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COMMERCIAL LAW OF THE RUSSIAN FEDERATION

RUSSGROUPE represents interests of national and international companies and individuals during settlement of their legal controversies and disputes through arbitration and trial proceedings in Russian courts and other institutions regulating commercial activity.

Our attorneys and lawyers have proved their professionalism and commitment to the set goals both in Moscow, where most of our clients perform their business operations, and in other regions of the Russian Federation.

The list given below is not exhaustive, covering the key areas we specialize in when counseling our clients:

– termination of agreements and cessation of partnership relations;
– compensation for material and moral damages;
– unfair competition;
– intellectual property, industrial property;
– finance lease;
– labor law;
– borrowing money from banks;
– debt claims;
– administrative control;
– taxation;
– family law disputes involving company owners;
– national and international arbitration.

INSOLVENCY LAW AND BANKRUPTCY PROCEEDINGS IN THE RUSSIAN FEDERATION

Insolvency Law and bankruptcy proceedings in the Russian Federation:

– enforcement proceedings in resolving conflicts between individuals or legal entities;
– receipts and enforcement proceedings;
– enforcement proceedings;
– lawsuits seeking protest dismissal, bankruptcy deferment;
– collective enforcement proceedings, enforcement proceedings involving companies;
– appeal of enforcement proceedings.

TAX LAW OF THE RUSSIAN FEDERATION

Tax Law of the Russian Federation

Our company has extensive experience in consulting and making recommendations for our clients regarding tax law related matters. We can represent clients’ interests when resolving taxation-related issues under applicable tax or customs laws as well as during the reconciliation process in inspectorates of the Federal Tax Service.

If resolving of differences with the above authorities turns out to be impossible and our clients face charges of tax fraud or evasion, we represent their interests in court.

INSURANCE LAW OF THE RUSSIAN FEDERATION

Insurance Law of the Russian Federation
– starting insurance companies and supervising their operations;
– providing comprehensive legal support to foreign insurance companies operating in Russia;
– resolving legal problems pertaining to retirement insurance, health insurance, hull insurance, auto insurance, special insurance, life insurance, accessory equipment coverage, fire or theft risks insurance, and to other types of insurance;
– representing interests of foreign citizens or companies during settlement of disputes with insurance companies.

CRIMINAL LAW OF THE RUSSIAN FEDERATION

Criminal Law of the Russian Federation

RUSSGROUPE provides high-quality attorney services to its clients in the criminal justice field, relying on its vast experience and taking advantage of the completed academic and scientific studies.

Regardless of the stage of court proceedings or pre-trial hearing, our attorneys take into consideration the client’s wishes and, in accordance with them, promptly and actively use any legal means to ensure that the case will be reviewed in a fair manner, including international protection of human rights.

In the even that all the legal means available in Russia for protection of our client’s interests have been used and higher-level remedies are required, we will thoroughly prepare and timely submit an application to the European Court of Human Rights and to the Human Rights Committee. Our attorneys and advisors have been highly successful in international proceedings.

ADMINISTRATIVE LAW OF THE RUSSIAN FEDERATION

Administrative Law of the Russian Federation

– resolution of any legal disputes between individuals and public authorities;
– motions to vacate judgements, ordinary lawsuits;
– indemnity claims;
– appeal against actions of public authorities towards individuals or their property;
– dismissal of legal proceedings in an administrative case.

EUROPEAN COURT

Application to the European Court of Human Rights

Claims for recovery any damage brought to an individual by public authorities of the Russian Federation, which infringed his or her rights guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms, including the protocols thereto.

LABOR LAW OF THE RUSSIAN FEDERATION

Labor Law of the Russian Federation

Our Company provides comprehensive high-quality services in resolution of individual or collective disputes pertaining to labor law, both through negotiations and, if required, through court proceedings or entering into agreements.

Services provided by our Company in the field of labor law and relationships between the employer and the employee also involve issues pertaining to the Laws on Joint-Stock Companies and Limited Liability Companies (including mergers, business transfer or company split) as well as issues pertaining solely to labor law and legal aspects of population employment, conducting negotiations about provisions of the employment contract, employee deployment, termination of employment contracts.

Here, we should mention that we have gained valuable experience in drawing up non-compete agreements, especially those that are entered into by and between top managers and the employer, as well as other similar agreements for non-disclosure of confidential information and performance of job responsibilities. As we have a lot of foreign citizens among our clients, we advise them on such important aspects as hiring foreign employees, social insurance of their families, taxation, legislative and other acts applicable to foreign citizens in the Russian Federation; we also complete all the required formalities relating to employment of foreign citizens in the Russian Federation.

LAWS ON JOINT-STOCK COMPANIES AND LIMITED LIABILITY COMPANIES IN THE RUSSIAN FEDERATION

Russian Laws on Joint-Stock Companies and Limited Liability Companies

Taking into consideration the growing need for legal aid due to the fast changing conditions on the Russian market, RUSSGROUPE offers its clients comprehensive services in the field of corporate law. The list given below is not exhaustive, covering some of the focus areas of our counseling services:
– incorporation of companies with Russian and foreign capital;
– transfer of foreign capital to Russia;
– investment incentives;
– restructuring;
– drawing up the company’s articles of incorporation and shareholder (stockholder) agreements;
– procedures pertaining to the operation of the general meeting and the management board of the company;
– winding-up of a company;
– representative office, supplementary office, contact center and branch (subsidiary office) of a company;
– procedures pertaining to stocks and bonds;
– increasing and decreasing the authorized capital;
– purchasing of securities by a company and portfolio management;
– acquisition and sale of companies.

FOUNDATIONS AND ASSOCIATIONS

Operation of foundations and associations in the Russian Federation

Being aware of its social responsibility, RUSSGROUPE gives special attention to this area of activities and invests great efforts both in the framework development and in revitalization of funds, university foundations and associations operating in Russia. We offer our clients any required legal aid and support in their activities in Russia.

INDUSTRIAL LAW RELATED SERVICES

Industrial Law related services

RUSSGROUPE provides consulting services at all stages during implementation of joint projects by Russian and foreign companies. The list given below is not exhaustive, covering some of the focus areas of consulting services:
– preparing agreements on industrial licenses, partnership, stockholders’ equity, sale or allocation of assets, marketing and transfer of technology;
– negotiation procedures;
– taxation of different models of joint operation.

LAWS GOVERNING MASS MEDIA AND SPORTS

Russian laws governing mass media and sports

Taking into account that in the recent years mass media and sports organizations have boosted their activities (especially after foreign investors came into the Russian market), RUSSGROUPE offers consulting services to its clients operating in these sectors.

Our Company provides legal advice to clients during their first and subsequent communication with the Federal Service for Supervision of Communications, Information Technology and Mass Media (on matters pertaining to mass media activities), the Football Union of Russia (on matters pertaining to sports) or other public agencies and institutions, if it is required by Russian laws. Besides, upon the request of our clients, we provide legal evaluation of decisions and actions of management boards and, when required, represent interests of our clients in court when such actions or decisions are appealed and when a respective claim is filed.

RUSSGROUPE provides advisory services on matters relating to legal registration of sports clubs in Russia, selection of strategic partners for foreign investors, free float of shares.

RUSSGROUPE represents interests of its clients in the Football Union of Russia or in FIFA and CAS; clients include sports clubs or athletes whose interests are represented in their legal disputes, including disputes between clubs and athletes or between clubs, or between athletes and their previous or new clubs.

BANKING AND FINANCE

Banking and finance in the Russian Federation.

RUSSGROUPE represents interests of banks, financial institutions, leasing and similar companies, borrowers and lenders in the event of bankruptcy by providing attorney and advisory services. Our services involve project management, consulting or settlement of conflict situation, covering such areas as structured and project financing, syndicated lending, listing shares of foreign companies on Russian and foreign stock exchanges, leasing, financing of shipbuilding and aircraft construction.

The list given below is not exhaustive, covering the key areas we specialize in when counseling our clients:
– business entities, bank transactions, financial organizations and the related activities of administrative and regulatory authorities;
– leasehold relationship;
– factoring;
– credit facility agreements;
– corporate financing;
– property and project financing;
– structured financing;
– international trade financing;
– making and using prof on securities.

CONTRACT LAW

Contract Law of the Russian Federation

RUSSGROUPE provides a complete package of legal services, including negotiations prior to entering into an agreement, preparing a draft agreement/contract in Russian and monitoring the fulfilment of the terms and conditions of the agreement/contract. The list given below is not exhaustive, covering examples of agreements prepared and monitored by our company:
– shareholders’ agreement;
– distributor agreement;
– joint venture agreement;
– franchise contract;
– product supply agreement;
– purchase and sale agreement;
– agency agreement;
– facility construction contracts;
– loan and credit facility agreements;
– license transfer agreements;
– insurance contracts;
– employment contracts;
– management, consulting and service agreements;
-lease agreements.

PATENTS AND INTELLECTUAL PROPERTY

The procedure for obtaining a patent and protection of intellectual property in the Russian Federation

Industrial and communication technologies have been advancing fast, and competition has gone beyond national boundaries, spreading worldwide. The outgrowth of quality manufacturing required that companies interested in distinguishing themselves from their competitors to increase their profits start investing in branding, advertising, research and development. Intense competition entails legal protection of the expected returns on investment in Russian brands, advertising and inventions or gains on unique products or technologies owned and transferred by foreign companies or revenue from services. Protection must be provided both in Russia and at the interstate level.

RUSSGROUPE provides advisory services to its corporate clients on such aspects as submitting of applications for trademark registration in Russia, obtaining of patents for an invention or a utility model, for further manufacturing analog products in Russia; taking advantage of the single computer network of specialized patent bureaus, our Company provides services in settlement (out-of-court or in court) of conflict situations, which may take place if a third party claims the same intellectual or industrial rights.

COMPETITION LAW

Law on Protection of Competition in the Russian Federation

RUSSGROUPE provides advisory services to international companies in Russia on different matters pertaining to competition law. Our Company provides counseling to foreign companies, which request the Federal Antimonopoly Service to prepare reports on the impact their mergers or acquisitions in Russia may have on the competition, and ensures that reports confirm absence of adverse implications for the market after such organizational changes. Relying on our gained experience in this area and profound academic knowledge, we are able to give our clients valuable advice both during examination and discussion of their cases in the Federal Antimonopoly Service and during making decisions on implementation of their organizational changes.

REAL PROPERTY LAW

Real Property Law in the Russian Federation

– claims for registration and deregistration of the title to real property;
– using a real estate property as a collateral (mortgage) under supervision of the attorney;
– legal procedures regarding land lots;
– claims for partnership termination;
– purchasing land lots;
– purchasing apartments;
– acquisition of industrial facilities;
– mortgage procedures;
– cadastral procedures;
– land lease;
– intended purpose of a land lot;
– privatization;
– real property appraisal;
– verification of real property title registration.

TRAFFIC LAWS

Traffic laws and regulations in the Russian Federation

– notices and claims regarding motor vehicle accidents;
– claims for cancellation of fines for violation of the Road Traffic Regulations;
– claims for damages caused by the motor vehicle accident;
– participation in resolution of disputable situations pertaining to auto insurance;
– participation in hearing of criminal cases initiated after motor vehicle accidents.

TOURISM LAWS

Tourism laws and regulations in the Russian Federation

– hotel lease agreements;
– hotel management agreements;
– examination of the actual condition of a hotel and identification of its legal status during preparation of the project involving the hotel;
– lease agreements for hotels based on the model “build-operate-transfer”;
– investment in the hospitality business and financing;
– setting up of a travel agency;
– setting up of a travel operator;
– obtaining licenses for operation in the tourism sector;
– representing interests (opening of a representative office) of foreign hotels in Russia;
– adjusting to the Russian tourism laws;
– participation in hearing cases in the Russian Federation regarding Russian tourists;
-representing interests of tourism associations and organizations in Russia.

ENERGY LAWS

Energy Laws in the Russian Federation

Attorneys and advisors of RUSSGROUPE have extensive academic knowledge and experience in legal matters regarding investment in the power industry, acting in the line with the national policy of the Russian Federation (offering not only the world-recognized model “build-operate-transfer”, but also other models of project financing and implementation, which are used in Russia). They offer comprehensive and detailed counseling on legal aspects to foreign private and public companies operating in the Russian Federation.
When required, RUSSGROUPE offers its clients detailed counseling on legal and property matters regarding oil and gas pipelines, electric power plants as well as on obtaining licenses for conversion of solar and wind energy into electric power, on organizational changes (mergers and acquisitions) in the energy sector, and on privatization auctions for power distribution grids in Russia.
In addition, RUSSGROUPE provides legal advice on mining operation matters, such as obtaining permits to explore and develop mineral deposits in the Russian Federation, transfer of permits, rights of the state, organizational changes (mergers and acquisitions) in the ore mining industry.

CONSTRUCTION LAW

Construction Law in the Russian Federation

RUSSGROUPE provides advisory services to real property owners in Russia and to investors who are interested in property transfer and management (mainly, regarding commercial property); it also provides services involving application to administrative agencies and completion of the required procedures. The list given below is not exhaustive, covering the key areas we specialize in when counseling our clients:

– projects in construction of apartments buildings;
– participatory construction procedures;
– registration of the title to property;
– lease agreements;
– mortgage;
– purchasing of real property by foreign investors;
– procedure of alienation of real property to the state;
– construction agreements, work and labor contracts;
– registration in the self-regulatory organization (SRO) and practical aspects pertaining to SRO membership.

FAMILY LAW

Family Law in the Russian Federation:

– cases of divorce by mutual consent of the parties or cases of non-consent divorce;
– property division during a divorce; divorce settlement regarding the movable and immovable property acquired during the marriage; registration of the rights to property;
– divorce related suits for alimony or compensation, imposing of interim measures;
– cases of child custody and legal guardianship;
– claims for marriage permits;
– recognition of divorce decrees in the Russian Federation, if such decrees were issued by courts of other countries, and their enforcement;
– divorce, attorney services.

SERVICES IN REPRESENTING INTERESTS IN THE RUSSIAN FEDERATION

1. Providing services in finding and selecting companies to import and distribute your products in Russia. Establishing contacts with the prospective companies and introducing them to your products. The preliminary work will result in a shortlist of selected companies (including their address and all the required contact information), which took an interest in your products, so that your company could send them an offer for supplying products to Russia.

2. Doing market research and finding Russian importers/distributors of particular products. Conducting preliminary negotiations with the selected companies and shortlisting the companies interested in the target products; sending offers for product supplies. Conducting negotiations about entering into respective agreements.
3. Making arrangements for negotiations of agreements and transaction details in our Russian office where we have the setting required for this type of procedures.
4. Preparing presentation materials in Russian or translated into Russian as well as specifications and documents proving the quality of the products offered for promotion or for sale.
5. Upon the request of the customer – a foreign company, issuing or receiving commercial proposals and invoices.
6. Participating on our own (acting as a representative) or together with the client in negotiations of products supplies; transferring offers (orders); preparing agreements and entering into agreements (or providing assistance).
7. Providing assistance in finding transportation companies, in entering into shipment or charter transportation agreements, in supervision of handling operations.
8. Providing assistance in preparing financial documents and making estimates during negotiations (bank letters of credit, etc.).
9. Providing assistance and monitoring customs procedures in Russia.
10. Taking part in fairs and exhibitions held in Russia; making product presentations.
11. Introducing and submitting product samples to Russian importers (distributors).
12. Submitting product samples to the respective organizations for examination and testing.
13. Monitoring the process of issuance certificates by the respective Russian authorities, including certificates of conformity to standards and other documents; translation of the required business, legal and scientific documentation, etc.
14. Monitoring the process of preparation and issuance of payment, shipping, customs and other documents.
15. Upon the request of the client, providing other representative services and/or performing functions of a Moscow-based office for communication and contacts.
16. Assessing the preparedness of a company for exporting products to Russia.
17. Assessing the sales potential of the new products on the Russian market; identifying favorable conditions for transactions.
18. Assessing risks associated with supply of products similar to well-known brands to the Russian market.
19. Developing a strategy of entry into the Russian market.
20. Identifying would-be consumers and product promotion channels on the Russian market.
21. Preparing agreements and conducting correspondence in Russia.
22. Carrying out different types of work in selling products: from submitting commercial proposals to delivery of products.
23. Assessing the reliability of the Russian company selected as a business partner.
24. Preparing a merchandize catalog in Russia.
25. Prompt finding of reliable consumers of the target products; providing the customer with the correspondence conducted through different communication channels and with a detailed completed work report.

PROCEDURE FOR APOSTILLE CERTIFICATION IN THE RUSSIAN FEDERATION

RUSSGROUPE provides services in translation of any Russian official documents into the language of the country where the documents will be submitted for authentication or any other purposes. Translated documents are provided with a certified apostille (apostilles are affixed at the Ministry of Justice of the Russian Federation):

– affixing an apostille to court decrees;
– affixing an apostille to documents translated in Russia;
– affixing an apostille to Russian documents

TRADEMARK REGISTRATION IN THE RUSSIAN FEDERATION

Prevent producing copies of your products in Russia!

Development and worldwide spreading of manufacturing technologies create favorable conditions for similar products or services coming into the Russian market.

The trademark intended for registration is thoroughly studied by experts of RUSSGROUPE, and if, in their opinion, the trademark is qualified for registration, the application to the respective organization is prepared.

Registration of a company’s trademark is very important for protection of products or services sold or provided under the company’s name.

In the event of trademark counterfeiting or manufacturing products having similar brand name, the company that registered its trademark has significant legal preference in resolving the conflict situation.

The trademark registration process generally lasts one year from the day of submission of the application.

RUSSGROUPE strongly recommends using its services for registering trademarks.