During quarantine, understanding and mutual support are important in business.

Vladislav Borysenko, Managing Partner of Borysenko & Partners Law Firm, gave an interview to the Dnipro city website gorod.dp.ua, in which he answered questions about the legal business today, how entrepreneurs can survive the quarantine, and the importance of Borysenko & Partners Legal School.

– Vladislav, tell us how long you’ve been practicing law? Why did you choose this particular profession?

I’ve been practicing law for about 15 years now. I received my law degree concurrently with a degree in political science. Political science was also interesting to me, but it’s largely a theoretical discipline, unless you count electoral technology, of course. Legal practice is more practical. Furthermore, in law, it’s crucial to have a well-developed logical mind, and that’s always been my strong point. So, the choice was obvious for me.

– What areas of jurisprudence do you specialize in?

– Approximately 95% of our clients are businesses. We specialize in commercial, tax, and corporate disputes, real estate transactions, and white-collar crime cases—that is, defending businesses in criminal proceedings. Moreover, each of our lawyers has their own area of ​​expertise, in which they have worked for at least several years. I am deeply saddened when I see “Lawyer Services” ads on street lampposts, listing every conceivable type of case in which such a lawyer can supposedly assist. Unfortunately, this is usually a lie. The law is so vast, and judicial practice changes so rapidly, that without a clear specialization, becoming a true professional is virtually impossible. However, young lawyers shouldn’t rush into choosing a specialization. In my opinion, it’s actually beneficial to work in various areas of the law at the start of a career and choose the one that resonates with you.

– What are the differences and specific work requirements between these categories – businesses and individuals?

– Our firm primarily works with legal entities. But as an attorney, I also have experience working with individuals. The difference between these two categories of clients is significant. Firstly, these are completely different financial and organizational models for a law firm, and combining them within a single structure may be impractical. Furthermore, cases involving individuals typically require greater emotional involvement. This is especially true in family disputes. Here, an attorney often has to act as a psychotherapist, which requires a certain personality and psychological resources that not everyone has. And it’s important to know that these resources are not unlimited. For many attorneys, working on such cases eventually leads to professional burnout. Personally, I’m better at working with businesses.

– When you founded Borysenko & Partners, did you immediately have a vision for what it would be like? What principles and values ​​did you espouse?

– Personally, I’ve always adhered to a systems approach, both in terms of organizing business processes and positioning ourselves in the market. We’ve chosen to develop as a systemic law firm and provide value to our clients. That is, we strive not to sell legal services, but to help with the issue they’ve approached us with. Results are one of the core values ​​in our work. We primarily focus on whether the client can achieve the result they need. But it’s important to understand that jurisprudence isn’t mathematics. Here, two plus two doesn’t always equal four. After all, the interpretation and practical application of laws are carried out not by machines, but by living people, and many legal provisions are subject to ambiguous interpretation. Furthermore, unfortunately, corruption and nepotism still exist. There’s also the risk of unforeseen circumstances, as in the case of the coronavirus. But experience allows us to fairly accurately predict the outcome of a case or project, and to develop a strategy, including taking into account the possible actions of procedural opponents outside the legal framework.

– Can you give an example from your practice when you were able to defend your client when few believed in it?

-Yes, there are quite a few such cases. For example, just over a month ago, we successfully overturned a State Fiscal Service order scheduling a scheduled tax audit through court proceedings. Lawyers specializing in tax law know that this is extremely difficult. We’ve also had “hopeless” corporate disputes, where a single dispute involved over a dozen related cases heard in different courts, and all the key cases were won, ultimately resulting in a joint victory. We also cite several criminal cases where, thanks to professional legal work and the client’s resilience, they resisted extortion by law enforcement officials for undue benefits, and ultimately, the criminal proceedings against the client’s companies were closed “on standard grounds.”

– Due to the nationwide quarantine, what are the most common customer requests you receive?

The most pressing issues now relate to rent, loan payments, and the legal formalities of production shutdowns and labor relations during quarantine.

– For many entrepreneurs, the quarantine is causing losses, and deals and contracts are falling through. How can businesspeople minimize losses? What advice do you have?

– Yes, the quarantine has hit businesses very hard, and it’s already showing. Many companies are forced to reduce or halt production, and most major projects have been put on hold. In the current situation, as a lawyer and businessman, I can only recommend one thing: think about the future, negotiate, and seek compromises. Now is a time when it’s very easy to lose partners with whom relationships have been built over the years. It’s crucial to realize that we’re all in the same boat, and the quarantine will end sooner or later. You need to carefully read the terms of contracts and the regulations currently being adopted. If necessary, consult with lawyers, but I wouldn’t recommend acting solely from a position of force. For example, using force majeure is a double-edged sword, as it allows one party to defer payment, while the other party can terminate the contract in retaliation. Therefore, I advise weighing all possible options before taking action. It’s essential to talk with partners, banks, and employees and seek optimal solutions.

-This is a very pressing issue for many rental businesses right now. Employees are quarantined, and the office is empty. What about rent? And how can the official declaration of a state of emergency be used to protect resources?

– It’s important to understand that the declared state of emergency does not create legal consequences for the operations of private companies. At the same time, the quarantine imposed by the Cabinet of Ministers was recently included in the list of force majeure circumstances that make it impossible to fulfill contractual obligations. Certificates of such circumstances are issued by the Chamber of Commerce and Industry of Ukraine upon application by a party to the contract. However, force majeure exempts from liability for improper performance of obligations—that is, from paying fines or penalties for late payment, but not from paying rent. At the same time, Parts 4 and 6 of Article 762 of the Civil Code of Ukraine define the tenant’s right to demand a reduction in rent or exemption from payment if, due to circumstances for which they are not responsible, the ability to use the property has been significantly reduced or such use has become impossible. These provisions have always been part of the Civil Code of Ukraine, and we advise our clients to refer to them during negotiations with landlords. Incidentally, on April 2, the Law of Ukraine Amending Certain Legislative Acts of Ukraine, aimed at providing additional social and economic guarantees in connection with the spread of coronavirus disease (COVID-19), entered into force. The draft of this law included a provision stating that in the event of a quarantine, for a tenant who is subject to restrictions on the ability to use the property for its intended purpose, the rent for the use of real estate cannot exceed the total cost of maintaining such property—for example, the cost of utilities and property taxes. However, the adopted version contains only a reference to Part 6 of Article 762 of the Civil Code of Ukraine and stipulates that the tenant may be exempt from paying rent during the epidemic. But this was the case before. Therefore, the new law fundamentally changes nothing.

– You also have an educational project, “Borysenko & Partners Legal School.” Please tell us about it.

– Yes, the Borysenko & Partners Legal School project is in its second year. It’s unique in its own way, as law schools in Ukraine with a comparable format can be counted on the fingers of one hand. This year, as last year, registration for the project closed early due to overwhelming interest and a limited number of places. But the quarantine has also made adjustments, and we’ve been forced to postpone classes indefinitely. I don’t want to conduct the school online, as it’s no substitute for face-to-face interaction. How did the idea come about? I’ve enjoyed working with young lawyers for a long time, and I see that almost all of them make the same mistakes at the start. University provides a foundation, but it barely teaches them how to practice legal work. Most young professionals, after graduating from law school, simply don’t know how to properly sign an envelope or send a letter of complaint. And that’s where a lawyer’s work begins. Or, for example, they have no idea how to work with a draft contract, because they don’t teach it at universities. Figuratively speaking, at universities, students are taught what a car looks like and how it works, but they’re not shown how to start the engine and drive it without immediately getting into an accident. At our school, we teach students how to apply their knowledge in practice and avoid “childish” mistakes.

– What is a modern lawyer like? How do you maintain the bar and always remain at the highest level?

– These days, lawyers face the same challenges as those in other knowledge-based professions. The information shortage problem of 20 years ago no longer exists. When I started my career as a paralegal, one of my first tasks was “updating codes,” literally pasting new versions of articles into the codes. And to access court decisions on a particular issue, you had to buy case law collections or go to the library. Today, this problem no longer exists, as all the information you need for your work can be found online. But another problem has emerged: constant changes in legislation, as well as in court positions on the same issues. In our practice, we’ve repeatedly encountered cases where, at the project approval stage with the client, we relied on certain provisions of regulations, only to have them change to completely unacceptable ones when we began implementing them. Such is the reality of today. And simply staying current requires a lifetime of learning and keeping up with all these changes. This can be done independently or by attending various trainings, seminars, and webinars. There are quite a few of them available now. And, of course, don’t forget about your specialization and focus on improving your skills in these areas first.

– What’s your personal recipe for maintaining energy and mental balance in today’s reality? How can you avoid succumbing to the general panic?

– We live in difficult times. Several economic crises, war, and now quarantine. I think the most important thing is to accept the fact that the world is constantly changing and nothing can be guaranteed. In situations like these, I try to follow Stephen Covey’s advice. He divides the world around us into a “circle of concern” and a “circle of influence.” The circle of concern is all the information noise that surrounds us. The circle of influence is within the circle of concern, and it is significantly smaller. These are the circumstances that we can actually change. For example, none of us can stop the spread of coronavirus on our own, but everyone can limit their contacts, wash their hands regularly, and wear a mask in public places. This way, we can minimize the risk of infection for ourselves and thereby reduce the spread of the pandemic. And this is within our circle of influence. There is a well-known prayer: “Lord! Grant me the strength to change the things in my life that I can change, grant me the courage and serenity to accept the things I cannot change, and grant me the wisdom to know the difference.” I can’t boast that it always works out, but I try to follow this rule in difficult situations.