Archives: Publications

Daryana Epikhina tells Pravo.ru what division of property between spouses can be considered “extremely disadvantageous”

The law allows a marriage contract to be declared null and void upon a claim by a spouse who has been "severely disadvantaged". The case law explains what does this mean. The courts do not consider the unequal division of property to be grounds to annul a prenuptial agreement. An example of such a case was given by Daryana Epikhina, Senior Associate at Petrol Chilikov. In Case No....
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Olesya Petrol and Daryana Epikhina’s article on pricing in out-of-court foreclosures published in annual ‘Insolvency Supplement’ of Corporate Lawyer magazine

When a pledge is foreclosed upon through a sale at auction, the pledgor's interests are protected: through competition from a wide range of third parties, the sale takes place at a real, rather than fictitious, market price. If the proceeds of the sale of a pledged item at auction exceed the amount of the claim secured by the pledge, the difference (superfluum - collateral surplus) is...
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Egor Chilikov explains to Vedomosti exactly how lack of a licence to process payments by sub-sanctioned individuals hampered arbitration at the LCIA

The London Court of International Arbitration (LCIA) has been granted a general licence to process sub-sanctioned payments. This will seriously facilitate proceedings between Russian businesses and Western counterparties. Previously, the court had to obtain a special licence from the Office of Financial Sanctions Implementation (OFSI) to process each arbitration fee from sanctioned Russian and...
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Legal Insight publishes Olesya Petrol’s interview with Dmitry Chernenko of A1 about Bedjzhamov case

In the ‘Cross-Border Dispute of the Year’ category of The Case by Legal Insight's annual research, the case for recovery of losses from Larisa Markus and Georgy Bedzhamov, senior managers and beneficiaries of Vneshprombank (VPB), won. Learn how the lawyers’ team overcome the cross-border barrier step by step, what is unique about the case and what non-trivial move was used to find the...
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Daryana Epikhina tells Pravo.ru when a court may consider omission of time to accept inheritance legitimate

The notary started an inheritance file, but did not notify the heiress until two years later, and when she came to him, he refused to issue an inheritance certificate because the heiress had missed the deadline for accepting the inheritance. The heiress did not know that she was a testamentary heir. Disputes over reinstatement of inheritance by judicial procedure arise frequently, says...
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Natalia Kotlenko, in a comment for Pravo.ru, highlighted the nuances of confirming authority for electronic -banking transactions

The bank received from a company through the online system an application for a loan and several payment orders. The bank disbursed the money and made the payments. The LLC then claimed that it had not asked for a loan nor transfers of the funds to individuals' accounts at another credit institution. Later. the bank decided to collect the loan debt from the company, but it was refused by the...
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Konstantin Kandakov explains to Pravo.ru new procedure for paying profits to foreign investors in context of counter-sanctions

On 4 May 2022, a decree was signed "On Temporary Procedures for Execution of Financial Obligations in the Sphere of Corporate Relations to Certain Foreign Lenders". According to the act, Russian LLCs, business partnerships and production cooperatives will temporarily be able to pay profits in rubles to their foreign creditors. The Russian Central Bank and the Ministry of Finance have been...
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Dmitry Taput analyses practice of disputes with companies from unfriendly countries for Pravo.ru

On 28 February 2022, the Russian President signed Decree No. 79 "On the application of special economic measures in connection with unfriendly actions of the United States and foreign states and international organisations that have joined them". The document mostly deals with currency operations by Russian residents. There are some attempts to apply it in court practice already. Petrol...
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Alexander Nazarov told Pravo.ru how fourth stage of capital amnesty will work

The fourth stage of the amnesty will take place from 14 March this year to 28 February 2023. Among the novelties are the possibility to declare cash and re-register vehicles in Russia. Petrol Chilikov Senior Associate Alexander Nazarov has helped Pravo.ru to understand the nuances of the new law. Nazarov believes that the replacement of the term "securities" in the capital amnesty law is...
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Pravo.ru publishes Olesya Petrol’s commentary on transfer of businesses to heirs

Many large businesses are owned by a single beneficiary. If an adverse event were to happen to them, the business runs the risk of suffering greatly, if not disappearing altogether. To prevent this from happening, while still alive, an entrepreneur should develop a competent strategy for transferring their assets to  successors. Partner Olesya Petrol explains how to do this: Options for...
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