Press centre News Виктор Петров

24
September
2018

The Ministry of Justice of the Russian Federation proposes to introduce a general-purpose criterion of indexation of monies recovered by court

The Ministry of Justice of the Russian Federation has prepared the draft law envisaging that the indexation is permissible in the absence of the signs of unfair practices in the actions of debtor or recoverer.

Victor Petrov, Partner, Head of Litigation practice
Advocate newspaper
26
February
2018

Supreme Court explained the procedure for filing claims in electronic format

Why do the courts need the applicant’s date and place of birth and his or her TIN (Taxpayer Identification Number)? Any experienced lawyer is aware that, in order to file a statement of claim, it is not required to specify such information. However, if a claim is filed in electronic format, it must contain such information; otherwise, it will not be accepted. Is it lawful? Isn’t it in contradiction with procedural codes? Doesn’t it infringe the civil rights to free access to justice? Supreme Court dealt with these issues.

Victor Petrov, Partner, Head of Litigation practice
Pravo.ru
15
January
2018

The Ministry of Justice analyzed the initial results following reforms with arbitration

The agency presented the draft of a report on activities performed by the Council on Improving Arbitration Proceedings, which gives the prospects and risks relating to how arbitration could further develop in Russia.

Victor Petrov, Partner, Head of Litigation practice
New Lawyer's Newspaper (Novaya Advokatskay gazeta)
5
September
2017

Russia disputes report: Seeing red

While the landscape of Russian litigation has seen a major shift into the bankruptcy arena CDR finds that new arbitration reform, as well as increasingly robust regulatory powers, should keep practitioners busy for the foreseeable future.

Victor Petrov, Partner, Head of Litigation practice
CDR magazine
23
March
2017

Clarification of summary proceedings

The Supreme Court has discussed a draft resolution on the application of summary proceedings in civil and arbitral cases.

Victor Petrov, Partner, Head of Litigation practice
New Lawyer's Newspaper (Novaya Advokatskay gazeta)
25
January
2017

Amendments to the Arbitration Procedural Code and the Civil Procedural Code: the first roundup

More than 7 months have passed since the time the amendments to the APC and CPC came into force, which were introduced by court order, the institute of interlocutory judgments, and the mandatory complaint procedure for the arbitration process – as well as a simplified procedure for civil cases. The amendments introduced are designed to relieve the burden on the courts, to discipline participants in the stream of commerce, and to speed up the review of cases with undisputed demands. It is high time to find out whether or not this has been achieved.

Victor Petrov, Partner, Head of Litigation practice
Pravo.ru
21
December
2016

Putin tightens requirements for arbitration assessors

Vladimir Putin signed a law to toughen requirements for arbitration assessors. The corresponding document is available on the official legal information portal.

Victor Petrov, Partner, Head of Litigation practice
Pravo.ru
10
November
2016

Lawyers evaluated the pros and cons of general jurisdiction court reforms, proposed by the Supreme Court

Vyacheslav Lebedev, Chairman of the Russian Supreme Court announced an initiative to establish separate district courts of appeal and cassation, within the general jurisdiction courts system. His proposal will be submitted at the December Judges Congress. The opinions of experts about the need for such changes are divided: some say this would be too expensive, while others believe that it is necessary to expand the independence of the courts.

Victor Petrov, Partner, Head of Litigation practice
Pravo.ru
29
March
2018

Qualify it: courts and errors in contract names

The Civil Code does not provide for such concepts as legal qualification or re-qualification of transaction. However, as a matter of practice, the courts have to deal with it frequently – for example, where the parties to a contract, either intentionally or mistakenly, named the contract incorrectly or failed to name it at all. What contracts do courts requalify the most frequently, and what is worth special attention in order to be right about the type of obligation.

Victor Petrov, Partner, Head of Litigation practice
Pravo.ru
9
February
2018

Manufacturer of "Anaferon" stated about a probable claim against the Ministry of Education and Science

Materia Medica Holding announced a legal claim to be the most probable scenario after it has been given the “Negative Award” by the Ministry of Education and Science.

Victor Petrov, Partner, Head of Litigation practice
RBC
29
September
2017

Lawyers comment on the idea of a mandatory legal education for representatives in court

Pavel Krasheninnikov introduced a bill to the State Duma that caused heated discussion among lawyers and drew sharp criticism from the Russian Federal Chamber of Attorneys. The deputy proposes that those who do not have a higher legal education – and are not especially accredited by an organization chosen by authorities - not be admitted as representatives in court. The website Pravo.ru asked representatives of the profession to respond with their thoughts about the idea.

Victor Petrov, Partner, Head of Litigation practice
Pravo.ru
25
July
2017

The claim filed by Yugra against the Central Bank: lawyers evaluated each side’s chance for success

The Yugra bank, which by now has collapsed, is trying to use the courts to appeal a decision by the Central Bank to introduce an interim administration for it. The prospects for further developments are difficult to assess, lawyers acknowledge, although practice shows that it is almost impossible to win a battle with a regulatory authority, and the situation is unprecedented because now the Prosecutor General's Office has intervened.

Victor Petrov, Partner, Head of Litigation practice
Pravo.ru
21
February
2017

The Russian Federal Tax Service, Federal Antimonopoly Service, currency clauses, and bankruptcy: lawyers discussed litigation in 2016

Lawyers and officials from the Russian Federal Antimonopoly Service and the Russian Federal Tax Service discussed the most high-profile court cases from last year at a conference held by the website Pravo.ru. Speakers talked about how organizations can protect themselves against charges of price fixing by the antimonopoly authorities, and also when partnering with a “fly-by-night supplier” will not raise any charges from the tax authorities. Experts revealed the subtleties of searching for a balance of interests using the case with Vympelkom-Tizpribor as an example.

Victor Petrov, Partner, Head of Litigation practice
Pravo.ru
21
December
2016

President gives arbitration courts the right to refuse to accept claims

Vladimir Putin signed a new law, according to which arbitration courts can refuse to accept any claim that corresponds to the document posted on the official legal information portal.

Victor Petrov, Partner, Head of Litigation practice
Pravo.ru
25
November
2016

How to write a claim to enlist the support of the judge before a court session

Each judge considers dozens of cases every day, thousands of legal documents pass through his/her hands. Under such conditions, it is difficult for the judges to delve in detail, into the nuances, of your particular case. Many have already developed their positions during similar disputes. However, if you need to get the court to draw particular attention to the legal position of your company, you want to reverse the court practice, or just to better communicate your position, there are a few tricks that will not allow a judge to ignore your claim. All is fair in war: from printing your statement of claim on coloured paper and highlighting important parts in your lawsuit with a marker, to the development in your company of special requirements for the preparation of statements of claim for the court.

Victor Petrov, Partner, Head of Litigation practice
Company's lawyer
27
October
2016

Time for the court case to begin: what to do if proceedings do not start on time

All existing procedural codes contain a fixed rule: the judge must start court proceedings at the time that was appointed for the particular case (Art. 160 of Civil Procedure Code, Art. 261 of Criminal Procedure Code, and Art. 145 of Administrative Procedure Code). Unfortunately, this does not always happen. In practice, lawyers often spend more hours in the corridors of the courthouse, than on the trials themselves. Why is this happening? Can the parties walk away if the proceedings do not start on time, or is it better to wait for the trial? Who is responsible for the spent nerves, time and money?

Victor Petrov, Partner, Head of Litigation practice
Pravo.ru
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