Interview with Konstantin Globa, managing partner at Barristers law firm (Kyiv)

ICBA: How is the war influencing the market of legal services in Ukraine? What is the impact on business clients? Are relations among fellow lawyers being affected?

Konstantin Globa: As far as the business customers are concerned, we are witnessing a change in the main (profile) types of clients. In particular, there is an increasing demand for military and war-related legal expertise and advice. Yesterday, the majority of requests from companies concerned their business interests and operations. Today, such firms also need support in issues linked to the ongoing armed conflict. As a consequence, fee policies and practice areas of a law firm need to be adjusted accordingly.

The war has consolidated the legal market in Ukraine and even direct competitors are now more tolerant of each other. For instance, among the recently established partnerships and associations you might find lawyers, who would have never even thought about working together before the war.

ICBA: What new practice areas should criminal lawyers pay attention to today and what should they bet on in the future?

Konstantin Globa: Taking into account the fact that almost all spheres of our lives have been recently restructured and reassembled, I am sure that every lawyer (including criminal lawyers) will find new and interesting areas of work. Today, first and foremost, I recommend to focus on the following five areas: war crimes and crimes against humanity; assistance to volunteer formations; release and exchange of prisoners of war; interaction between military personnel and (civilian) executive authorities; gun ownership and control.

After the victory in this war, projects dedicated to the restoration of Ukrainian infrastructure will be of vital importance. We should already start research and analysis of the existing legal framework and set up the investment campaigns.

ICBA: Can you tell us more about your recent cases in the area of war crimes?

Konstantin Globa: I cannot talk about all of them in detail (due to certain ethical and professional restrictions). In general, we are supporting cases on cooperation with state authorities regarding the release and exchange of Ukrainian prisoners of war. At the moment we are working with several groups of clients who are included in the exchange lists and are waiting for the prisoners from the opposite side to be selected. We are also providing legal assistance to personnel of the Armed Forces of Ukraine.

ICBA: How do you see the future development of the field of compensation for damages caused by Russia’s military aggression?

Konstantin Globa: There is one very painful question, which, unfortunately, still remains unresolved in our country: a lack of legal regulation of the assessment of the incurred material damage. However, from the end of March, almost immediately after the liberation of Kyiv Oblast, taking into account the current legislative shortcomings and possibilities, my colleagues and I have been actively engaged in this issue. In particular, we are providing pro-bono legal assistance to people whose property has been damaged or destroyed as a result of military operations. For example, we have initiated several criminal proceedings, assisted recording of the damage and submitted the corresponding information to the “DIIA” platform. That is, we have carried out all preparatory actions to ensure that the victims will receive compensation in the future.

It must be understood that while our country is at war, we cannot talk about full compensation for such damage (at least, as long as there are risks of repeated destruction of the property in question). Yet, as we can see, with the support of European partners, modular towns are being built to provide temporary shelter to the victims and internally displaced persons, while the UN is holding tenders for the restoration of Ukrainian infrastructure. In view of this, I am sure that every victim will be compensated for the caused damage. It is only a matter of time!