Identifying key details of the questions asked and/or situation. Within the framework of the basic legal analysis, with respect to the issues raised and (or) the specific situation related to them, the key details for the purposes of legal regulation are first identified. Such details are those basic semantic elements of the issues / situation, which are reflected in the legislation and by-laws as the subject of regulation. These key details define the specific legal rules applicable to the issues / situation. For this reason, it is usually desirable to clarify the questions and (or) situations raised for legal research at a meeting or correspondence by e-mail with the client, in order to correctly determine their key details. Because even in similar situations, these key details can vary significantly depending on the formal or actual nature of the relationship between the participants, the angle of consideration of issues, related circumstances and other factors.

Issues and situation

Key details of the situation ▼     ▲ Direct, basic legal rules

Direct legal effects

In-depth legal analysis   Extended legal analysis   Innovative analysis

Analyzing basic legal rules. On the other hand, the legal rules applicable to a particular situation also have their own key details or basic legal points. These are the basic, fundamental legal establishments, and any other legal rules applicable to the situation are derived from such establishments or depend on them. Within the framework of the basic legal analysis, precisely these basic legal rules and points are considered. According to them, and to key details of the issues / situations there will be determined the primary direct rules, direct legal effects on the issues / situation. In some cases this initial, basic legal analysis allows to make legal decisions without the need of taking into account the nuances and implicit circumstances having legal significance, and possibilities of the situation.

Analyzing legal nuances. The in-depth legal analysis involves an analytical review of the situation "into the depth", on those aspects of the applicable legal rules that allow you to change the direct legal rules and direct legal consequences for a particular situation, depending on the presence in the situation of certain implicit circumstances, opportunities, nuances. For example, the law establishes different rules for several dozen situations, and in its key details the client's situation falls under any one specific situation in the law. However, other situations described in the law do not have significant differences from the situation of the client. So if you allow a change or addition in the client's situation of relevant key details, the client's situation would be subject to such other situations in the law, which may have more favourable legal effects for the client. Accordingly, the question arises whether such changes or additions can be identified in the client's situation and whether it is possible to build accurate logical chains from them to other situations specified in the law.

Following basic analysis

Legal nuances   Nuances of situation   Linguistic nuances

Direct legal effects   Aleternative indirect legal effects   Legal effects under acceptably amended circumstances

Defining and analyzing nuances of the situation. To this end, only the real elements of the situation are considered to change or supplement the key details of the specific situation for more favourable legal effects. They may indicated by certain features, criteria, circumstances, the nature of the relationship between persons, gaps in the description of the situation, logically missing or possible elements. In the course of further analysis, the possibilities of strengthening these nuances of the situation are determined in order to give them such necessary legal significance that the whole situation of the client becomes subject to other situations specified in the law with more favorable legal effects.

Defining and analyzing linguistic nuances. In the event the original documents on the situation are made in a foreign language or bilingual documents in English./Russian are to be prepared, acceptable translation version may provide some legal possibilities for justifying legal effects on the situation which would be more favourable for the client. In particular, this is relevant when developing new bilingual documents or foreign documents with the intention of their subsequent translation into Russian and their submission to banks and (or) regulatory authorities of the Russian Federation. At the same time, these acceptable translations of legally significant terms and expressions have their limits and are restricted by many factors.

Considering non-legal related points. The extended legal analysis is focused on the analytical consideration of the situation "in breadth", on those aspects of the situation that go beyond the actual formal legal regulation, but remain within the law enforcement practices. As a rule, the most significant such point is the "human factor", by virtue of which the theory and practice of legal regulation can vary greatly, the legal norms regulating the situation may not actually work, or inspectors of the controlling agencies of the Russian Federation may not know or misunderstand these rules. Other such aspects may be "internal beliefs" of judges, "family circumstances" of partners, "national peculiarities" of contractors, "opportune moments" for legal actions, political factors, etc.

Following in-depth analysis

Not working rules   Poorly working rules   Human factor   Family circumstances   National percularities   Opportune moments   Internal beliefs of judges   Politics   Etc.

Better legal effects

Applying circumstances of similar situations "by analogy". In general, such non-legal, but important in law enforcement practices aspects also have their own regularities. These regularities are revealed by mutual comparison of similar circumstances in a variety of similar situations. Comparison of these or other non-legal circumstances in the analyzed situation of the client with similar circumstances of other similar situations allows to assume effects "by analogy". That is, as it was in other similar situations, so with a sufficiently high probability can be in the situation under analysis. This makes it possible to significantly expand the possibilities of beneficial legal solutions to the situation.

Estimating non-legal related points for better legal effects. As a result, in the course of an extended legal analysis of the situation on its non-legal, but closely related to the situation aspects and their regularities, we consider such options, opportunities, the probability of the impact of these aspects on the situation, which will be most favorable for the client for legal purposes. In many cases, this approach allows to resolve even legally deadlock problems.

Considering possible new legal solutions. An innovative or forward-looking legal analysis aims to analyze the situation "on novelty" for possible new legal solutions that have not previously been used in legal practices in similar situations. In particular, new legal solutions become possible in cases of adoption of new laws and amendments to existing laws, as well as in cases of changes in the law enforcement practices of the regulatory authorities of the Russian Federation. In addition, new legal solutions are possible in the innovative or forward-looking sense itself in the existing legal framework and realities through the identification and use of previously unused opportunities and/or gaps in legal regulation, analysis of trends in the development of requirements of regulatory authorities of the Russian Federation, the application of new legal approaches based on the changing circumstances of new specific customer situations.

Basic legal analysis   In-depth legal analysis   Extended legal analysis

Unused legal opportunities   New gaps in legal regulation   Amendments and new rules   New legal practices

New legal solutions

Analyzing new laws and amendments to legislation. The subject of this analysis is both the basic legal points of the new legal rules and their legal nuances. They are analyzed in order to find the most favorable effects in the interests of the clients with regard to the new statutory prohibitions, restrictions, new permitted opportunities, benefits, as well as acceptable interpretations of new legal rules, their discrepancies, inconsistencies, gaps. This area of legal services also includes the analysis of bills on sensitive points for frequent situations of clients and the likelihood of early adoption of such bills. These circumstances are taken into account especially in long-term legal planning.

Analyzing new practices of Russian controlling agencies. As a rule, such legal analysis is aimed at forecasting the peculiarities of the application of new laws or changes in existing legislation. While new practice has not been developed, there are usually more opportunities for new legal solutions. On the other hand, the practice of the Russian regulatory authorities on the application of the current legislation is also subject to changes that may give a field of opportunities for new legal solutions.