Litigation support

Litigation support at Tver courts
 

Limited Liability Company “Legal Corporation “Odissey” provides litigation support at courts. The major line of our business is reading of cases at the arbitration courts. The litigation support, provided by our Company, includes the following range of services:

  • Prejudicial settlement of disputes between the economic agents;
  • Legal review of the debtor, determination of its property status (available property rights or any other real rights to the fixed assets and motor transport), getting of information about the debtor’s financial status, its management bodies’ structure, etc.);
  •  Assessment of capability in settlement of disputes in a judicial procedure (including reading of cases at the arbitration сourts) as well as in an extra-judicial procedure;
  • Provision of claim administration operations, extra-judicial representation of the Client’s interests ad litem, including the participation in negotiations with the contractors;
  • Making of a legal proposition on the dispute with preparation of the written legal opinions, litigation support ad litem;
  • Familiarization with the documents, preparation and filing of the statements of claim to the Court, statements of defense, collection of evidence, relative to the case, preparation of other service documents, and if necessary a project of the amicable agreement, approved by the Court;
  • Preparation and sending of requests, required for getting of the information about the case to the judicial and other agencies;
  •  Constant informing of the Client about the course of the judicial examination and giving consultations on issues on future development of the course of the case;
  • Preparation and filing of the petitions for appeal, cassations and supervisory appeals, and representation of the Client’s interests during their consideration at the judicial agencies;
  • Arrest of judgments;
  • Getting of copies of the judicial acts, written obligatories, decrees of the enforcement officers;

 

One should separately mention such fields of judicial and prejudicial practice of legal firm “Odissey” such as:

  • Tax disputes (tax arbitrage);
  • Arbitrage, economic and collective disputes;
  •  Execution of judicial acts;

Tax disputes (Tax arbitrage)

 Tax disputes between the economic agents are mostly settled in favor of the tax payer, provided that all the norms and requirements of the Tax Code of the Russian Federation are observed. Legal Company “Odissey” is ready to take upon itself:

  • analysis of the taxation body’s decision about the assignment of the tax inspection, inspection certificate, preparation of the objection to the certificate;
  • analysis of the taxation body’s decision about bringing to the tax liability and preparation of a claim for litigation of the taxation body’s non-normative act;
  •  preparation of a claim to the taxation body for the recovery of the excessively paid tax amounts and charges;
  • preparation of a claim to the court for litigation of the taxation body’s omission, resulted in failure to notify the taxpayer of the decision about the rejection in return (set off) of the excessively paid amounts, taken by the taxation body, in violation of the terms on return of the excessively paid tax amounts to the taxpayer;
  •  analysis of the taxation body’s claim for compensation (termination of the taxpayer’s operations with its accounts at the bank, for the taxpayer’s bringing to tax liability for tax violation and others), familiarization with the files of the case at the Arbitration Court, preparation of an application to the court for contestation of the taxation body’s decision about tax recovery;
  • representation of the Client’s interest at the court at all stages of judicial proceedings on the specified categories of cases, protection of the Client’s rights, etc.;

 

Economic and collective disputes

 The economic and collective disputes and the ones, arising between the economic agents, are adjudicated, as a rule, by the arbitration courts (arbitrage) and at the courts of general jurisdiction. The arbitration practice of Legal Company “Odissey” includes:

  • appeal to the court on the transactions, relative to transfer of the assets out of the Company and other ones, impairing the Company’s financial position;
  •  declaring invalid the transactions and application of consequences of their invalidity;
  • acknowledgement of the right of ownership in a judicial procedure, requisitioning of the property from illegal possession by the owner or any other legal holder, termination of violation of the owner’s rights or any other legal holder, unrelated to the dispossession;
  • declaring invalid in full or partially in a judicial procedure the non-normative acts of the state agencies, local authorities and other ones, not complying with the laws and other normative acts and violating the rights and legal entity’s legal interests;
  • judicial protection of honour, dignity and business reputation;
  • declaring as unliable to execution the administrative case or any other document, the recovery under which is performed in accordance without recourse to the Сourt;
  • submission of applications to an enforcement officer, for the enforcement proceedings, staying of execution and imposition of fines due to the non-fulfillment of Сourt judgments;
  •  submission of applications for interim relief to the judicial agencies;
  • recovery of debts under the economic contracts (purchase-and-sale, delivery and lease, commutative contracts, etc.) in a judicial procedure;

Labour disputes

 Labour disputes with the assistance of Legal Company “Odissey”:

  • legal evaluation of an individual labour dispute;
  • making of a legal proposition, relative to the labour dispute;
  • participation of a representative in all judicial instances, including the Arbitration Court during consideration of the case;

 Execution of the judicial acts

 The execution of judicial acts by Legal Company “Odissey” includes:

  • evaluation of the debtor’s paying capacity;
  •  legal support in the execution of judicial acts on property and non-property disputes at the Court Bailiffs Service;
  • legal support in execution of judicial acts on monetary funds’ recovery in banks and other credit institutions;
  • preparation of applications, petitions and other service documents;
  • representation of the recoverer and debtor’s interests during the execution;
  •  appeal of the actions/omissions of the enforcement officers, legal executives;
  • legal support in execution of judicial acts on claims to the Russian Federation, the execution of which is performed by the Ministry of Finance of the Russian Federation;

 

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News:

17.11.2011

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