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Energy

Energy

Pepeliaev Group has lawyers who have experience of handling projects in the energy industry for 10 and more years. During the 15 years of our law firm’s history, we have successfully completed a number of precedent-setting lawsuits which had significant effect on subsequent court practice (for example, a dispute on the tax consequences of technological and commercial losses of electric power). On numerous occasions we have succeeded in persuading state authorities to withdraw their claims against energy companies at pre-trial stages. We are well-known to the infrastructure associations (NP Market Council and JSC TSA), which united, on a membership basis, players in the industry. We know how to pull our efforts with industry experts when specialised knowledge is needed to defend the client. Our team includes experts with experience of working for power companies. We have saved billions of roubles for power companies and accept projects of all levels of difficulty including additionally assessed taxes based on results of field tax audits in dozens of disputed situations. We provide the full range of legal services for energy companies.


Pepeliaev Group’s primary services for energy companies are:

  • Providing legal support during business restructuring and employee transfers
  • Providing assistance in contractual work including intra-group services agreements, power services agreements and agreements with contractors; we also negotiate issues associated with technical connections.
  • Providing support when pre-trial and court claims are reviewed and assisting in assessing the prospects of disputes with contracting parties.
  • Providing support in lawsuits to challenge regulated rates (when rates are understated or when demands are made in the interests of consumers based on arguments that rates are overstated).
  • Antimonopoly audit
  • Providing support in legal work connected with subsidies for energy companies from the state budget (working with administrators of funds in the state budget and performing in-depth analysis of tax aspects).
  • Performing tax audits to identify tax risks and overpayments including checking whether the available supporting documents are sufficient and providing advice on how to improve the evidence base.
  • Providing comprehensive support during tax audits including analysing the auditors’ demands, preparing responses to requests, developing recommendations on how to strengthen the position at pre-trial stages and providing legal assistance during interviews with witnesses.
  • Providing support in tax disputes including being involved when objections to the audit report are considered and appealing tax authorities’ decisions at pre-trial stages and in court.

Projects

Drawing up a production sharing agreement (PSA) in relation to developing the Khvalynskoye field

Within the framework of a state contact with the Russian Ministry of Energy, Pepeliaev Group’s lawyers provided services that involved a legal analysis of the draft of a PSA for the use of mineral resources of the Khvalynskoye field. Our lawyers participated in negotiations with the investor representing the Russian government; they provided recommendations on the wording of the PSA, and expert support to the government's representatives to ensure that the project was as favourable as possible for the Russian Federation, and that the state's interests were protected. In the course of the project, we analysed the PSA’s terms and conditions from the standpoint of whether they were in line with the current legislation on PSAs, the legislation on mineral resources, and the tax regime on the use of mineral resources taking into account the specifics of international status of the Caspian Sea, etc.

While continuing to develop the draft of the PSA, our lawyers were holding negotiations with the Russian Ministry of Energy, the Ministry of Natural Resources and the Environment, the Ministry of Finance, and other ministries and the investor’s members. In addition the lawyers were solving various legal issues relating to the legislation on PSAs, the use of mineral resources, environmental protection, and others. Our lawyers also developed amendments to the inter-governmental Agreement between the Russian Federation and Kazakhstan. This PSA was only the fourth in Russia. For this project, Pepeliaev Group won the 'European Tax Transaction of the Year in the Energy Sector' category at the ITR European Tax Awards.

Using employee inventions Advised major companies in the oil & gas and metal industries on various patent matters including using inventions created by employees (authors) when performing their employment duties or a specific task set by the employer (employee inventions).
Other projects