Practice · 02
Civil
and commercial
cases
I help business owners, company executives and private individuals in disputes over contracts, debts, losses and corporate conflicts: from a pre-action claim letter and negotiations to court proceedings, appeals and enforcement of the judgment.
What the work
includes
-
01Before court
Pre-action claim letter and negotiations
I review the contract and correspondence, prepare a claim letter or a response to one, and take part in negotiations. If the parties reach agreement, I help set out the terms in a written agreement.
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02Court
Court of first instance
I prepare the statement of claim or a defence to it, gather evidence and, where necessary, ask the court to grant interim measures. I take part in hearings before the commercial (arbitrazh) court or a court of general jurisdiction.
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03Appeals
Appeal and cassation appeal
I prepare appeals and cassation appeals, or responses to appeals by the other party, examine the judgment and the case file for breaches of the law, and represent clients in higher courts.
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04Enforcement
Enforcement of the judgment
I obtain the writ of execution, send it to the debtor’s bank or to the bailiffs, monitor the enforcement proceedings and, where necessary, challenge a bailiff’s failure to act.
When clients come to me
-
01
A counterparty does not pay or does not perform the contract
We will check the documents and calculate the debt and the contractual penalty. We start with a pre-action claim letter: as a rule, a monetary claim under a contract is brought before the commercial court no earlier than 30 calendar days after the letter is sent (Article 4(5) of the Russian Commercial Procedure Code).
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02
You have received a claim letter or a lawsuit
We will check whether the claims are well founded and whether the limitation period has expired. The general limitation period is three years (Article 196(1) of the Russian Civil Code). The court applies limitation only if a party raises it before the judgment is given (Article 199(2) of the Russian Civil Code).
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03
A conflict between company members
Disputes over the expulsion of a member and challenges to resolutions of general meetings and to the company’s transactions are heard by the commercial court. We will assess the position, gather the company’s documents and choose how to protect your interests: from negotiations to a lawsuit.
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04
You need to recover losses
Losses include actual damage and lost profit (Article 15(2) of the Russian Civil Code). The claimant must prove the breach, the amount of the losses and the causal link between them, so we prepare the documents and the calculation in advance.
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05
A court judgment is not being complied with
A writ of execution for the recovery of money can be submitted to the bailiffs or directly to the debtor’s bank. As a general rule, this is done within three years of the date the judgment enters into legal force (Article 21(1) of the Law on Enforcement Proceedings).
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06
The debtor is on the verge of bankruptcy
It is important for a creditor not to miss the deadlines for having its claim included in the register of creditors’ claims. A company owner needs to assess in advance which transactions may be challenged and the risk of subsidiary liability.
If a dispute has
already begun
- 01
Do not miss deadlines. As a general rule, an appeal is filed within one month after the full text of the judgment is prepared (Article 259(1) of the Russian Commercial Procedure Code, Article 321(2) of the Russian Civil Procedure Code). In simplified proceedings the time limit is shorter.
- 02
Gather the documents: the contract, supplementary agreements, acceptance certificates, delivery notes, invoices and payment orders.
- 03
Keep your correspondence with the counterparty: letters, emails and messages in messaging apps.
- 04
Do not sign reconciliation statements, letters of guarantee or agreements on the debt without understanding the consequences: they may confirm acknowledgement of the debt, and acknowledgement interrupts the limitation period (Article 203 of the Russian Civil Code).
- 05
Call a lawyer: +7 999 085-85-99.
How the work is organised
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01Call
Briefly tell me what the dispute is about. I will clarify the details and tell you which documents to gather for our meeting.
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02Consultation
We go through the documents, check the deadlines, and discuss the options and the risks of each: negotiations, a pre-action claim letter, court.
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03Agreement
We set out the scope of work, timescales and fee in a legal services agreement.
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04Handling the case
I prepare the documents, conduct negotiations and take part in hearings, keeping you informed at every step.
Questions
Can a dispute be resolved without going to court?
Yes, if the parties are willing to reach agreement. The terms are set out in a written agreement. If the case is already in court, the parties can conclude a settlement agreement. It is approved by the court, and if the settlement agreement is not performed voluntarily, a writ of execution can be obtained on the basis of it.
How much does handling a case cost?
The cost depends on the complexity of the dispute, the volume of documents and the number of court instances. We determine it after the consultation and set it out in the agreement. If the judgment is given in your favour, the court may order the other party to pay your representation costs within reasonable limits (Article 110(2) of the Russian Commercial Procedure Code, Article 100(1) of the Russian Civil Procedure Code).
How can a debtor be prevented from moving assets out of reach before the court decides?
You can ask the court to grant interim measures, such as freezing the defendant’s property or the money in the defendant’s accounts. The court grants them if the applicant shows that without such measures it would be difficult or impossible to enforce the judgment (Article 90(2) of the Russian Commercial Procedure Code, Article 139 of the Russian Civil Procedure Code).
Related
publications
All publications
Other practice areas
All practice areas
Let’s discuss
your situation
If you have received a claim letter or a lawsuit, or a counterparty is not performing a contract, do not put off speaking to a lawyer. Call, and we will work out what to do now.
The information on this page is general and does not constitute legal advice.