Projects and experience
St. Petersburg, Kaliningrad, Tallinn, Republic of Estonia
The resolution of a dispute in the Arbitration Court of St. Petersburg and the Leningrad Region between two companies from Europe ended with in one session by the reason of its complete termination. In response to our dismissal of a given claim, the Defender agreed immediately and fully pays back the whole debt to our Client from Tallinn, Estonia. The decision to made non-conditional payment of the debt was made by the Respondent immediately after satisfaction of the Arbitration Court of St. Petersburg and the Leningrad Region of our application on imposition of interim measures by means of arresting his ship, located at the time of the trial in Russia, in the seaport of the city of Kaliningrad.
As a result of our prompt actions to receive a court decision confirming an existence of a monetary claim of our client to InterTorg, LLC (owner of Family name chain of food stores) and implementation by our specialists a set of measures to include it into a log-list of current payments in a process bankruptcy of this organization, specified debt was fully covered by the debtor. The entire procedure for judicial confirmation of the existing debt and execution of the court decision was carried out within only six months.
Helsinki, Strasbourg, France
The European Court of Human Rights in Strasbourg accepted for consideration the complaint of our principal against the Republic of Finland. In a statement sent to Strasbourg in December 2020, our experts pointed out on procedural mistakes made by the courts of the Republic of Finland during national proceedings. The acceptance of a complaint for proceedings testifies a high level of professionalism of our specialists in the course of performing given task, in addition, the acceptance of the case by the court for proceedings made it possible to suspend enforcement proceedings in Finland.
St. Petersburg, Moscow, Riga, Republic of Latvia
Timely appeal of an entrepreneur from Riga, Latvia for legal advice to our law firm, processing by our specialist’s analysis of details of a corporate conflict, determination of a legal status of our client and deep research of judicial practice made possible to create a right strategy for our new case in progress. Evidences of the Defender’s bad faith presented with a given statement convinced the judge, who accepted a claim for proceedings to satisfy our application on imposition of interim measures. Later, in connection with filing of another lawsuit and submitting a statement to law enforcement body, a corporate conflict aroused was resolved by signing a settlement agreement by the both parties.
Unwillingness of the owners, manager and lawyers of a large construction company specializing in construction of railway lines to prepare for incoming bankruptcy, determine the strategy of action and build a line of protection for company management led to extremely bad consequences for their principals. As a result of our work on search and seizure of property previously owned by the debtor enterprise, a transaction of sale of an elite apartment to one of the employees of this enterprise was challenged by the court.
As a result of activity of our specialists, the Arbitration Court of St. Petersburg and the Leningrad Region satisfied two claims for recovery of funds from OAO Metrostroy (a monopoly for construction of underground railway network in St. Petersburg, in a state of bankruptcy at the moment) in a favour of one of its contractors. Since the debt, now confirmed by the court decision, relates to current payments in bankruptcy case of OAO Metrostroy, we have begun to enforce the decisions and hope to get indicated amounts in full soon.
The term for considering a commercial dispute, which DCO, LLC specialists managed to delay for more than two years, became a real obstacle to actual recovery of a debt in the amount of more than 80,000,000 rubles from our client. In view of expiration of the deadlines for challenging transactions during this time, a good faith of actions of a top manager of the debtor, implementation of number of other measures, there are no grounds for introducing bankruptcy proceedings against the debtor organization. The key factor in excluding the company with such a volume of debt from the state register was timely application of a client to our law firm, as well as the successful application of delay strategy by our specialists.
St. Petersburg, Moscow, Skolkovo
Not only a head of a company-debtor, but also its real beneficiaries, including the company registered and operating in Skolkovo Special Economic Zone near Moscow, were brought to subsidiary liability for the company’s debts. The most important achievement of this project is that the beneficiaries identified during the bankruptcy have already paid our client a main part of the debt, and settlement agreement signed with them and approved by the court guarantees its full repayment within 2022.
St. Petersburg, The Republic of Cyprus
Thanks to our appeals to an investment company, engaging in placement and investment of its clients’ funds into securities at the Russian and foreign securities markets, a conflict situation aroused due to that the investment company failure to fulfill its obligations to return of a large amount of a deposit in foreign currency and interests to our Client has been successfully resolved. Correct negotiations with the company management both in Russia and Cyprus, filing a pretrial claim and processing other formalities preceding the trial convinced the investment company to pay off all the debts owed to our Client voluntary in full.
Comprehensive support of a bankruptcy case with the participation of our Client — an owner of several business centers in St. Petersburg, allowed specialists of DCO, LLC law firm to refuse challenge of a number of transactions made in a process when he as an investor financing construction of a large construction project. The total amount of contested transactions in several claims filed at the Arbitration Court of St. Petersburg and the Leningrad Region was about 35,000,000 rubles. All court decisions of the first instance made in a favour of our Client kept safe and remained in force both at the courts of appeal and cassation.
St. Petersburg, Krasnodar region of Russia
The peaceful agreement of the parties ended a litigation, proceedings on which in the Arbitration Court of the Krasnodar region of Russia lasted more than three years. At the initiative of our specialists, the agreement of the parties was signed already at the court of appeal and completely satisfied both disputing parties.
Arrest of real estate in St. Petersburg and exclusion of all creditors affiliated with a debtor from a list of bankruptcy creditors ended supervision procedure in the bankruptcy case of a large construction company. Activity on collection of the bankruptcy estate, procedure of sale of the arrested real estate, bringing to subsidiary liability former managers of the debtor, a management company and other controlling persons of the debtor will be completed by our partner — an arbitration manager from members of the self-regulatory organization, the Union of arbitration managers «Northern Capital».
Experience of participation of DCO, LLC law firm specialists at the bankruptcy case of Metrostroy OJSC subsidiaries is still developing. If in 2018 our work led to termination of a bankruptcy procedure of one from these subsidiaries and conclusion of a peaceful agreement by its creditors, which made possible to complete construction work at several stations of the St. Petersburg underground, then in 2020 the situation is much worse and does not allow processing any recovery procedure. The task of our law specialists now is connected only with minimizing of negative consequences of a bankruptcy of another subsidiary of the monopolist, since the lack of financing on behalf of the city and state budget for construction and developing of underground network in St. Petersburg will lead to introduction of bankruptcy proceeding in relation to OJSC Metrostroy itself already in the nearest future.
With the support of DCO, LLC law firm, our colleague, one arbitration (insolvency) manager from the members of the self-regulatory organization, the Union of arbitration managers «Northern Capital», managed to prove validity, legality and reasonableness of all his actions performed during of execution of duties of the insolvency manager in one bankruptcy case. The initiator of the claim against the manager was the Russian Post OJSC, which is also one from the creditors in this case. The Arbitration Court of St. Petersburg and the Leningrad Region recognized the claim of the Russian Post OJSC to recover from the arbitration manager an amount of 310,740,318 roubles 55 kopecks of damages completely unreasonable. The courts of appeal and cassation have left the decision unchanged, therefore, at the beginning of 2021, an application will be submitted to the Russian Post OJSC to recover from this organization all court expenses of the arbitration manager.
St. Petersburg, Chisinau, the Republic of Moldova
Our final success of year 2020 was recognition by the Arbitration Court of St. Petersburg and the Leningrad Region of the claim of our client from the Republic of Moldova in full. The court not only satisfied basic claim at the amount of more than 180,000 euros, but also upheld and satisfied our additional request addressed to a Defender to cover penalties at the total amount of 65,000 euros. The decision made by the court was not appealed by the Defender, already came into legal force and executing now.
St. Petersburg, Leningrad Region
As a result of active work of specialists of our company, the largest poultry farm in the Leningrad Region recognized and paid off a debt for implementation of design, construction and installation works provided by our customer. A lawsuit filed as part of non-payment for construction works was fully satisfied at the first hand, therefore, the dispute regarding repayment of debts for development of project documentation ended with a peaceful agreement initiated by the defendant itself. It should be noted that conclusion of the peaceful agreement helped the poultry farm to avoid additional costs and penalty payments.
St. Petersburg, Moscow
During monitoring procedure, introduced by a request of our customer, an acting creditor in the bankruptcy case, we detected reasons of insolvency of a debtor, the date when insolvency appeared, and also determined circle of persons who’s controlling the debtor, including not only its former director, but also number of organizations associated with the debtor. In order to save our customer’s resources, the bankruptcy case had been terminated, but we filed a lawsuit to bring to a subsidiary liability both the former director and those who gave him instructions as well as organizations which used the debtor’s one for reducing taxation and avoiding settlements with the creditors.
During monitoring procedure all assets of a director of a debtor company had been seized, and he himself sued for damages for fraud which led company to bankruptcy. These actions carried out in a process when DCO, LLC law firm was executed a contract with an international logistic operator for providing to it legal services to support bankruptcy case of one of its unscrupulous suppliers. Later at the hearing held in the Arbitration Court of St. Petersburg, the claim stated by our customer were fully satisfied, the CEO of the debtor company was brought to personal liability and reimbursed to cover losses of the creditors at amount of more than 12 million roubles by his own funds.
Already third year the Arbitration Court of St. Petersburg and the Leningrad Region is processing a bankruptcy case in which creditors and trustee try to challenge transactions conducted between the debtor and our customer. All this time our specialists have been able to block all attempts to dispute and until now proved validity of all committed transactions and payments made. Using this opportunity, we also draw attention of both owners and top managers to be particular caution and check thorough in advance any transaction between your company and organization which has even a small sign of insolvency.
St. Petersburg, Moscow, the Republic of Tatarstan
Thorough approvals, papers check out, and full control were required for accompanied by our law firm of a test of cable production manufactured by an international cable production concern at a plant located in the Republic of Tatarstan. Particular difficulty of this project made the plant, which received our customer’s cable products for testing, because of it was under monitoring procedure. Nevertheless, as a result of our work performed, the plant was able to load its capacities and make settlements with tax office and its employees on wages, and our customer received necessary testing certificates and sent certified products to a destination point for execution of the state order.
Result of the work executed by specialists of DCO, LLC law firm during several years was summed up by the Arbitration Court of the North-Western District. Judicial board consisting of three judges did not take into consideration a single argument of the opponent’s cassational appeal submitted exclusively for the purpose to annul peaceful agreement concluded by the share-holders, bankrupt manager and bankruptcy creditors of a big construction company. This decision finally completed the company’s exit from bankruptcy state and will allow the management of this company to continue the enterprise activities in full, including construction work under government orders.
Including creditors in the register and then consecutively directing to the lawsuit evidence, materials, court practice as well as professional explanations of our experts during court sessions allowed convincing the court to agree to arguments of our party. Result of the work done is excluding from the debtor’s register of creditors the debt amounting to more than fifty million rubles for construction work executed and establishing our customer’s total control over the bankruptcy case of the construction company – general contractor of the shopping center under construction.
St. Petersburg, Moscow
As a result of joint work of the arbitration administrators, lawyers and experts of DCO, LLC law company, bankruptcy case of a big Saint-Petersburg construction company has been completed. The process that lasted for almost four years and required processing of a huge volume of work is finally over. Despite all complications which arose in the course of this project performance, changes in the composition of judges in the case, all obligations to our Client taken by our law company have been fulfilled in full, fairly and in good faith.
According to the analysis performed by the newspaper “Business Petersburg” of the bankruptcy cases completed by the Arbitration court of St. Petersburg and the Leningrad region, the peaceful agreement between the creditors of the Joint-Stock Company “SMU 20” concluded with direct participation of specialists of the DCO, LLC law company was included in the list of the ten best ones in St. Petersburg in year 2018. The discount to which the creditors of the debtor agreed and which was 75% of each creditor’s indebtedness allowed saving the enterprise. Now the company continues its work in St. Petersburg’s building market.
St. Petersburg, Moscow, Milan, Helsinki
Due to the effort of the team of the leading specialists of the DCO, LLC law company the project connected with corporate transformations and deals with immovable property of the international concern “*** Group” in the Russian Federation’s territory was fully completed. The management of the concern having divisions in 50 countries of the world, 91 plants and more than 20 thousand employees thanked the personnel of our company for the perfect performance of the task and announced continuation of increasing its presence in Russia. On the results of performance of the present and previous tasks, the DCO, LLC law company was elected the leading consultant of the Russian division of the international giant.
St. Petersburg, Moscow region
Within the limits of its international activity the DCO, LLC law company executed an assignment to perform a due diligence of the situation having arisen at a big manufacturing enterprise near Moscow. Suspicions of the foreign owners of the concern-owner of the company in Russia were fully confirmed. Activity of unscrupulous managers of the Russian company of the concern had resulted in substantial damages for the company. The task of our working group of the project included determining the reasons and consequences of the event, revealing a circle of persons involved in the unscrupulous actions as well as defining further actions of the management of the company.
St. Petersburg, Moscow
During a couple of years our company has fully conducted the case of bankruptcy of a big building company in St. Petersburg. This complicated and multi-aspect project requires from our specialists performance of investigations, examination of practice and special norms of the legislation as well as application of new methods and approaches for solving complicated and unusual situations. Nevertheless, by our estimation, the project is coming into its final stage and in the nearest future we will be able to inform our client of its successful completion.
St. Petersburg, Veliky Novgorod, Murmansk
Throughout this project our specialists implement a set of measures to secure rights and protect legitimate interests of a former Director General of the building company. One of the biggest creditors of the company filed a claim at court for asking the former Director liable for all debts of the whole company. The claim is under processing at the Arbitration Court of Novgorod region of the Russian Federation already several months, but we still hope in our client’s success in this complicated case.
St. Petersburg, Moscow, Helsinki
Our specialists continue an assignment for preparing a transfer outside the Russian Federation of shareholders’ funds, received from sale of assets and property of the company in relation to which the decision of voluntary liquidation which was adopted. The using of international governmental treaties and mechanisms of avoidance of double taxation will make it possible for international holding company to set-off tax payments in Russia and reserve substantial amount of profit for new making investments into the other region of our country.
St. Petersburg, Moscow
A little more than half a year took specialists of our company for successful completion of a large-scale deal of selling an object of industrial immovable property in the north of St. Petersburg. Acting as one team with our partner and our client we achieved a needed result and performed the deal of sale of immovable property in conditions of law demand for such objects. Special complicity of this operation with immovable property lied in attraction of credit resources, presence of foreign companies as participants of the deal as well as the necessity to execute a number of documents beyond the borders of the Russian Federation.
It is the second year as specialists of the law firm DCO, LLC have successfully performed complex work connected with restoring the solvency of a big building company. It is important to point out that just our team managed to convince creditors and the court to make the decision to save the company and its assets. The result of the work performed in the course of this project allows hoping that the company having been an unconditional bankrupt still will be able to proceed with its activity in the normal course.
St. Petersburg, Moscow, Helsinki
In connection with sanctions and changes in entrepreneur activity in Russia more and more requests of our clients are connected with legal problems arising for entrepreneurs from Russia in the territory of the Republic of Finland. That is why we still more actively carry out our work beyond the borders of Russia as well as have gained additional experience in arresting objects of foreign immovable property, presenting them as an indemnity and alienating them in favor of third persons within short terms.
St. Petersburg, Moscow
On 7th December, 2016 the Arbitration court of Moscow, having completed the investigation of all the materials and proofs on the case, denied the State Corporation “Agency on Insuring Deposits” the suit brought against our client about impugning the deal connected with settlements on supply of equipment for oil and gas industry. The demand to return an amount of about one million euros threatened not only fulfillment of state orders but also existence of one of successful companies of St. Petersburg. We hope that competent courts of high instances will not change the decision already made on the case.
The effort of the opponents to hinder work of our specialists in the course of conducting the case of bankruptcy of a building company ended in a fiasco. The court made the decision stating that complaints and subsequent applications of acknowledging the debtor’s deals invalid are ungrounded. Besides, the court collected court expenses from the applicant. The incompetent advocate representing the said applicant in the court did not possess knowledge of legislation provisions on bankruptcy and not only allowed financial losses to his principal but also broke his plans and strategy within the limits of another case of bankruptcy in Moscow.
As a result of joint work of Helsinki and St. Petersburg offices the transaction on real estate property rights transfer on the territory of a country adjacent to Russia has been closed. The specific feature of this seemingly simple transaction is a thorough security of the best interests of the creditor located in the Russian Federation by the debtor’s assets registered abroad. In order to ensure accurate execution of all transaction formalities the control over the whole procedure was performed by Mr. Kari Silvennoinen, licensed attorney, Deputy Judge, the Head of the office in Helsinki, Finland.
St. Petersburg, Moscow, United Arab Emirates, Israel
According our practice, most complicated cases are those related to the establishment of inheritance rights. At the beginning of 2016 we had opened an inheritance file and still continue to find our customer’s inheritance assets, to establish its market price and to work on its registration and acceptance by an heir from Israel. At the same time we are also advising a client from the United Arab Emirates on inheritance matters concerning the victims of an aircraft accident that occurred at the territory of the Russian Federation.
St. Petersburg, Moscow
The specialists of law firm DCO, LLC are performing integrated work on several large production companies’ bankruptcy cases in St. Petersburg Arbitration Court. Depending on a client’s request we either provide legal support of a debtor or work in the best interests of a creditor. During only a few months of year 2016 our legal support within one of the cases has helped to return more than 150 000 000 rubles back to the assets of a bankrupt company, to forfeit and bring to administrative liability the insolvency officer. We are currently continuing legal actions in order to bring the debtor’s former director to justice as well.
St. Petersburg, Moscow, Helsinki
Our company has fulfilled initiating of the bankruptcy procedure, seizure of property and assets including shares in daughter companies etc. in respect of a big supplier of oil products from Moscow. Violating business ethics and hiding themselves from a number of their creditors including law firm DCO,LLC directors of this big Moscow company closed their office in Moscow and transferred it to one of distant regions of Russia. Besides various measures within the limits of the Russian Federation’s current legislation, we have included the directors of this business into the international list of persons with whom cooperation is not recommended.
St. Petersburg, Moscow (Russia), Tallinn (Estonia)
Almost for two years our company has defended interests of a big industrial company from Estonia in the course of appealing in Russian courts against the decision of the International commercial arbitration court at the Russian Federation’s Chamber of commerce and industry. Our partner in activity on this case is the law company «Aavik and partners» from Tallinn which, like DCO,LLC, has been a member of the international law association «World Link for Law» already for many years.
Two major insolvency procedures, which have been being led by our company for about a year, help to develop the professional expertise of our specialists. Our work on the behalf of the bankrupt during the first process has contributed to the initiation of bankruptcy proceedings and submission of claims to the debtors of the bankrupt, which will help to receive financial resources and to cover most of the creditors’ claims. Due to the experience of fair and responsible work on the behalf of the largest creditors in the second procedure we succeed in immediate detection of illegal actions of the Insolvency administrator and prompt prevention of attempts to reduce assets of a bankrupt.
St. Petersburg, Moscow
Legal proceedings in the Moscow Arbitration court have ended up with the Investigative Committee of Russian Federation’s total release of civil claims to our Client. Our position in the action, the statement of the third party (the Ministry of Construction of the Russian Federation), as well as our leading lawyer’s diplomatic style of communication with her counterparties from the opposition has helped to convince the chief officers of the Investigative Committee to waive their claim to our Client due to the lack of prospects in the action and high risk of reimbursement of the claim costs.
St.Petersburg, Sochi, Krasnaya Pol’ana
The preliminary check-up, entering by specialists of our company of additions and alterations in the course of the parties’ signing the agreement of supplies of a significant batch of electronic equipment to objects of the Winter Olympic Games 2014 made it possible for our Customer to initiate a judicial process and bring a claim against his contractor to the Arbitration court of St.Petersburg and the Leningrad region. Complicities in the substantiation, lack of documents, the Defender’s position and the judge’s formal attitude to the consideration of the case resulted in the loss of the dispute. Nevertheless, in the course of the consideration of the case in the Court of Appeal the judges of the Thirteenth Arbitration Court of Appeal agreed to the arguments presented by us and fully cancelled the Decision of the court of first instance.
St. Petersburg, Moscow
In spite of all efforts of lawyers of a big Moscow bank the judge of the Arbitration court of St.Petersburg and the Leningrad region rejected all the claims brought against our Customer, a big production company of St.Petersburg. The dispute initiated by the bank already in spring, 2014 in Moscow was brought first, by our specialists’ application, to the Arbitration court of St.Petersburg and the Leningrad region for examination. Later here, in St.Petersburg, in the court of first instance the dispute was concluded with the full rejection of the claims brought by the bank.
St. Petersburg, Moscow
It has taken our specialists more than a year so that one of the biggest building companies of Moscow acknowledges the indebtedness of its daughter company situated in St. Petersburg to our Client. The outlook of bankruptcy, possible losses incommensurable with the debt amount forced the builders from Moscow to conclude a trilateral agreement of bail and begin paying off the debt of its daughter company according to the schedule agreed by all the parties.
St. Petersburg, Moscow, town of Ozersk of the Chel’abinsk region
The main purpose of the due-diligence of the investment object was to provide the Client with an unbiased and independent opinion of this object, of the level of legal risks related to it as well as ways of their decrease. The task on fulfilment of such investigation was substantially aggravated also by that the object of our Client’s investment interests was situated in a closed territorial formation.
Nevertheless, the task was completely fulfilled and the variant of performing investments using the mechanism of joint activity proposed in the course of the defence of the project has been already approved and is being discussed by the future partners, participants of the joint activity.
Careful control over the process in the course of the court examination allowed the specialists of the company «DCO» to reveal judicial errors. Due to their experience the specialists prepared a well-grounded application to stop of execution of the court decision to the Federal Arbitration court of the North-west district. The work performed resulted in the Decision made by the court of the third instance to satisfy the application made by our Client.
The new turn in the case became a surprise to the opposite party which believed that the case had already been decided in its favour.
In spite of counteraction of the arbitration manager, debtor, inimical group of creditors after a long opposition of the parties (in the course of which handwriting expertises, questionings of witnesses, examination of documents and evidences on the case were made) the judge of the Arbitration court of St. Petersburg and the Leningrad region agreed with arguments of our company’s lawyers and included our Client into the register of the debtor’s creditors.
The indebtedness of more than 150,000,000 roubles will make it possible now to have full control over the process of the debtor’s bankruptcy and prevent illegal actions on concealing assets belonging to him.
Eastern Siberia, Irkutsk
Due to excellent work of specialists of our general partner in Eastern Siberia, the company «Bureau Lawyers of Irkutsk», their accurate interaction with the director of the project from our office in St. Petersburg the judge of the Arbitration Court of Irkutsk region acknowledged the Decision of the Federal Antimonopoly Service of the Irkutsk region made earlier. First the State Federal Antimonopoly Service and now also the court took our part in the course of the investigation on claims in respect of violation of the antimonopoly legislation brought by an unprincipled competitor against our Client engaged in supplies of equipment to enterprises of the oil and gas industry of Eastern Siberia. The judgement of dismissal fully excludes any violation on our part and confirms honesty and lawfulness of our client’s actions in the market of special equipment supplies.
St. Petersburg, Moscow
The law firm «DCO» being a participant and intermediary, a large-scale conflict between two building companies has been successfully solved. Practically simultaneously, in the course of the performance by the parties of the reconciliation schedule more than ten court cases of the client were completed. Besides, participation of professional lawyers was conductive to not only termination of disputes but also to re-establishing of business relations between these companies. The defendant-company choses its former partner as the winner as the price and term of performing the construction order turned out to be the most interesting.
St. Petersburg, Moscow
Non-fulfilment by a Developer known on the building market of Moscow and St. Petersburg of his obligations on paying for construction work already performed on the territory of Moscow resulted in worsening of the our Client’s financial position. The plan of work with payables developed and realised by specialists of DCO,LLC as well as the court examination with the Moscow debtor initiated by us helped to avoid possible bankruptcy. Now our Client has got the opportunity to continue his work on other projects and a delay in payment of debts, and in the nearest future the debtor’s financial resources collected by the court shall be transferred into the Client’s bank account. It should be noted specially that, having examined all the circumstances of the case, the court took the decision to increase the amount of the debtor’s main indebtedness by the amount of penalties and fines for the delay in the fulfilment of the obligations undertaken by the debtor.
A long-time opposition of our specialists to representatives of a Moscow legal firm had resulted in that DCO,LLC suppressed the attempt of an illegal claim for money brought against our Client, a foreign company performing its activity in St. Petersburg. In the course of the case that had lasted for more than one year the decision was made that it was necessary to apply to the police of Moscow and St. Petersburg that a crime had been committed as well as to attract the policemen to participation in the arbitration process. Enormous work was done during the process: witnesses on the case were found and questioned, handwriting and criminalistics expert examinations were performed which resulted in that the judge of the Arbitration court of St. Petersburg and the Leningrad region made a decision confirming groundlessness and, above all, illegality of the claims to our Client. The decision, other materials of this case including audio records of the court questionings and the information of the persons representing the Claimant have already been presented to the policemen for their use in the course of the further work on revealing the economic crime committed against our Client.
St. Petersburg’s Committee on Managing State Property (KUGI SpB) was refused three similar claims for payment of penalties under agreements of lease of state property examined in the Arbitration court of St. Petersburg and the Leningrad region in July, 2013. The judges of the Arbitration court who had examined the indicated cases quite independently of each other equally estimated arguments, proves and explanations of our specialists representing interests of the lessee, the company managing state immovable property.
Disputes connected with lease of state property are always the most difficult in all aspects as agreements of lease concluded by KUGI SpB contain provisions aimed at protection of state interests and not of interests of state property lessees.
St-Petersburg, West Siberia, Tyumen
Specialists of the company «DCO» took part in the procedure of dismissal of the director general of a big production company in the town of Tyumen (West Siberia). The decision to dismiss him has been taken by the direction of the holding in St-Petersburg in connection with non-fulfilment by the director general of the Tyumen company of instructions of the founders of the company and out of business transfers of money resources to third persons’ bank accounts.
The procedure of dismissal had been planned by our specialists and included a number of measures in St-Petersburg and Tyumen taken simultaneously. The practical realisation of the dismissal of the director general was performed by a working group of our specialists, our Client’s specialists on security, human resources and auditors. At present a police examination is being carried out in respect of the activity of the former director general. Besides, in the nearest future he will be summoned to the Arbitration court on the claim for his compensating for damage caused to the company of our Client.
Our company has begun a judicial project on defence of interests of a big agricultural producer engaged in producing and growing of salmon and other precious types of fish. Supplies of low-quality fish feed made by a well-known European producer resulted in mass loss of fish livestock in one of fish farms of our Client situated on the territory of the Leningrad region. The Russian intermediary, Supplier of the feed, refused to compensate for the damage counted in millions of roubles.
At present our lawyers and technologists of the fish farm have performed big work on preparation for court examination and filed a suit for dissolving the agreement in connection with the supplies of the low-quality feed. Provided this suit develops successfully, the second suit for full compensation for the damage will be filed against the Supplier or the European producer, as well as a demand will be presented for suspension of import onto Russia’s territory of fish feed produced by this well-known European company.
A regular unexampled Decision made by the judge of the Arbitration court of St. Petersburg and the Leningrad region on 21st August, 2012 proves importance and expedience of contesting decisions of the tax authority. In view of that the court declared unlawful and not subject to execution the decision of the tax authority, the amount of 402,000 roubles (about EUR 10,000) spent by our Client for legal assistance in the course of the judicial dispute with the Administration of the Federal Tax Authority is payable on account of the Federal budget of the Russian Federation.
On the court setting held on 5th July, 2012, after thorough examination of all the circumstances of the case the judge of the Arbitration court of St. Petersburg and the Leningrad region accepted our position on the case refusing the other party its claim for a considerable amount of money. The positive decision was made in spite of all the attempts to influence the court, protract and entangle the case, distort substantial facts and even in spite of that a declaration of evidences falsification was pronounces in the court.
The strategy of conducting the case, tactical decisions, procedural documents and, finally, the excellent concluding speech of the specialist of our company at the final court session decided the outcome of the judicial process in favour of our Client.
Due to the team work of the whole St. Petersburg office of our company, on 30th May, 2012 after 5 hours of the final session on two cases simultaneously the Kalininskiy Federal court of St. Petersburg made a court decision in favour of the Client having applied to us for legal services. The administration and shareholders of the Client’s company (one of the private companies of our town) are satisfied very much with the co-operation with us and thank the project manager of the company «DCO» who co-ordinated the work on this judicial project. In their opinion, the project team has excellently coped with their tasks both in the course of the court sessions and in the course of the work on defining the tactics of conducting the defence on the case, searching for and instructing witnesses, processing procedural documents, which finally caused the victory in the court.
On 2nd February, 2012 the panel of judges of the Thirteenth Arbitration Court of Appeal made the last and closing Decision on the dispute of one of our Clients with the tax authority. The judicial dispute that had lasted for more than one year was fully lost by the tax authority. All taxes, penalties for the delay in their payment and fines were cancelled by the court in the course of the judicial investigation.
The unprecedented circumstance of this case was the fact that the Arbitration court of St-Petersburg agreed with our arguments already before the beginning of the investigation on the case and took provisional measures suspending transferring money resources off our Client’s bank account in a favour of tax office. This allowed our Client to perform his activity in the usual way as the team of specialists of our company conducted the judicial dispute.
St-Petersburg, Kotka, Helsinki (Finland)
Joint work of barristers from Finland and Russia resulted in that the district court of the town of Kouvola, Finland (Kymenlaakson Käräjäoikeus) in the course of the session on «***» January, 2012, right in the courtroom released from custody citizens of the Russian Federation detained on suspicion of committing a crime on Finland’s territory.
The indicated persons were held in custody in the prison of the town of Mikkeli, Finland and the accusation of their eavading payment of taxes and custom duties while importing goods onto Finland’s territory was brought against them.
Our specialists’ work for more than one year resulted in solving a conflict situation having arisen in view of the economic crisis of 2008 between our client, a supplier of modern equipment from Germany and a buyer, one of the biggest plants of St-Petersburg.
Long negotiations, execution of additional agreements between the parties resulted in the completion in the end of 2001 of a deal on supply of high-precision processing machines that had been concluded by the parties in 2008. Participation of our professional advisers prevented a judicial process. The machines were adjusted and put into operation by specialists from Germany. The Supplier – our client received the money resources due to him under the contract.
The company «DCO» was a legal adviser of a big Finnish enterprise all 100% of the shares of which belong to the Administration of one of the biggest towns of Finland. This Finnish enterprise is in the process of creating a non-commercial partnership with the State Unitary Enterprise «Vodokanal SPb». On the base of the non-commercial partnership in St-Petersburg its participants will create an international training centre on modern technologies of water purification and environment protection. Activity of the partnership will be part of the international project of Russia and the European countries «North dimension».
Specialists of our company have completed a legal audit of a Russian company with participation of foreign capital. Legal audit is a special procedure taken according to international standards and differing radically from usual financial audit where work of the accounts department of a Client company is formally checked. In the course of a legal audit specialists of various fields of law familiarise themselves in details with corporate, labour and economy documents of the organisation and discover absence of necessary documents as well as possible mistakes and imperfections in existing documents. Many documents are created anew, corrected or completed. Such an audit substantially decreases risks of judicial disputes, corporate and labour conflicts. We highly recommend to use legal audit in order to minimize risks when operating in Russia.
In the course of the complicated judicial dispute on collecting indebtedness from our Client our lawyers and barristers used the tactics of counterattack. Our counterclaim on supply of poor quality goods to our Client was accepted by the judge considering the main case and set for consideration in the same judicial proceedings. The situation on the case has changed radically. Now, the other way round, the contrary part has to prove that the quality of alcoholic products supplied by it to our Client met the standards.
In the course of joint work of specialists of our company and our partners-lawyers unlawful actions were stopped of a credit organization which had kept without a good reason money resources on the settlement account of the organization being our Client. The performed work resulted in that our Client’s account was released and the Russian Federation’s Central Bank began to check activity of the credit organization, a big bank. We recommend when working in Russia to carefully choose a bank for opening an account and effecting other bank operations. Our experience shows that far from all credit organizations strictly observe the Russian Federation’s current legislation and standard acts of Russia’s Central Bank.
Under active participation of specialists of our company a deal was completed on acquiring an object of commercial immovable property in St-Petersburg. The object acquired by our Client includes three land plots and a building of production purpose. The object situated in the northern part of St-Petersburg is connected to the town’s electric and gas networks, has a convenient approach for cars. The acquired object includes a gas boiler-house providing the production building with heat. The acquired immovable property complex is planned for placing a production site and a logistic centre.
St-Petersburg, Helsinki, Finland
Performing joint work in 2009 and 2010 specialists of the Russian and Finnish offices rendered assistance to natural persons residing constantly on Finland’s territory in the course of acknowledging their rights for inheritance on Russia’s territory, dividing property and establishing guardianship over children under age. A number of cases were solved in the judicial order in courts of St-Petersburg and Moscow.
At the desire of the foreign shareholders the administration system was changed at the Russian company, the daughter company of a Finnish concern. The work performed resulted in significant broadening of powers of the Directors’ Board on administering the company, establishment of procedures of control over activity of the director general in Russia, the order of his effecting definite deals as well as the determination of limits of his liabilities to the foreign founders. In respect of some members of the Directors’ Board, foreign citizens, the procedure is being effected of their engagement as highly skilled specialists in work at the Russian company.
The specialists of the St-Petersburg office of our company effected judicial defense of our client, a Russian company, that had applied to us with the request for legal assistance in the course of a dispute with Russia’s taxation authority. In the course of the judicial session initiated by the taxation bodies for acknowledging invalid a number of deals performed by our client the judge of the Arbitration court evaluated evidences and arguments presented on the case by our specialists and rejected the action of the taxation bodies. Thus, the decision of the court acknowledged relevancy and lawfulness of all the calculations of tax amounts paid by our Client.
A complex examination was effected on our Client’s legal position having arisen as a result of several judicial disputes connected with the Client’s participation in a large-scale building project. Directors and shareholders of the company were given necessary recommendations on correct building of the defense policy, the strategy and tactics were determined in respect of legal actions on securing their rights. Assistance was offered for solving the existing situation beyond court procedure- by means of mediation.
St-Petersburg, Helsinki, Finland
At the request of a Finnish shareholder a legal examination was effected on the volume of his rights connected with taking decisions on directing the joint-stock company situated in Russia on St-Petersburg’s territory. The examination was effected in connection with developing the production facility, changing to new products and attracting additional investments from Finland planned for this. The final aim of the legal examination is clear differentiation of the volumes of the Russian and Finnish shareholders’ rights on directing the company, decrease of the risk of arising of a corporate conflict.
Specialists of our office are performing complex legal support of the transfer from the USA of the technology of producing industrial equipment. According to the plan of the technology recipient, a Russian company supplying equipment for oil and gas industry, instead of delivery of the equipment from the USA, production facility has to be organized for assembling this equipment according to the American technology on Russia’s territory. Starting this mechanism is to significantly decrease the final cost of the equipment for the buyer, the quality remaining preserved.
Holding «***», St-Petersburg, Teningen, Germany
Together with partners from Germany we commenced complex research of the parties’ legal rights, obligations and liabilities arising from an international agreement of industrial equipment supplies onto the Russian Federation’s territory. Violations of the provisions of the contract in the course of its fulfillment became the reason of losses of our Client — a big holding company having its central office on Russia’s territory in St-Petersburg.
St-Petersburg, Moscow, Helsinki
Acting together specialists of the Finnish and Russian offices of our firm proceeded to settling the dispute of a Russian client with his Finnish contractor having arisen in connection with building a new object on the territory of central Finland. By the opinion of the Client from Russia, the foreign contractor assigned by him for fulfilling the building work – the Finnish building company «***» Oy – had violated the provisions and term of fulfillment of the building work stipulated by the contract.
OJCS «***», St-Petersburg; CJSC «***», Krasnodar territory, Sochi
On the request of the owner a package of documents has been developed for effecting a deal on alienating real estate objects and shares of a Close joint stock company in the town of Sochi, Krasnodar region. Consulting and necessary correction of the package of documents was effected in the course of signing the documents by the owner and the buyer’s representative. Together with the owner’s specialists an audit was effected of the company’s economy activity (due-diligence).
Specialists of the office take part in solving conflicts between leading managers and their employers – big companies. The disputes are connected with the employers’ violating provisions of labour contracts and agreements in connection with the change of the financial situation in Russia and in the world.
«***», Germany, «***», Germany, Institute of regional innovation systems, St-Petersburg
Our office is engaged as a consultant in creating an international innovation centre. The centre is created with assistance and support of bodies of state power of Russia and Germany, scientific institutions of both countries and Germany’s investment fund engaged in financing of strategic innovation projects.
Kari Silvennoinen’s legal office and Davydov’s office are the winners of the contest held by a Finnish concern and connected with choosing consultants in Russia. According to the plan of the organizer, the winners of the contest will perform the whole complex of measures on legal support of activity of the concern in Russia.
«***» LLC, Insurance company «***», St-Petersburg
Specialists of our company together with attorneys employed started work on a complicated suit to an insurance company that had not fulfilled its obligations on paying the insurance compensation to its client in connection with the arising of an insurance event. The case will be heard in the first instance in the Arbitration court of St-Petersburg and the Leningrad region.
OJSC «***», St-Petersburg
In connection with the arising of an extraordinary situation the shareholders of the OJSC «***» took the decision to include specialists of our company into the working commission of the enterprise. The main task of our company is legal support of activity of the commission, representation of rights and defense of interests of the shareholders of the OJSC «***» in relations with third parties in the course of settlement of possible disputes.
LLC «***», St-Petersburg, Helsinki
On the demand of the Client a legal scheme was developed and put into practice guaranteeing overall protection of interests of a business owner and securing the owner’s management and control over his business. For defining the location of the holding company in the process of preparing the scheme opportunities were investigated of using various foreign jurisdictions including those of near European countries, Cyprus, far and near offshore territories. Practical realisation of the project was effected after 1stJuly, 2009 within the bounds of operation of the new provisions of the Russian Federation’s legislation on commercial organisations.
CJSC «***», St-Petersburg
On the demand of our Client, St-Petersburg’s big production plant, CJSC «***», our specialists commenced a complex project on defence of its rights and interests violated. For the purpose of successful getting over the crisis the Defender had unfairly used the reputation of the firm name of the CJSC «***» which caused decrease of our Client’s revenue and number of customers in connection with misleading many of them of the firm products.
«***Holding NV», Denmark, Germany
The optimal organisational and legal form of activity was recommended and a full package was developed of constituent documents for creation in Russia of a company with 100% foreign capital.
The company «***», St-Petersburg
On the order of one of the shareholders of a commercial company legal support is performed of juridical actions connected with division of a land plot of production purpose belonging to this company and immovable objects situated on it.
Mr. «***» , St-Petersburg
Collection of documents was effected and a suit was brought in a Russian court for compensation for expenses and moral damage suffered by Plaintiff «***» in consequence of imperfect work of members of the chair of post-graduation education of the *** institute in St-Petersburg that had resulted in the refusal to approve the thesis by the Russian Federation’s ВАК (Highest Attestation Commission).
«Asianajotoimisto *** Ky», Helsinki, Finland, St-Petersburg
Judicial proceedings were completed of the acknowledgement in the Russian Federation’s national judicial system of the title of Finland’s citizen for a land plot in the town of Vyborg (Russia) lost in the course of World War II. The case was referred to the European Court on Human Rights for a final decision.
The company «***», St-Petersburg
In connection with the arising of losses of the company, a resident of the Russian Federation, caused by actions of its contracting party on Finland’s territory, a legal analysis was performed together with our Finnish partner of the situation having arisen. The liability level of each participant of the legal relationships was determined, the order and perspectives of judicial actions on this case were determined.
The group of companies «***», St-Petersburg, Moscow, Yekaterinburg
On the shareholders’ order the project of reorganising the legal structure of business in the Russian Federation was developed and coordinated with the directors of the group of companies in Russia. In the course of fulfilling the task possible variants of effecting the reorganisation were determined, risks of their practical realisation were revealed and estimated, necessary legal actions connected with the procedure of the reorganization and the succession of their performance were determined.
Professional activity of our company’s specialists resulted in that the tax dispute that had arisen in connection with tax consequences of the conversion of shares of CJSC «***», the biggest wine producer in the North-west, was successfully solved in favour of our client.
GUP (State Unitary Company) «*** of St-Petersburg», St-Petersburg
A thorough expertise of legal relations was carried out; in the course of a meeting of the highest rank managers an expert conclusion was prepared and presented about forms of commercial exploitation of the property complex of the department «Stomatology» on conditions of outsourcing. In the course of defending the report the client was given information of legal peculiarities of using outsourcing, risks and advantages of its use in practice in the course of economy activity.
Institute of regional innovation systems, St-Petersburg, OJSC «*** corporation», Moscow
Legislation in the field of development and state regulation of civil and military shipbuilding was investigated. On the base of the data obtained an expertise was carried out, and one of the parts of «Strategy of development of the corporation till 2020» was prepared that included legislative as well as normative and legal regulation of securing the company’s development.
*** Group S.A. Holding, Luxemburg
Complex legal maintenance of the procedure of selling a package of shares of a dealer company engaged in sale of passenger cars: participation in all negotiations, preparing a package of necessary documents
CJSC «*** CIS», St-Petersburg (75% of shares in ownership of a non-resident of Russia)
A package of legal documents was developed which regulate main business processes of the company as well as the conditions and order of serving customers of the company in Russia in accordance with European standards.
State Unitary Enterprise «*** of St-Petersburg», St-Petersburg
A package of legal documents was developed for preparing and holding a tender for building the *** pipeline on conditions of public and private partnership (PPP). Analysis of the corresponding Federal and local legislation in PPP regulations was made.
«Asianajotoimisto *** Ky», Helsinki, Finland, St-Petersburg
Together with the Finnish law office collection of documents and preparation was effected of an action to a Russian court for recognition of the title of a Finish citizen for a land area in the town of Vyborg, Leningrad region, Russia, lost in the course of the second world war. The claim was submitted to Vyborg’s city court. Legal support on the judicial proceedings in the course of the investigation on the case in the national judicial system of the Russian Federation is effecting now.
Municipal Formation «***district of the Leningrad region», Leningrad region
On the demand of the Administration of the *** municipal district of the Leningrad region evaluation was effected of the financial condition and legal limitations on reorganization of the unitary company providing for water supply and drainage in the district. Analysis of variants was performed and proposals were prepared on the optimal scheme of the reorganization. Social, economic, legal consequences and risks and other ones adjacent to them of the realization of the reorganization scheme were determined.
«***» Oy, Helsinki, Finland
In connection with the coming to the Russian market of the Finnish company the most effective form of organizing its activity on Russia’s territory was developed and determined.
Institute of regional innovation systems, St-Petersburg, OJSC «*** named after ***», Moscow
A legal statement was developed of creating the integrated structure «Engines of the corporation ***» by merger of the OJSC «*** named after ***», OJSC «***», and State Unitary Enterprise «***» and their daughter companies. The text of the draft decree of the Russian Federation’s President and draft Order of the Russian Federation’s Government determining the terms and order of creating the corporation were prepared.State Unitary Enterprise «*** of St-Petersburg», St-Petersburg.
LLC «*** Tyres», the Leningrad region
Consulting of the enterprise was effected in respect of concluding an investment agreement with the Government of St-Petersburg region; the following was effected: the state registration of the first line of a plant producing ***; representing a foreign investor’s interests in the Administration of the Leningrad region, legal consulting in the course of investment and economy activity of the enterprise.
Insinooritoimisto *** Oy, St-Petersburg – Helsinki
Full legal maintenance was effected of the procedure of a non-resident’s acquiring 100% of the shares of a Russian company for the purpose of buying a land plot in the region of international airport Pulkovo. All permits of the state antimonopoly service were obtained for effecting the deal. The state registration of a controlling company in St-Petersburg with 100% foreign capital was effected and a scheme was developed of interaction of economy activity subjects in the course of realizing an investment project.
CJSC «***» (100% of shares in ownership of a non-resident), Moscow
Analysis was effected of business processes of the enterprise. Draft agreements connected with realization of products and services of the enterprise were prepared. Co-ordination of the projects with heads of departments was effected. Putting the enterprise to a new agreement basis was effected.
LLC «*** Tyres» (100 % of shares in ownership of a non-resident of Russia), the Leningrad region
A scheme of designing, building and exploiting branch railways was developed. The analysis was presented of the risk degree of realizing the project with participation of third parties. A scheme was developed of introducing the system of accounting, control and state registration of rationalization proposals and other objects of intellectual property arising in the course of economy activity of the company.
OJSC «***» St-Petersburg, *** Enterprises Inc. Massachusetts, the USA
Consulting and full legal maintenance was effected of the deal of acquiring 100% in the authorized capital of a company administrating a hotel complex in the town of Sochi. Obtaining antimonopoly clearance from the Krasnodar antimonopoly state body for effecting the deal.
State Unitary Enterprise «*** of St-Petersburg», St-Petersburg
Consulting on legal forms and tax consequences of the transfer into a third party’s administration of a real estate object in the Leningrad region. Modelling business relations, estimating legal risks and preparing a scheme with participation of a foreign partner.
*** corporation, Moscow
By request of the representation of a known foreign company situated in Moscow a scheme of financial relations between a company in Russia and its mother company in Japan was developed.
OJSC «***bur», Moscow
Legal particularities were determined of legal regulation of deals with the intellectual property object – software created on the base of «Oracle Business Suit». Preparing a legal model of transferring the title for the software to daughter companies of the OJSC «***bur».
***, Moscow, St-Petersburg
Consulting on the following matters was effected: particularities of registration of a legal entity with foreign capital, purchase of land plots, importation of production equipment. Draft contracts were prepared with Russian contractors for design and building work.
OJSC «North-West Telecom», St-Petersburg
The order and legal particularities were determined of separating a non-profile subdivision of the OJSC «North-West Telecom». The co-ordination of this project was effected on all levels of administration and with the OJSC «Sv’az’invest», the biggest shareholder of the enterprise. The project was realized jointly with the administration and leading specialists of the OJSC «North-West Telecom».