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Legal opinion on foreign issues, operations, deals, projects in Russia

Legal opinion
on issues, operations, deals, projects

Identifying
applicable laws
 ▼ 
Estimating
practices
 ▼ 
Estimating
legal effects
 ▼ 
Legal
conclusions


Legal opinions on issues under international law and law of the Russian Federation. Legal opinions (lawyer's opinions) can be given on Russian law and international law in situations where legal conclusions on the issues raised and (or) the described situation are required. It can be questions and conclusions about the conformity or non-conformity with or discrepancies of terms and conditions of certain document, agreement, contract to the legislation of the Russian Federation, about the legality or illegality of certain actual actions, about the legal regulation of the planned operation, project, activity, etc. For written legal opinions questions have to be formulated in writing.


Identifying applicable laws and regulations

Applicable legal acts and their versions as amended. With regard to the issues raised and (or) the situation described, the legal opinion will first determine the specific applicable legal acts, indicating their legal details. Generally, the current versions of legal acts are indicated. If the questions concern the previous periods, the edition of the corresponding legal act operating in such previous period is specified. In case of questions focused on future periods there can be specified the bills to amend the current legal rules applicable to the situation, as well as the probability of adopting such bills in the near future.

Analogy of statute and analogy of law. If the questions raised relate to an area of relations that has not yet been regulated by law or to a gap(s) in the legislation, the applicable legal acts may be legal rules by the analogy of statute or by analogy of law. The analogy of statute is understood as the application of the rule of law to the legal relationship not regulated by a specific legal rule, which regulates similar relations. The analogy of law is understood as the application to the legal relationship that is not regulated by a specific rule of law and to which legal rules on similar relations cannot be applied, of the general principles, general sense, general rules of the relevant branch of legislation.


Estimating related legal practices

Acts of law enforcement practices. As relevant to the issues for legal opinion there will be considered explanations of the controlling authorities of the Russian Federation, judgements of arbitrazh (commercial) state courts of the Russian Federation and state courts of general jurisdiction of the Russian Federation, explanations of the Supreme courts of the Russian Federation, arbitral awards of the International Commercial Arbitration Court at the Chamber of Commerce and Industry of the Russian Federation, publications on the practices of ICC arbitration, the relevant legal news and publications, other legal materials, requirements, and decisions of banks and regulatory authorities of the Russian Federation on cases with similar client situations.

General and case (precedent) practices. With regard to the issues raised for legal opinion, law enforcement practices are analyzed primarily for general, uniform, well-established legal positions on such issues. If such general practices have not yet been developed, the cases and precedents that, in their actual circumstances, the region of application of the law, the issues considered being closest to the issues raised for legal opinion, are evaluated. The decisions of courts and other authorities taken on such precedents and the legal consequences established in them are considered as the most probable in relation to the analyzed situation.


Estimating legal effects on the situation

Considering situation nuances and legal nuances. The established legal rules applicable to the questions / situation and the relevant law enforcement practices are compared with the questions for legal opinion in more detail in order to more accurately determine the legal consequences in the specific situation under consideration. To do this, we analyze the features of the issues / situation that are not directly reflected in the law and practices, and how these features affect the legal consequences. For these purposes, there will be estimated both the actual characteristics and nuances of the situation and legal aspects, the legal nuances of the applicable legal norms and practices. Such consideration of issues and the situation is ultimately aimed at determining the formal legal consequences that "should be" in the absence of other factors influencing the situation.

Considering non-legal related points. To assess the most likely real legal consequences, as far as the questions posed and (or) the described situation for the legal opinion allow, the legal aspects related to the situation are also analyzed. It can be a "human factor" of inspectors of controlling agencies of the Russian Federation, "internal beliefs" of judges, "family circumstances" at partners, "national features" of contractors, "opportune moments" for legal actions, political factors, etc.


Legal conclusions on the questions asked

Legal conclusions as final part of consideration or as thesis with justification. The answers to the questions posed for the legal opinion can be formulated as the final part of the consideration of the above aspects to determine the applicable legal norms, practices, nuances, legal consequences. Or legal conclusions on the issues raised can be formulated as theses with their subsequent justification by applicable legal rules, law enforcement practices, related aspects.

Key extracts from legal rules and practices. In addition to the usual references to legal acts, such key extracts are provided as a necessary legal basis for the conclusions on the issues raised and to improve the clarity and accuracy of the conclusions. Generally, extracts are given in the form of quotations in abbreviated form, after removal of those provisions of such legal rules, judicial decisions, explanations of controlling agencies of the Russian Federation and (or) other legal materials which are not related to the questions for the legal opinion.

Necessary comments in legal opinion. - Are part of the legal opinion in cases where the wording of the applicable legal rules is not sufficiently clear, when specific legal terms are used in the conclusions, when it is necessary to note a strong impact on the situation of non-legal aspects, etc.

Conclusions, extracts, comments in English. The essence of the legal services set out on this page is to provide legal opinions (opinions of a lawyer) on the issues raised with key extracts from international and (or) Russian legal norms, documents, and comments in English for English-speaking recipients. However, bilingual legal opinions in English and Russian are available if it is necessary for Russian-speaking partners as well.

Information
for this page
?Legal rules for good faith and fair dealing in foreign trade

?Legal interpretation of foreign trade contracts and agreements in Russia

?Legal guarantees for the performance of obligations in Russia

?Obligation of Russian residents to repatriate currency back to Russia

?Currency operations (payments) under currency legislation of the Russian Federation

?Residents and non-residents for the purposes of currency legislation of the Russian Federation

?Limitation on foreign companies to submit customs declaration in Russia

?Restrictions to use the simplified taxation system in Russia

?Advantages of drafting legal texts in two languages (English and Russian)

News and practices
for this page (71)
12.05.2021
The Ministry of Finance will modify tax conventions with Hong Kong, Sin­ga­po­re, and Switzerland

20.04.2021
Banks will strengthen control over dubious transactions of customers

14.01.2021
Beginning from 2021, tax regulation of controlled foreign companies amended and fines sharply increased

23.12.2020
Fines of 18 million rubles for the sale of an apartment at the price of 12 million rubles to currency non-residents with payment of cash through a bank cell

01.09.2020
Courts of three levels supported tax agency in dispute with taxpayer about non-compliance with the terms of tax exemption of income received when liquidating a controlled foreign company

09.08.2019
EEC approved a limit of $ 100 thousand for the import or export of cash, above which documents of origin of funds must be presented

16.07.2019
A bill on conducting by residents of currency operations in cash currency was introduced in the State Duma

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