Personal Law

Problem: A client built a full-scale house in a gardeners’ non-commercial partnership and the house needed to obtain the status of a residential building. There were absolutely no documents on hand.

Outcome: The lost documents were restored, the necessary measurements, research and expert review were done and an application was filed with the court. Based on the court’s decision the house was declared suitable for full-time occupancy and the relevant changes were made to the Unified State Register of Real Estate.

Problem: Administrative liability was illegally imposed on the owner of a firm and the firm itself, which handles fixed-route passenger transportation in Chelyabinsk, due to the fault of a foreign national driver who issued a passenger a ticket bearing the details of our client’s firm.

Outcome: Complaints were sent to the court of general jurisdiction and commercial court. The reasoning was that there was no administrative offence (no proof of employment, ownership of the vehicle, and procedural irregularities). The orders imposing the fines were reversed as a result.

Problem: A client who arrived in Russia at a Moscow airport for May 9 was unable to collect his luggage. They refused to tell the passenger where his personal belongings were and suggested he file a missing luggage report. The luggage was found the next day, but our client had to spend money on buying essential items.

Solution: Attempts to amicably settle the dispute with the airline were unsuccessful. Proof of expenses was gathered and litigation was commenced. As a result, the airline had to reimburse not only the expenditure on purchasing the essential items, but also the cost of our services.

Problem: The court dismissed a claim against a debtor from Russia without a hearing (because the Federal Tax Service inspectorate had removed the debtor from the Companies Register).

Outcome: The Federal Tax Service inspectorate’s decision to liquidate the debtor was declared illegal because there were no grounds for an involuntary liquidation. After the tax authority’s decision was cancelled the claim was filed again with the commercial court and the debt was recovered.

Problem: Opening a shop in Chelyabinsk.

Outcome: A written report describing all of the steps that needed to be taken was prepared. Recommendations were given on how to set up the business and on possible start-up and future risks.

Problem: Supporting a transaction to sell inherited real estate.

Outcome: A transaction was concluded to sell an inherited apartment. All interaction with the client was done remotely, without the client coming to the Russian Federation.

Problem: A dispute between legal entities over recovering accounts receivable where the buyer refused to acknowledge the goods had been delivered because the authorised representative’s signature was missing from the delivery note.

Outcome: All the plaintiff’s claims were granted, we presented evidence citing case law that the goods had been accepted by the buyer regardless of the defects in the execution of the delivery note.

Problem: The client was an alcohol wholesaler. During an unscheduled inspection violations were discovered that constitute grounds for suspending and subsequently revoking the license. This meant failure for the client’s business, because retail chains don’t care about the supplier’s problems: contracts will be terminated and penalties charged.

Outcome: The necessary evidence was gathered and a motion for an injunction staying the decision to suspend the license was filed with the court. Evidence was then presented to the court of the fact that the client’s violations in managing the warehouse facilities were minor, which enabled the court not to revoke the license.

Problem: The client was an alcohol wholesaler. During an unscheduled inspection violations were discovered that constitute grounds for suspending and subsequently revoking the license. This meant failure for the client’s business, because retail chains don’t care about the supplier’s problems: contracts will be terminated and penalties charged.

Outcome: The necessary evidence was gathered and a motion for an injunction staying the decision to suspend the license was filed with the court. Evidence was then presented to the court of the fact that the client’s violations in managing the warehouse facilities were minor, which enabled the court not to revoke the license.

Problem: Small-business subscription services (food production).

Outcome: Saving on in-house counsel. Full legal support for the company in civil, labor, land and tax law for three years. All court cases (around 10 court cases) were favorably concluded over the course of cooperation.

Problem: Public procurement subscription services.

Outcome: Successfully providing the company with legal support for public procurement throughout the Urals region. Relieving in-house counsel of these duties. Working with expert-level professionals in this area.

Problem: Subscription services for a branch of an industrial company in Chelyabinsk.

Outcome: Saving on in-house counsel and not placing an additional burden on the parent company’s legal department. Providing the branch with day-to-day contractual support, participating in court disputes in the Urals Federal District.

Problem: Conclusion of a contract with an IT specialist to create a computer program (mobile app).

Outcome: The task was quite difficult: to draw up a contract under which the author of an idea would not incur financial costs until the mobile app started operating. A work contract was concluded under which the author hired a specialist to create the computer program on terms of the IT specialist being subsequently paid a percentage of the royalties for two years.

Problem: Resolving a land dispute with neighbors.

Outcome: After we prepared a review of the legislation and case law and a presentation of the legal implications to neighbors who had claims to part of a client’s land plot, the neighbors withdrew their claims without demanding any compensation.

Problem: Tatiana invested money in shared construction and one year later decided to sell (assign) the apartment at a higher price. However, in order not to pay 13% personal income tax, the contract was drawn up for the original purchase amount and the rest of the money was transferred under a receipt for repairs. Sometime later the buyer demanded that the money be refunded because the repairs had not been done.

Outcome: We were able to prove that the transaction was a sham transaction. A counterclaim was then filed to apply to the sham transaction the rules for the transaction actually intended by the parties. The enterprising buyer’s claim was dismissed and Tatiana did not have to part with RUB 130,000.

Problem: an election commission discovered inaccurate information and filed an application with the court to cancel the registration of a candidate for head of a municipal district.

Outcome: the application was denied because no such ground is expressly stipulated in the law. The candidate was able to continue pre-election campaigning.