Lawyers

Roman Shpakovsky

Partner

+375 29 381 51 63

All lawyers

Languages

English | Russian

Practices

Competition

Corporate

Finance

IPR

M&A

Tax

Industries

Automotive

Food & Tobacco

Professional services

Real Estate

Retail

Profile

Roman Shpakovsky is a Partner in VILGERTS and focuses his practice on international taxation, M&A, and corporate disputes. He is an expert on joint ventures and pretrial negotiations, as well as on tax planning/asset protection schemes.

Legal500 recommends Roman as “a tax and corporate expert strategist’, and describe him as ‘client-oriented, with a flexible approach and creative thinking’. Chambers & Partners Global ranks him as “very responsive and hungry for challenges.” 

Roman was awarded ADIT qualification (Advanced Diploma in International Taxation) by the Chartered Institute of Taxation (UK), with the specialization in Transfer Pricing and Cyprus Tax. Roman is a member of the International Fiscal Association (IFA).


Career

2011 / Partner, VILGERTS
2013 – 2015 / Lecturer on Civil Law, Belarus State University Law College
2010 – 2011 / Associate, Sorainen
2008 – 2010 / Head of Corporate Practice, Braginiec & Partners


Education

2016 / IPM Business School, Financial Director Diploma
2011 / Belarus Ministry of Finance, Securities market specialist certificate (1st category)
2010 / Belarus Ministry of Justice, Lawyer certificate
2010 / Belarus State University, Diploma in Law

 

Experience

  • Representing real estate investor as a debtor in a bankruptcy of the developer and his guarantor, including renegotiations and termination of the shared construction agreement, recovery of the advance payments, representing the Client in the litigation process.

     

  • Assisting in enforcement and execution of Latvian court decisions in Belarus on a regular basis.

  • Consulting Belarusian games developer on tax and corporate optimization, including advising on foreign tax regimes for the purpose of cross-border transfer of operations and corporate restructuring of Belarusian subsidiary.

  • Cross-border (Belarus-Latvia-UK) restructuring of shares ownership in Belarusian manufacturing company by cross-border merger under EU law. We were responsible for designing a merger plan and insuring compliance of the deal with the Belarusian law. We also act as a leading counsel and coordinate work of foreign advisors.

  • Advising a local cash-back service on corporate structuring across different countries, involving designing a cross-border holding structure with a focus on ensuring the most tax-efficient framework for IT-business.

  • Full legal support of restructuring of the real estate holding, including cross-border transfer of a property (UK-Belarus-Hong Kong) to avoid non-recoverable VAT-payments.

  • Advising on restructuring of a real estate ownership, including cross-border transfer (Panama-Belarus-Cyprus) of a real estate with the purpose to reduce tax burden and deoffshorize the structure for management transparency.

  • Providing AS ABLV Bank with the second legal opinion regarding peculiarities of government bond collateral. Our assignment included developing an optimal transaction structure along with analyses of possible financial and reputation risks and liabilities.

     

  • Advising the foreign shareholder of a seafood processing company in Belarus on withdrawing from the investment project under the investment agreement with the Republic of Belarus and representing him in a bankruptcy procedure.

  • Advising one of the biggest Belarusian brewing companies on withdrawing from the investment agreement concluded with the Republic of Belarus. We designed a step-by-step withdrawal plan, aimed at minimizing financial, investment, political risks, as well as risks related to the top management liability.

  • We guided ABLV Bank Luxembourg S.A. through Belarussian regulatory framework regarding shareholding in foreign companies and opening bank accounts abroad by Belarusian residents with a focus on sensitive matter of protecting confidentiality of bank’s customers.

  • Representing Integraf plus, local printing company, in administrative proceeding related to the tax frauds, commitec by previous owners and management of the company. We successfully defended the Client in the Supreme Court with a full dismissal of a severe confiscation penalty, imposed by lower courts.

  • Defending interests of LLC Effective project in the dispute with the military unit of Brest region (Belarus) for the improper quality of design works, executed under the state-financed reconstruction project.

  • Successfully appealing the decision of Oshmyany Custom Department (Belarus) for Miliam Reisid OU in regard to violation of Belarusian customs procedure for temporary admission of goods, as well as non-payment of VAT and custom duties.

  • Advising design bureau, engaged as a subcontractor in a reconstruction project financed by the loan, provided to the Republic of Belarus by The European Bank for Reconstruction and Development (EBRD). 

  • Representing Latvian shareholder of a local sewage drain company, against company’s top management. The actions concerned a management fraud, forgery of signatures and fraudulent change of shares distribution.

  • Successfully defending the Client in the International arbitration at the Belarusian Chamber of Commerce in the dispute with the Belarusian state-owned enterprise Vodokanal on loss of income in public-private partnership project.

  • Consulting BAO AS on possible construction of waste processing plant in Belarus, including issues of licensing, obtaning a land plot, compliance with industry regulation.

     

  • Advising to the group of Russian private investors on purchase of a bankrupt manufacturing company in Belarus worth EUR 2,5 Mio.

  • Legal assistance jointly with Kennedy van der Laan on Belarus law regarding Nike and Converse expansion to Belarus market, including IPR relations, licensing, employment, and competition law matters.

  • Advising to ABLV Group on securities and banking regulations in Belarus. Legal advice was also rendered regarding practical aspects of an enforcement of securities and collaterals under Belarusian law covering civil procedure and insolvency aspects.

  • Assisting ALD Automotive Russia on establishing a representative office in Belarus, as well as advising on employment, corporate, tax and car leasing issues.

  • Assistance to Monilaite-Thomeko Group Oy in potential acquisition of Rolvika UAB and its business in Latvia, Lithuania and Belarus. We carried out legal due diligence process and provided advisory on corporate law matters.