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ANDRIY FORTUNENKO

Partner

Information

Andriy Fortunenko is a Partner at AVELLUM’s Dispute Resolution practice and Head of White-Collar Crime Practice.

Andriy regularly represents national and foreign companies before the law enforcement and regulatory authorities. He has extensive experience in criminal proceedings related to fraud, embezzlement, cybercrime, and corruption-related offences. Andriy also handles complex multi-jurisdictional investigations into money laundering and represents the clients before INTERPOL.

Andriy’s expertise also include contentious matters involving cryptocurrency, as well as gambling law.

Get in touch

afortunenko@avellum.com
+380 (44) 591 33 55

Related practices

  • EDUCATION AND BAR ADMISSION

      Master’s degree in Commercial Law, 2012, Kyiv National Economic University

      Admitted to the Bar (Kyiv Regional Bar Association) since 2016

      Certified Fraud Examiner (Association of Certified Fraud Examiners)

      UBA member

  • RECOGNITION

      Recommended lawyer for Dispute Resolution in Ukraine; The Legal 500 (2021 - 2022)

  • 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

      Acted as Ukrainian legal counsel to the Ministry of Finance of Ukraine within the USD15 billion sovereign debt restructuring on potential enforcement against sovereign assets by aggressive non-consenting creditors

      Represented Ukrainian subsidiary of LSE-listed Ferrexpo Plc in a dispute against Ukrainian Bank “Finance and Credit” undergoing liquidation. The dispute arose out of the failure of the bank to carry out the client’s payment instructions resulting in the USD10 million losses

      Represented world leading investment funds as owners of majority of notes issued by Mriya Agro Holding plc in a number of insolvency proceedings of Mriya group companies before the Ukrainian courts

      Represented international investor in commercial court proceeding against the Icelandic company regarding enforcement of claims against deposit held in a Ukrainian bank with foreign capital

      Represented Česká exportní banka, a. s. in a set of litigations before Ukrainian commercial and administrative courts against the Ukrainian borrower and local municipal authorities aimed at reinstatement of the Bank's rights under the mortgage agreements, as well as opposing attempts by the Ukrainian borrower to dissipate the mortgaged and pledged assets

      Represented National Bank “Trust” in a dispute with its former Ukrainian subsidiary regarding USD 21 million debt, which included litigations before Ukrainian general and commercial courts, as well as representation within liquidation proceeding

      Advised Central Bank of Iceland on fraud investigation and tracing of Ukrainian assets belonging to the Icelandic businessman. We collected evidence and provided affidavits in support of foreign court proceedings

      Advised a UK investor on recovery of debt from Ukrainian borrower and surety providers, as well as recognition and enforcement of the UK court judgments and freezing orders in Ukraine

      Advised world leading investment funds as owners of majority of notes issued by Mriya Agro Holding plc on strategy of criminal prosecution of former hostile management of Mriya Agro holding. This included representing victim in criminal proceedings, as well as assets preservation and recovery

Related materials

News

AVELLUM acts for the client in cyber fraud investigation

AVELLUM acted for an international e-commerce company in the internal investigation into the suspected insider fraud followed by the criminal proceedings.In the course of the internal investigation, we uncovered the signs of fraudulent actions committed by a former employee through an online platform. He tampered with the customers’ accounts and altered their payment data to […]

Posted on September 12, 2022

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.

News

WEBINAR “FREEZING ORDER IN CRIMINAL PROCEEDINGS: COUNTERMEASURES” 17 DECEMBER 2020

We will discuss how to protect company assets from freezing, what to do if company assets were frozen, whether Ukrainian courts freeze foreign assets, etc

Posted on September 12, 2022
Date: 17 December 2020 Time: 11:00 a.m. - 12:00 p.m. Language: Ukrainian/Russian During the webinar, we will discuss the following: Is it possible to protect company assets from freezing? What to do if company assets were frozen? A successful appeal: how to choose the right arguments Can Ukrainian courts freeze foreign assets? Q&A session Speakers Vadim Medvedev, partner, AVELLUM Andriy Fortunenko, senior associate, AVELLUM We invite representatives of business – owners, top management, heads of legal departments of local and international companies to join our webinar. This event is not available to representatives of law firms, private practice lawyers, and consulting companies. The participation is free upon prior registration confirmed by the organisers. Webinar participants with confirmed registration will receive a link one day prior to the event. Please register by clicking the following link before 15 December 2020.

Senior Partner

GLIB BONDAR

Glib Bondar is a Senior Partner of AVELLUM and the Head of Finance and Energy practices with focuses on financings and capital markets.

Partner

MAKSYM MAKSYMENKO

Maksym Maksymenko is a Partner at AVELLUM and the Head of Real Estate and Infrastructure.

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