Nektorov, Saveliev & Partners: Гравитация мысли

Legal practice of "Nektorov, Saveliev and Partners" in the sphere of litigation is positioned by our Company as one of our major and profile professional activity.

We are proud to assert that we have accumulated considerable experience in this area. Thus, we can offer a complex approach to out clients: we shall provide the protection of their interests at all stages of civil and arbitrary proceedings and enforcement proceedings ranging from specific problems to systemic decisions.

Our lawyers have considerable experience in representing the clients’ interests in arbitrary courts and courts of general jurisdiction of all levels including the Highest Arbitrary Court of RF, the Supreme Court and the Constitutional Court of RF.

In the sphere of judicial arbitrary practice "Nektorov, Saveliev and Partners" can render the following services to their clients:

analyzing the perspectives of legal proceeding, assessment of probable positive outcome, deciding on expediency of legal protection of rights;
practical aspects of analyzing the objectives, methods and general strategy of a potential legal proceeding;
major objectives and particular aspects of taking interrelated proceedings in different courts (complex litigation);
assessment of real perspectives of using criminal legal channels to influence an unfair business party in the proceeding;
practical development of plaintiff’s tactics for legal proceeding at all stages. Choice of an adequate system of argumentation and proof;
expediency of measures for the claim security;
practical analysis of the defendant’s defense tactics. Revealing the ‘weakest’ points in plaintiff’s argumentation and proof. Specific aspects of disputing the ground for a claim (invalidity or nullity of a contract, etc.);
specific aspects of disputing a claim on formal procedural ground. Assessment of expediency of filing a counterclaim;
practical recommendations on effective application of legal practice of the Highest Arbitrary Court of RF and other arbitrary courts, of rulings and decisions of the Constitutional Court of RF within giving grounds to the position for the proceeding.

Restitution of corporate control (interest in a commercial organization):

nullification of share\interest transactions;
nullification of rulings of company’s managerial organs;
recovery of shares\interests from illegal possession;
recognition of proprietary rights for shares\interests;
restoration of registration in a share register;
compensation of damages from the company\registrar resulting from improper keeping of a share register;
protection against non-amicable mergers;
protection against greenmail;
other preventive remedies for restitution of interest rights.

Disputing transactions concluded by the company:

major transactions;
transactions involving special interest;
other transactions requiring approval by the company’s managerial organs.

Disputing decisions of the company’s managerial organs:

rulings of the general shareholders’ (participants’) meeting;
rulings of the board of directors.

Obligating the company to take actions for realization of the shareholders’ (participants’) rights.

Disputes with special registrar on keeping and making up the register.

Compensation of damages to the company resulting from:

parent company’s mandatory direction to a subsidiary to conclude a transaction;
company’s transactions with participation of interested parties;
guilty actions of the company’s managerial organs.

Disputes on incorporation, reorganization and liquidation of a company.

Disputes on participants’ drawing away and participants’ elimination.

Shares and interests:

disputing the refusal in the issue state registration;
nullification of placement transactions;
disputes resulting from realization of a shareholder’s\company’s pre-emptive right.

Disputes resulting from non-amicable mergers.

Other corporate disputes.

Recovery of property from alien illegal possession;
Protection against unjust recovery of property;
Recognition of property rights in a judicial proceeding;
Nullification of transactions and recovery of the transferred items;
Appealing against refusal in state registration of real estate rights;
Release from unlawfully sequestrated attachment;
Elimination from distress;
Imposition of a penalty on mortgaged property;
Disputing transactions on the clients’ property disposal;
Disputes resulting from ownership, use and administration of real estate sites;
Appealing against acts, actions (omissions) of court bailiffs within their execution of a proceeding in respect of a client’s property;
Other disputes in view of protection of property rights and other proprietary rights.

Non-execution or improper execution of:

delivery contracts;
purchase and sale contracts;
turnkey contracts;
contracts of service;
leasing contracts;
loan agreements;
bond issues;
credit contracts;
freight contracts;
other contracts.

Compensation of damages resulting from non-execution or improper execution of contracts.

Protection against unjust debt recovery.

Penalty recovery/making a claim for penalty reduction.

Other disputes resulting from debts recovery or violation of obligations.

Nullification of contracts resulting from their non-conformity with:

standard contract;
mode of performance;
contract procedure;
other grounds.

Nullification of contracts resulting from:

non-compliance with the law;
executed by a legal entity beyond its legal capacity limits;
executed by a legal entity beyond its powers;
fraudulent or sham transaction;
other grounds.

Declaring contract illegal resulting from:

absent agreement of the parties on its subject;
absent certain material term of a contract;
absent state registration (on certain types of contracts);
other grounds.

Termination of a contract resulting from:

violation of the contract by the other party;
considerable changes of circumstances.

Protection of investors’ rights in the security market.
Appealing against actions or omissions of state organs and officials.
Nullification of non-normative acts of state organs and officials.
Appealing against the refusal in licenses.
Nullification of legislative acts.
Legal defense in administrative disputes on bringing to responsibility.
Disputes on state registration of legal entities (incorporation, reorganization).
Other administrative disputes.

Within protecting creditor’s rights:

taking proceeding on the debtor’s bankruptcy;
putting client’s claims on the register of claimant’s claims;
appealing against illegal refusals in putting claims on the register of claimant’s claims;
disputes resulting from collection of property unlawfully admitted into the bankrupt’s estate;
disputes resulting from recovery of the debtor’s property;
appealing against arbitration manager’s actions;
participation in claimants’ meetings;
appealing against the results of claimants’ meetings;
appealing against debtor’s transactions;
drafting an agreement.

Within protecting debtor’s rights:

assisting an arbitration manager in making up the registry of creditors’ claims and conducting a claimants’ meeting;
objecting to illegal creditors’ claims on putting on the register;
drafting and supervising the conduction of claimants’ meetings.

Assisting an arbitration manager:

disputing transactions executed by a debtor;
recovery of third parties’ accounts receivable;
imposing penalty on mortgaged property;
recovering debts from sureties;
bringing claims on the assignment of secondary liability on those guilty in driving the debtor into bankruptcy.

Extra-judicial procedure:

drafting claims to higher tax organs to settle a dispute;
negotiating with higher tax organs;
drafting objections to the reports of tax audit.

Judicially:

drafting petitions to sue on nullification of tax organs’ rulings and claims;
taking remedies on suspension of acceptance–free recovery of back taxes, charges and fines;
representing client’s interests in tax proceedings in arbitrary courts (of all instances), as well as at the stage of court enforcement action;
recovering legal costs and losses caused by tax organs;
recovering over-paid taxes;
legal expertise of tax organs’ actions and rulings.

Representing client’s interests in arbitrary courts (of all instances) in proceedings against Federal Antimonopoly Service in Russia:

on nullification of transaction and other deals within the suits filed by antimonopoly organs;
on coercion to entering a transaction;
on liquidation of commercial organizations and non-commercial organizations, etc.

Disputing in court the rulings of antimonopoly organs:

on legitimizing market participant’s actions violating antimonopoly legislation;
on putting a party with market share exceeding 35% of a certain commodity market into Market Participants’ Registry;
on bringing to administrative responsibility for violation of antimonopoly legislation.

Disputing in court antimonopoly organs’ orders:

on prevention of actions offering violation of antimonopoly legislation;
on elimination of consequences resulting from violation of antimonopoly legislation;
on restoration of status preceding violation of antimonopoly legislation;
on forced split-up of a commercial organization or on separation from its structure of one or several organizations;
on amendments of terms or termination of a contract or other deals;
on concluding a contract with market participants;
on transferring to the federal budget the income resulting from violation of antimonopoly legislation;
on fulfilling economic, technical, informational and other requirements that are to prevent discriminatory situation;
on taking actions that are to guarantee competition.

Representation of interests within enforcement proceeding.
Cooperation with the organs of the Federal Bailiffs’ Service.
Release from unlawfully sequestrated attachments.
Elimination from distress.
Imposition of a penalty on mortgaged property.
Appealing against acts, actions (omissions) of court bailiffs within their execution of a proceeding in respect of a client’s property.

Legal expertise of disputed situations, consulting on the settlement of a problem, drafting recommendations, drafting reports on probable cause for legal protection.
Analysis and summarizing legal practice, drafting explanations on adjudication practice.
Consulting on application of legislation in legal practice.
Participation in out-of-court settlement of disputes among parties to a dispute (mediation).

Settling disputes of the parties.
Executing settlement procedure.
Drafting an agreement on settling a dispute.

Nektorov, Saveliev & Partners: Law Firm

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