Law Firm «YUSTINA» founded in 1992 “Yustina” Law Firm is a solid team of professionals operating with traditional and original legal technologies, rendering system legal assistance to commercial projects, using their vast knowledge and unique experience in various law practices. Practice Areas Court Representation “Yustina” renders full court-representation services, including all category litigation in state arbitration courts, general jurisdiction courts, arbitration courts, Constitutional Court, European Court of Human Rights at all stages. Property practices “Yustina” lawyers offer due diligence investigations of corporate activity, real estate transactions (document & “legal history” analysis, acquisition, alienation planning, tax optimization, contract drafting; notary, valuer, insurance company engagement). Practice Areas Corporate Law Corporate relations advising. Stockholders' meetings legal support. Entities acquisition. Advising on property protection, title registration & storage. Protection against hostile takeovers. Corporate Restructuring. Practice Areas Taxation Appealing against tax authorities’ decisions, tax officials’ actions in higher bodies and in court. Court appealing against tax normative acts. Legal position, documents preparation and taxpayer representation in the Constitutional Court and the European Court of Human Rights. Advising on business taxation solutions. Documents legal analysis, due diligence, legal position preparation, defense on complicated tax litigations. Tax optimization and business activity advising. Practice Areas Mediation Our attorneys are highly experienced in conciliations. “Yustina” participates in the work of the United Mediation Service of RSPP. Finance Law, Securities Legal support of the companies, issuing securities. Advising on Banking Law, including international finance transactions. Banks and finance institutions legal support. Practice Areas Bankruptcy Overall legal support of bankruptcy procedures, including : Corporation insolvency prevention, Court representation on bankruptcy litigation, Advising on preferable debtor bankruptcy procedure (external control, bankruptcy proceedings), bankruptcy planning and legal support, Pre-bankruptcy asset transactions analysis on the point of court appealing prospects. Practice Areas Insurance Legal support of transactions with insurance companies. Advising on preferable type of insurance, depending on the object. Insurance litigation in state arbitration courts, general jurisdiction courts. International Law Legal support of international transactions. International Law legal solutions. Investment projects preparation and legal support . Practice Areas Intellectual Property Legal advise on copyright and allied rights, trademarks, patents, industrial designs, inventions, utility models; Court protection of IP rights. Nonmaterial Benefits (honour, dignity, business reputation , good name) Due diligence investigations of nonmaterial benefits protection prospects. Court representation on nonmaterial benefits protection. Practice Areas Environmental Legislation Legal advise on ecological delinquencies liability. Legal support of industrial building projects. Court representation on ecological litigations. Criminal and Administrative Law Defendant, complainant, civil plaintiff and civil defendant representation in preliminary investigation and court proceedings. Legal advise on administrative, tax and customs delinquencies. Legal representation in front of any state authority. 24/7 emergency arrival to the conflict spot. Personal advisor “Yustina” lawyers advise proprietors and top managers on personal legal matters. Basic Principles “Yustina’s” fruitful and effective cooperation with its Clients is based on rigorous observance of rules, laid down in “Client Negotiations Code”, which is the result of the Firm’s longstanding activity on legal services market. - professionalism - full confidentiality of Client-Lawyer communications - rigorous observance of advocate ethics Basic Principles - efficiency of the legal services, rendered to the Client - universality (branch specialists engagement providing effective Client’s legal support) - accessibility 24\7. Litigation Practices Banking, Management, Corporate relations «Mosenergo» “Yustina” successfully represented «Mosenergo» against «Mejregiongas» on 200 mil. USA dollars recovery dispute. Case terminated in agreement of lawsuit. Our attorneys successfully represented «Mosenergo» before state arbitration courts on bill litigation. «Rosvoorujenie» State enterprise The Firm represented «Rosvoorujenie» before courts on 19 mil. USA dollars recovery actions. «Sibneft-Ugra» LLC Our attorneys successfully represented «SibneftUgra» in litigation concerning the appeal against the increase of authorized capital of the company. The action was rejected. «Nakhodkinskaya active fishing lodge» The Firm successfully represented The Lodge against the action for 32 mil USA dollars recovery. «Vostsibugol» Litigation with JSC «Ural heavy machinery factory». Dispute ended in agreement of lawsuit. «Chemical Combine of Siberia»FGUP The Firm successfully represented «Chemical Center of Siberia» against JSC «Tomskiy oil – chemical combine» in a general share holding litigation. «Stroytransgas» JSC The Firm successfully represented «Stroytransgas» before state arbitration courts and general jurisdiction courts against the Gazprom claim of 4,83% shares to the sum of $1 mlrd. recovery. Case terminated in agreement of lawsuit. «Rosneft» Oil Company Our attorneys represented branch enterprises of «Rosneft» - Krasnodarneftegas and Stavropolneftegas before state arbitration courts and general jurisdiction courts in a dispute, concerning minority shareholders hostile actions. Litigation Practices Banking, Management, Corporate relations International Finance- Industrial Group «Liral» The attorneys of the Firm successfully defended the Group against an action about 12 mil dollars recovery. The action was rejected. «Mejdurechye» JSC Our attorneys advised the general shareholders of «Mejdurechye» JSC on regaining control over the Company and re-establishing of legitimate administration. «PFG Rosvagonmash» JSC The Firm represented the company in a dispute with the Ministry of Communication Tracks of Russian Federation concerning its action about the recovery of 8 mil dollars of freight. «Moscow Stud № 1» “Yustina” represented the Stud in a multi-instance dispute concerning the transaction of 250 hectare agricultural land plot in Uspenskoe Village of Moscow region. «Grain distribution stock № 1» The Firm represented the biggest distribution stock in Moscow in privatization nullity litigation with the Prosecutor’s Office of Moscow. The Prosecutor’s appeal was rejected. «European High- School» Our attorneys represented the High-School in school premises acquisition nullity litigation with the Prosecutor’s Office of Moscow. The Prosecutor’s appeal was rejected. Litigation Practices Banking, management, corporate relations «Helicopters-MI» Scientific Industrial Enterprise of Kazan The Firm successfully represented the helicopter factory in a bill dispute with “DM-Master”. Sberegatelniy Bank of Russia Our attorneys represented the bank in a dispute concerning damage claim of 6 mil dollars. Most of the applications were rejected. The attorneys of the Firm successfully challenged an aval of Sberegatelniy Bank for 20 mil dollars. «Financial Industrial Bank» “Yustina” represented the Bank in a dispute with “Varyeganneftegaz” JSC concerning an action on the levy of 2,5 mil dollars of unjust enrichment. The action was upheld. «Russian National Commercial Bank» The Firm represented the Bank in a dispute with “Stankoimport” FGUP concerning a levy of 1 mil Euro. The action was rejected. «All-Ukrainian Joint-Stock Bank» Our attorneys represented the Bank in a dispute with “Joint Stock Bank “Inkombank” JSC concerning the levy of 3 mil dollars. «Electronica» Bank “Yustina” represented the Bank in a dispute with the Trading House “Ufimskie Motory” concerning an action about the levy of debts on credit contracts. «Eleksbank» The Firm successfully represented the Bank in a litigation concerning the levy of 33 milliard rubles from the Moscow Collection department of Central Bank of Russia The action was upheld. «Kurskiy Province Bank» Our attorneys represented the Bank in a dispute concerning the levy of the debts on credit contracts from “Vneshnetorgovoe Obyedinenie Rosvneshtorg” JSC. Litigation Practices Banking, management, corporate relations «Commercial Popular Bank» “Yustina” represented the Bank” in a litigation with the government of Moscow. «First City Bank» Our attorneys successfully represented the Bank in a bill litigation with “Home Design International L.C.” «Razgulay» Trading House The Firm represented the Trading House in a dispute with Goscomrezerv of Russian Federation concerning its action about 2 mil dollars levy. Most of the claims were rejected “Yustina” successfully represented the Client in a dispute concerning the levy of the debt for the heat energy supplied, from “Moscow NII of Radio Communications”. Our attorneys represented the Client in a litigation concerning the levy of the debt for the goods supplied, from “Rosexportles” JSC. «Seagoal RadioPage» (The USA) The Firm successfully represented the Client in a litigation, concerning the ownership of the general shareholding of “RadioPage Tula”. «Almaz Independent Group» and «Swiss watch House» “Yustina” represented the Companies in litigations, concerning the claims of 2 mil dollars, addressed to them. The actions were rejected. «Novaya Zarya» Perfumery Our attorneys successfully represented the Perfumery in disputes, concerning the levy of debts for the goods furnished. The Firm successfully represented a non-resident Client in a dispute with Moscow Export-Import Bank, concerning the levy of 800 thousand dollars debt. «Electroizolyator» Gjel Factory “Yustina” represented the Factory in a dispute, concerning the restitution of illegally alienated properties – productive capacities. Litigation Practices Banking, management, corporate relations «ICN Pharmaceuticals Inc» “Yustina” successfully represented the Pharmaceutical Company in litigations, concerning the shareholder’s actions about declaring the transactions of the Company void. «NPO Plastic» Our attorneys represented “NPO Plastic” in a dispute, concerning the declaration of the results of the second issue void. The action was rejected. «Mosstroy-17» The Firm represented «Mosstroy-17» in litigations concerning the ownership of an uninhabitable building, accrued in a process of privatization. The action was upheld. «Kolomenskiy» Departament Store “Yustina” successfully represented the Store in a dispute with Moscow Committee of Real Estate Administration, concerning its action about declaring the Store building purchase and sail agreement void, asking to apply the consequences of invalidity and return the building in the possession of the city of Moscow. The action was rejected. «Radio-Page» JSC Our attorneys represented the Client in a dispute with Gossvyaznadzor of Russia, concerning the right to use frequencies. The dispute terminated in agreement of lawsuit. «Novorossiyskiy Marine Trade Port» The Firm represented the Client in a dispute with Krasnodar Region Department of the Ministry of Antimonopoly Policies of Russian Federation, concerning the declaration of its decision about antimonopoly legislation breach void. «Nakhodka Oil Port» JSC “Yustina” successfully represented the Company in a litigation, concerning port charges. Russian Science Academy Our attorneys represented the Academy in a number of disputes, concerning the levy of land plots in Odintsovskiy district of Moscow Region from the possession of third parties, who illegally privatized the plots. The land plots were returned to the State. Litigation practices Banking, management, corporate relations The Ministry of Health of Russian Federation The Firm successfully represented the Ministry in a dispute with “Brintsalov – A” CJSC concerning the money levy for undelivered insulin. The Ministry of Civil Defense, Emergencies and Natural Disasters of Russian Federation Our attorneys advised the Ministry in a dispute concerning completed block share determination. The Administration of the Moscow Region “Yustina” represented the Administration in a dispute with Independent Trade Unions Federation concerning the ownership of the monument of architecture and gardening art - “Odintsovo” Estate. The action of Independent Trade Unions Federation was rejected. Litigation Practices Tax Law «GAZ» JSC 16 mil dollars VAT return in connection with commodity supplies in the framework of industrial cooperation in CIS. A gap in legal regulation liquidated. «Goloill» Siberian-Texas JSC Representation of the Oil Company in a dispute concerning the price for taxation. «Tsaritsinskiy milk Combine» JSC The tax authorities' claim to pay tax for the second time rejected. ООО «Fruit Rivers» LLC Tax benefits found lawful. «Sibuglemet» JSC The return of VAT on commodity export. «Bryanskiy Arsenal» JSC Litigation on export and currency benefits, concerning the return of VAT. «Metelitsa-Club» JSC Litigation concerning the legitimacy of tax deductions. «Talvis» JSC Dispute on the legitimacy of penalty concerning the presentation of a specified tax return. «Cyprus Airways Ltd» (Cyprus) Representative Office Litigation on a foreign legal entity taxation in Russia. «Beliy Gorod» LLC The return of VAT in a situation, when the taxpayer’s contractor was in breach of tax legislation considered lawful. «Rustehtorg» LLC Extra charge of the tax on the grounds of interdependency of the taxpayer, the seller and the buyer considered illegal. Advice Practices Economic Matters The Firm is a legal advisor of a multiple-discipline holding “Alliance” Group” JSC. Our attorneys effect the legal support of business activity and tax advising of “Daimler-Chrysler Motor Car Leasing” LLC and Daimler-Chrysler House Moscow GmbH (Germany). “Yustina” advised Azraucles Bank (Latvia) on obtaining information about Russian and foreign clients concerning mortgage crediting and business support. Our attorneys advised “Mosenergo” JSC of Energy and Electrification on bill legislation, set off operations etc. The Firm advised “MosOtis” JSC on land tenure legislation, accounting operations with non-residents etc. “Yustina” advised “Komstar” CJSC on land tenure legislation. Our attorneys advised Lenskaya Gold-Mining Company “Lenzoloto” on joint-stock and privatization legislation. “Yustina” advised “Alfa-Eco” on corporate and criminal matters. The Firm advised Sberegatelniy Bank of Russia on real estate acquisition, accounting, investment projects with non-residents, tax optimization. Our attorneys advised Rosenblut International Travel (USA), Group of Companies “Savant” (Cyprus) on the establishment of affiliated organizations in Russia, conducted tax and business support of this activity. Advice Practices Economic Matters The Firm advises “Novaya Zarya” Perfumery on taxation, corporate relations, transactions and agreements, debt levies etc. Our attorneys advised on the conversion of the Perfumery’s debt before the federal budget and the Moscow city budget. They also advised on conversion of statutory stock, which helped to avoid corporate disputes between the shareholders of the Perfumery. Our attorneys advised Moscow Special – Alloy Factory on all corporate and business problems. “Yustina” advises Nutritive Stocks Department of Moscow Government on general economic issues. Our attorneys advised “Nevinnomisskiy Azot” JSC on output export taxations. The firm advises the Group of Companies “Delo”, “Aerofreight” airline, “Aeroelectromash” JSC, “Aviazapchast” JSC, «Оmega Helicopters» Group, “RSK MiG” FGUP, Military Insurance Company, Moscow Reinsurance Company “MoscowRe”, “Eurocredit Bank”, “Finprombank”, “Russian Investment Club Bank”, “Rivoli” Trade Company, “Kontractstroy”, “Paclan”, “Beliy Gorod” Publishing House”, “Sibuglemet” Coal-Mining Company , “Irito” Holding, “Aicon-S” Construction Company, “Meltehsnab” State enterprise, State Russian Archive, “Swiss Watch House” CJSC, «Almaz» (Vienna), “Ecran” NPO, “Souzplodoimport” CJSC, “CITY” JSC, motor companies: UZ Daewoo, Genser, etc. Advice Practices Corporate Law The Law Firm “Yustina” elaborated a legal conception and effected the merger of 2 Russian paging companies in the USA, drawing more than 3 mil dollars from Russian-American Fund, established by the USA Congress, to the Holding. Apart from advising and negotiation support between the shareholders of the Companies, our attorneys conducted a due diligence review of the Holding and its rights on the shares. At the moment we continue to advise on the reorganization of the Holding from a private company to a Joint-Stock company and the increase of the statutory stock up to 20 mil dollars with subsequent quotation on a leading stock exchange of the USA (New-York). The Law Firm “Yustina” prepares and conducts shareholder’s meetings for the companies with considerable amount of shareholders. Such meetings were successfully held in the “Novaya Zarya” Perfumery, “Erken-Shaharskiy Sugar Factory” JSC, “Bakery №1” JSC, “Mosoblstroy-9” JSC, “Multi-Page” JSC, “Radio-Page” JSC, “Ice-Fili” Ice-cream Combine, “Mejdurechye” JSC. Advice Practices Corporate Law The Law Firm “Yustina” advised a Client on acquisition of a considerable shareholding of “Moscow South Port” JSC. The transaction consisted of three stages: (а) acquisition of the shares re-issued in the process of privatization of the State enterprise “Moscow River South Port” (b) victory on a money auction, where the State shares were sold (c) shares acquisition on secondary market. The Firm elaborated a legal conception and prepared full documentation for the registration of 2 finance-industrial groups (in nutrition and chemical industry). Mergers and Acquisitions «Konversbank» CJSC The Law Firm “Yustina” represented a group of state enterprises – the shareholders of “Konversebank” in a corporate dispute between a new shareholder – “MDMBank” and the rest of the shareholders. With the assistance of our attorneys (especially the work they’ve done in State Duma Committee of Bankruptcy, Liquidation and Conversion of Credit Organizations) the dispute was solved in a reasonable compromise. «Mejdurechye» JSC The Firm advised the general shareholders of the «Mejdurechye» JSC on regaining control over the Company and re-establishing legitimate administration. «Confectionary Concern «Babayevskiy» JSC Our attorneys represented «Confectionary Concern «Babayevskiy» JSC in a corporate dispute, concerning the general shareholding ownership. Mergers and Acquisitions «Ice-Fili» JSC Our attorneys represented general shareholders of the company in a corporate dispute with Guta-Bank. The general shareholding was alienated on our Client’s conditions. «Varyeganneft» JSC The Firm advised one of the «Varyeganneft» JSC’s shareholders on a corporate dispute concerning general shareholding ownership. The dispute terminated in agreement of lawsuit. «Korshunovskiy GOK» JSC The attorneys of the Firm represented Steal Group Mechel in a corporate dispute, concerning the control over «Korshunovskiy GOK» JSC. Bankruptcy Practices The Law Firm “Yustina” advises on bankruptcy procedures. Our attorneys are highly experienced in crisis management legal support , they also possess some unique techniques of insolvency management. We advised on the bankruptcy of Zapadno-Sibirskiy Metallurgical Combine, «LLD» Insurance Company, «LLD» Bank, Footwear Trade Enterprise, «МVМ» JSC, NPO «Plastic» JSC, «Elecsbank» CB, «Aeroelectric» JSC, «Klinvolokno» JSC, «InkomBank» Joint-Stock Commercial Bank, «Stupinskiy Metallurgical Combine», «Centroenergomontage» JSC, «Varyeganneftegas» JSC, «Tomskiy Oil Chemistry Combine» JSC, «Moscow searchlight factory» JSC, «M.L. Mile Moscow Helicopter Factory» JSC, «Kristall» FGUP etc. Criminal Practices From the foundation of the Firm, more than 60 criminal charges against our advocate’s defendants ended in acquittals. The Firm provides necessary amount of criminal specialists for the defense on complicated or multiepisode criminal cases. Our attorneys provided successful defense in front of the jury (full acquittals). Public activity State Duma of Russian Federation Law Firm “Yustina” organized and participated in a round table on the state, legal regulation, development prospects of real estate market in Russia along with the Real Estate Subcommittee of State Duma, Publishing House “Economy & Life”, Federal Tax Police Service, The Economical Crimes Board of Moscow, Municipal Habitation Committee of Moscow, City Registration Office of Saint-Petersburg. The work of the round table resulted in elaboration of All-Russian program of rights and legitimate interests protection in real estate transactions. Public Activity State Duma of Russian Federation The Law Firm “Yustina” held a round table on defaulter-enterprises debts conversion by the example of “Novaya Zarya” Perfumery along with the Real Estate Subcommittee of State Duma . All relative state authorities, such as the Government of Russian Federation, State Tax Service, Tax Inspectorate of Moscow, Federal Enterprise Bankruptcy Board, Federal Properties Fund of Russian Federation, notary took part in the round table. The activity of the round table was widely covered by the media and became a guide to action for other enterprises, conversing their debts to the budget. Public activity State Duma of Russian Federation Advocates of the Firm took active part in drafting “Industrial Policies Law”, «Limited Liability Companies Law”, “Joint Stock Companies Law”, “Advocacy and Advocate Practices Law”, latest edition of Part 48 of the Civil Code on Insurance. Constitutional Court Representation Our attorneys represented “Priargunskoe” JSC in the Constitutional Court of Russian Federation in the case of constitutionality inspection of article 84 p. 1 of «Joint-Stock Companies Law». The decision on this case contributed to the theory and practice of minority shareholders challenge of transactions of interest, effected in breach of conclusion order. Constitutional Court Representation The Firm represented “Nutrition Production” CJSC in the Constitutional Court of Russian Federation in the case, concerning the breach of constitutional rights of the applicant by certain paragraphs of articles 88, 171, 172 и 176 of the Tax Code. In its ruling, the Court noted that the abovementioned norms did not bind the taxpayer to produce documents, confirming legitimacy of tax deduction application (in particular, invoice) along with tax return (or/and application for VAT return in case the sum of deductions exceeded the sum of tax to be paid). This duty only emerges after the tax body claims to produce these documents. Thus the Constitutional Court eliminated differences in interpretation of these norms by tax authorities, courts and taxpayers. Constitutional Court Representation “Yustina” attorneys successfully challenged the established practice of advocate’s premises searches without court order. Having examined the application, the Court carried out a ruling, prohibiting searches in advocate’s premises without court authorization. Scientific activity Practical Manual “Attorney at Legal Practices” The Partners of the Firm issued a practical manual “Attorney at Legal Practices”. This book is the first professional manual for advocates in Russia. It contains systemized theoretical findings, practical recommendations and know-how of most experienced attorneys of the Firm. The manual is designed to serve as a guide for both students of legal educational institutions and practicing lawyers and advocates, for it contains practical advice on wide range of juridical problems. The manual has been recently republished for the third time, 20 000 editions in number. In 2006 Law Firm “Yustina” issued a book “Advocate Secrecy” Managing Partners Viktor Burobin President of the Law Firm “Yustina”. Born in 1961. Graduated from Military Krasnoznamenny Institute of The Ministry of Defense (law faculty) in 1983. 1984-1989 – criminal judge. 1990-1992 - Military University lecturer in criminal law. Admitted to the bar since 1994. Highly experienced in corporate law. Bachelor of law. Inspirer and co-author of the practical manual “Attorney at law practices ”, “Advocate Secrecy”, author of “Russian Business Advocacy, experiencing the creation of a law firm”. Author of numerous publications on the important matters of jurisprudence. Practice areas: representation in arbitrazh courts banking, finance law legal crisis management intellectual property Managing Partners Sergey Borodin Born in 1969. Graduated from Military Krasnoznamenny Institute of The Ministry of Defense (law faculty) in 1992. 1992-1995 - legal advisor to the Defense Ministry Office. Admitted to the bar since 1995. Practice areas: land law, real estate legislation corporate law investment legislation court representation Managing Partners Vadim Zlobin Born in 1969. Graduated from Military Krasnoznamenny Institute of The Ministry of Defense (law faculty) in 1991. 1992-1993 - investigator at Military Prosecutor Office. Legal advisor to a national newspaper editor’s office. Partner since 1993. Admitted to the bar since 1994. Author of numerous publications on tax law, advocacy. Co-author of the practical manual “Attorney at law practices ”. Practice areas: bank and enterprise taxations representation in arbitrazh courts Managing Partners Vladimir Pletnev Born in 1969. Graduated from Military Krasnoznamenny Institute of The Ministry of Defense (law faculty) in 1992. 1992 - 1994 - Legal Advisor to the Defense Ministry Office. Admitted to the bar and Partner with the Firm since 1994. Author of numerous publications on tax and bankruptcy law, legal proceedings. Co-author of the practical manual “Attorney at law practices”, “Advocate Secrecy” Practice areas: litigation in arbitrazh courts banking law, securities, property tax law Managing Partners Sergey Starovoitov Born in 1961. Graduated from Military Krasnoznamenny Institute of The Ministry of Defense (law faculty) in 1983. 1983-1994 - investigator at the Military Prosecutor Office. Legal advisor to the security committee of administration of Tomskaya region. Admitted to the bar and partner with the Firm since 1995. Head of the criminal assertion practice. Practice areas: criminal litigation related to economic, tax, commercial disputes Managing Partners Sergey Stepin Director-general of the Law Firm “Yustina”. Born in 1970. Graduated from Military Krasnoznamenny Institute of The Ministry of Defense (law faculty) in 1992. 1992-1994 - investigator at the Military Prosecutor Office. Legal advisor to a national newspaper editor’s office. Partner with the Firm since 1993. Admitted to the bar since 1994. Co-author of the practical manual “Attorney at law practices”. Practice areas: corporate law, securities privatization real estate legislation representation in arbitrazh courts Managing partners Oleg Shamanskiy Born in 1977. Graduated from International Independent University of Environmental and Political Sciences Law Faculty in 1998. Advocate’s assistant in Law Firm “Yustina” since 1996. Admitted to the BAR since 1998. Practice areas: enforcement proceedings arbitrazh and general jurisdiction court litigation