actions, which relate to restriction of access of undertakings (buyers) to the market of primary sale of cigarettes by manufacturers. The Northern Commercial Court of Appeal fully upheld BAT’s appeal against the decision of the First Instance Court revoking the decision of the AMC in part concerning BAT. The decision of the Northern Commercial Court of Appeal came into force. AVELLUM team successfully implemented a thoroughly designed defence strategy to protect BAT’s interests, which allowed to avoid the need for premature payment of fines before the court resolves the dispute and the necessity to return wrongly paid fines from the state budget in the future. “Such decisions, which are based on a thorough analysis of the circumstances of the case and the rule of law, are the key to the stable functioning of the rule of law institutions in Ukraine and can compose a positive signal to business while assessing Ukraine as a potential investment hub,” – as mentioned by BAT. Kostiantyn Likarchuk, senior partner, noted: “This case is important for the whole industry. We are proud that our clients entrust us with the most complex and significant cases, which we successfully deal with, justifying responsibility and trust placed on us.” British American Tobacco is a leading multi-category company operating in the consumer goods segment. Founded in 1902, the company now employs more than 53,000 people worldwide. The company is running its business in more than 180 markets and has factories in more than 40 countries. In Ukraine, it owns PJSC “A/T Tobacco Company “B.A.T. - Pryluсky”, founded in 1993 based on Prylucky Tobacco Factory. AVELLUM team was led by counsel Mykyta Nota with significant support from counsels Lyudmyla Volkova and Andriy Fortunenko, and associates Valeriia Lepska and Andrii Kuleba under the general supervision of senior partner, Kostiantyn Likarchuk.

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