KIAP Brochure ENone way or another prompt the Federal Bailiﬀ Service to improve the enforceability...

Interactive brochure

KIAP offers legal support to corporate and private

clients under Russian and foreign law.

Litigation is a cornerstone of our practice: since our establishment in 2010, our litigators have chalked more than 10 precedent-setting

victories before RF Supreme Commercial Court and the RF Commercial Courts.

On KIAP’s team are 30 attorneys at law, associates and patent attorneys, 10 of

them are partners. KIAP has an extensive international and regional network of

affiliates.

Our office is located in Moscow.

We are a full service law firm with a track record

of successes in key areas of law and many sectors.

About us

Clients

Ratings

Retail

Fuel and Energy Banks, Finance, Insurance, Finance Lease, Investment

Chemical industry

Telecommunications, the Media, Technology,

Electronics

Food industry

Manufacturing

SportsPharmaceuticals

Aviation

Property developmentTransport

and Logistics

Perfumes and Cosmetics

Legal 500 recommends KIAP for project support in the following nine areas: Dispute resolution, Antitrust, IP, Employment, Real

estate, Tax, Corporate, commercial and M&A, Banking and Finance, Capital markets.

Personal endorsements awarded to: Andrey Korelskiy, Ilya Ischuk, Konstantin Astafiev,

Mikhail Uspenskiy, Anton Samokhvalov, Julia Osadchaya, Sergey Popov and Julia Kirpikova.

Chambers Europe recommends KIAP for project support in the following areas: Dispute resolution, Antitrust, IP, Tax, Corporate/ M&A,

Restructuring/ Insolvency, Transport: Shipping. Five KIAP partners have been individually

recommended: Andrey Korelskiy, Ilya Ischuk, Anton Samokhvalov, Mikhail Uspenskiy and

Anna Grishchenkova.

Chambers Global recommends KIAP in the area of Dispute resolution. Three KIAP partners have been individually

recommended in the area of litigation support: Andrey Korelskiy, Ilya Ischuk and

Anna Grishchenkova.

Short-listed for an international accolade, Chambers Europe Awards for Excellence 2015, in the category «Best Law Firm of

the Year in Russia».

International Financial Law Review (IFLR1000)recommends KIAP in two practice

areas: Banking & Finance and Capital markets.

Russia’s Pravo.ru 300 recommends KIAP for project support in the following areas: Dispute

resolution (1 band), Antitrust law (2 band), Commercial real estate (2 band), Bankruptcy (2 band), Intellectual property (3 band), Arbitration (3 band), Employment (3 band), ТМТ (3 band), International arbitration (3 band), Tax law (3

band), White collar crime (3 band).

Best Lawyers recommends five KIAP partners in six practice areas: Andrey Korelskiy (Litigation, Arbitration and Mediation), Konstantin Astafiev

(Litigation, Labor and Employment Law), Ilya Ischuk (Competition/Antitrust Law), Julia

Osadchaya (Trade Law) and Anna Grishchenkova (Litigation). According to Best Lawyers 2013 International Rating Konstantin Astafiev was

recognized as ‘Lawyer of the Year’ in the area of Litigation Support in Russia.

The corporate website of KIAP law firm was named The Best Law Firm Website on the

legal market, as well as The Most Efficient Law Firm Website and The Most Useful Law Firm

Website, and also took third grade in the nomination of The Best Law Firm Legal Practice

within the frame of a large scale competition titled The Best Law Firm Website 2016 among

the Russian language websites of law firms and legal practices.

Capital Letter IdeaWhat we live and breathe is an idea. We are building a strong, competitive national brand: we invest in young lawyers, support social initiatives, promote consensus among the professional community. We are convinced that the majority of our clients share our values, that is why we are on the same page with them. We all come from different business areas, so we have a wealth of experience and broad-based knowledge. This generates synergy for effective management of clients’ cross-industry projects.

High pace High rate of progress is our success formula. We are aware that individual contributions drive teamwork and KIAP’s overall growth. We are not afraid of setting ambitious goals for ourselves and seek the speediest ways of achieving them. At the same time, we have our feet firmly on the ground and we give no hasty recommendations thinking several moves ahead.

Technology We are at the cutting edge of IT penetration in the Russian legal services market. KIAP’s growth strategy is predicated on state-of-the-art technologies. We follow the latest developments in design thinking and data visualization. KIAP publishes legal analytics in the form of infomercials, produces 3D presentations, and takes full advantage of the capabilities of social networks and business process automation systems.

Happiness as a business model To date we have managed to put in place a one-of-a-kind corporate culture, which is based on trust, emotional attachment to the brand and happiness of employees in their everyday professional life. Our forte is persistence and a special blend of personal qualities — proactiveness and positive thinking.

Balance between legislation and its enforcement Not only are we scrupulous in reviewing the legislation, but we also closely monitor its enforcement by state regulators and judicial authorities. In this context, we advise clients, draft documents and support transactions with due regard to potential supervisory and litigation risks. Si vis pacem, para bellum.

Why KIAP?

3

AssociationsInternational Bar Association (IBA)

American Bar Association (ABA)

Russian Arbitration Association (RAA)

Association of European Businesses (AEB)

International Trademark Association (INTA)

Chartered Institute of Arbitrators (CIArb)

The Association of European Trade Mark Owners

The Harmonie Group

Social projectsLaw for Children Charity Programme: donation of legal costs recovered

International Charity Legal RunAnnual Undergraduate Academic and Applied Research Competition at the Law Institute

of Northern (Arctic) Federal University (NAFU)Providing support to students of the Russian Academy of Justice at the international

rounds of the Willem C. Vis International Commercial Arbitration MootKIAP lawyers are successfully engaged in teaching activities at the law departments of

the country’s leading institutions of higher educationSponsorship of Russia’s Best Legal Departments Annual Industry Competitions

Andrey Korelskiy sits on the panel of judges of the In-house Lawyer Russian National Award from the Aktion media group

KIAP’s exciting test «What kind of a lawyer are you?» at: www.lawyertest.ru

KIAP’s entertaining video infographics for the Lawyer’s Day : kiaplaw.ru/lawyer

Don’t miss

4

http://kiap.com/upload/iblock/c08/KIAP_3_years_EN.pdf

http://www.kiaplaw.ru/press-centr/news/YUrist-kak-vse-ustroeno.html?sphrase_id=820

Real Estate. Land. Construction

14

Litigation6

5

Practices

KIAP, Attorneys at Law3rd floor, 4/5 Baker Plaza, 68/70 Butyrskiy Val st., Moscow, 127055Tel.: +7 (495) 660 49 09, www.kiap.com

Commercial28

Antitrust and Competition

10

Banking and Finance

18

Tax Practice22

White Collar Crime

26

Bankruptcy30

Customs34

Forensic. Legal Inquiries36

Administrative practice32

Employment24

Insurance20

Corporate16

IntellectualProperty12

International commercial arbitration8

http://www.kiaplaw.ru

LitigationKIAP is one of the leaders in litigation.Legal 500 EMEA“

Corporate disputes

Customs disputes

Commercial (business) disputes

Tax disputes

Antimonopoly disputes

Employment disputes

Residential, land and other real property disputes

Disputes in the oil and gas sector,including disputes in the power and heat energy sector

Aviation and aircraft construction disputes

Leasing disputes

Insurance disputes

Finance and investment disputes, including bonds and default issues

Cyberspace disputes

Life and wealth damage compensation disputes

Business reputation and libel disputes

Consumer issues and issues of wholesale and retail trading

Intellectual property protection disputes

Bankruptcy disputes

Banking disputes

Administrative disputes (disputes with state bodies)

SERVICES

Andrey KorelskiyManaging partnerAttorney at [email protected]

Anna GrishchenkovaPartnerLL.M., [email protected]

Team Infographic

Doing Business in Russia www.kiaplaw.ru/doing_business

Mock-trials (test or imitation trials):

Light mock-trial (preliminary analysis of key documents, oral hearing, preparation of a report with recommendations)

Complex mock-trial (preliminary dispute analysis, selection of an arbitrator, psychological aspects, complete evaluation of the evidence base, assessment of procedural documents of the case, development of a «history» and a trial strategy, oral hearings, preparation of a comprehensive report with recommendations)

6

KIAP, Attorneys at Law3rd fl oor, 4/5 Baker Plaza, 68/70 Butyrskiy Val st., Moscow, 127055Tel.: +7 (495) 660 49 09, www.kiap.com

.

Litig

ation

Irish Bank Resolution Corporation Limited Representing the client’s interests in a series of disputes related to the bankruptcy of a major international fi nancial group, including execution of judgments from the Republic of Belize and the Republic of Northern Ireland by RF SСC (amount at issue: 200+ mln euros).

Heat generating organization Representing the client in disputes with an unfair consumer – housing management company, including in the Presidium of the Supreme Commercial Court, which made precedent setting decision to pre-vent communal services providers’ release from liability for the quality of these services’ provision.

MTS retail chainRepresenting the client in a precedent-making dispute against one of the world-wide leading manufacturers of telecom equipment. Among the legal issues in the case was the right to equality in access to justice. This issue drew the attention of the worldwide legal community, since the issue of equal-ity in access to the judicial system has never been examined from this angle before. The position of the Firm has been supported by the Presidium of the Supreme Commercial Court and has had a serious impact on the practice in other courts. Likewise, this has had an impact on the contractual clause which sets forth the terms of international arbitration, especially with foreign companies as participants in agreements with arbitration clauses.

Large chemical holding Representing the client’s interests in a dispute related to the issue of application of Articles 450 and 452 of the Civil Code of the Russian Federation. The Supreme Commercial Court shared position

of the client that transactions may imply conditions of unilateral termination thereof should one of the parties fail to comply with the undertaken obligations. This precedent case is important for businesses in terms of development and popularization of application of the Russian corporate law on the stage of acquisition or sale of the Russian assets.


PROJECTS

Allianz Insurance Company Representing the client in a dispute with a

foreign reinsurer on a reinsurance recovery in the total amount of more than USD 35 million arising out of the accident at the Sayano-Shush-enskaya hydropower plant (total damage over USD 200 million). The result – the client’s claim was satisfi ed in full, afterwards the decision was enforced in the territory of Switzerland.

RockwoolRepresenting the client in a dispute with the Treasury of the Russian Federation (RF Ministry of Finance of the Russian Federation and the Fed-eral Bailiff s Service) for compensation for breach of a reasonable period for the execution of the court decision. The precedent put in place must one way or another prompt the Federal Bailiff Service to improve the enforceability of court rulings, which are currently abysmally underen-forced, bringing the entire judiciary into disrepute as a result.

OAO OGK-2 (Russia’s No 1 provider of cogeneration, Gazprom’s energy asset)Representing the client in litigation with the E4 company to recover an advance of 3.5 bln roubles (about 100 mln US dollars in 2014). Dispute over the termination of contract to supply a powerplant acquired for the Serov State District Power Station construction project. OGK-2’s claim was granted: the supply contract was terminated and the advance refunded.

One of the largest retail chainsRepresenting the client’s interests protecting its investments in a number of disputes in several regions of the Russian Federation totaling 5 billion roubles. As a result all disputes were resolved in our client’s favor.

Capital Insurance Company (part of ROSGOSSTRAH) Representing client in insurance dispute worth 32 mln US Dollars. The dispute arose in connection with the refusal by thirty foreign reinsurers, some of them members of Lloyd’s, to

pay out a reinsurance claim from the Russian insurance company Capital Insurance for the loss of the aircraft, the total amount of which originally was over 32 mln US dollars. The Court of Appeal upheld a decision of the Arbi-trazh Court, which fully granted the claim lodged by KIAP’s Client for the recovery of reinsurance proceeds for the loss of aircraft.

7

.

International Comm

ercial Arbitration

Advice on arbitration agreements, validity and enforceability of arbitration agreements

Legal representation in international commercial arbitration in Russia and abroad

Asset search in Russia and abroad

Negotiation in international commercial arbitration, facilitation of out-of-court settlements

Advice on strategies for international commercial arbitration

Legal representation before Russian courts in matters involving recognition and enforcement of international commercial arbitration awards, in resulting proceedings (interim measures for international arbitration etc.) and support for similar cases in foreign jurisdictions

KIAP is a standout team of breakthrough litigators.Legal 500 EMEA“

SERVICES

Disp

ute resolutio

n

Consulting

Team

Irina SuspitcynaSenior AssociateLL.M., [email protected]

Gathering, analysis and legalization of body of evidence in arbitration

Infographic


Anna GrishchenkovaPartnerLL.M., [email protected]

KIAP, Attorneys at Law3rd fl oor, 4/5 Baker Plaza, 68/70 Butyrskiy Val st., Moscow, 127055Tel.: +7 (495) 660 49 09, www.kiap.com 8

.

Inte

rnat

iona

l Com

mercial Arbitration

PROJECTS

KIAP, Attorneys at Law3rd fl oor, 4/5 Baker Plaza, 68/70 Butyrskiy Val st., Moscow, 127055

Tel.: +7 (495) 660 49 09, www.kiap.com

Germany-based supplier of petroleum production equipment

Representation of client’s interests before the Arbitration Institute of the Stockholm Chamber of Commerce and in the matter of recognition and enforcement of arbitral award in Russia. The international arbitration case was won despite the opponent’s allegation of public policy violation under Russian currency legislation. Having fi led a foreign arbitral award enforcement petition, KIAP litigators succeeded in settling out of court following long talks with the defendant, who fi nally chose to comply with the award and reimburse the legal costs incurred by the client.

Russian Design Bureau Representation of the client (Bureau is designing subsea vessels and developing deep water rescue facilities against the orders of the Russian Navy) in a dispute before the International Court of Arbitration of the International Chamber of Commerce against Italian supplier of technological equipment.

Engineering & construction company located in Czech Republic Representation of the client in EUR25m construction dispute before the Arbitration Institute of the Stockholm Chamber of Commerce against one of the Russian leading metallurgical companies.

Major Irish bankSuccessful litigation on behalf of a client in a series of disputes related to the bankruptcy of a major international fi nancial group, including execution of judgments from the Republic of Belize and the Republic of Northern Ireland by RF SСC (amount at issue: 200+ mln euros).

Kazakh company engaged in contract work Representing the client in recognition and enforcement of judgments issued by the courts of Republic of Kazakhstan before the Arbitrazh Court of St. Petersburg and Leningrad Region and the Federal Arbitrazh Court of the North-Western District. The case was won in spite of several objections such as lack of jurisdiction of the Kazakh courts, improper notifi cation of the respondent about the hearings in foreign courts and public policy issues connected with involvement of the Ministry of Defense and military agreements between Russian Federation and Republic of Kazakhstan. Consequently the case helps to develop a positive court practice on recognition and enforcement of foreign judgments in Russia.

Major international electronics producers Representing clients in potentially precedent case on recovery of damages based on the abuse of rights. The case involves litigation in Russia and BVI and potential enforcement proceedings in several jurisdictions.

MTS retail chainRepresenting the client in a precedent-

making dispute against one of the world-wide leading manufacturers of telecom equipment. Among the legal issues in the case was the right to equality in access to justice. This issue drew the attention of the worldwide legal community, since the issue of equality in access to the judicial system has never been examined from this angle before. The position of the Firm has been supported by the Presidium of the Supreme Commercial Court and has had a serious impact on the practice in other courts. Likewise, this has had an impact on the contractual clause which sets forth the terms of international arbitration, especially with foreign companies as participants in agreements with arbitration clauses.

Major Russian agro-industrial group Representation of a client in a dispute with a heavy-weight in the Australian livestock-farming market. The dispute arose out of a supply contract worth several millions US dollars. The contract had an arbitration clause for disputes between the parties to be referred to the International Commercial Arbitration Court (ICAC) at the Chamber of Commerce and Industry of the Russian Federation (RF CCI). It proved possible, however, to settle the dispute under a pre-action protocol following long talks, which resulted in a settlement on terms favourable for the client.

9

.

Issues relating to compliance of agreement and management activities with the antimonopoly law

Representation before the anti-monopoly authorities: at the stage of document request and antimonopoly law compliance investigation; at the stage of case investigation; and at the stage of administra tive law violation

Appraisal of criminal and legal risks relating to antimonopoly law violations

Endorsement with the Federal Antimonopoly Service of the Russian Federation of transactions on shares acquisition, property, rights concerning the Russian legal entities, endorsement of M&A

Representation of interests during litigation with the antimonopoly authorities in cases of antimonopoly law violation, as well as in cases of administrative law violation

SERVICES

Audit

Consult

ing

Disputes

Ilya Ischuk is one of the best in antitrust law.Legal 500 EMEA“

Antitrust and Competition

Team Infographic


Dmitry KalinichenkoAssociateAttorney at [email protected]

Ilya IschukPartnerAttorney at law, Ph.D in [email protected]


.

Ant

itru

st a

nd C

ompetition

PROJECTS

Major operator of distance selling Representing the client in a case concerning an alleged violation of advertising and antimonopoly laws, brought by the Central Offi ce of the Federal Antimonopoly Service of Russia.

One of the leading private operators of airport infrastructure Defending against the convictions of breach of Art. 15 and 16 of the Federal law on protection of competition, which were brought against the client and the Governor, the Government and specialized ministries of one of the subjects of the Russian Federation.

Retail network (a subsidiary of one of the world’s biggest retailers) Representing:in a dispute against the Federal Antimonopoly Service of the Russian Federation concerning a possible cartel agreement in the fi eld of social-ly-important foods;

in Moscow and regional arbitrazh courts - in disputes against the Federal Antimonopoly Service concerning the alleged imposition of discrimination conditions against the food suppliers, including disputes concerning convictions of the commission of other breaches of Russian competition law;

in Moscow and regional arbitrazh courts - in disputes against the Federal Antimonopoly Service concerning breaches of the Federal trade and competition laws, including cases concerning the alleged failure to provide relevant information about goods;

in numerous disputes against food suppliers for compensation of damages suffered in connection with alleged breaches of the Federal competition law.

One of the biggest retailersStriking down 63 administrative fi nes from FAS of Russia totalling 126 mln rbl. for the client in con-nection with accusations of discrimination against suppliers of fi sh and fi sh products.


International trade company Representation of the client in a series of adminis-trative cases initiated in connection with the viola-tion of technical regulations. As a result, the courts refused to satisfy the claims of the administrative body to suspend the operation of the company.

Russian representative of a major international hyper-market chainRepresenting the interests of a client in terms of the probe by the FAS of Russia Directorate (FASD) for Moscow Oblast into the allegations of client’s anti-competitive practices in trade banned by the commerce law.

A breweryAdvising a client on the likely risks involved in the bans put in place by the competition and advertising laws in eff ect on the promotion of beer and derivatives. Acting on the legal advice received, the company made major changes to the marketing and promotional events on the drawing board to safeguard against potential major regulatory and fi nancial lawsuits [risks].

Foreign automaker Support for the client as part of measures

undertaken by FAS of Russia to check whether the market players comply with the Distribu-tor and Automaker Guidelines released in the autumn of 2012, in particular, advising, drafting of responses to enquiries, etc.

Telecommunications equipment retail chain Development of a corporate antitrust compliance policy for a client

11

.

Intellectual Property

Protection against unfair competition

Legal representation before the Patents Disputes Chamber, Arbitration tribunals and General Jurisdiction Courts, Intellectual Property Court, Federal Antimonopoly Service, Federal Customs Service and law enforcement agencies

Legal audit of intellectual property, including for the purpose of investment

Development of a comprehensive strategy to protect intellectual property in diff erent jurisdictions

Trademarks: revocation, non-use actions, contesting decisions of Rospatent on trademark applications, domain names issues

Defense of copyright and related rights including those on the World-Wide Web

Challenging patents on inventions, utility models and industrial designs

Disputes related to agreements on creation and use of intellectual property

Development and analysis of agreements on creating intellectual property, agreements on disposal of rights on intellectual property, R&D agreements

Development and analysis of distributorship, service agreements, agents agreements including provisions on the use of intellectual property and confi dential information

Entering of trademarks and copyrights into Customs Register of Intellectual Property

Trademarks searches for identity and similarity, patent searches including FTO-research

Registration, defense and maintenance of trademarks and patents, registration of inventions, utility models and industrial designs in Russia and abroad

Software and domain names registration

SERVICES

Consult

ing D

ispute

s

Registration

A highly eff ective and client-friendly IP team, capable of handling the most complex projects. What I like most is that the lawyers off er workable solutions.Chambers Europe

“

Team Infographic



Maxim [email protected]

Daria ChernyshHead of PracticePatent [email protected]

.

Inte

llect

ual P

roperty

PROJECTS

Big Russian confectionary company Assisting the client in prevention of unfair competition from another rival confectionary company, which used packaging similar to client’s packaging protected by a design patent, including provision of all evidence proving violation, developing a legal position and representation before the Federal Antimonopoly Service.

One of the global domain name registrarsProtecting of the client being sued in connection with registration of the domain name of a website with content that Roskomnadzor (Federal Communications, IT and Media Supervision Agency) found to be in breach of legislation of the Russian Federation.

International retailerDefence of the client’s interests in a case of violation of exclusive right to series of METRO trademarks by an owner of the shopping centre in one of the regions of the Russian Federation.

Major Russian petrochemical company Successful defence of the client at courts of three instances in a dispute over the recovery of a licence fee and late charge in the amount of some 5,000,000 roubles. The claim has been granted in full, the opponent’s counterclaim rejected in full.

One of the leading Russian retail banksAssisting the client in rebranding process being a result of creation of a joint venture, as well as in creation of a unique scheme for obtaining exclusive rights to IP in terms of the project of prevention of unfair competition.

An owner of the exclusive right to a trademark “25 hours”

Legal representation of the client in a dispute over an infringement of exclusive right to a trademark at three instances. The rights of the KIAP’s client to the trademark were found infringed by a major operator of a petrol station chain in the Moscow region and an injunction was imposed on the use of this designation unless authorized by the rights holder.

Major international pharmaceutical company

Representing of a client in a long-term dispute about cancelling a patent on a pharmaceutical composition of drospirenone/ethinylestradiol, as well as a drug on its basis before IP Court.

One of the world’s most up-and-coming jewelry brands Full-service IP protection for the client starting from registration procedures up to representation of the client before the court and the Customs in various cases relating to protection of IP rights; cooperation with police offi cers regarding prevention of selling counterfeit goods.

International operator of distance selling Defence of the client’s interests in litigation over early termination of legal protection for the marks due to their non-use (by court rulings the legal protection has been left in place).


World’s leading producer of stone woolRepresentation of the client in the appeal court and cassation court (IP Court) in a case against trademark infringer.

International producer of household appliances and electronic devicesRepresenting the client’s interests in a patent litigation based on the alleged infringement of competitors patent, as well as in the Chamber on Patent Disputes (administrative dispute resolution body within Rospatent) in proceedings on invalidation of the allegedly infringed patent.

13

.

Real Estate. Land. Construction

Representation in Russian courts on issues of land and construction law as well as real estate and privatization law

Pre-trial dispute resolution procedures

Consultations on acquisitions and dispositions of real estate

Legal advice on investments relating to construction projects, sites and works

Legal advice on investments relating to construction projects, sites and works

Comprehensive advice on transactions for the acquisition of residential and commercial property in the Russian Federation, the UK, EU countries, Bulgaria, the US and Africa

Preparation and negotiation of contracts for construction projects, legal advice on contracts and consultations on construction projects carried out using FIDIC standard construction contracts or contracts that apply the principles or specific provisions of FIDIC

Sergey Popov has good knowledge of real estate matters and is a brilliant attorney and good negotiator.Legal 500 EMEA

“

SERVICES

Disputes

Consulting

TeamSergey PopovHead of practicePh.D in [email protected]

Ilya DedkovskiySenior AssociateAttorney at [email protected]

Infographic



.

ZARARepresenting the client in arbi-trazh courts against the landlord in a dispute concerning with-drawal of the monetary deposits in view of a termination of lease agreements.

Representing a client in a more than R250 million dispute against a large trade net-work in Moscow.

HyperGlobus LLC Representation of the international hy-permarket chain in the Arbitration Court and the Court of Appeal in relation to the claim by the shopping center construction contractor on the penalty recovery in the amount of about 0.7 mln euros.

Representing of international hypermarket chain in recovery of debt from a shopping cen-

tre building contractor before the Court of Arbitrazh. The eff orts made resulted in a judgment rendered for the client with an award of some 1 mln euros’ worth of damages.

Rea

l Est

ate.

Lan

d. Construction

PROJECTS

DIAGEOPreparation of the legal opinion for the com-pany regarding termination and/or sale of the rights under the lease contract for a building being a monument of architecture.

Private individual Counselling the client in a number of Moscow property acquisitions totalling about 10 mln dollars.

One of the leading Russian mineral fertilizer producers Representing the client’s interests in a dispute for recovery of damages suff ered by the client as a result of a fi re on a mining complex.

INDITEX Group Advising global corporation which owns

many worldwide brands, including Zara, Ber-shka, Pull & Bear, Massimo Dutti, Stradivarious and Uterque, on all land law-related issues concerning relations with the landlords and public authorities.

Large international retail trade network Preparing a memorandum on possible tactics for termination of a preliminary agreement of lease of the premises of a client.

OAO “MOSDACHTREST” Advising a subsidiary of AFK “Systema” in relation to a dispute concerning an investment agreement with the Government of Moscow.


METRO Cash & CarryTitle search on a tract of land in the city of Sterlitamak, previously consisting of 130+ parcels, for the purposes of its acquisition as a construction site for a Shopping Cen-tre by the client.

Advocacy before Arbitrazh and other courts in a claim by an interested party to challenge a leasehold assignment contract for a land plot in the city of Omsk where our client’s shop-ping centre was put up.

Investigating the title of an owner of a large trade center in Moscow, which became rented by the client upon the Bureau’s positive fi ndings.

15

.

Corporate

Providing support during a transfer for a new structure; preparing draft documents; assistance in obtaining required permits and consents, coordination with legal counsel in foreign jurisdictions

Analysis of options prior to transferring to a new structure

Development of operational solutions for businesses

Business restructuring to match the transaction

Structuring the transaction including financing aspects

Complex due-diligence reviews

Preparation of all required documents for a transaction: purchase and sale agreements, shareholder agreements, joint venture agreements, documents to secure the obligations

Participating in negotiations and providing support during implementation of the transaction

Consulting on the issues related to corporate procedures: corporate decision-making processes, issue of securities, shares buyouts under voluntary or mandatory buyout proposals and procedures for “squeezing out” minority shareholders

Preparing internal acts regulating the powers of the company’s management structures

Drafting of commercial contracts, including standard agreements

Preparing acts to establish internal control measures in ensure compliance with the law and internal corporate requirements—e.g., corporate compliance procedures: a code of business practice and ethics, a procedure for approval of vendors/buyers, a procedure for approval of agreements

Planning the ownership and management structures for a group of companies

Creating step-by-step plans for a transfer to the new structure

SERVICES

Consu

ltin

g S

truct

ur

ing

M&A

KIAP team never gets ruffl ed under pressure and tight deadlines, always remaining calm and collected.Legal 500 EMEA

“

Team Infographic

EU and US sanctions against Russian citizens and businesses www.kiap.com/sanctions

Anton [email protected]

Ekaterina [email protected]


.

Cor

pora

te

PROJECTS

One of the world biggest insulation producersAdvising the client on working out a target structure and a scheme of Russian companies restructuring for the purpose of their consolidation.

L’Occitane InternationalProviding legal assistance to a European cosmetics producer in the course of share sale and purchase transaction.

European concrete panels producer

Advising the client in the course of sale of client’s Russian business (value of project exceeds 12 mln euro). Group of companies engaged in building

the entire infrastructure of the oil industry Restructuring a group of companies engaged in building the entire infrastructure required for smooth operation of the oil industry in Russia.

Sloan Implement Inc.Structuring a distribution network for one of the leading John Deere agricultural machinery dealers.

Foreign bankRepresenting the client’s interests in a series of corporate disputes concerning protection and recovery of Russian assets.

EPAM Systems Inc.Supporting the client in the course of M&A transaction – purchase of GGA Software Services (Russian and CIS scientifi c informatics services provider) – in a part related to purchase of Russian assets.

Group of companies of a European producer of refrigeration facilitiesAssisting in the internal restructuring of a client.

REVOCOATConducting a due diligence review of the Russian assets of a world-wide producer of paints and varnishes, chemicals, optics and specialized materials, owed by the AXSON group of companies, before their takeover.

JV VOSCFStructuring a joint venture of Sovcomfl ot – the leading shipping company in Russia - and VanOord at the request of the client (another joint venture of Sovcomfl ot and VanOord). Sovcomfl ot has more than one century of experience in the fi eld of mari-time building and dredging operations.


Tel.: +7 (495) 660 49 09, www.kiap.com17

.

Banking and Finance

Team

SERVICES

CAPITAL M

ARKETS

BANKIN

G A

ND FI

NANCE

KIAP team has a sharp and analytical mind, expertise, impressive communication skills and unfailing commercial acumen.Legal 500 EMEA

“

Securitisation,Structured and Project

Finance

Infographic



Roman Suslov [email protected]

Legal support of investment activities, advising on application of investment funds

Legal support of debt restructuring

Advising on banking regulations issues, banking requirements and reserves, as well as impact of sanctions on financial transactions structuring

Legal support of syndicated loan transactions and club deals

Advising on providing of financial services including securities services and banking services

Legal support of loan and credit deals including deals with various types of security under Russian and English law

Advising on transfers of funds, e-money and electronic commerce

Legal support of subordinated credit transactions

Legal support of internal and international secutirisation of various types of assets (mortgage, auto loans, consumer loans, credit cards)

Legal support of project finance transactions

Advising on issuance and execution of bank guarantees and independent guarantees

Advising on structured finance transactions

Advising on derivative transactions (swaps, options, forwards) with various assets and advising on repurchase agreements. Standard documentation (ISDA, GMRA)

Legal support of stock issuance, additional stock issuance (IPOs, SPOs)

Legal support of bond issuance including subordinated bonds, stock exchange traded bonds, convertible bonds, bond programs and bonds with various types of collateral

Legal support in structuring of business on financial market

Due diligence on financial and investment activities of companies

Structuring of cash flows in commercial transactions, advising on transactions with documents of title

Advising on admission of foreign issuers’ securities to trading and direct access of foreign securities to trading


.

Investment activities

Advising of Russian companies on structuring of options for raising additional financing.

Providing advice for private investors regarding legal and tax risks of various investment scenarios.

Legal support regarding application of investment funds in restructuring of business, managing of real estate and investing in bonds.

Ban

king

and

Finance

Litigation in fi nancial sector

Legal support in dispute in relation to rehabilitation of Russian bank.

Advising on legal dispute with banks issued guarantee, which secured obligations to construct large infrastructure project.

Counselling in dispute regarding investor’s claims to stock exchange.

E-commerce Providing foreign companies with

advice on licensing requirements for operations with electronic funds in Russia.

Legal support on loan structuring secured by merchant cash advance.

Analysis of business model requiring mobile payments for compliance with Russian legislation.

General regulatory issues regarding fi nancial servicesProviding advice on financial services and retail banking matters to a range of clients, including banks, micro-financing institutions, other financial institutions, money exchange companies, e-payment service providers, providers of brokerage and financial services, as well as provision of legal support for investment activities of a company.

Securitisation and mortgage-backed securities

Legal support of the largest securitisation transaction in respect of the portfolio of

residential mortgage loans originated by VTB 24, one of the largest banks in Russia, in the total amount of 46 bln roubles. Additional security for the bonds was provided in the form of surety stood by the Housing Mortgage Lending Agency.

Legal support of cross-border securitisation of auto-loans under English law, legal counsel on restructuring and amortization of the transaction, anticipated redemption of loan agreements and on terms and conditions of payment.

Legal support of securitisation transaction in respect of the portfolio of residential mortgage loans originated by VTB 24 in the total amount of 28.9 bln roubles. In terms of issue size the transaction is one of the largest Russian law securitisations on the market. Moody’s has assigned Baa2 (sf) rating to the class A securities.

Advising of largest Russian banks on structuring of securitisation transactions of mortgage and various types of non-mortgage assets.

Project fi nancingCounsel on large development real estate project including questions regarding to financing of acquired assets.

Loans and credit facilities Drafting documentation for one of the largest Russian retail banks financing acquisition of electricity company’s stocks.

Advising on loans and credit facilities with various collateral.

PROJECTS

KIAP, Attorneys at Law3rd fl oor, 4/5 Baker Plaza, 68/70 Butyrskiy Val st., Moscow, 127055Tel.: +7 (495) 660 49 09, www.kiap.com19

.

SERVICES

Insurance

Dmitry [email protected]

Konstantin Astafi evPartnerAttorney at [email protected]

InfographicTeam


Regulation of the mechanism of actions of the parties in respect of claim’s settlement, possible Insurer’s reasons to deny the coverage or reject the claims, counselling of clients (including Russian insurance companies) on issues of provision of the reinsurance coverage under insurance contracts concluded on foreign markets

Legal support to clients (insured persons) at the stage of claim’s settlement

Legal examination of actual insurance contracts in order of optimization of their conditions for further period

Immediate Legal support to clients directly on the place of the incident (insurance case)

Attorney and expert investigation of insurance cases

Investigation of insurance fraud with further support in criminal proceedings

Representing interests of principals in judicial disputes according the claims of insurance indemnity

Legal examination of terms and conditions of insurance contracts at the stage of conclusion thereof (analysis of the insurance coverage, obvious and hidden exclusions from the insurance coverage)

settlementDispute

forensic

Insu

rance

Cons

ultin

g

se

rvice

sInsurance

audit

Lega

l

adj

ust

ing


.


Insu

rance

Insurance company Representation in the dispute related to thirty foreign reinsurers, including members of Lloyd’s insurance cartel, which rejected the claims to pay reinsurance indemnity for the amount of more than USD 32 million in connection with the crash of Sukhoi Superjet plane in Indonesia in 2012. The decision in favor of the Principal came into effect.

Insurance company Representing the client’s interests in the arbitration dispute under the claim on recovery

of insurance indemnity as a result of collapse of Transvaal Park Sports and Fitness Complex. The claim of owners of Transvaal Park Sports and Fitness Complex against the company was dismissed by courts of all instances.

Insurance company Defense of interests of the insurer in the case against a reinsurer on recovery of the insurance compensation for the sum of approximately USD 10 million under the property insurance contract. The court refused to satisfy the stated claims. Based on the results of the

judicial dispute the representatives proved that the presence of the insured property at the warehouse during the fire in the amount stated by the plaintiff was not confirmed.

Insurance company Defense of the client’s interests in the dispute on recovery of the insurance indemnity for the sum of approximately USD 3 million in favour of Chelyabinsk Pipe-Rolling Plant OJSC. The stated claims were not satisfied.

Insurance company Representation of interests of the insurer in the case against the agri-industrial company that filed a claim for more than USD 2 million. In the course of the proceedings the defendant’s representative proved that the plaintiff missed the limitation period and that no evidence of occurrence of the insured event was present.

Insurance company Representing the client in a dispute with a

foreign reinsurer on a reinsurance recovery in the total amount of more than USD 35 million arising out of the accident at the Sayano-Shushenskaya hydropower plant (total damage over USD 200 million). The result – the client’s claim was satisfied in full, afterwards the decision was enforced in the territory of Switzerland.

Major judicial disputes with the amount of claims up to USD 30 millionSupport for disputes related to insurance of electrical energy risks, aviation risks, transport (including marine) insurance, agricultural insurance, insurance of property of legal entities (real estate, inventory holdings, etc.), insurance of different types of liability and reinsurance.

Major Russian insurance company Effective representation of interests in the arbitration court under the claim against a number of American companies. It was proved in the course of legal proceedings that the defendants had properly performed their obligations under the reinsurance contract, and the claim on recovery of the reinsurance indemnity amounting to approximately USD 3 million in total was satisfied in full.

Insurance company Representation of interests of the defendant in dispute with ASKO Interregional Insurance Company LLC in the case on recognition as concluded of the reinsurance contract for the sum of USD 15 million. By virtue of a complex approach to the substantive law it was proved in the court that the parties of the case failed to comply with the statutory requirement on the form of the reinsurance contract which in its turn served as a reason for refusal to satisfy the claim.

PROJECTS

21

.

Tax Practice

Tax disputes: from support during tax audits to representation in courts

Representation in criminal proceedings regarding tax crimes

Tax refund / Tax credit

Tax structuring for transactions involving M&A, private equity, venture capital

Tax due diligenceAnalyzing tax risks of business structures and procedures

Consulting on transfer pricing matters

“Second Opinion”: Expert evaluation of tax legal opinions / Reassessment of tax risks / Stress testingConfidentiality of

ownership

SERVICES

consult

ing

Transa

ctio

ns

Disputes

Very experienced in complex tax matters.Legal 500 EMEA“

Mikhail [email protected]

Team Infographic



.

Tax

Pra

ctice

PROJECTS


Major systems integratorRepresentation of a systems integrator which resulted in a pre-trial settlement of claims of more than $12 million which were based on a repeat fi eld audit by the tax authorities of the city of Moscow.

Large European manufacturer of elevators and escalatorsRepresentation of a European manufacturer of elevators and escalators in several tax disputes arising from off -site tax audits.

Large French retailerAdvising a French retailer on how to bring its ERP accounting system into compliance with the Russian tax accounting rules.

British airline operatorRepresentation of the client contesting claims

of the tax authorities against its representative offi ce in Moscow. KIAP lawyers demonstrated success-fully that these claims were illegal. This decision by the Supreme Arbitration Court of the Russian Federation was precedent setting and applies now to all airline carriers.

Large German clothing manufacturer

Representation of the client in a series of cases related to the charging of additional VAT on freely distributed catalogues and gifts. KIAP lawyers convinced the courts that the cata-logues were not advertising material and should be treated as off er. This result was precedent setting for both catalogue sellers and the retail market in general.

Largest international electronics chainRepresentation of the client on claims brought by the tax authorities relating to payments made for management company services. The result of the arbitrazh hearings is that all these costs were accepted as justifi ed and the claims against the electronics chain were declared illegal.

Subsidiary of a major fi nancial and industrial groupRepresentation of a large fi nancial and industrial group in an out-of-court settle-ment for a VAT refund in an amount totalling several hundred million rubles.

Charter carrierSuccessful challenging of an unlawful refusal to refund VAT paid by a client to the customs offi ce when importing aircrafts under leasing agreements.

Not-for-profi t organizationSuccessful representation of a not-for-profi t organization in a high profi le tax dispute in the amount of $15 million.

Largest manufacturer of construction materialsRepresentation of the client in a dispute with the tax authorities concerning the accrual of VAT and income tax. In this complex case and precedent setting case, KIAP assisted in having the decision of the tax authorities overturned and a substantial refund of taxes and penalties.

23

.

Participation in pretrial settlement negotiation

Employment

Konstantin Astafi ev is outstanding in handling complex employment disputes; meticulous and business-minded.Legal 500 EMEA“

Team InfographicKonstantin Astafi evPartnerAttorney at [email protected]

Julia KirpikovaSenior AssociateAttorney at [email protected]

SERVICES

Sports law

Consult

ing

Disputes

Legal representation of employees and employers in court Representation of companies in labor

disputes with top management

Full range of legal services concerning details of employment, agency, promoter, sponsor, advertising and other types of contracts for sports players, sports clubs, coaches and sponsors

Legal consultations for clients during negotiation with counteragents, sports federations, sponsors, TV-channels and other mass media outlets or advertising agencies with respect to contracts to be signed including concerning planning of or participation in the sports competitions in Russia and internationally

Representation of clients in specialized Russian or international sports courts/courts of arbitration or sports disciplinary/anti-doping committees/commissions

Drawing up model and individual labor contracts

Development of HR regulations and policies

Legal support for foreign recruitment

Drafting of legal opinions on certain aspects of employment and migration law

Developing a full package of internal documents and regulations, including in-house manuals

Personnel audits

Dispute resolution with trade union involvement

Cooperation with Federal labor inspectorate and law-enforcement authorities on labor rights protection Disputes resolution on golden

parachute payments issues

How to employ a foreign individual in Russia www.kiap.com/4expats


.

Empl

oyment


Tel.: +7 (495) 660 49 09, www.kiap.com

PROJECTS

Best Western, Qlik Tech Inc, INDITEX, Visual DNADrafting of employment contracts and agreements and due diligence review.

Global Jet, Rail Service, RockwoolRepresentation of companies due to the inspec-tion carried out by The State Labor Inspectorate.

Major trade company Representation of the client in a litigation of the lawsuit fi led by the company’s manager seeking to invalidate the dismissal, to reinstate in position and to recover a payment for forced absence.

Direct Group Representing the client’s interests in a number of claims by senior employees against our client for dismissals which involved claims for signifi cant in-

centive payments as well as compensa-tion for moral injury. All disputes were resolved in our client’s favor.

Brady, Quantel, Singapore Tourism Board, Mammoet, Sitronics,

Lenovo, Citrix, Norpe, Audatex, PPD, Qlik Tech Inc, Time WarnerConsulting the clients on employment and labour law and protection of personal data.

HoughtonRepresentation of the client in an employment dispute with the compa-ny’s regional top manager on matters of expungement of a disciplinary record, reversal of termination and recovery of travel and medical expenses from the employer. After protracted litigation, the KIAP’s lawyers succeeded in demonstrating that the claims fi led were lacking in substance and in exonerating the client completely before the courts of all three instances.

Leading European provider of execu-tive jet charter and personalized travel services Successful representation of the client in a litiga-tion of the lawsuit fi led by the company’s former manager seeking to invalidate the dismissal and to reinstate in position.The court dismissed the employee’s claims. KIAP lawyers also represented the company during the inspection carried out by The State Labor Inspectorate.

Panalpina Group, Efes, PRA, IntermediaDrafting of legal opinions on all kinds of employment matters, in-cluding those on available grounds and procedure for disciplinary and criminal action against employees under the Russian legislation.

Foreign hockey players who appeared for a Junior Hockey League club Representation of the client’s interests in a claim for the recovery of wages and severance pay. That was the Firm’s fi rst case to be heard by the Disciplinary Committee of the Kontinental Hockey League (KHL).

JDA, TCC Retail Marketing, Waukesha Bearings, Thermo Fisher Technologies, Otsuka, FujiFilm, SonoSiteProviding a wide range of consult-ing services to Russian and foreign companies including on employee termination when closing representative offi ces in Russia.

OTTO Group Russia Representation of the client in litigation in an action brought by a former employee seek-ing damages for termination irregularities as regards the required paperwork. The court dismissed the employee’s claim.

Allianz Counselling in an employment dispute between the client and an executive offi cer over rein-statement and lost earnings.

Boxing WBO middleweight champion Dmitry Pirog Complex legal support of the client with respect to contractual agreements; consultations on all legal issues.

25

.

White Collar Crim

e

Planning, coordination and implementation of internal corporate investigations with

respect to potential offences

Consultations and representation of clients’ interests in criminal proceedings regarding tax crimes or other cases related to the issues of a financial nature or corrupt practices

Consultations concerning the laws targeting money laundering issues, bribery and corrupt practices as well as concerning compliance with prescribed procedures in those areas

Business projects evaluation to verify compliance with criminal law

SERVICES

Highly dedicated team.Legal 500 EMEA“

Konstantin Astafi evPartnerAttorney at [email protected]

InfographicTeam



.

Whi

te C

ollar

Crime

PROJECTS


Head of a large regional construc-tion company Defence for the client under the criminal case initiated due to a tax evasion in the

amount exceeding 100 million roubles due to the taxpayer orga-nization being allegedly involved in using phony companies as its suppliers and contractors.

The mayor of a large in-dustrial Kuzbass center

Representation of interests of the client charged in having committed acts in

excess of assigned powers through the publication of a legal regulatory act where as a result thereof the municipal budget allegedly suff ered the losses in the amount of 277 million roubles.

Manager of one of the largest trade and wholesale companies in Rus-sia involved in the sales of alcohol products Defence for the client due to an allegedly committed tax evasion on a particularly large scale through the use of phony com-panies as the suppliers.

Electronic equipment producer Protecting the client’s interests in espi-onage case: represented the company offi cers during investigation handled by the Federal Security Service of the Russian Federation (FSB) and technical expertise. As the result several charges have been removed.

One of the shareholders of a large Russian company specialized in natural resources Representing the client during criminal proceedings concerning the embezzlement of shares worth USD$10 million.

CEO of the large Russian company acting on the car market Representing the client’s interests in the case of breach of Russian currency law. As the result all charges have been removed and criminal investiga-tion has been closed.

Affi liated company of a major Swiss transport holding Representing the interests of the client in the Constitutional Court of the Russian Federation on a controversy over releasing from attachment property seized as part of criminal proceedings.

Top-manager of a large Russian metallurgical group Representation of interests of the

client charged in having committed commercial bribery, intended bankruptcy and unlawful entrepreneur activities in the process of generating income in the amount exceeding 5 billion roubles.

Leading Russian IT com-pany Representing the client, which was an injured party, in criminal proceedings concerning embezzlement of public funds.

Large Russian insurance com-pany Representing the client in the criminal case on insurance fraud.

27

.

Commercial Practice

SERVICES

Development and analysis of the documents governing sales promotion (games, lotteries, contests)

Legal support in the sphere of personal and confidential data protection

Legal services outsourcing

Consulting in the sphere of licensing of certain types of activities and environmental regulation

Consulting in the sphere of e-commerce and electronic payment systems

Drafting and due diligence of civil law contracts, assistance in negotiations related to executing, amending and terminating contracts

Development of the contractual links system, including in the sphere of international and regional distribution

Consulting on doing business in Russia

Development and bringing the Company’s internal regulations (policies) into correspondence with the Russian legislation

Infographic

Team


Ilya IschukPartner, Ph.D in LawAttorney at [email protected]

Julia KirpikovaHead of practiceAttorney at [email protected]


.

Com

mer

cial

Practice

PROJECTS

Foreign sports media companyBringing the services contract of the client in compliance with the Russian legislation.

English producer of tea and coff eeDrafting the Distribution Agreement.

International manufacturer of electronic gaugesConsulting the client in the sphere of requirements envisaged in the Russian legislation to the accompanying documents for electronic gauges.

Acquiring start-upConsulting on the possibility to implement the acquiring start-up project in Russia

Global leader in the sphere of telecommunicationsConsulting in the sphere of legal requirements to installation, storage, operation and disposal of generators produced by the client.

Cross-border funds transferDrafting an opinion on correspondence of the innovative arrangement for the client to the requirements of the Russian legislation in the sphere of international funds transfer system.

International chemicals manufac-turerDue diligence of the supply contract.

Global hotel chainExpertise in and development of the

contractual links structure.


Tel.: +7 (495) 660 49 09, www.kiap.com

Large Russian invest-ment companyMultidisciplinary consulting in the sphere of requirements of the Russian legislation to operations of the rabbit farms, including environmental and veterinary regulations.

Leading company specializing in de-velopment of marketing programs for retail businessDrafting the documents in the sphere of personal data protection for the client.

29

.

Bankruptcy

Developing the strategy of liquidation and corporate bankruptcy of a company

Advising on bidding procedures in a bankruptcy action

Blocking unscrupulous lenders from inclusion into the registry of lenders

Representation of the debtor and insolvency officers in court hearings and creditor committee meetings

Advising on the procedures of financial analysis and the extent of the oversight stage, external management and bankruptcy proceedings

Contesting questionable transactions on behalf of an insolvency officer

Representation of the management and incorporators of a debtor in claims for vicarious liability damages

Contesting illegal actions by insolvency officers

Requiring an insolvency officer to contest questionable transactionsBlocking the transfer of assets

from a debtor’s estate

Representation in court hearings and creditor committee meeting

Recovery of damages from the debtor’s management

Pre bankruptcy forensic analysis

Inclusion into the lenders’ registry

Advice concerning liability of a subsidiary of a debtor

Advice on criminal law mechanisms in bankruptcy

KIAP provides excellent, responsive and innovative service.Legal 500 EMEA

“

SERVICES

Lenders

Debtors and insolvency

of

fice

rs

Infographic


Andrey KorelskiyManaging partner Attorney at law, [email protected]

Ilya DedkovskiySenior AssociateAttorney at [email protected]

Команда


.

Ban

krup

tcy

PROJECTS


Largest Russian company of elec-tric energy Advising the client on matters related to the structuring of relations with one of the largest Russian contractors involved in the construction of power sector facilities in connection with its bankruptcy. The amount of the debt was about 36 billion rubles.

Debtor’s former director Representation of the client in an action for vicarious liability damages of 46 mln

roubles. The court of fi rst instance and the court of appeal upheld the fi rm’s position that the direc-tor’s actions were legally valid.

Irish Bank Resolution Corporation Limited

Representing the client in a series of dis-putes related to the bankruptcy of a major international fi nancial group, including execution of judgments from the Republic of Belize and the Republic of Northern Ireland by RF SСC (amount at issue: 200+ mln euros).

One of the biggest airline companiesRepresenting the client’s inter-ests in a bankruptcy matter of a large tour operator.

World’s leading supplier of innovative products and systems based on stone wool Representing the client in a bankruptcy matter of a warrantor.

Debtor’s former director Representation of the client in an action for vicarious liability damages of 250 mln roubles. The court of fi rst instance and the court of appeal upheld the fi rm’s position that the director’s actions were legally valid.

One of the world’s largest chemical companies Representation of the client as a creditor in a bankruptcy case in central Russia.

Major Southern Russia energy company Representation of the client in bankruptcy proceedings.

Global marketing company operating in more than 60 countries worldwide

Representation of the client in bankruptcy proceedings against a major distributor of the company’s products in Russia, the representative of Noble House group.

31

.

Administrative practice

Ilya IschukPartnerAttorney at lawPh.D in [email protected]

Alexey SizovPartnerAttorney at [email protected]

InfographicTeam


SERVICES

Preparing of legal views for cases on administrative offences

Legal assistance in the course of inspections of state and municipal bodies

Evaluation of administrative and legal risks in the course of implementation of business projects

Advisory services on issues of the administrative law and administrative procedure

Representation in state and municipal bodies

Evaluation of lawfulness and relevance of decisions, actions and claims of state and municipal bodies

Appeal of unlawful decisions and actions (omission) of state and municipal bodies in accordance with the official and legal procedure

Recovery of losses and damages, incurred by actions (omission) of state and municipal bodies

Evidence analysis, evaluation and formation

Official and legal representation in the course of proceedings for cases on administrative offences

Defense of rights and interests of injured persons

on a

dmin

istra

tive

Defense for ca

ses

offence

s

with state and m

unicipa

l

Support in

dis

putes

bodie

s

and advisory services

and legal supportAdministrative


.

Adm

inis

trat

ive practice

Large trading company Representing the client’s interests in the case on administrative liability for import and sale of products covered by sanctions. The court found that the actions of the company complied with the laws and terminated the proceedings on the case.

Foreign trading company Advisory services on the issues of

import and turnover of alcohol-containing products on the territory of the Eurasian Economic Union and the Russian Federation.

International trading companyRepresentation of the client’s interests in a series of administrative cases initiated in connection with the violation of technical

regulations. As a result, the courts refused to satisfy the claims of the administrative body to suspend the operation of the company.

Participant of the marketing services market Advisory services on a number of issues related to compliance with the laws on protection of consumers.

Trading company Defense of the client in the case

on administrative liability for sale of goods containing illegal reproduction of another person’s trademark. Based on results of the legal investigation the arbitrazh court awarded to refuse in prosecution of the company.

Construction companyContestation of the decision of the district administration on refusal to transfer a title to a land plot to the client company. The decision of the administration was found to be unlawful, the arbitrazh court obliged the administration to transfer the land plot into the ownership of the company.

Large retailer Official and judicial defense in a series of cases on suspension and cancellation of a license for retail sale of alcoholic products. As a result all legal claims of the parties were abandoned, the client company continued to sale alcoholic products.

International companyAdvisory services on the issues of technical regulation on the territory of the Eurasian Economic Union and the Russian Federation.

PROJECTS

KIAP, Attorneys at Law3rd fl oor, 4/5 Baker Plaza, 68/70 Butyrskiy Val st., Moscow, 127055Tel.: +7 (495) 660 49 09, www.kiap.com33

.

Customs and International Trade

Proceedings in cases regarding administrative offences and administrative liability

Customs clearance and customs control over imported and exported goods

Estimation for the customs value of the goods and verification thereof

Protection of rights and lawful interests throughout measures undertaken by customs agencies for customs control purposes

Specifics of the foreign trade regulatory regime in light of Russia joining the Word Trade Organization (WTO)

Refunds of overpaid customs duties, taxes and recovery of interest for violation of the timeframe applicable to the refunds

Evaluation and minimization of customs risks

Nuances of customs procedures applied in the event of import/export of multicomponent items in unassembled/dismantled form

Structure of transactions based on requirements of the customs and currency control laws and the rules of the WTO

International leasing transactions

Compliance with prohibitions and restrictions

Application of benefits and preferential norms

Classification of goods and obtaining rulings of the customs authorities regarding such classification

Adjustments to the customs value of goods

Re-assessment and recovery of customs duties

Wrongful refusal on part of the customs agencies to undertake requested actions or adopt requested rulings

Assistance in disputing unfounded demands by customs agencies

SERVICES

Disputes

Consulting

During our cooperation your team demonstrated excellent knowledge in the areas of labor, tax, customs and corporate law, as well as on intellectual property issues. KIAP could be characterized by precision in execution of obligations, responsibility, innovative approach in solving complex tasks and excellent knowledge of the industry.Anna Salivon, Head of Legal Department, Otto Group Russia

“

TeamAlexey SizovPartnerAttorney at [email protected]


Infographic



.

Cus

tom

s an

d In

tern

ational Trade

PROJECTS


Major trader Representation of the interests of a client subjected to a desktop customs audit, which resulted in extra customs charges for earlier imports. A review of the au-dit fi ndings suggested that the cus-toms ruling could be challenged under a pre-action protocol. Having reviewed the complaint, the superior customs authority found the customs charges illegal and set aside the ruling.

Major trader Advising the client on changes in the TN VED [Export and Import Commodity Classifi cation (IMEXCC)] classifi cation code for prior imports.

Major trader Challenging a customs ruling requiring to pay extra customs charges on previous imports.

Outcome: the challenge upheld under a pre-action protocol and the customs ruling set aside by a superior cus-toms authority.

Clothing importer Advocacy for the client in a series of admin-

istrative actions for misdeclaration and fi ling of invalid documents when completing customs formalities. All court rulings holding the com-pany liable were quashed by a superior court, with proceedings in the cases terminated.

QuelleRepresenting the client in a dispute with the Russian Federal Customs Service regarding the procedure for determining the customs value of goods bearing trademarks subject to license payments. As the result, the decisions of customs authorities were proved illegal. These claims have set a positive prece-dent at the federal level.International trade company

Representing the client in an appeal against the decision of the Federal Customs Service on trade value correction. The above-mentioned decision was found unlawful by the courts, and the risk of the company being unjustifi ably charged was mitigated.

Subsidiary of a mining and smelting holding Representation of a client in a series of customs disputes with the customs agency with respect to refunds of customs duties enforced against the company. Result of the dispute: customs duties refunded, with the interest paid by the customs agency for having violated the time-frame with respect to the refund.

Global player in the garment market Advising the client on customs valuation under contracts between affi liates.

SchindlerAdvising a multinational company on import of multicomponent goods into Russia and prevention of customs irregularities.

Mining and smelting company Successful defence of the client in several court disputes with customs agencies on invalidation of rulings with respect to adjustments to the customs value for imported goods.

Major importer Advising the client on the applicability of tech-nical regulations to imports into the Eurasian Economic Union.

Pitney Bowes Advising the client on import to Russia of complex postal equipment.

35

.

Forensic. Legal Inquiries

Advising other lawyers on complex legal cases (including criminal matters)

Examination of third parties’ legal discipline in transactions

Examination of staff in company business units including legal and financial discipline

Investigation into corporate frauds and other abuses by the company’s staff and business partners

Collection, analysis and legalization of a body of evidence for Russian and international civil and commercial litigation

Examination of the legal and financial discipline of managers in favor of shareholders

All of KIAP’s lawyers are responsive, enthusiastic and fi ght hard to achieve the best possible result.Chambers Europe

“

SERVICES

Forensic

Legal Inquiries

TeamKonstantin Astafi evPartnerAttorney at [email protected]

Infographic



.

Fore

nsic

. Leg

al Inquiries

PROJECTS


Russian company Conducting an internal corporate investigation of a company into possible participation of a director of the branches of the company in fraudulent schemes. As a result of an investigation the complete structure of the fraud-ulent group became revealed, as well as the details of the fraudulent schemes the group was engaged in. The employment relations with the members of the group were terminated.

A number of Russian and foreign com-panies Conducting a series of forensic investigations into the goodwill of the clients required for addressing fraud and premeditated bankruptcy statements to the law enforcement agencies.

Largest European manufacturer of construction materials Carrying out of due diligence and examining

the fi nancial results and procedures of potential counterparties for our client. Our report assisted our client in taking a strategic decision to de-velop a distribution network in one of Russia’s regions.

International company pro-ducing alcoholic beverages

Representing the client as part of an internal corporate investigation into possible corrup-tion-related abusive practices on the part of the company’s counterparty’s employees. As a result of the investigation a number of company employees were found out to be participating in a series of illegal actions; the respective statements were fi led with the law enforcement agencies, and employment relations with the above-mentioned employees became termi-nated.

One of Europe’s largest food manufac-turers Carrying out of legal and fi nancial due diligence on a major Russian food manufacturer. The due diligence report was prepared for consideration by the board of directors of our client when they were considering whether to enter the Russian market through a cross border merger with a Russian company. The estimated cost of the transaction is approximately one billion US dollars.

American food manufac-turer Investigation into corporate fraud involving a number of top corporate managers. The investigation identifi ed a number of companies doing business with our client. The ultimate benefi ciaries of said companies were on the client’s staff . Their insider deal-ings served the interests of the entities they controlled, which usually was detrimental to the interests of the client, and made losses on more than one occasion. The probe identifi ed all parties to the dealings and the entities under their control, which enabled the client to make adequate HR and legal arrangements.

Foreign bank Gathering and vetting of evidence suggesting graft in an acquisition of a package of assets in the Russian market with the involvement of a Western bank. The fi ndings were notifi ed to the head offi ce of the bank, and appropriate HR arrangements were made.

Oil company Gathering of information about the company, its ultimate benefi ciaries and affi liates as part of Due Dili-gence for the purposes of in-depth assessment of legal and fi nancial exposure, bona fi des and intentions of the asset seller. The project was meant to enable the client to make an informed decision on the acquisition of a regional petroleum company with a network of fi lling stations. The probe established that the company’s

ultimate benefi ciaries include local civil servants, with the public sector accounting for the bulk of contracts. This intelligence gave a strong hand in negotiations and made it possible to close the deal on terms favourable to the client.

37

.

Moscow office3rd floor, 4/5 Baker Plaza,

68/70 Butyrskiy Val St.,Moscow, 127055

Tel.: +7 495 660 49 09 Fax: +7 495 660 49 08

E-mail: [email protected]

www.kiap.com

http://www.kiaplaw.ru

Date post:	04-Aug-2020
Category:	Documents
Upload:	others
View:	1 times
Download:	0 times

KIAP Brochure ENone way or another prompt the Federal Bailiﬀ Service to improve the enforceability...

Documents