Protecting the business reputation of a travel agent

Situation

The travel agent entered into the agreement with clients for the provision of travel services, but could not send tourists on a trip due to the cancellation by Flydubai flight program to Belarus. The travel agent returned the money to the tourist. However, the tourist filed a lawsuit for consumer protection and demanded a penalty and compensation for non-pecuniary damage.

Work process

We proved in court that the travel agent (my client) did not violate consumer rights. It was not possible to send tourists on a trip due to the cancellation of Flydubai flights, which means that the obligation of a travel agent to send tourists on a trip has ceased on the grounds of “impossibility of performance”. And since there is no obligation, then it is illegal to apply the sanctions established by the Law “On Protection of Consumer Rights”, because it is impossible to punish someone for non-fulfillment of a non-existent obligation.

Result

The court issued a decision by which the tourist refused to satisfy the claim and recovered from the plaintiff in favor of the client the costs of paying for the services of a lawyer in full. The travel agent not only protected her good name and avoided the collection of penalties, but also compensated her expenses.

The court's decision

Debt recovery under a contract for topographic and geodetic works

Situation

The client-individual entrepreneur performed topographic and geodetic works by order of a limited liability company. Exploration work, for which topographic survey was carried out, was suspended by the customer, so the individual entrepreneur was not able to complete topographic and geodetic work. The customer refused to pay the entrepreneur for the work performed, arguing that they were incomplete.

Work process

The attorney has represented the interests of the individual entrepreneur in the economic court. At the trial, he argued that the work was not completed through no fault of the entrepreneur, and that the result of partially completed work can be used in the future. And so – the work is subject to payment.

Result

The court agreed with the arguments of the individual entrepreneur, recovered from the LLC in favor of the entrepreneur the debt under the contract for the performance of geodetic works and the costs incurred to pay for the services of the attorney.

The court's decision

The case of appealing the confiscation of semi-trailers

Situation

A private transport company was fined with the confiscation of 6 semi-trailers. The district court found the enterprise guilty of not declaring semi-trailers when they were imported into the territory of the Customs Union.

Work process

The attorney advised the management of the firm on the appeal of the court decision. He suggested what arguments can be used in higher instances in order to achieve the cancellation of an illegal decision. As a result, it was proved that the semi-trailers were imported into the territory of the Customs Union temporarily to complete the international transportation of goods and were declared by the enterprise as vehicles of international transportation.

Result

The Chief Justice of the Supreme Court overturned the decision of the lower court. 6 semi-trailers were returned to the enterprise.

The court's decision

Refusal to initiate criminal proceedings on fraud against an entrepreneur

Situation

A verbal agreement was concluded between the client and his acquaintance, according to which the client promised to organize construction work in a country house. The client has received more than 2 million Russian rubles. The acquaintance considered that the work had not been completed, and turned to the police with a statement about fraud.
The audit has been lasting 8 months. Construction and technical expertise was appointed.
According to the conclusion of the construction and technical expertise, the cost of the work was significantly less than the amount of money transferred. The client was threatened with the initiation of a criminal case under Art. 209 of the Criminal Code “Fraud”.

Work process

Attorney actions:
1. Studying the expert’s opinion. After studying the estimate of construction work attached to the expert’s opinion, it was revealed that when determining the cost of construction work, the expert did not take into account part of the work performed on behalf of the customer. When taken into account, the total cost of construction work approximately coincided with the amount of cash transferred to the client.
2. A petition has been filed to request additional evidence confirming the fact that the work was performed by the client, which was disputed by the customer.
3. Preparation, instructing the client and his support when giving explanations. During the survey, the attention of police officers was drawn to the fact that the cost of work performed between a client and his acquaintance is regulated by their verbal agreement, and not by price standards in construction. Under the contract, the price of the work was determined significantly higher than the price according to the standards used by the expert when calculating the cost of construction work.

The regional department of internal affairs was agreed with the arguments of the attorney and his client and issued a decision to refuse to initiate a criminal case against the client.

Result

The check in relation to the client was terminated, the initiation of a criminal case was denied.

The court's decision

Protection of an individual entrepreneur from the claim of the car lessor

Situation

The client, an individual entrepreneur, rented two cars from an individual and used them in a taxi. After the end of the lease, the owner of the cars revealed breakdowns, defects and malfunctions in them, in which he blamed the lessee – an individual entrepreneur. The owner of the cars went to court and tried to recover the cost of repairs from the client.

Work process

The attorney attended every court session. It was proved that malfunctions and breakdowns of cars could occur after they were handed over to the owner and that the client was not to blame for their occurrence. Emphasis was placed on the lack of evidence of the return of the car with damage. Indicated on the incompleteness of the testimonies of witnesses. The attorney also provided an appraiser’s certificate, which refuted the methodology for determining the amount of damage applied by the plaintiff.

Result

The client won the legal dispute and does not have to pay the lessor money for car repairs. The owner of the car in favor of the client recovered the costs of paying for the services of the attorney.

The court's decision

The case of illegal dismissal of the director of Open Joint Stock Company

Situation

The leadership of the district executive committee tried to dismiss the director of an agricultural OJSC for guilty actions, so commissions and inspections were sent to dairy farms to look for violations that could become grounds for dismissal of the director for failure to perform labor duties. As a result, the director was fired on defamatory grounds.

Work process

The attorney drew up a competent, reasoned statement of claim and represented the interests of the dismissed director in court. At trial, the attorney argued that the dismissal was illegal.

The court changed the wording of the reason for the dismissal of the director from paragraph 4 of Art. 42 of the Labor Code “Systematic violation of labor duties” for part 1 of Art. 260 of the Labor Code “At the request of the head of the organization”, and also collected the average earnings for the time of forced absenteeism, compensation for non-pecuniary damage, and the costs of paying for the services of the attorney.

Result

The client has won the case. The court’s decision

The court's decision

The case of the purchase and sale of the circus-tent under an agreement between citizens of Russia and Belarus

Situation

The client, a citizen of Russia, in March 2017 concluded with a citizen of Belarus (the defendant) a contract for the sale of a mobile tent circus, according to which the client sold the specified circus to the defendant. The contract provided for an installment payment for the circus. For violation of the terms of payment, a penalty was provided.
Since the buyer repeatedly violated the terms of payment, the client did not agree to give him all the documentation for the circus until the penalty was paid on his part.

Work process

The attorney did the following:

1. During the consultation, the lawyer studied the contract and correspondence between the buyer and the seller. It was found that, despite the illiterate terms of the contract, one could try to bring claims not only for the recovery of a penalty, but also for the recovery of the circus from someone else’s illegal possession.
2. The attorney drew up a statement of claim, where he indicated the maximum number of claims that it was advisable to declare, namely, the recovery of 1 million Russian rubles forfeit and the recovery of the circus worth 2.1 million Russian rubles.
3. The attorney represented the interests of the client in the litigation by proxy without the participation of the client.
At the court session, a settlement agreement was concluded between the attorney’s representative and the defendant, according to which the defendant undertakes to pay the client a penalty in the amount of 200,000 Russian rubles. The client waived all the stated claims in exchange for payment.
Currently, the money has been transferred to the client in full in Russia. In addition, the republican budget returned to the client 50% of the state duty paid in the amount of 26,000 Russian rubles (in connection with the approval of the settlement agreement by the court).

Result

An amicable agreement was concluded on favorable terms.

The court's decision

Recovery of alimony penalty from an individual entrepreneur

Situation

A woman turned to the attorney, whose ex-husband was an individual entrepreneur, paid alimony very rarely and with a large delay. Only the mother took care of the three children. The task of the attorney is to achieve the real execution of the court decision on the recovery of alimony.

Work process

Taking into account the specific circumstances of the client’s situation, she was offered to apply to the court with a claim to recover from her ex-husband and father of the children a penalty for alimony arrears. Another of the recommendations is to achieve the seizure of property in connection with the arrears in the payment of alimony. The attorney drew up a reasoned statement of claim, calculated the debt on alimony, and instructed the woman how to behave in court.

Result

The court exacted a penalty for alimony in the amount of 1,764 rubles. After that, the father repaid the alimony debt in the amount of 2,600 rubles.

The court's decision

Man wins complicated case for recovery of alimony

Situation

Due to constantly arising quarrels and disagreements, the client’s wife applied to the court with a demand to recover alimony from her husband for two minor children. Claimed that, despite living together, the client does not provide funds for the maintenance of children. The client did not agree with the claim and turned to a attorney for help. The only possible way to defend against an unfounded claim was to file a counterclaim for the recovery of alimony for the maintenance of minor children from the spouse. Therefore, the recommendations were as follows:

  • draw up a counterclaim for the recovery of alimony;
  • to file petitions in court for the recovery of documents and information indicating the irrational spending of money by the spouse, in order to prove that the waste of money was to the detriment of the interests of the family and children;
  • provide evidence that the father fully fulfills the obligations of supporting minor children.
Work process

As part of the trial, the attorney did the following work:

  1. The attorney supported the petitions made by the client in the counterclaim, substantiating the need to obtain information about the spouse from banks, mobile operators, leasing organizations, etc.
  2. Questions were asked to the plaintiff, defendant, witnesses.
  3. It was possible to present written evidence, audio and video materials, refuting the testimony of witnesses from the side of the plaintiff.
  4. A reasoned justification was made for the need to satisfy the claims of the client and the refusal to satisfy the claims of his wife.
Result

The court agreed with the arguments of the attorney and the counterclaim and ordered the client’s spouse to pay him alimony.

The court's decision

Debt recovery $53,000

Situation

The buyer refused to pay for the delivered goods. The supplier contacted a lawyer. The attorney collected documents, prepared a statement to the court. As a result, the supplier recovered $53,000 in arrears and a fine, as well as attorney’s fees, in an indisputable writ proceeding from the buyer.

Result

The debt was paid in full.

The court's decision

Debt recovery in the amount of 5.1 million Russian rubles and $137,000

Situation

The company is a resident of the Russian Federation supplied the company – a resident of the Republic of Belarus with ore and crushed stone, but the buyer did not pay in full. The matter was complicated by the fact that the client-supplier did not have consignment notes confirming the deliveries. In the course of the trial, evidence of the delivery was obtained and an amicable agreement was concluded on the payment of the entire amount of the debt by the defendant-buyer.

Result

An agreement was reached on the payment of the debt, the debt was paid in full.

The court's decision

The case of determining the place of residence of children with the father

Situation

Parents after the dissolution of the marriage lived separately. The children stayed with their father. The client’s ex-wife filed a lawsuit to determine the place of residence of children with her. The man did not agree with the claim and turned to a lawyer.

Work process

The attorney, taking into account knowledge of judicial practice in similar cases, advised the man, gave recommendations on how to behave in court, prepared a substantiated counterclaim to the court, and represented interests in court. In the trial, the attorney argued that the situation in the mother’s family was not always favorable and calm, and that it would be better for the children if their place of residence was determined with the father.

Result

By decision of the court, the place of residence of the children was determined by the place of residence of their father. The court recovered from the plaintiff in favor of the client the costs incurred by him for the services of a lawyer.

The court's decision

Protection of an individual entrepreneur from the requirements of the Social Security Fund

Situation

Social Security Fund presented a demand to an individual entrepreneur to pay a large amount of debt on contributions. The entrepreneur worked under an employment contract during the period for which the Social Security Fund accrued contributions, so he does not have to pay contributions. However, the employer did not provide reporting (PU) to the fund that the entrepreneur also worked under an employment contract. Therefore, the Fund had no reason to write off the debt.

Work process

To write off the debt on contributions, the attorney has prepared a statement of claim to the employer to establish the fact of labor relations. He advised the entrepreneur on how to behave in court and prove his case, what arguments and arguments to achieve a positive decision.

Result

The court satisfied the claim and established the fact of labor relations. The individual entrepreneur presented the court decision to the Social Security Fund and proved that he worked under an employment contract during the period in which the contributions were accrued. The Fund wrote off the debts of individual entrepreneur.

The court's decision