Legal planning
for foreign projects, deals, operations in Russia

Legal opportunities in this sense are understood as legal ways, options, forms of realization of the client's objectives in a particular situation. Legal regulation is considered in a broad, if possible, exhaustive context, taking into account the legal permitted types of operations and deals, benefits, prohibitions, restrictions, liability, as well as taxes, currency transactions, customs clearance, the usual requirements of banks and regulatory authorities of the Russian Federation.

Issues and situation

Discussing in office Estimating by e-mail

Direct legal opportunities   Indirect legal opportunities   Legal opportunities under acceptably amended circumstances

Generally, the identification of such legal opportunities is carried out at a meeting during the discussion of the client's situation in the mode of oral primary legal consulting and legal opinion. To propose legal opportunities, options, legal forms of realization of the client's objectives, it is usually necessary to clarify the circumstances of the situation. In particular, this applies to the permissible limits of adjusting the objectives to comply with specific types of legal relations, the admissibility of supplementing the situation with the missing criteria and obligations for compliance with related and possibly more profitable types of legal relations, the number of persons in the operation / transaction / project and the nature of the relations between them, the terms of payments, the urgency of implementation.

After determining the possible legal options for the implementation of the client's objectives on the situation, each such option is evaluated by its main legal moments, risks and benefits based on the relevant rules of legal regulation and the practice of implementing similar operations, deals, projects.

Direct legal opportunities   Indirect legal opportunities   Legal opportunities under amended circumstances

Discussing in office Estimating by e-mail

Basic rules   Major benefits   Major risks   Particulars

Choosing specific opportunities

Usually this stage of legal planning is also preferable to hold at a meeting with the client to clarify further details of the situation in relation to a particular legal form of implementation of the client's goals. Nevertheless, the oral discussion is still focused on the primary legal assessment, which can be carried out immediately and without further verification and comparison of the key circumstances of the situation with the applicable legal norms and law enforcement practices. Therefore, such an oral assessment is intended mainly for more or less typical, usual client situations.

In more complicated situations, when important issues on a possible specific legal form of implementation of the client's objectives require elaboration, such elaboration is usually preferable to be carried out as an additional service between meetings with the client. Usually this additional study is carried out in the form of collecting legal materials with key extracts from legal acts on the questions asked and with a thesis statement of opinion on them. The results of additional study, inspections of legal acts are discussed at the next meeting to decide on a particular issue.

In case of clearly complex or specific situations, the study of their main legal points, risks and benefits may be carried out in writing in the form of legal opinions on specific issues, indicating the applicable legal rules, possible explanations of the regulatory authorities of the Russian Federation and (or) the usual law enforcement practice, and conclusions.

In the event of attractiveness of a particular legal option for the implementation of the client's objectives after resolving issues on its main legal points, risks and benefits based on the rules of its legal regulation and usual law enforcement practices, the next stage of legal planning may require the development of further details of this option. This study is carried out at a more detailed level in order to identify possible certain nuances, circumstances that may prevent the actual implementation of this legal option in a particular situation of the client or vice versa, to facilitate this implementation.

Small details of chosen opportunities

In-depth legal analysis   Extended legal analysis   Innovative legal analysis

Legal studies Commenting in office

Final decisions on opportunities and details

Generally, such a detailed study is carried out in the form of an in-depth, extended legal analysis of the applicable legal norms and explanations of the controlling agencies of the Russian Federation, if possible also judicial precedents, explanations of the Supreme courts of the Russian Federation. These legal rules and clarifications are examined from different angles and perspectives in order to identify the complicating or favourable nuances and circumstances mentioned above.

The result of the study may be a discussion of legal conclusions on such details at a meeting with the client with their visual demonstration or illustrations, necessary detailing of the explanations and (or) their written thesis.

On the basis of the discussions and (or) studies of possible several attractive legal forms of realization of the client's objectives according to the specific situation, the optimal legal form will be chosen out of these options. As a rule, its implementation is built on a phased basis. First, specific actions are identified in the first phase. If it is necessary, or it is advisable and (or) it corresponds to the situation there can be planned and taken actions on several stages at the same time.

At each stage, it is possible to adjust the action plan based on the nuances of the actual implementation of the previous stages, changes in the situation of the client, changes in legal regulation or the emergence of any other new circumstances.

Approved opportunities and details

Main optimal line of action  (Plan A)  Options for changes or alternatives  (Plan B)

Planning a step-by-step implementation

Changes in situation   Changes in legislation   New factors  ▼ ▼ ▼  Adjusted Plan A or Plan B with possible modifications ▲ ▲  Arising new favourable opportunities     Arising new opportune moments