Insight

Q&A with Konstantin Mikhel at Vlasova Mikhel & Partners

A Q&A with Konstantin Mikhel of Vlasova Mikhel & Partners about his experiences and the legal field in Belarus.

Konstantin Mikhel
Best Lawyers

Best Lawyers

May 31, 2017 03:33 PM

A Q&A with Konstantin Mikhel of Vlasova Mikhel & Partners about his experiences and the legal field in Belarus.

How did you get involved in the law and in your practice area specifically?

My first job was at an insurance company. When studying at the technical university, I had been working as an insurance agent, and then I was convinced that my vocation was law and jurisprudence. So in 1995, I started studying law at the Belarussian State University.

Through my insurance experience, I got acquainted with the management of the company, which offered me an internship, and after that, an in-house position. Then I changed jobs for an in-house position at the investment consulting company, Uniter. There were already more diverse tasks, a more lively practice. The lack of electronic databases and professional literature, work with paper regulatory acts—all this required many professional conclusions on their own.

Working as a corporate lawyer in Uniter, I saw a strong demand for legal services from our clients. In coordination with the management of the business, somewhere under their initiative they decided to create a classical law firm whose interests would not overlap with the interests of another business. So the law firm "Mikhel and Partners" appeared, where I became a managing partner. And so began my career as a legal counsel and managing partner.

My core practice area is tax law. Tax law is often described as solving a puzzle, allowing lawyers to find creative solutions to their clients’ problems and offer a specific expertise that affects varied types of financial decisions and life events. We get to do incredibly interesting work in tax, and I think I am always learning new things. Because of the ever-changing landscape of tax regulation, those solutions are often implemented swiftly, so it may be easier for tax attorneys to see the results of their job than for attorneys in other practice groups.

Moreover, recent studies of the relative levels of contentment of lawyers in many areas of practice confirm that tax lawyers are the most satisfied with their jobs and likely to be at the top.

Can you tell me about the legal climate currently in Belarus, such as any pressing issues within your practice area?

Belarus, of course, has serious ongoing red tape problems, corruption, and fair and effective enforcement of laws. The fact is, Belarusian law and business practices are gradually developing. New laws and court decisions have been largely pro-business, pro-foreign investment. Moreover, one upside of the global economic crisis is that it served as a strong reminder to the government of our connection to the world economy and of the need to attract foreign capital in an increasingly competitive global market. The economic crisis has brought a new focus and changed outlook to the government generally. The laws adopted during the past years have aimed at better protecting shareholders’ and creditors’ rights and stimulating the economy by, among other things, reducing unnecessary government interference in business. Much was done to address some of the major shortcomings in the legal system. There have been, of course, various well-publicized recent attempts to deprive shareholders of their rights and to strip assets from companies. However, such attempts have been far fewer and less successful, thanks to changes to both the corporate laws and the laws governing the judiciary, which have reduced the ability of litigants to “influence” judges.

Although there is still much to be done to reduce corruption, strengthen the judiciary, and further protect shareholders and business interests in Belarus, it is important to keep things in perspective. Positive change is under way in Belarus, and a new generation is emerging that has a more Western view toward the rule of law and its importance—not only to democratic principles, but to economic success.

What are some of Vlasova Mikhel & Partners accomplishments within the last year?

VMP is at the top of major international ratings: Chambers Global, Legal500, and IFLR1000. Our most renowned practices are banking and finance, commercial law, IP, and dispute resolution. Our firm appeared in the international rating editions for the first time 10 years ago, and we still keep a leading position.

VMP associates Alexander Veremeev and Aleksei Filonov are winners of the first Belarusian GovTech Hackaton, held within Global Entrepreneurship Week in Belarus.

VMP Vlasova Mikhel and Partners was a partner of several professional events, including the first Belarusian forum “Broadening the Horizons: Investments. Finance. Development,” “Best Legal Departments” contest, and the Belarusian Corporate Counsel Forum.

What achievements do you see in your firm’s future?

VMP started its history in 1990 as the first private law practice in Belarus. Today it is one of the leading Belarusian full-service law firms, well-known and respected throughout the community. Our legal team draws from our experience and youth to build strong cases for clients, and we are dedicated to serving clients with fervency and to pursuing successful strategies. With this attitude and perspective, we have earned a number of awards and accolades, and we are going to remain a constant at the top of the Belarusian legal market.

Can you tell me about a landmark case your firm recently took on?

At first I would like to say that we are advising lots of interesting, unique projects, so the most of our cases are landmark and notable. We like complicated cases, developing new schemes that no one has ever used for implementing our clients’ projects. It’s one of the hallmarks of our style of work—VMP style.

In recent years we have been advising lots of prominent companies: Facebook (Masquerade), Uber, Viber, IAC (Mindspark), Wargaming, and EPAM. Our long-standing clients include the European Bank for Reconstruction and Development (EBRD), China Development Bank, Unicredit, Austria Bank, Samsung, HP, Procter & Gamble, Nike, William Grant & Sons, Diageo, Hennessy, Herbalife, Turkcell, Kronospan, Michelin, Leroy Merlin, etc.

Starting in 2013, VMP played a key role on representing the interests of OJSC “Belgorkhimprom” (as a respondent) in arbitration proceedings against Turkish company Koca İnşaat Sanayi ve İhracat Anonim Şirketi (as a claimant) under SCC Arbitration Rules in Stockholm. VMP represented interests of the client in framework of all stages of arbitral proceedings in Arbitration Institute of SCC, which to the best of our knowledge has no precedents in Belarus. As a result, only 29 percent of sum claimed by Koca was awarded to Koca in arbitral award.

At this stage, VMP represents OJSC “Belgorkhimprom” in the Svea Court of Appeal on the matter of setting aside of the abovementioned arbitral award. Upon the result of setting aside the arbitral award could be set aside in full or in part by Svea Court of Appeal. Representation of the clients’ interests in the Svea Court of Appeal is a notable experience for Belarus because, to the best of our knowledge, there were no precedents when Belarusian law offices represented Belarusian entities in Swedish courts on the matter of setting aside of arbitral awards; and VMP represents clients’ interests in Swedish courts without assistance of Swedish lawyers, which allows VMP to obtain a unique experience on the specifics of Sweden Procedural Law.

For the last several years, we have been advising on one of the largest investment project in Belarus: construction of the potash mining and processing complex in Luban, Minsk Oblast, Belarus with output capacity of at least 2 million tons of potassium chloride and on-going advice on implementation of the project. Our client is a subsidiary of GMC Global. The investments are estimated at $1.5 billion. The project is to be implemented by 2020 and create Belarus’ second largest producer of potash fertilizers. The State Development Bank of China approved a loan $1.4 billion USD through Belarusbank, and BIN group has invested $268 million USD for the construction of the project.

The other prominent case relates to the investment project on construction of multifunctional complex in the historical center of Minsk, Belarus’ capital. Our client is Royal Group Companies Management LLC, a conglomerate of 60 large- and medium-sized companies, based in the United Arab Emirates (UAE), where they have launched its business in Belarus to implement this investment project. The main problem is that the place where the new complex should be constructed is a historical place, which includes a number of historical buildings. For more than five years, Minsk executive authority tried to find an investor for construction on this land plot. VMP advised one of them (Oman investor who was going to invest $300 million), but after several years of negotiations and losing $10 million, the investor decided to give up the project (the conditions for investments in Belarus are rather unfavorable due to the high political and bureaucracy risks).

The new investor we advise now—an UAE company—is more persistent, and with our support, they concluded an investment project with the Republic of Belarus at the end of 2016. Now demolition works at the land plot are carrying out, and construction will start soon. We are advising on all stages of the project.

Now we are advising on drafting one of the most ambitious legislative acts, which should turn Belarus into a large Silicon Valley and allows it to become one of the world centers in IT. The IT experts suggest that adoption of this legislative act and further positive changes in investment environment will lead to the opening of the offices of Microsoft, Oracle, Facebook, and other corporations in a few years, and the total revenue from the export of IT services will reach tens of billions of dollars.

We are the members of several working groups under the Ministry of Economy, Ministry of Taxes, and are involved in drafting and revising legislative acts regarding improving business and investment climate.

Related Articles

Q&A with Panayotis Bernitsas at Bernitsas Law


by Best Lawyers

A Q&A with Advisory Board member Panayotis Bernitsas at Bernitsas Law.

Panayotis Bernitsas at Bernitsas Law

Q&A with Bob Bostrom of Abercrombie & Fitch


by Best Lawyers

An interview with Bob Bostrom, general counsel of Abercrombie & Fitch and Best Lawyers Advisory Board member.

Leadership Insights by GC Bob Bostrom

Paying the Price in P.R.


by Best Lawyers

Isis Carballo-Irigoyen discusses discuss intergovernmental relations, opportunity zones, and why a move to Puerto Rico to ease your tax burden likely won’t be as simple as you might think.

An Interview With McConnell Valdés

Baraona Fischer & Cia on the Changes Coming to Tax Law in Chile


by Best Lawyers

Juan Manuel Baraona of the 2019 "Law Firm of the Year" award-winner for Tax Law in Chile discusses forthcoming regulations, career highlights, and his secrets to success in an interview with Best Lawyers CEO Phillip Greer.

Baraona Fischer & Cia LFOTY

Lecher Pays


by Ann E. Evanko and Katherine L. Wood

Can social change be sped up via legislation? A key provision of the recent tax-law overhaul, clearly written with #MeToo in mind, suggests it can.

Social Change Amid #MeToo

Opening Pandora's Box in Portuguese Tax Law


by Best Lawyers

Diogo Ortigão Ramos discusses Cuatrecasas' 2019 "Law Firm of the Year" award for tax law in Portugal.

Cuatrecasas Law Firm of the Year Interview

Monica Biringer and Firoz Ahmed on Canada's Changing Tax Practice


by Best Lawyers

The attorneys from Canada's 2019 "Law Firm of the Year" winning Osler, Hoskin & Harcourt look at their achievements over the past year.

Osler, Hoskin & Harcourt Interview

An Interview With Courtney D. Scobie


by Best Lawyers

Ajamie attorney Courtney D. Scobie discusses her practice.

Courtney D. Scobie Q&A

What Spain’s Proposed ‘Google Tax’ Means for its New Economy


by Mariano Roca López

How the Spanish Stability Program is tapping new sources of tax revenue.

Will Spain Pass the 'Google Tax?'

A Master in Defending the Accused


by Best Lawyers

The relentless pursuit of justice when everything is on the line.

Patrick A. Mullin

Q&A with Colleen Tracy James of Mayer Brown


by Best Lawyers

A Q&A with Advisory Board member Colleen Tracy James of Mayer Brown.

Colleen Tracy James of Mayer Brown

Q&A with Franklin Hoet-Linares of Venezuela’s Hoet Pelaez Castillo & Duque


by Best Lawyers

An interview with Franklin Hoet-Linares of Venezuela’s Hoet Pelaez Castillo & Duque.

Franklin Hoet-Linares

Tax Saving Opportunities under Puerto Rico Incentives


by Alexis R. González-Pagani

Puerto Rico offers a variety of attractive incentives packages that cover multiple industry sectors.

Tax Saving Opportunities

Jamie Gorelick Gets It Right


by Meredith Hinshaw-Chaney

Jamie Gorelick on politics, justice, and the rule of law.

Jamie Gorelick on the Rule of Law

Obtaining Cell Phone Records in Civil Litigation


by Jeff S. Korek

You might think that cell phone records could help put a distracted driver behind bars. But getting them isn't so simple.

Are Cell Phone Records Used in Court?

Recent Case Law on Cross-Border Reorganizations


by Marie-Hélène Raffin

The Euro Park decision is bound to facilitate the application of the French favorable tax regime to cross border mergers and spin-offs.

Cross-Border Reorganizations

Trending Articles

Announcing the 2023 The Best Lawyers in America Honorees


by Best Lawyers

Only the top 5.3% of all practicing lawyers in the U.S. were selected by their peers for inclusion in the 29th edition of The Best Lawyers in America®.

Gold strings and dots connecting to form US map

Announcing the 2022 Best Lawyers® in the United States


by Best Lawyers

The results include an elite field of top lawyers listed in the 28th Edition of The Best Lawyers in America® and in the 2nd Edition of Best Lawyers: Ones to Watch in America for 2022.

2022 Best Lawyers Listings for United States

2021 Best Lawyers: The Global Issue


by Best Lawyers

The 2021 Global Issue features top legal talent from the most recent editions of Best Lawyers and Best Lawyers: Ones to Watch worldwide.

2021 Best Lawyers: The Global Issue

The U.S. Best Lawyers Voting Season Is Open


by Best Lawyers

The voting season for the 31st edition of The Best Lawyers in America® and the 5th edition of Best Lawyers: Ones to Watch® in America is officially underway, and we are offering some helpful advice to this year’s voters.

Golden figures of people standing on blue surface connected by white lines

How To Find A Pro Bono Lawyer


by Best Lawyers

Best Lawyers dives into the vital role pro bono lawyers play in ensuring access to justice for all and the transformative impact they have on communities.

Hands joined around a table with phone, paper, pen and glasses

What the Courts Say About Recording in the Classroom


by Christina Henagen Peer and Peter Zawadski

Students and parents are increasingly asking to use audio devices to record what's being said in the classroom. But is it legal? A recent ruling offer gives the answer to a question confusing parents and administrators alike.

Is It Legal for Students to Record Teachers?

How Palworld Is Testing the Limits of Nintendo’s Legal Power


by Gregory Sirico

Many are calling the new game Palworld “Pokémon GO with guns,” noting the games striking similarities. Experts speculate how Nintendo could take legal action.

Animated figures with guns stand on top of creatures

The Best Lawyers in Australia™ 2024 Launch


by Best Lawyers

Best Lawyers is excited to announce The Best Lawyers in Australia™ for 2023, including the top lawyers and law firms from Australia.

Australian Parliament beside water at sunset

Inflation Escalation


by Ashley S. Wagner

Inflation and rising costs are at the forefront of everyone’s mind as we enter 2023. The current volatile market makes it more important than ever to understand the rent escalation clauses in current and future commercial lease agreements.

Suited figure in front of rising market and inflated balloon

Best Lawyers: Ones to Watch in America for 2023


by Best Lawyers

The third edition of Best Lawyers: Ones to Watch in America™ highlights the legal talent of lawyers who have been in practice less than 10 years.

Three arrows made of lines and dots on blue background

A Celebration of Excellence: The Best Lawyers in Canada 2024 Awards


by Best Lawyers

As we embark on the 18th edition of The Best Lawyers in Canada™, we are excited to highlight excellence and top legal talent across the country.

Abstract image of red and white Canada flag in triangles

8 Different Types of Criminal Defenses in Law


by Best Lawyers

Learn about the different types of criminal defenses available in law, including innocence, self-defense, insanity and more. Protect your rights today.

Silver handcuffs laying on finger printed papers

Wage and Overtime Laws for Truck Drivers


by Greg Mansell

For truck drivers nationwide, underpayment and overtime violations are just the beginning of a long list of problems. Below we explore the wages you are entitled to but may not be receiving.

Truck Driver Wage and Overtime Laws in the US

The Upcycle Conundrum


by Karen Kreider Gaunt

Laudable or litigious? What you need to know about potential copyright and trademark infringement when repurposing products.

Repurposed Products and Copyright Infringemen

Choosing a Title Company: What a Seller Should Expect


by Roy D. Oppenheim

When it comes to choosing a title company, how much power exactly does a seller have?

Choosing the Title Company As Seller

The 2024 Best Lawyers in Spain™


by Best Lawyers

Best Lawyers is honored to announce the 16th edition of The Best Lawyers in Spain™ and the third edition of Best Lawyers: Ones to Watch in Spain™ for 2024.

Tall buildings and rushing traffic against clouds and sun in sky