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The development of market relations based on the principle of ownership, the ongoing socio - economic reforms and formation of democratic institutions resulted in the need to create a new system of legal regulation in the sphere of real estate.

Protection of property rights is the use of statutory civil-law methods of protection in terms of eliminating obstacles to the exercise of the right of ownership.

Protection of property rights covered by the broader concept of "security of ownership". Protection of property relations is performed by means of civil-law norms, which establish the affiliation of wealth to subjects of civil legal relations and determining the degree of separation of their property; provide owners with conditions for realization of their rights within certain limits; set adverse consequences for individuals who violate the rights of the owners.

Protection of property relations connected with the state regulation of the distribution of property between the subjects of civil law, and with government permission to own and dispose of property within certain limits.

Security and protection of property rights are closely associated with each other as appropriate civil protection may be exercised only within the protected rights of the owner.

St. 45 of the Constitution proclaims that “everyone has the right to defend their rights and freedoms by all means not prohibited by law”.

This provision equally applies to the protection of property rights. However, the main, most effective methods of protection are those which provides for judicial protection, provided the subject of civil law relations in the result of an appeal to the court for protection of his violated or disputed rights of ownership.

We offer :

  1. Protection of property rights in court
  2. Investor protection in the construction process
  3. Support of investment projects
  4. Projects real estate management
  5. The support of large and nonstandard real estate transactions
  6. Encumbrance of property rights as a way of protection
  7. The withdrawal of real estate to affiliates
  8. The return of property upon illegal alienation
  9. The recognition of the rights of ownership
  10. The removal of obstacles in using property
  11. Legal audit
  12. Reduction of the cadastral value of the land
  13. Pre-trial settlement of disputes
  14. Representation in arbitration courts and courts of General jurisdiction
  15. Land disputes
  16. Corporate disputes
  17. Credit disputes
  18. Customer service (legal outsourcing)
  19. Legal support of show business
  20. The legal support for advertising and production activities of legal entities and individuals
  21. Legal support of economic activities of legal entities and individuals

 

1. Protection of property rights in court.

Lawyers of our firm has considerable experience in resolving disputes arising from investment agreements, construction contracts and contracts of share participation in construction both on the part of shareholder and investor.

During the work our company has created an effective judicial-arbitration practice, in which lawyers comprehensively and effectively represent clients in Government at various levels, Federal agencies, represent clients in trials since the preparation of the legal opinion and the first instance to the Supervisory authorities, including participation in the Supreme arbitration Court of the Russian Federation. In addition, our lawyers are ready to work on the creation of judicial precedents in cases related to real estate, taking into account the position of the higher judiciary, including the constitutional Court of the Russian Federation;

2. Investor protection in the construction process.

Lawyers of our firm designed numerous non-standard schemes of acquisition of real estate, including registration of rights to land plots and their buildings in order to:

• investment protection when entering the project several co-investors;

• ensure the privacy of persons who are unable to disclose their participation in the project, and include them in the number of investors;

• flexible or discreet use of the Law on share construction to protect investors from unscrupulous developers and General contractors;

3. Support of investment projects

ZAO «Interleks» has practical experience in complex modeling of various investment projects related to land development, clearance, registration, development and involvement investicija physical and (or) legal persons (investors, shareholders, etc.). We have also developed and is constantly improving a complete package of contractual documentation (contracts of share participation in construction, investment contracts, contracts of a target loan, partnership agreements, Agency agreements, construction contracts, etc.). In this regard, we invite developers, investors, builders and construction companies to implement effective schemes to attract investment for residential and commercial construction and (or) the creation of investment-construction companies.

In the process of developing financing schemes (structuring transactions), our specialists are:

• risk assessment of the project initiators and potential investors/creditors and methods of their minimization;

• analysis of possible financing schemes of the project and the preferred option, including the assessment of the use of combined financing schemes;

• development of a mechanism of attracting financing and closing the transaction;

Competitive advantage we are developing schemes and contractual (legal) structures is:

• creating a secure economic and legal guarantees to reduce investment risks for Project participants; the exclusivity of the developed schemes, including consideration of all nuances of the business and wishes of the participants of the investment project.

• respecting the interests of each participant of the investment project: land owner, Developer, Investor, Customer, Shareholder, Contractor, Contractors, etc.;

• a harmonious combination of all aspects of the investment project: managerial, political, psychological, marketing, economic, financial, legal, tax and accounting;

• ensuring effective procedures for the issuance of rights (rights) to the newly built real estate objects and land plots with a view of minimizing legal risks;

The basic principles for the provision of services in the field of support of investment projects are the guarantees of legal and tax security, conflict-free projects, prevention of risks of occurrence of judicial and administrative disputes, teamwork and a systematic approach to analysis, modeling and support of investment projects.

Our specialists are ready to support investment projects at all stages, from development of idea, preparation of business plan, negotiations with potential project participants, to obtain loans, investments, conclusion of appropriate agreements in the framework of the project of creation of management companies, registration of collateral and execution of other financial instruments up to the moment of delivery of the object of investment in operation.

4. The support of projects for real estate management.

In the management of large property complexes, a number of problems whose solution is at the intersection of management, Economics and law. In the course of developing and implementing schemes of managing complex real estate lawyers, ZAO «Interleks»:

• develop the regulations of the management and service companies among themselves, with tenants, utilities, owners and employees;

• prepare standard forms of contracts, regulations, instructions, orders;

• advise client on legal issues related to the implementation of the developed forms of documents;

• assist clients in resolution of disputes arising from the management of property complexes, including in the consideration of the arisen disputes in a judicial order.

5. The support of large and nonstandard real estate transactions.

Support of transactions on sale/purchase of land assets, real estate, construction in progress, include:

• analysis of the proposed transaction with the position of current legislation, current court practice, as well as their projected changes of the current legislation;

• elaboration of optimal scheme of operation ensures its cleanliness and taking into account the need to protect the rights and interests of the client, to ensure fulfillment of obligations by the contractor, as when performing the surgery, and the use of its results in subsequent;

• preparation of necessary agreements;

• assessment of the object of purchase/sale from the point of view of legal purity;

• participation in the negotiations. Support of the transaction until its completion, in terms of the current legislation;

• offer non-standard transactions based solely on existing legislation and judicial practice of Russian Federation. In this custom scheme allows for the first time in Russia to carry out transactions that your opponents will not be able to calculate, and therefore to prevent this;

• monitoring compliance with legal formalities and, if necessary, — support of registration procedures;

6. Encumbrance of property rights as a way of protection.

Encumbrance of property rights is of great interest to consider in choosing the method of ownership rights to immovable property.

The purpose of the encumbrance of the ownership rights is the reduction of unfair investor interest and control over the real property.

Today this preventive method can reduce the attractiveness of the real property from the attacks of unscrupulous investor or Vice versa is illegal to restrict the rights of the owner in the use and disposal of immovable property.

Procedure encumbrance on a property is through an easement, trust management, lease, mortgage, seizure, etc..

Our experts provide professional legal advice and technical assistance in developing the scheme encumbrance of property rights to immovable property to protect. Universal solution our specialists includes the elaboration of legal procedures subsequent withdrawal of property to affiliates.

7. The withdrawal of real estate to affiliates.

Such way of protection of property rights, as the withdrawal of real estate to affiliates is an operational measure.

The operational measure of protection when growing a corporate conflict, in cases where it is necessary to transfer the assets of the company, subjected to capture.

Proactively develop with minimal losses on the withdrawal means, as a minimum, the professionalism and high level of corporate governance owner of the real property.

Today, the main most effective methods of transfer of ownership of affiliates are:

• the transfer of property to the authorized capital of companies;

• the transfer of property as compensation on a debt obligation;

• leaseback;

• sale or assignment of shares (shares);

• purchase and sale of real estate;

• purchase of accounts payable;

Important: the understanding that the output of real estate is usually a necessary step in the protection of property. Minus one or another of the existing scheme can serve as the only chance of unfair investor in the attack. Here are possible miscalculation of the likely steps forward. This will greatly reduce the risk of losing the property.

Experienced specialists of ZAO «Interleks» provide detailed advice on the above ways to display real estate. In order to have the protection of the rights of ownership of experts will develop a combined scheme that is appropriate to the current conflict situation, which will minimize the risk of losing the property in the output.

8. Return of ownership in the illicit alienation.

Legal practice of our specialists shows that when illegal alienation of immovable property return of property possible claim of vindication from the persons owning them at the present time.

A) it is important the fact of seizure of immovable property against the will of its rightful owner.

B) means of proof of this fact can for instance be a decree of the investigative body about recognition of the applicant as a civil plaintiff.

Return of assets is possible, even if it is the real owner declare himself a bona fide purchaser.

Also, this protection possible in the criminal process by filing a civil lawsuit in a criminal case. However, this is valid in cases when the defendant is now the owner of the subject of the dispute or a causal link between the accused and the present owner. In all other cases, vindication should take place independently. With careful analysis of the situation our experts will help to develop a combined scheme.

9. The recognition of the rights of ownership.

Ownership can protect themselves by using proprietary funds - claim for recognition of ownership. A claim for recognition of ownership rights is a non-contractual requirement of the property owner attesting to third parties of the fact of the plaintiff's rights of ownership of the disputed property, not coupled with a specific requirement about return of property or the elimination of other barriers, not related to deprivation of ownership. The basis of the claim are circumstances confirming the existence of the plaintiff's rights of ownership or other rights on the property. The legal basis of this claim is article. 12 of the civil code, providing for such method of protection of civil rights as their recognition.

For the relationship of ownership of the claim for recognition of ownership has a special significance, because the very right of ownership may be in dispute, including between the title and the actual owners.

The plaintiff on the claim for recognition of ownership of the owner is individual-specific things like owning and not owning it (if it is not the question of its return), the rights which are challenged, denied, or not recognized by a third party, not being the owner in liability or other relative relations about controversial things. The right to such claim has the title owner of the property, in particular, the subject of the right of economic management or operational management. As the defendant is a third-person how to claim their rights to the thing, and not the claimant of such rights, but it does not recognize in the plaintiff a proprietary interest in the property. The subject of the claim for recognition of ownership is only a statement of fact of the plaintiff's rights of ownership or other real rights on the property, but no performance by the defendant of any specific duties.

The decision on the claim for recognition of ownership addresses the question of law, provides the necessary confidence in the law, gives certainty the relationship of the parties and serves as the basis for the implementation of specific powers for the possession, use and disposal of property.

A necessary condition of property rights protection by its recognition is the acknowledgement by the plaintiff of his property rights. This could stem from the submitted legal documents, testimony and any other evidence confirming the identity of the plaintiff the disputed property. Since claims for recognition of property rights, on the one hand, are not associated with specific violations of the authority of the owner and, on the other hand, are dictated by the ongoing illegal conduct of a third person, they, like negatory claims not subject to limitation.

10. The elimination of obstacles to the use of the property.

Along with demand return of property from another's illegal possession the owner (title owner) in accordance with article 304 of the civil code may require the elimination of any violations of his rights even though these violations were not connected with deprivation of possession. Such right is secured to him through megatonnage claim.

Negatory the claim is non-contractual requirement of owning a thing of the owner to a third party to eliminate obstacles to the exercise of the powers of possession, use and disposition of property.

Negating the basis of the claim are the circumstances on which the plaintiff's right to the use and disposition of property, and confirming that the behavior of a third person creates obstacles in the implementation of these powers. The responsibility of the claimant do not include the proof of the illegality of the acts or omissions of the defendant, which are assumed to be established, if the defendant does not prove the legitimacy of their behavior. Negatory lawsuit as vindication requirement refers to the number of proprietary ways to protect property rights. It is presented only when the owner and the third party do not consist among themselves in contractual or other relative relations about controversial things and when the offense did not lead to the termination of the subjective right of ownership.

Negatory claim may also be claimed and the business sector, for example, when one company lets another use of purchased part of a building, structure or land.

The right to claim negatory have the owner and title owner who own the thing, but deprived of the ability to use or dispose of it. As the defendant was the person that his wrongful conduct creates obstacles hindering the normal exercise of the right of ownership (right of title of ownership). Negating the subject of the claim is the plaintiff's claim to eliminate violations not connected with deprivation of possession. Along with the requirement to eliminate existing obstacles to the exercise of the right of ownership negatory the claim may be aimed at preventing possible violations of property rights, when there is a threat of such violation. For example, using megatonnage of the claim the owner may seek to ban the construction of a building during its design, if it will prevent the use of the property. However, the claim may be asserted only so long, as long as the offense is not eliminated or its consequences. With the elimination of obstacles to the exercise of the right of ownership are eliminated and the reasons for nagatomo protection. In this regard, negatory claim is not subject to action of limitation.

11. Legal audit.

Legal audit – is a comprehensive legal analysis of the organization, the individual parts of these activities or specific documents or transactions for compliance with current legislation, the prevailing economic and judicial practice. The purpose of a legal audit is to identify potential risk of causing damages to the company resulting from:

- default by the counterparties

- presentation of tax claims by the tax authorities

- the application of sanctions for breach of civil obligations

- the involvement of the company or company officials to administrative responsibility

or prosecution of the officials of the company to criminal liability.

Legal audit has the following types:

I. General comprehensive legal audit of company activities.

II. Legal audit of separate areas of the company.

III. Legal audit of sophisticated transactions

IV. Legal audit of civil, labor or administrative conflict.

V. Legal audit of the possibility of indictment in a criminal case. Legal opinion.

According to the results of a legal audit is a written Legal opinion reflecting the violations and risks for the company.

The consequences of a legal audit. After the preparation of the Legal conclusion of the specialists of ZAO «Interleks» on the instructions of the client performs a complex of measures on elimination of the revealed infringements and neutralization of risks, develop projects of necessary agreements and other documents, schemes offer about acquisition/disposal of assets, perform necessary operations in administrative bodies, will carry out the client's protection in the courts.

TYPES OF LEGAL AUDIT

General comprehensive legal audit of company activities

1. Legal audit of corporate history of the company. Analysis of issues related to creation (privatization, restructuring of the registration) of the enterprise customer, content analysis of constituent documents and other corporate acts, the structure of management bodies, their competence and actual activities, questions of issue and placement of shares, acquisition of shares and legitimacy of ownership, history of the General Assembly and the legitimacy of decisions taken. Identification and analysis of conflicts.

2. Legal audit of the management system and personnel. Examination of internal documents (local acts) of the company regulating the activities of the organization and its structural subdivisions, as well as those governing labor relations within the organization. Analysis of labor relations in terms of legality and conflict.

3. Legal audit of ownership. Analysis of legal status of movable and immovable property of an enterprise and used land resources. Analysis of tax and legal history of the emergence of property. Identification and analysis of potential conflicts.

4. Legal audit of commercial activities. Check of legality of activity of the enterprise, the need for obtaining licenses and special permits.

5. Legal audit of contractual practices. Legal assessment of contractual practice of the company, issues of delivery and payment. Identification of risks of default of counterparties, risks of claims of counterparties and the risks of tax sanctions.

II. Legal audit of separate areas of the company.

Audit of separate areas of the company on the customer's choice of five points to perform when conducting due diligence.

III. Legal audit of sophisticated transactions

Legal analysis of purchased/sold property, contract analysis (contract system), analysis system, calculations and procedure of transfer of the property to identify the risks of causing damages to the client and the possibility of conflict.

IV. Legal audit of civil, labor or administrative conflict.

The study of the client's legal position in the conflict, examining documents and evidence, the study of scenarios of conflict, analysis of conflict, development of strategies for success in the conflict.

V. Legal audit of the possibility of indictment in a criminal case.

Analysis of the actions of officials in the exercise of their functions, and the identification of actions falling under signs of crime envisaged by the criminal code

12. Reduction of the cadastral value of the land.

If You are the owner or tenant of land, then sooner or later you will face or have already faced the problem, when the cadastral value of the land established by government agencies exceed the fair market value of the land.

Over the past year by Resolutions of the Governments of the majority of constituent entities of the Russian Federation approved the results of cadastral revaluation of land.

THE CONSEQUENCES OF THE OVERESTIMATED CADASTRAL ESTIMATION OF THE EARTH

• repeatedly increased the rate of rent;

• was overstated by the amount of land tax;

• increased the redemption value of the leased area.

POSSIBLE LEGAL BASIS FOR REDUCING THE CADASTRAL VALUE OF THE LAND:

24.19 of the Federal law "About estimated activity in the Russian Federation" dated 30.11.2011 No. 346-FZ of the consequences of the overestimated cadastral cost can be eliminated, and the rights of the landowner may be protected through inclusion in the state cadastre of real estate the amendments to the data on cadastral value of the disputed land.

Change of information it is possible in administrative procedure by applying to the Commission for consideration of disputes on results of definition of cadastral cost with the requirement to reduce the cadastral value of the land or the courts by appeal to the Arbitration court with the claim in which to request to establish the cadastral value of land equal to its market value.

In this article 24.19 of the Federal law "On valuation activities in the Russian Federation" dated 30.11.2011 N346-FZ stipulates that, in the case contesting the results of the cadastral value to the market value of the property must be installed on the date as of which it was established cadastral value.

Article 66 of the Land code established that in order to establish the cadastral value of land plots is made by the state cadastral assessment of lands. Exceptions to this provided in paragraph 3 of article 66 of land code of the Russian Federation: in cases of assessment the market value of the land, the cadastral cost of this land is set equal to the market value of the land.

Thus, the Land Code of the Russian Federation establishes that the cadastral value of a land plot must not exceed the market value of the land.

Be aware that in the first five months of operation in 2013, the Commission on consideration of disputes on results of definition of cadastral cost in Moscow was not satisfied with any statement of the land owners disputing the cadastral value of the land. Since may 2013, the Commission granted a total of 14 applications of owners of land on reducing the cadastral value of the land.

At the same time, has already formed a positive court practice on this issue. In the decree of the Presidium of the Russian Federation No. 913/11 from 28.06.2011, reflected the legal position of the Supreme court, according to which a person's rights violated by the inconsistency of the state cadastral value of land the market value may be protected through recognition of the cadastral value of land equal to the market value of the land determined by an independent appraiser.

THE PROCEDURE FOR REDUCTION OF THE CADASTRAL VALUE OF THE LAND:

• market valuation of the land by an independent appraiser

• positive opinion of the SRO in regard to the report of the appraiser

• the statement of claim in Arbitration court and obtaining a positive decision

• amendments to land cadastre

The court's decision on the establishment of cadastral value of land equal to the market value serves as a basis for entering body of the cadastral account of changes in the state cadastre of real estate after the entry into force of the judicial act. While the legal implications of such changes arise from the moment the court decision comes into force.

Organizations can now apply for protection of their rights in arbitration courts, and to require to establish the cadastral value of land equal to the market.

Lawyers, ZAO «Interleks» will advise You on this issue and will help to reduce the cadastral value of the land in bankruptcy court. Appraisers, sotrudnichesive with ZAO «Interleks» will appreciate the real market value of the land and will protect your report in a self-regulatory organization of Appraisers (SRO).

13. Pre-trial settlement of the dispute.

The trial is often difficult to predict a long and sometimes expensive. Therefore, as a rule, lawyers will never give you 100% guarantee that you will get your money back, too many nuances, from which all depends. While going litigation, the company may withdraw assets and execute the decision will be impossible. In this regard, be sure to recommend pre-trial settlement of the dispute. Many do not understand what it means to pre-trial settlement of the dispute and call the debtor several times, believe that they have complied with the dispute settlement procedure. Sometimes I write a letter asking to pay the debt. But this primitive idea of the process. In 80% of cases of extrajudicial dispute settlement procedure is ignored by the participants of the business turnover, which does not benefit any of the parties. Customers ordering services to represent them in court, I think that this service is included in the price, and law firms, which hire, believe that the customer has already done their own set of activities and pre-trial work is only to write the claims and representation of clients in court. Legal companies do not tend to independently conduct the complex of measures on pre-trial settlement of the dispute, since the payment is tied to the shipbuilding days or percentage of positive judgment, if the defendant suddenly voluntarily pays the law firm may be left without full payment.

Pre-trial work begins at the stage of conclusion of the contract.

If you want peace, prepare for war. By signing the contract you should provide for the situation when your contractor does not execute the contract. It is at least to choose a convenient jurisdiction and specify penalties.

This issue should be approached thoroughly. In accordance with article 395 of the civil code, the debtor borrowed funds it is possible to recover interest in the amount of the current refinancing rate, namely of 8.25% per year (unless the contract does not provide additional liability.) Better conditions for lending. But even if you include the additional liability in the amount of 1% for each day of late payment, the debtor somehow still in no hurry to extinguish the debt. As in accordance of the Resolution of Plenum of the RF from 22.12.11, is considered justified, a penalty of double the refinancing rate. At the time of writing, the double refinancing rate of 16.5%. To recover 100% of liquidated damages, then it is necessary to change the legal nature of the penalty. Usually in 95% of cases, staff lawyers do not know about these schemes. That's all, and work on standard wording, and the courts have nothing to do how to cut it, in accordance with article 333 of the civil code. Many entrepreneurs credited in the Bank at 20% per annum, and the money under such a high percentage to very difficult, not all of them give. A lot easier to borrow due to suppliers and other contractors. It turns out the situation in which the debtor is not profitable to pay the debt. If you file a lawsuit in court, such a defendant will do everything to delay the trial and to delay the execution of the judgment. If the contract would stand a decent penalty sanctions, I doubt that the debtor would not pay you, it is better to take a loan and give you money than to pay crazy fines. Unless of course he were ever given credit. Also, very often do not pay those who work without a contract. When there is shortage of money, the debtor looks at his debts on the subject of who is most efficient not to pay, who can wait and who have minimal penalties. Of course, are organizations, working without a contract or with a contract, but with low penalties. Not to get into this group/lili risk, prepare for it in advance, include in the contract penalties and other enforcement measures.

If the contract you have everything in order, but the contractor still does not pay, then you have to negotiate. For this you need to determine who in the company makes a decision regarding payments and with it negotiate. If the person does not go on contact, try to find contacts with the leadership up a notch (this may be the General Director or member of the company, an influential shareholder). In negotiations we must try to convey as much detail as possible the negative consequences of refusal of duty. For example, your part can be sent numerous complaints to various authorities until the institution of criminal proceedings. Many companies often view a company the subject of potential litigation, which adversely affects the reputation of the company. Plus the negative consequences associated with the increase in debt due to fines, court costs, legal expenses, stamp duty, damages, etc.. you Need to show potential debtor that it is not profitable to quarrel with you. To successful negotiations, you need to put yourself in the place of the debtor, to try to understand his situation and to present the terms on which the debtor is close your debt. A practical example: a supplier of equipment to the negotiations told the debtor that if in the course of the last week will not cover the debt, he will be forced to send out information letters to other providers of the equipment with a warning to not to ship equipment on a deferred debtor. Imagine such a threat worked. But this particular example, of course if we were talking about the massive equipment, then such a maneuver would not have worked.

If the debtor agrees to some version, be sure to secure all agreements on paper. If you have agreed a deferred payment, then the first again, fix the debt, and second, specify the penalties in the case of repeated violation of the terms. You can agree to a postponement, if time-shifted slightly. If the time-shifted significantly, demand from the debtor of additional guarantees (for example guaranteed by the CEO or a member of the Society, collateral or other security).

In case of refusal the decision of a question on a voluntary basis, also you should consider all the possible negative consequences that await you and provide any additional bonuses that may contribute to the conclusion of a settlement agreement. For example a discount on a new delivery, or forgiveness of a penalty, the possibility of forgiveness of the debt. In my practice, ZAO Interleks have seen many situations where for the sake of the entire debt with interest people refused the settlement agreement and in the end not get anything. Moreover, this occurs with large amounts of debt (one million and above) and small amounts of 50 thousand rubles. A small entrepreneur is ready to settle the case out of court, for example if you have claims to quality of the goods you propose to eliminate the disadvantage, but you are on the way and require a fully to pick up the money. In such a situation, sometimes the entrepreneurs themselves go on principle and close down the firm and you don't get anything. The owner then opens a new LE. His expenses for the opening of the new LE will be from 10 000 to 20 000 rubles. Savings amount to 40 000 rubles. At the same time as the newly created legal entities tax for the first 3 years of life of the company comes to visit, which is an additional advantage in favor of the closure of the old company. Thus, the owner killed two birds with one stone: get rid of possible claims by other third parties and solved the problem with a lawsuit to recover 50 000 rubles. So do not neglect pre-trial settlement. Go to the concessions, greed leads to poverty.

Oral communications do not supersede the written complaint. Claims you will need for a possible trial. Written claim is not unfounded shows your intentions. Many companies are starting to work seriously with the problematic client only when the latter wrote a complaint. They have just the process is so arranged, all oral reports are not recorded anywhere and consequently do not fall under the regulations, and that all written communications are mandatory this or that action. Of course the letters needed to pass under the mark of acceptance or by mail with the investment inventory. Even for very small businesses, a claim, if it's properly drafted, is far more powerful effect than a simple threat: "I will file in court". If the client took the trouble to write a claim, it is likely that such a client is resolute and it is better to negotiate.

The next stage of pre-trial settlement of the dispute is reduced to writing numerous complaints to the superior and Supervisory authority. We sometimes write for 30 complaints at a time in various instances. Sometimes this method is faster and more efficient than court.

Sometimes effective method is to conduct counter-advertising. So, for example, one real estate Agency not reasonably have retained the Deposit. The client had the necessary paperwork, and the prospect of a judicial resolution of the dispute was very low. The client has used numerous forums, where he wrote unflattering reviews about this company. In exchange for the retraction and that we will stop in the future to write such reviews, the Agency returned the advance to the client.

From the above examples it is clear that pre-trial settlement of dispute is not simply about writing a complaint. Pre — trial dispute settlement is a complex of measures aimed at resolving the dispute. Properly conducted pre-trial settlement of the dispute will increase your chances of getting the debt. Entrust this work to professionals.

14. Representation in arbitration courts and courts of General jurisdiction.

Since the Foundation of our company protect our x clients in arbitration courts and courts of General jurisdiction is one of the main activities of ZAO «Interleks». Our lawyers will undertake the conduct of arbitration proceedings and representation in arbitration court and courts of General jurisdiction for disputes of any complexity. Our lawyers will take persistent and principled position in a dispute and will provide You with quality legal services. The fees for the proceedings in court calculated individually and depends on the complexity of the case and the claim. If You have litigation in the courts of General jurisdiction or in arbitration court of Moscow, the arbitration court of the Moscow Region, as well as in arbitration courts of other regions of the Russian Federation - for assistance, contact the ZAO «Interleks»! Here You will provide quality services in the conduct of cases in all courts.

WE CARRY OUT THE MANAGEMENT OF ARBITRATION CASES IN THE COURTS ACCORDING TO THE FOLLOWING CATEGORIES OF DISPUTES:

• Disputes on non-performance, improper performance of contracts, including supply agreements and purchase and sale, lease, loan, and loan, compensated rendering of services, insurance, construction Contracting, equity participation in construction;

• Disputes on debt collection and loss;

• Disputes on the conclusion, amendment, termination of agreements;

• Disputes on recognition of ownership rights to immovable property;

• Disputes about recovery of property from illegal possession;

• Disputes with tax authorities (tax disputes);

• Arbitration disputes about annulment of decisions / actions of the customs authorities;

• Disputes on invalidation of the transaction;

• Disputes on invalidation of contract of purchase and sale of buildings, constructions;

• Disputes on invalidation of the decision adopted by the General meeting of founders, shareholders of JSC or;

• Disputes concerning copyright and related rights;

• Disputes on the protection of intellectual property (illegal use of a trademark, patent disputes, disputes over the exclusive rights to audiovisual works);

• other categories of arbitration disputes.

DESCRIPTION OF SERVICE

The service of a lawyer in arbitration cases may consist of several stages:

• Legal analysis and examination of the prospects of the arbitration case;

• Participation in negotiations with the opponent to ascertain the parties ' positions, assess the situation, reach a compromise, settlement agreement,

• Preparation of claims and compliance with pre-trial procedures;

• Development of strategy and tactics of judicial protection, given the current arbitration practice;

• Familiarization with the materials of the arbitration case;

• The definition of the subject of evidence and the range of evidence enabling the successful conduct of an arbitration case in court and win arbitration of the dispute;

• The collection of evidence in the arbitration case;

• Preparation of a claim to arbitration and the filing of a claim;

• Preparation and filing of the Application for interim relief in the form of seizure of property, prohibition to perform certain actions;

• Preparation and filing of other legal documents, allowing to carry out the arbitration case in court and win the arbitration (statement of claim, counterclaim, response to the claim, complaint, petitions, statements of a procedural nature);

• Conducting business in arbitration court. The lawyer is personally involved in the preliminary and main hearings of the arbitration case;

• Provide client with information about every significant change in business and its dynamics;

• Obtaining a court decision and a writ of execution;

• Preparation and filing of appeals and cassation complaints to definitions, decision and judgment.

• In the framework of enforcement proceedings will carry out actions aimed at real debt collection / debt from the debtor, or the execution or other judicial decision.

15. Land disputes.

In Russia, the land relations are regulated by the Land Code of the Russian Federation. Land disputes represent a separate and rather complex category of cases which require special knowledge in the field of land law. Objects of land relations are the land as a natural object, land plots, parts of land plots. St. 64 of the Land Code of the Russian Federation stipulates that land disputes are pending in court.

Land disputes arise about land, and in connection with the refusal of the provision of land, exemption, limitation of rights to land, trespass of land use, unauthorized occupation and in other cases when the violation of a subjective right of a person.

Our lawyers will find you a solution to Your problem, protect your violated or contested rights to land, the land will represent your interests in court, arbitration court on various categories of land disputes. According to the General rules of jurisdiction of the land disputes are considered in arbitration court, courts of General jurisdiction at the location of the land.

If You need to protect Your violated or contested rights to land in court, You will need the assistance of a lawyer of the company «Interleks».

A separate category of land disputes and claims in which we represent your interests in court:

• The action for partition of the land between owners.

• A claim for recognition of ownership of the land recognition of the right of permanent (perpetual) use the land.

• The claim on invalidation of the transaction (invalid agreement) with the land.

• A lawsuit to appeal against actions (inaction) of state or municipal authorities violate the rights of the owner of the land.

• Disputes on compensation for damages caused by the violation of the rights of owners, tenants and other lawful land owners.

• Disputes on land boundaries.

• The controversy about the elimination of obstacles to the use of the land, for the recovery of land from illegal possession.

• Disputes related to residential and non-residential buildings located on the land.

• Disputes connected with contestation of the amount of compensation in case of expropriation of land for state or municipal needs.

16. Corporate disputes.

In today's world, widespread the so-called "corporate disputes". Corporate disputes arise from internal relations in the organization. Consequently, they occur between business owners (founders, shareholders) and between management of the company. Corporate disputes are sure to bring great harm to the business. Not only material - any such dispute will inevitably negatively affect the partnership.

The main legal act which is the regulation of these disputes is the Civil code of the Russian Federation. But it is not necessary to deceive ourselves or to be happy that there is a law that theoretically help you to resolve corporate disputes. I think you will have a revelation that the Russian legal system is imperfect. When reading of a document, always have a feeling that he is somehow "inferior" that it has "pitfalls", if desired, it can be circumvented. This applies to our situation. The category of "corporate dispute" and "corporate law" is not defined in law. Not surprising, unfortunately, these are Russian realities. Mainly, this is due to the complexity of the issue. And given the fact how now popular raider attacks (which are also included in the category of corporate disputes), you must clearly understand how to act in these disputes. Every extra day of delay in the solution of this problem will be detrimental to the fate of your company.

There are many types of corporate disputes, all of which our attorneys have encountered. To publish them makes no sense, since a deeper study of these types of, you notice the fact that every problem related to corporate disputes is unique. It all depends on the relations inside of the company, its field activities, budget and other factors. That is why we advise you to seek the assistance of trusted legal companies with a good reputation in the market, which without a doubt is ZAO «Interleks».

The help of our competent lawyer with experience in litigation (by the way, corporate disputes are considered in arbitration court) will allow you to defend not only their rights and interests, but also to return all your property. Unlike the competitors, for lawyers, ZAO «Interleks» is important to achieve just the effect, which does not suffer domestic partnerships in your company. Because friendships are an essential attribute of prosperity and business development.

Our company is ready to provide its assistance in any kind of corporate disputes. If necessary, we will prepare all the necessary documents for filing a claim in court. Representation in court is also included in the list of services of our company.

17. Credit disputes

Probably everyone at least once in life resorted to various credit services. Someone this experience has been successful, some have not. The author of this article himself repeatedly used the mortgage and my impressions are only positive. It turned out that while I paid the mortgage, the apartment is expensive in the first case, 5 times, second 2 times. I also received a property deduction, and the rate on the loan is almost equal to the official inflation rate. Therefore, the loan was an opportunity for me to earn. But, unfortunately, not always. Not all banks are equally loyal to their customers, there are those who will be removed from your borrower no two skins and seven-eight. Many potential borrowers, transferring your positive experience with the civilized banks, begin to believe that all banks are the same, the main thing — to pay on time according to the schedule of repayment of debts and nothing bad will happen. Unfortunately it is not. So let's see how banks can put the borrower into debt, thus permanently spoiling your credit history by closing travel abroad and bringing other troubles.

I must say, problems can occur with any Bank, but the rating banks clearly do not cheat, they may not agree to remain silent about some of the nuances, but these nuances though will not be contrary to law. Many of the popular banks are always ready to provide debt restructuring, to provide a delay of a certain time and so on. Such banks do not tend to squeeze out of you the last crumbs, they make enough on other operations. Rating banks banks such as Sberbank, VTB and so on. More detailed rankings can be found on the website http://www.banki.ru/.

So, not to get into debt, always read the terms of the contract and everything that slips you by the Bank for signature. Compare the terms of loans to your financial capabilities. If you find it difficult to understand the terms of the contract, it is strongly advised to only refer to rating banks. After reading and assimilating all the terms of the contract, subject to its compliance, You will be able to avoid some of the problems with the Bank, ate Bank in good faith. If the Bank or credit organization is not very clean at hand, you can not avoid trouble. This is especially true of micro-credit organizations which are not banks and are not subject to the provisions of the banking act.

A typical fraud among banks and microcredit organizations is the provision of false information to the borrower. For example, the borrower pays the loan in time and at some point decides to early repayment. The Bank employee the amount required for early repayment, and the borrower makes a specified amount to the Bank account. After that, the borrower in full confidence believes that to repay the loan and safely forget about it. But in fact, the borrower reported a lower amount than required for full repayment, and the remaining debt will continue to accrue interest and the penalty. After a certain time, typically after the expiration of the limitation period (particularly smart banks do), you and maybe your references, start calling, demanding to pay the debt. Debt, usually over a year given the penalty becomes excessive amount. In my practice I have seen cases with 10 000 debt rose to 200 000, that is 20 times, and every day the debt was increased by 10 000 rubles. All this despite the fact that the borrower is in full confidence that debt repaid. As a rule, the Bank itself doesn't ring, and sells your debt collectors, and for those of you to squeeze all the vital juices. As threatening and intimidating collectors of borrowers is a separate issue, but believe me, nothing good comes from communicating with them don't wait. Easily lead to heart attack you and your family. Where are watching the police and monitoring organizations? — you will ask. The fact that formal proof of the offense is very difficult, virtually impossible. You can independently on the basis of the contract to calculate the amount owed and pay it, why do you believe a Bank employee. The employee could make a mistake or crash the program, etc. there is No written evidence that the Bank reported this amount, and you may not properly understand the Bank representative, he supposedly called you the principal amount of, thus I forgot to inform you that you still need to pay a fee for maintaining the account, penalty, interest, fine. And what's the crime? You just need to clearly Express their thoughts and properly understand the story, I will explain later. I agree with you that it is not a fair situation turns out, but these are today's realities. The police for lack of evidence good will show you the way to court. And say "fuck you court!!, this is a civil matter, not a criminal one" unfortunately this is the typical response, if not worse. And you can't argue really only have to go to court and prove his innocence. Therefore I strongly recommend to inquire about the Bank who provides you the loan. The Internet is teeming with information on banks and credit institutions that are deceiving borrowers.

Not to get into such a situation, always ask for a letter from the Bank, signed with seal of the Bank stating that you have fully repaid credit provided to you under the contract № _ _ _ __ and the Bank has no quarrel with you. If the Bank refuses to provide such a letter, I advise you immediately contact a lawyer. Otherwise, you can occur the situation described above.

Can also occur the situation, when your loan is sold to another lending institution, and you do not notify about this. Then after a certain time you would have to call the Bank that bought your loan, with the requirement to pay the resulting debt, and in some cases may claim the full amount of the loan ahead of schedule. In this case, you would be happy to pay for the loan, but do not understand where and to whom. In such a situation, we can only appeal to the lawyer and then to court.

On the market there are scammers who send you a notification supposedly from the new credit institution that bought your debt (or collectors). In the notification, please transfer payments for new details. You can call first from a person's old Bank, then the Bank, in detail and politely explain the payment procedure. You can send SMS notifications about the assignment of your loan to be more convincing. If you encounter such situations personally I recommend you to drive to your Bank where you received the loan and get their hands on a signed notification which says that your loan was assigned and to whom he was assigned.

Often there are situations when the borrower does not even know that the Bank is violating the law and penalties by the court can be reduced. In practice often there are situations when already paid cash is enough for a court to consider the loan fully repaid. Often with a Bank to recover the overpaid funds. You yourself can calculate how much you overpaid to the Bank. The amount of various fines, no penalty shall be double the refinancing rate. Ie let's say the loan is the sum of 10 000 roubles, the refinancing rate at the time of writing, was equal to 8.25 multiplied by 2 receive 16.5% per year. Therefore, in the year you don't have to pay a fine of more than 16.5% per annum, from 10 000 roubles it will be 1 650 RUB. In contracts, I often see penalties in the amount of double interest, penalty etc. under 700% the annual. But I do not call, after reading the article, then refuse to pay exorbitant fines, the penalty. This information is provided to you rate, approximately what you can expect when going to court. To appreciate the subtlety of your contract, only a lawyer. And of course to represent the interests in court, too, needs an expert with legal background and with experience in such matters. Moreover, legal services are considered court costs and shall be recovered from the losing party. However, services must be proportionate, so it is important to find a specialist with adequate service costs. We strive to make our service cost nothing and in most cases it works for us. It all depends on the loan amount and the particular circumstances of the case.

Our company helps to solve all kinds of difficult situations associated with lending.

18. Customer service (legal outsourcing)

Today let's talk about legal services (outsourcing). In modern Russian realities of the judicial system, each company or entrepreneur it is advisable to have a consultant in legal matters. And given the dynamics, which changes the regulation of private business by the state, the presence of a lawyer is necessary.

Initially this problem was solved by the employment of the staff of legal counsel, which were a lifesaver and played the role of lawyer, lawyer, notary public, etc. But as time goes on, constantly coming up with some more economical ways of cooperation.

One such option is the so-called "Legal outsourcing". As can be seen the second word in this phrase, this term came to us from abroad. In particular from America. Service of this type has become very popular in our country, and as a sought-after part of doing business, it is constantly evolving and deepening.

What is the outsourcing? Outsourcing — transfer by one company of the work to be performed for a fee per month another company, specializing in our case, in the legal field. That is if earlier the work of the entrepreneur was a legal consultant, but now can accommodate dozens of people, and really professionals in their particular narrow specialty. Moreover, it's cheaper and has no internal problems associated with the arrangement of the person, and there are no risks associated with this man's disease, and other problems that may hinder the performance of his employment duties. Moreover, because of the rapid development of the economy and other spheres that are crucial in business, companies use legal services with the lawyer, because to solve the legal problems increasingly require specific knowledge, such as knowledge of international contract types. Yes, just a banal lack of knowledge of foreign languages, hired a lawyer, often pushes entrepreneurs to use the services of this kind. Modern law firms make using this service to solve almost all your problems related to administrative, civil, labor and criminal law.

The advantages of such cooperation are obvious: reaching agreement, you get a staff of lawyers, ready to help you, you don't care, that's your problem, you get only the result. Well, the main plus lies, of course, the financial part. Legal outsourcing will cost you much cheaper than if you kept a staff of lawyers. Also a definite plus that you can at any time terminate the cooperation by just terminating the contract with the contractor.

Speaking of contracts, companies use different types of cooperation: someone who cooperates with law firms on a permanent basis and others on certain dates. As you can see, legal aid of this type still provides the freedom of choice of time frames.

Disadvantage of outsourcing, in fact, only one comprehensive lack of knowledge of lawyers about the situation in the company. Full-time legal counsel in addition has a common vision of the legal situation, he can quickly access the required documents. You can not say about the lawyer working on the Treaty.

However, this disadvantage is characteristic far not for each company in cases when the issue of providing documents is not significant, the choice of legal outsourcing will be the best solution for all your problems. In our company you can always sign a cooperation agreement that will suit you.

19. Legal support of show business.

Closed joint-stock company «Interleks» offers a full range of services to support projects in the field of show business. And, in particular, we offer a comprehensive and effective approach in implementing a professional approach in the field of law concerning services in the field of show business in the following areas:

• Protection of rights to results of intellectual activity;

• Protection of copyright and related rights;

• Protection of honor and dignity, and business reputation in a judicial and extrajudicial order;

• Analysis and development of contracts of author's order on the development of literary, musical works, video clips, commercials;

• Comprehensive legal support of process of shooting of films, serials, talk shows, reality shows;

• Analysis and elaboration of agreements on conducting and participating in the casting;

• Analysis and development of contracts to conduct activities;

• Analysis and development of contracts with PR agencies for the provision of PR–services;

• Development of investment contracts (contracts with sponsors and production centres);

• Analysis and elaboration of agreements of participation in the filming;

• Analysis and elaboration of agreements on alienation of rights to objects of intellectual property;

• Analysis and development of licensing agreements;

• Building a comprehensive legal business model;

• Mediation services (out of court settlement of the conflict with the participation of an independent person);

- legal support for advertising and production activities of legal entities and individuals;

20. The legal support for advertising and production activities of legal entities and individuals.

The legal support for advertising and production activities of legal entities and individuals may relate to activities of the producers, concert venues, clubs, booking agencies, promoters, recording studios and other participants in public activities.

This legal service includes:

- development and negotiation of production contracts and agreements with sponsors, performers, composers, arrangers, decorators, designers, recording studios, promoters, concert venues, advertising companies, booking agencies and the Internet services;

- clearance and registration of rights to clips and music;

- the development of agreements on the establishment of licensed video recordings of performances, support of deals licensing and sale of rights on works;

- representation of client's interests in relations with the RAO and other organizations for collective management of rights;

- registration of the rights on names, titles, nicknames and logos;

- legal support for the organization of concerts, tours and other public appearances;

- legal support for the participation of performers in promotional events.

21. Legal support of business activities of legal entities and individuals

ZAO «Interleks» ready to ensure the provision of objective Family Office, which is reflected in the active participation in strategic asset management, property management and private equity family or legal (juridical) persons. While ZAO «Interleks» can take responsibility for the following functional areas:

• International corporate and private law. Tax law. Audit of international and Russian part of the legal structure of ownership, minimizing legal and tax risks taking into account the interests of all family members, including minors or legal (juridical) persons. Competent legal construction of a legal framework for the payment and taxation of dividends.

• Commercial law, labor law. Audit all types of contracts, Family Office, legal (legal) persons, drafting of necessary agreements, systematization of document circulation.

• Banking and financial law. Cooperation with investment b/p Anok, the trust management agreement, a brokerage agreement, working with Russian and foreign securities and structured products.

• Support on real estate issues. Transactions for the purchase and sale of real estate under Russian and international law, property management contracts with contractors and tenants.

• The contact person for contractors. Work with law firms, investment companies and banks. Making the best use of the budget to work with these counterparties, setting tasks and monitoring their execution.

• Mergers and acquisitions. Organization and control of carrying out Due Diligence of assets, assessment of risks and ways to minimize them. liКонтроль process of structuring transactions on sale of share of business for Russian and international law and financing transactions of the business.

• Development of draft contracts and other legal documents.

• Legal examination of contracts.

• The implementation of the legal enforcement of contracts.

• Legal analysis and optimization of legal work of the legal entity (entities) or individuals(persons).

• Legal support of any transactions.

• Representation and protection of interests in arbitration courts and courts of General jurisdiction, International commercial arbitration at the chamber of Commerce and industry of the Russian Federation and courts of foreign countries.

• Training in the interests of customer complaints, statements, claims and other documents.

• Consulting and support of transactions related to acquisition and alienation of real estate.

• Advice on export-import operations.

Contacts:

Office:   Moscow, Volgogradskiy prospect, Business center «TheCube», room 416
Legal services:  +7 (499) 391-57-55 ; +7 (916) 546-99-25 (hours)
Real estate services:   +7(499) 391-55-56
For customers speaking any of these languages -
English, Tamil, Malayalam, Telugu, Kannada, Hindi:
+7 (977) 288 59-95
Еmail: 89165469925@mail.ru; interlex17@rambler.ru

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