Publications

"RBK" published a comment by Managing Partner of PB Legal | Panin, Bayramkulov & Partners Alexander Panin on the draft law proposing to transfer the authority to register personal funds from the Ministry of Justice to the Federal Tax Service. The draft law also proposes to exempt personal funds from regular financial inspections and reports.

Personal funds operate in Russia as an alternative to foreign private funds and trusts, but are not popular due to the complicated procedure of state registration and regular inspections. The draft law of the Ministry of Economic Development and Trade will significantly simplify the process of establishing personal funds, which are a convenient tool for transferring assets from foreign countries to Russia in the context of sanctions pressure on Russian individuals.

Alexander Panin noted that changes in the legislation on personal funds may encourage the business community to prefer this domestic institution to foreign equivalents, the use of which has recently become increasingly risky and difficult due to the growing pressure of anti-Russian sanctions.

You can read more about the publication at the link.

Moscow City Arbitrazh Court enforced the decision of the ICAC at the RF CCI (MKAS) for the benefit of our Client.

Our Client is the largest agricultural enterprise in the Tver region. PB Legal team has successfully helped our Client to recover from an unconscientious counterparty the amount of unearned advance payment under the contract, penalties and costs of arbitral proceedings in the ICAC at the RF CCI. To date, we have successfully completed the case and enforced the ICAC award.

The complexity of the dispute was precisely at the exequatur stage: PB Legal team managed to elaborate a strategy that allowed us to fully satisfy our Сlient's claims. The Moscow City Arbitrazh Court ordered to issue a writ of execution and recovered from the opponents the full amount of the penalty without reducing it.

Alan Bayramkulov, Konstantin Galin, Igor Startsev and Yulia Isakova worked on the project.

At the claim of a foreign company from an "unfriendly" jurisdiction, the Russian Federal Service for Intellectual Property cancelled the trademark of our Client because it contradicted another trademark with an earlier priority. The foreign company also filed complaints for recovery of damages from the companies that had used the Сlient's cancelled trademark.

Our Сlient is Denis Simachev, a famous Russian fashion designer, artist and restaurateur. PB Legal team elaborated a strategy to protect his brand rights. As part of the implementation of this strategy, we filed an opposition with the Russian Federal Service for Intellectual Property regarding the granting of legal protection to the trademark of a foreign company.

Alan Bayramkulov prepared an expert legal opinion on Russian intellectual property law issues, which supported the necessity of cancellation of a foreign company's trademark. This expert opinion became the key to the dispute: on its basis, the Russian Federal Service for Intellectual Property cancelled the trademark of the foreign company, which allowed our Client to retain his rights to the brand.

Cancellation of the opponents' trademark will allow the Client to use his brand in creative and commercial activities.

Alan Bayramkulov and Pavel Chistyakov worked on the project.

Dear friends, we are happy to share great news with you!

On December 8 the results of the "Pravo-300" rating were published, in which PB Legal | Panin, Bayramkulov & Partners has been actively participating for many years.

This year, the PB Legal team is recognised in the following categories:

• Group II – International Litigation;
• Group III - Arbitration Litigation (major commercial disputes - high market).

Our achievements are the result of high-quality and productive work of a team of professionals who are passionate about their work!

We thank the organizers of the «Pravo-300» rating and hope for further active cooperation! You can find the results of the «Pravo-300» rating at the following link.

Cypriot court recovered a substantial amount of funds that had been withdrawn from the company as a result of the illegal actions of the former beneficiaries and management for the benefit of our Client.

PB Legal team succeeded in obtaining a judgment from the Nicosia District Court (Republic of Cyprus) for the recovery of over RUB 200 million (the value of the withdrawn assets) for the benefit of our Client, a major Russian energy company.

The dispute was complicated by the necessity to notify the foreign defendants. Alan Bayramkulov (Partner of PB Legal) prepared an expert opinion on Russian law, which enabled the Cypriot court to decide on the proper notification of the foreign defendants and, as a result, to order the recovery of funds from them.

Alexander Panin and Alan Bayramkulov worked on the project.

"Kommersant" published a commentary by Alexander Panin, the Managing Partner of PB Legal | Panin, Bayramkulov & Partners, on the draft of the Government Resolution prepared by the Ministry of Economic Development of the Russian Federation, which proposes the use of an automated selection regime for trustees in bankruptcy based on a score system in insolvency cases initiated by the tax authorities.

In 2021, the Ministry of Economic Development of the Russian Federation submitted a draft bill to the State Duma of the Federal Assembly proposing significant changes to bankruptcy proceedings. The reform primarily involved a reduction in the number of bankruptcy proceedings, an increase in the application of the automated selection regime for trustees in bankruptcy and other new rules for the work of trustees in bankruptcy. To date, the bill has not yet been adopted.

In the published commentary, Alexander Panin suggested that the adoption of this Government Resolution may have a positive influence on bankruptcy proceedings, as the automated selection regime for trustees in bankruptcy is aimed at selecting independent and competent trustees in bankruptcy, while a simple random selection does not guarantee the selection of a competent trustee in bankruptcy.

Alan Bayramkulov spoke about the role of legal investigations in resolving business conflicts and how facts are important for this purpose.

Journal "The Corporate Lawyer" published an interview with Alan Bayramkulov, Partner at PB Legal | Panin, Bayramkulov & Partners, about legal investigations in the context of dispute resolution.

In the interview, Alan explains why 90% of success in a dispute depends on the facts discovered correctly, and how to find the necessary information through investigation. Using examples from his own experience, he shows how important it is for an investigative lawyer to be a good psychologist, keep a rational mind and be able to build a comprehensive picture of the situation. Alan also shares how the firm's work is structured to help clients resolve business conflicts as efficiently as possible.

You can read more about the publication via the link.

Alexander Panin, Managing Partner of PB Legal | Panin, Bayramkulov & Partners, commented on the regulation of real estate sale-and-purchase agreements between Russian entities with "unfriendly" control.

He spoke about the standard options for such transactions and their specifics, as well as gave recommendations on the alternative option - redomiciliation of holding companies from unfriendly jurisdictions to Russia.

You can read more about the publication via the link.

"Vedomosti" published a comment by Managing Partner of PB Legal | Panin, Bayramkulov & Partners Alexander Panin on the draft law of the Ministry of Economic Development and Trade on amendments to the legislation on equity market regulation. The concept of a "confirming person" will be introduced into the law on the equity market, who will verify the grounds for securities exchange transactions.

In the published commentary, Alexander Panin suggested that the changes proposed by the Ministry would definitely increase the investment attractiveness of small companies that do not have strong goodwill, reducing the potential risks to investors from abuse by issuers. At the same time, Alexander suggested that the Bank of Russia should be given supervisory powers over the activities of confirming persons, as abuse cannot be completely eliminated.

You can read more about the publication at the link.

"Kommersant" published the op-ed by Alan Bayramkulov, Partner of PB Legal | Panin, Bayramkulov & Partners, dedicated to legal investigations and their application in international arbitration proceedings.

Contrary to expectations, the number of cross-border disputes with a Russian element has not decreased significantly over the past year - old proceedings in international arbitration institutions continue and new proceedings involving Russian businesses are initiated. In this regard, services of investigative lawyers helping to gather evidence and form a picture of the factual circumstances of the dispute remain relevant.

In the article Alan Bayramkulov shared his views on international legal investigations, their role in modern cross-border proceedings and the impact of sanctions on access to justice abroad. Alan described general investigative techniques and tactics, emphasized the importance of detailed examination of the facts to win a case and explained how the work of an investigator is similar to that of a surveyor.

The full article can be found at the link.