Business protection services in litigation and arbitration disputes in Belarus

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Has there been a litigation?

In business, this often happens: partners do not fulfill contractual obligations, hide, withdraw assets, or make unreasonable claims. Or, it happens that government agencies do not act according to the law. In such situations, the dispute may go to court. Therefore, the financial security and business reputation of your business will depend on competent legal actions and the right tactics.

Attorney Ruslan Petrochenko has been protecting the interests of businesses in Belarus since 2012 and helps in resolving litigation in state courts and commercial arbitrations. In his practice the attorney has more than 400 successful cases and he has represented the interests of clients from Lithuania, Poland, North Macedonia, Belgium, New Zealand, Russia, Kazakhstan, Ukraine, Uzbekistan and Belarus.

In what disputed situations does the attorney help?

  • Recovery debts under economic contracts, as well as penalties for late repayment of debts.
  • Protection in disputes on the execution and termination of all types of business contracts.
  • Corporate disputes of founders and managers on profit distribution and business management.
  • Execution on the territory of Belarus of decisions of foreign courts.
  • Judicial protection of copyright and intellectual property.
  • Litigation with customs, tax inspection, the State Control Committee, the Ministry of Antimonopoly Regulation and other government agencies.
  • Labor disputes: recovery of shortages and damages; defense against employee claims.
  • Protection of personal assets in case of divorce and division of property.
  • Protection of personal assets in case of divorce and division of property.
  • Appealing unlawful court decisions.
  • Support of enforcement proceedings against the debtor: seizure of property, search for assets, response measures against the founders, director, chief accountant and bailiff (officer of the court)

How exactly will an attorney work on your case?

1
Consultation

First, the attorney conducts a consultation for you, during which he clarifies all the details of the dispute, asks you for contracts, acts, correspondence and other documents, and analyzes judicial practice in such cases. After the consultation, you will know the chances, risks, prospects and the most optimal plan for further action.

2
Preparation of the documents

The attorney will draw up documents for applying to the court (claim or writ proceedings) or to a notary (executive inscription). Take measures to seize the debtor’s property in order to exclude its concealment. If you are a defendant, you will draw up competent objections to the claim and send it to court as quickly as possible.

3
Preparation of a legal position and evidence

For an effective defense, the attorney conducts thorough preparation: he studies the position of the other side in the case, selects questions for witnesses and experts, formulates arguments and arguments that the judge will listen to.

4
Representation of interests in court

The attorney protects your interests in court during the consideration of the case, defends your case and achieves a positive decision in all instances, up to the Supreme Court.

5
Post-trial support

After receiving the decision, the attorney will help in its implementation and will achieve payments in your favor.

Cases from practice

Inclusion in the creditors’ claims register of 10,000,000 RUB

Situation

The Arbitration Court of the Republic of Bashkortostan, Russia, ruled in favor of a Russian-resident LLC against a Belarusian joint-stock company. The wording of the decision was: ‘to recover the penalty for the cost of work performed up to the date of completion of the work.’ The general meeting of shareholders of the joint-stock company decided to liquidate. The liquidator refused to include this penalty in the creditors’ claims register. The problem was that Belarusian legislation does not provide for decisions to be made with a penalty formula without specifying its exact amount.

Work process

The attorney filed a lawsuit on behalf of the LLC to the economic court to compel the liquidator to include the debt in the register. In addition, he provided legal support for the negotiation process between the management of these companies.

Result

During the negotiation process, the parties made mutual concessions and decided to conclude a settlement agreement on the inclusion of a penalty of 10,000,000 Russian rubles in the register. The court’s decision was executed by transferring the debtor’s property to the client’s ownership.

The court's decision

Principal recommendations

Frequently asked questions (FAQ)

Yes, this is possible, but you need to evaluate the real chances in your case. In order for a decision of a foreign court to work in Belarus, a foreign court must consider the case without violations. For more information on your case, write or call me and we will discuss it at the consultation.

In addition to the amount of the principal debt, you can collect additional interest, penalties, penalties, as well as the cost of state duty and attorney services. The prospect of recovering penalties depends on a number of factors: how the condition on fines is formulated in the contract, whose fault is in the delay, how the acts are drawn up, etc.

For different cases, the cost differs significantly: it depends on the complexity of the task and the time spent on legal support of the dispute. To discuss more specifically, you need to study the details of your situation. To do this, send me detailed information and we will discuss the cost.

Why do clients choose attorney Ruslan Petrochenko?

Experience 10 years
The lawyer has been practicing law since 2012
Over 400 successful cases
The lawyer has defended the interests of clients from Lithuania, Poland, North Macedonia, New Zealand, Russia, Kazakhstan, Ukraine, Uzbekistan and Belarus.
Narrow specialization
Solving legal problems only in the field of business.
Qualification and education
The lawyer has a master’s degree in law, additional economic education, therefore, he has knowledge in the field of taxation, accounting and business analysis.