Criminal Law and Procedure - Services - Infralex

Services Criminal Law and Procedure

Advising of our clients and their representation and defense in criminal proceedings for tax crimes and other cases of corruption and economic disputes.


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2016 – Legal results

On the eve of the New Year Infralex traditionally has summed up the outgoing year. Infralex partners Artem Kukin, Alexey Popov and Artur Rokhlin have named the most important events in the legal area. The passing year is not marked by new fundamental laws, substantial precedents, “trials of the century”. The more notable amendments to the Russian Law will come into force on the 1st of January’2017: the new Law “On the State Registration of Real Estate”, the Law on titles to a car-parking space, the new provisions for challenging of companies’ transactions. These laws significantly affect the fundamentals of the economy and the regulation.


The Russian Supreme Court has defined a business area

On the 15th of November the Russian Supreme Court Plenary Session gave its guidelines related to the special aspects of prosecution of a crime in economic and business area. The guidelines have been required after a recent  return to the Russian Criminal Code special provisions on the punishment for “business swindle”. The Supreme Court has defined i.a. a “business area” for prosecution of the swindle and other crimes.



Family violence shall not be latent

Infralex attorney Alexander Vasanov appeared as an expert in the broadcast of the Russian public television. In a live program “Otrazheniye” (“Reflection”) on November 16 the participants discussed a legislative initiative (law draft № 26265-7) to decriminalize bodily blows against family members if blows didn’t cause harm to the health. In July such acts became subject to criminal liability – up to two years of imprisonment. The paradox is that bodily blows against a stranger are qualified as an administrative offence with the sanction up to 15 days of administrative arrest. Now the law draft provides to resolve the apparent discrepancy and to mitigate the punishment for family members. According to Alexander Vasanov the principal problem is that family violence is latent.


Title to a car-parking space: advantages and risks

The magazine “KommersantЪ Vlast” has published today an article with the title “The problems of modal car-ownership” by Infralex analyst Olga Pleshanova. The article referred the consequences of the new law stated that car-parking spaces shall consider as real estate. The law will enter into force on the 1st of January’2017. This law shall solve a number of problems concerning the titles to car-parking spaces but at the same time the risks of auto theft can increase. The thing is that the law allows any fee-paying parking rent car-parking spaces out without safekeeping of vehicles. Now fee-paying parking must accept cars for storage but parking owners try to avoid liability.


Collector in Law

Infralex partner Artem Kukin has taken part in the discussion of the recent adopted Law known as The Law on Debt Recovery Regulation. This Law was adopted after a number of violence acts committed by collectors against debtors and their families. The Law became the main event discussed by the experts in the July issue of the magazine “Zakon” (it means “Law”).


“Business swindle” has returned to the Russian Criminal Code

The important amendments to the Russian Criminal Code, Criminal Procedure Code and the Code of administrative violations adopted on the 21st of June have been signed today by the Russian President. The special Articles concerning swindle in business area have been provided again in the Civil Code – this time with strict responsibility. Moreover the amendments toughen responsibility for corruption-related crimes. Though the announced liberalization related to crimes of little and average gravity will occur but its scale will be much smaller than was originally proposed.

Infralex partners are ranked by the Best Lawyers again

Infralex partners Artem Kukin, Alexey Popov and Artur Rokhlin have been included for the eighth time in Best Lawyers in Russia. Artem Kukin, Alexey Popov and Artur Rokhlin were first ranked by Best Lawyers in 2009. The 2016 ranking has been published today in the special edition of the newspaper “KommersantЪ”. Infralex partners have been included in the following ranking: “Arbitration and Mediation”, “Competition/Antitrust Law”, “Criminal Defense”, “Litigation”. 


The win in Moot Court Competition

Infralex trainee, master's student of the Lomonosov Moscow State University, law department Karina Kotenko was a member of the University team winning the International Criminal Court (ICC) Moot Court Competition, Russian Version – 2016 in the in the Hague. The final round took place on the 27th of May. Lomonosov Moscow State University team defeated the opponents from Siberian and Kazan Federal Universities. ICC Moot Court Competitions are held for students from various countries for over ten years.


The Russian Criminal Code doesn’t strength guarantees for real estate investors

The magazine “KommersantЪ-Vlast” has published today an article by Infralex attorney Artem Karakasiyan and analyst Olga Pleshanova. The article with the title “A real estate investor with no guarantee” says about the amendments of the Russian Criminal Code provided criminal responsibility for the breach of the Law on Real Estate Investments. According to the authors of the article the new Criminal Code rule shall not protect real estate investments suffered loss from bankruptcy of developers. 


Expensive biologically active additives (BAA)

Infralex attorney Alexander Vasanov appeared as an expert on the national TV channel “TVC” in teleshow related to fraud in medical services area. The TV program production “Doctor &…” headlined “Scammers in medicine” went on the air on the 11th of May. TV hosts and experts examined an activity of “medical centers” which fraudulently offer to retirees to buy BAA for artificially high price and to accept financial credit for extremely high interests. One of the experts, the Federation Council member Anton Belyakov expressly named such activity as fraudulent. Alexander Vasanov however noted that it’s difficult to prove legal components of a crime and to charge guilty persons with criminal responsibility. 


Russian attorneys refreshed investigators’ memory about the Constitutional Court

Infralex attorney Alexander Vasanov has commented to the newspaper “KommersantЪ” on the problem referred to disregard of the Russian Constitutional Court’s decisions by another Russian courts, investigators and public authorities. According to Alexander Vasanov the investigators continue to examine attorneys as witnesses without the court’s sanction in violation of the Constitutional Court’s position. 


Confiscation without sentence?

Infralex attorney Artem Karakasiyan has commented to the newspaper «KommersantЪ» on the criminal case concerning the painting «Christ in the sepulcher» by Karl Bryullov. The painting has been stored under arrest in the Russian Museum in St. Petersburg more than 13 years but the case has recently reached the Supreme and Constitutional courts of Russia. The artistic masterpiece was seized from the German citizens Irina and Alexander Pevzner in connection with the case of smuggling which was terminated in 2013 due to the lapse of time. Artem Karakasiyan is surprised by confiscation in the case terminated without a sentence.

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Competition Law Advising on economic concentration and the application of antitrust legislation, legislation on advertising, on foreign investment in Russian strategic enterprises, on government procurement. Representation of the clients’ interests. Infrastructure. Transport. PPP Legal support for PPP participants by both private investors and public entities that is the Russian Federation, Russian regions, municipals, entitled state corporations and state companies. Concepts for infrastructure projects structuring. Corporate Law and M&A Advising on corporate relations in overall economy, legal support for transactions including ones under foreign law, legal due diligence, corporate disputes resolution. Tax Law Advising on Russian and international taxation, tax risks assessment,  representation in administrative and judicial disputes with tax authorities. Real Estate. Land. Construction Advising on investments in capital construction, legal support for activity of developers, investors, contractors. Assistance in the registration of titles, real estate disputes resolution. Insolvency (Bankruptcy) Advising on the insolvency (bankruptcy) legislation and procedures related to individuals and legal entities including banks and other financial institutions. Legal support for bankruptcy proceedings.
Dispute Resolution Representation of our clients’ interests in all instances of the judicial system, including in the Constitutional Court of the Russian Federation, arbitration proceedings, including in the International Commercial Arbitration Court under the Russian Federation Chamber of Commerce and international arbitration institutions. Criminal Law and Procedure Advising of our clients and their representation and defense in criminal proceedings for tax crimes and other cases of corruption and economic disputes. Intellectual Property Advising on intellectual property related issues, drafting of agreements, legal due diligence of intellectual property, patent and trademark dispute resolution including non-use cancellation actions, assistance in registration.