12 августа 2019 г.
"Criminal legal risks in corporate bankruptcy are growing. How to minimize them, What tricks really work? About risks and their hedging, about transactions that may attract close attention of law enforcement officers, - expert material by Alina Manina (Deputy Managing Partner) for the "Federal Business Journal".
7 августа 2019 г.
Subsidiary liability is an exceptional measure. Despite this, the number of cases in which company executives are held accountable is growing every year. According to Fedresurs, in 2018 32% of the requirements to prosecute 2,125 persons were satisfied, from which 330.3 billion rubles were recovered. This was a record for all previous years. Alina Manina, Deputy Managing Partner, Alliance Legal CG, for Pravo.ru
1 августа 2019 г.
Some problems of delineation of civil law relations and criminal offenses, delineation of fraud with related offenses against property, committed by fraud and breach of trust.
1 августа 2019 г.
The lawmaker is thinking about how to reduce the burden on the courts and make it easier to recover where there is usually little disputes. One such project deals with tax debts, and the other with salary arrears. But some experts believe that nothing will change, and explained their point of view. Another bill mitigates liability for drivers who unintentionally left the scene of an accident, but still risk losing their rights for up to a year and a half. In addition, the legislator proposed a way to deal with violations when registering reports of crimes - law enforcement officers may refuse to accept them.
31 июля 2019 г.
In December 2015, the Investigative Department of the Russian Ministry of Internal Affairs initiated criminal proceedings under part 4 of article 159 of the Criminal Code for large-scale fraud committed by an organized group (Moscow City Court ruling of 21 January 2019 in case No. 4g/1-462). During the investigation of the criminal case, it was determined that citizens, including from among the managers of one bank, created an organized group with the purpose of stealing the bank's funds by obtaining loans without the intention of returning them. The borrowers were managers of fictitious legal entities who did not actually receive the money. In court, they had to prove that they were nominal heads of organizations and did not conclude loan agreements and surety agreements, and the signatures on all documents were not theirs. However, the analysis of the judicial practice showed that in some cases the judges took the side of the bank - obliged the citizens to pay the sums of money on the credit documents, in other cases the judges refused the claim for recovery of money. Comment by Yunona Sizych, Senior Consultant at the Legal Practice Department of Alliance Legal CG, for Garant.ru.
29 июля 2019 г.
In July, changes to public procurement came into force, aimed at simplifying and speeding up procedures. Thus, small companies have gained more opportunities in the area of procurement activities, while antimonopoly authorities have started to include suppliers in the register of unfair suppliers more often. At the same time, the risk of cartel collusion and contractual state contracts has increased. Commentary by Ignat Gornshtein, Senior Consultant of Alliance Legal CG Legal Practice Department, for Pravo.ru
26 июля 2019 г.
It is important for lawyers and barristers to have a general idea of how the expert witnesses carry out the expert review of the dating of documents, as it can change the course of an investigation or court case in favour of the principal and prevent him or her from suffering reputational and financial losses. The expert opinion is often decisive evidence that determines the outcome of a court case. Let us consider how the expert examination of the age of documents is carried out, and how to choose a specialist to ensure that the results are accurate. Olga Podoprigorina, expert at the National Expert Bureau, specially for Garant.ru
26 июля 2019 г.
The general director of the Xenievski Pryisk is charged under two articles of the Criminal Code: he faces up to 10 years in prison for embezzlement and up to seven years for illegal logging. Experts assessed the arguments of the investigation and the defence. Alliance Legal CG criminal defence lawyer Marina Podvarkova comments for Pravo.ru.
24 июля 2019 г.
Dmitry Fesko: “Entrepreneurs lose money, experience administrative pressure due to the archaic nature and inconsistency of the control and supervision legislation. Control should become reasonable, mandatory business requirements should be adequate, and reviews should be sound and transparent. The global reform, with the unofficial name of “regulatory guillotine,” aims to solve the problem by January 1, 2021. ” About what “pain points” of control and supervision the new reform will help to eliminate and how to make life easier for entrepreneurs. Dmitry Fesko, partner and head of Alliance Legal CG consulting company, for business journal "Russian Business Guide".
18 июля 2019 г.
An open letter from hundreds of digital asset owners addressed to the Prosecutor General. The Chelyabinsk Central Court has been considering for months a lawsuit by the regional prosecutor's office against the owners of a number of internet resources to shut down websites that contain information about cryptocurrency.