Changes in the arbitration process from 05.01.2024.
The President of the Russian Federation signed Federal Law No. 667-FZ dated 25.12.2023 "On Amendments to the Arbitration Procedural Code of the Russian Federation".
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Consultation and preparation of complaints against inaction of officials violating the rights of citizens of the Russian Federation
Consultation and preparation of complaints against inaction of officials violating the rights of Russian citizens to freedom of movement and choice of place of stay and residence within the Russian Federation.
Client
International Company. Activities:
- Rental and management of owned or leased real estate property
- Purchase and sale of own real estate
- Management of real estate for a fee or on a contractual basis
Objectives
- Advising a client on a verbal refusal to register subtenants - citizens of the Russian Federation at the place of stay in the district department of settlement and registration of citizens in St. Petersburg and the department for issuing internal passports and registration of citizens.
- Preparation and submission of complaints about inaction of officials violating the rights of Russian citizens to freedom of movement and choice of place of stay and residence within the Russian Federation:
- to the district Department of the Ministry of Internal Affairs of Russia in St. Petersburg
- to the Department of Internal Affairs of the Main Department of the Ministry of Internal Affairs of Russia for St. Petersburg and the Leningrad Region.
- Representation of the client's interests in state authorities.
Work stages
- Negotiations with the client, analysis of documents submitted for registration at the place of residence of citizens of the Russian Federation to the authorized state bodies.
- Analysis of the legislation of the Russian Federation in the field of registration at the place of residence of citizens of the Russian Federation.
- Recommendations to the client on the solution of the issue taking into account the identified gaps in the legislation of the Russian Federation and further actions.
- Preparation and submission of a complaint to the district Department of Internal Affairs of Russia in St. Petersburg.
- Representation of the client's interests in the district Department of Internal Affairs of Russia in St. Petersburg in order to resolve the issue.
- Preparing and sending a complaint to the Department of Internal Affairs of the Main Department of the Ministry of Internal Affairs of Russia in St. Petersburg and the Leningrad region, making an appointment with the Head in order to settle the client's interests.
- Advising the client during the entire process.
Result: The client was provided with recommendations on appealing against inaction of officials with a full analysis of Russian legislation and client’s documents on a specific situation, 2 complaints were prepared and filed, and measures were taken to resolve the situation.
Challenging the refusal to accept documents for the migration registration of a foreign citizen
Consultation and preparation of complaints against unjustified refusal to accept documents for migration registration at the place of temporary stay of foreign citizens (Korea).
Client
International Company. Activities:
- Rental and management of owned or leased real estate property
- Purchase and sale of own real estate
- Management of real estate for a fee or on a contractual basis
Objectives
Legal support on migration issues:
- Recommendations to the client on the verbal refusal to accept documents for migration registration at the place of temporary stay of foreign citizens by the district department of the Department of Internal Affairs of the Main Department of the Ministry of Internal Affairs of Russia for St. Petersburg and the Leningrad Region.
- Preparing and sending complaints:
- to the district department of the Department of Internal Affairs of the Main Department of the Ministry of Internal Affairs of Russia for St. Petersburg and Leningrad region
- to the Main Department of the Ministry of Internal Affairs of Russia in St. Petersburg and the Leningrad Region.
- Representation of client's interests in state authorities.
Work stages
- Negotiations with the client, analysis of documents submitted for migration registration at the place of stay of foreign citizens to the authorized state body.
- Analysis of Russian legislation in the field of migration registration at the place of stay of foreign citizens.
- Recommendations to the client on the solution of the issue and further actions.
- Representation of the client's interests in the district department of the Department of Internal Affairs of the Main Department of the Ministry of Internal Affairs of Russia for St. Petersburg and Leningrad Region in order to resolve the issue.
- Preparation and submission of a complaint to the District Department of the Department of Internal Affairs of the Main Department of the Ministry of Internal Affairs of Russia for St. Petersburg and Leningrad Region.
- Preparing and sending a complaint to the Department of Internal Affairs of the Main Department of the Ministry of Internal Affairs of Russia for St. Petersburg and the Leningrad Region.
- Advising the client throughout the process.
Result: On the instructions of a higher government body, the district department of the Department of Internal Affairs of the Main Department of the Ministry of Internal Affairs of Russia for St. Petersburg and Leningrad Oblast accepted the client’s documents for migration registration at the place of temporary stay of foreign citizens.
Legal support of employee dismissal: analysis and finalization of documents, consultations and negotiations
Client
Russian company. Activities:
- Construction of residential and non-residential buildings
- Activities related to the use of computer equipment and information technologies
- Consulting on commercial and management issues
Objectives
- Dismissal of an employee due to failure to pass the probationary period for reasons of improper performance of labor tasks
- Analysis of documents, minimization of risk for the client in case of protection of rights in court in case of dismissed employee's appeal to the court
- Preparation of relevant documents and recommendations, negotiations for successful implementation of the dismissal case and mitigation of adverse consequences for the company
Work stages
- Analyzing existing client documents for a specific employee
- Recommendations on finalizing the necessary forms
- Development of a complete set of documents to be delivered to the employee, taking into account the deadlines for dismissal under this procedure
- Negotiating with the client, explaining the terms and conditions of the dismissal, and the latter when appealing the dismissal procedure
Result: after preparation and delivery of all necessary documents to the employee, the employee decides to terminate the employment relationship on his/her own initiative, without resorting to dismissal on the employer’s initiative due to failure to pass the trial period.
Protection against contesting the transfer of claim rights to a new creditor under a cession agreement
Client
A Russian company that is an importer of components and equipment for pipelines.
Objective
The client transferred its claim rights to several debtors to another person under a cession agreement. The debtors did not agree with the transfer of claims to the new creditor and filed independent claims with the arbitration court to invalidate the cession agreement. In support of their claims, the debtors stated the following:
- supply contracts concluded between them and the client stipulate the necessity to obtain the debtors' consent to assignment of claims to third parties;
- the identity of the original creditor (client) is of significant importance to the debtors;
- the cession agreement is concluded with the purpose to cause harm to the debtors - to make it impossible to satisfy their counterclaims to the client on payment of forfeit and reimbursement of losses under the supply contracts.
The client turned to Konsu to handle debtors' claims in arbitration.
Work stages
- Situation analysis
- Document preparation
- Developing a legal position
- Representation of client's interests in court
Result: The Arbitration Court concluded that there were no grounds to recognize the cession agreement as invalid and dismissed the debtors’ claims in full.
Legal support for the employer in the area of labor law in the process of staff reduction
Client
International company. Activities:
- Wholesale and retail trade in clothing and footwear in specialized stores
- Sale of products via the Internet
- Rental and management of owned or leased real estate property
Objective
- Resolution of individual labor disputes with an employee in connection with dismissal on the employer's initiative (staff reduction).
- Minimizing risks for the company in terms of fines, compensation payments, and reinstatement.
Work stages
- Analysis of documents prepared by the client for dismissal
- Negotiating with the client on identified violations and inaccuracies in the course of the redundancy procedure
- Study of the statement of claim to identify weaknesses of the plaintiff, preparation of the defendant's legal position, response to the statement of claim in order to maximize the client's defense and prevent reinstatement at work
- Finalization and development of necessary documents, identification of inaccuracies, preparation of a package of documents for the court
Result: successful conclusion of the case in favor of the company, dismissal of the claim in full.
Liability of Russian banks towards clients for the blocking of funds by foreign intermediary banks
The imposition of sanctions by foreign countries against Russian banks has led to the inability of these banks to fulfill their obligations to clients regarding cross-border transfers of funds in foreign currency.
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Review of court practice on bankruptcy in 2022
The approved review by the Presidium of the Supreme Court of the Russian Federation reflects 37 positions on various issues based on the decisions of the Economic Disputes Collegium for the year 2022.
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Issuance of an enforcement order for the implementation of an arbitration court decision may be refused if its execution violates anti-crisis measures
As follows from the court's conclusions stated in the Resolution of the Central District Arbitration Court dated February 27, 2023 in case No. A14-13590/2022, anti-crisis measures related to obligations to foreign persons are part of the public order of the Russian Federation.
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Dealing with accounts receivable
Many companies increasingly face the prospect that their partners cannot fulfill their obligations because of the difficult economic situation and issues related to accounts receivable became relevant to many of our clients.Read more