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Administrative law defence of business

Administrative law defence of business

Someone's sitting in the shade today because someone planted a tree a long time ago
Warren Buffett 

The current realities dictate that, when regulatory authorities keep a close eye on the activity of the private sector, administrative law defence of business is an integral element of any flourishing business.

Pepeliaev Group’s lawyers are ready to provide legal support at all stages of business: to assess and eliminate risks when you start to implement your business objectives, to effectively develop the policy according to which your company will be dealing with state authorities throughout the entire period during which the company is active, and to resolve a conflict that has already originated with a state authority with the minimum losses for the company.

The lawyers of our administrative law defence practice have, since 2009, successfully completed more than 1100 projects and won more than 150 cases concerning administrative offences.

Our lawyers have participated in developing drafts of key statutory and regulatory documents that govern the relationships between business and state authorities, including the Code of Administrative Offences and the Russian Code of Administrative Court Procedure. They have also worked on drafts of Resolutions of the plenums of the Russian Supreme Court with regard to the application of these resolutions.

Dealing with state authorities

In disputes with state authorities, we obtain a favourable outcome in 85% of cases.
  • Conducting an expert review of actions and decisions of state authorities
  • Devising ways to defend the client against unlawful claims from executive and local authorities
  • Preparing for state supervisory measures (inspections), providing support during inspections and working with the results of measures that have been conducted
  • Defending clients in litigation concerning administrative offences
  • Assessing administrative law risks when business projects and transactions are implemented

Advice on administrative law issues, including within the framework of investment projects

From 2009 we have successfully completed more than 1,000 advisory projects that related to dealing with administrative authorities in the following areas:
  • Technical and industry-based regulation
  • Production of and trade in ethyl alcohol, alcoholic beverages and products containing alcohol
  • Regulation of trading activities
  • Advertising regulation
  • Antimonopoly regulation
  • Protection of confidential information
  • The procedure of state and municipal management and control
  • The securities market
  • Banking and cash register transactions
  • Foreign currency regulation and control
  • Taxes and levies
  • Defending business entities against groundless consumer claims
  • Ensuring the sanitary and epidemiological safety of citizens
  • Environmental protection and management
  • The operation of hazardous production facilities
  • Labour and OHS
  • Migration
We keep our fingers on the pulse, and are ready to provide you with advice on those questions that arise in connection with changes in legislation and in court or administrative decisions, for example:
  • Analysing risks of distributors and searching for solutions to problems arising in connection with the suspension of the import of products manufactured in Ukraine for failing to comply with mandatory standards of the Federal Service for Supervision over Consumer Rights Protection and Human Welfare
  • Advising on whether products meet the new requirements of the Technical Regulations of the Customs Union
Our lawyers will advise you on issues that lie at the intersection of more than one science:
  • Checking whether products carry risks relating to the need to obtain permissions
  • Drafting legal documents in related areas of law (protecting personal data, online lending and others).

Obtaining licences and other permissions and having them reissued

We have a record of obtaining documents and having them reissued in 100% of cases when PG’s lawyers are involved
  • Providing integrated legal support in obtaining permissions to perform different types of activity
  • Obtaining licences for the technical protection of confidential information (the Federal Service for Technical and Export Control is of the opinion that such licences are needed to conduct business) using the optimal model that we have developed.
  • Assisting in obtaining licences for the import and sale of all kinds of products (including alcohol products) in Russia

Legislative drafting, acting as an expert and information services

  • Starting from 2013 our lawyers have authored more than 50 publications and comments for the press.
  • Analysing legislation and developing draft laws with a view to the most important areas of activity being properly regulated (holding sport events, developing subsoil mineral resources on the continental shelf, and others)
  • Preparing periodic reviews of legislation with detailed comments and practical advice regarding the application of new amendments
  • Drafting information letters (alerts), comments for the press, articles and collected materials on problematic issues, topical changes in legislation and law enforcement practice in the area of the state regulation of business activity.

Projects

Technical regulation Working together with the client Pepeliaev Group’s experts identified that the client’s products were at variance with technical regulations. They developed a procedure for eliminating the probable negative implications of launching several lots of such products on the market. This arrangement was in line with both the business interests, as well as Russian legislation.
Pepeliaev Group’s lawyers have alerted their client of the risks pertaining to the obligation to include overburden dumps in the State Register of Waste Disposal Facilities Our lawyers have prepared a legal opinion for a large mining company in Novosibirsk Region regarding the ‘legalisation’ of overburden dumps.
Pepeliaev Group’s lawyers have prepared a legal opinion for a large mining company in Novosibirsk Region regarding the ‘legalisation’ of overburden dumps by including them in the State Register of Waste Disposal Facilities. They have also worked out other options for managing mining waste which are acceptable in terms of current regulation.

There are a number of gaps and contradictions in the legal regulation of waste management. For instance, the Law on Production and Consumer Waste enshrines the principles for promoting the use of waste products, alongside the unified charge for storing and dumping waste where a person has no right to have the charge refunded after such waste has been used. Provisions regarding the best available technologies, which are predominantly set out in the national quality standards referred to in Russian as “GOSTs”, make it possible to use overburden (which is a natural soil) for reclamation or as raw materials and construction materials. Those documents, however, are not regulatory acts, nor are they treated as grounds for an exemption from waste disposal charges by the competent authority (i.e. the Federal Supervisory Natural Resources Management Service, abbreviated in Russian as “Rosprirodnadzor”). As a result, there are numerous bureaucratic hurdles involved in waste use, including in the form of demands that superfluous administrative procedures should be undergone (e.g. a state environmental expert review).

During the project, our lawyers have identified the legal implications of overburden dumps being recorded in the state register as waste disposal facilities and the risks of non-compliance with that obligation. They have also elaborated scenarios which the client can follow to defend its interests when decisions are issued which are inconsistent with well-established court and administrative practice involving the management of overburden waste.
Other projects