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Head of Group, Administrative Law Defence of Business
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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

Working on the Code of Administrative Offences and on the Russian Administrative Court Procedure Code

Pepeliaev Group’s lawyers are permanently involved in drafting and amending the main codified regulatory acts which affect the interests of the business community, namely the Code of Administrative Offences and the Administrative Court Procedure Code. In addition, we work on draft resolutions of the Plenum of the Russian Supreme Court regarding the application of these acts.

Optimal solution Pepeliaev Group’s lawyers conducted an audit of a major pharmaceutical company to assess its compliance with the legislation on precursors of narcotic drugs and psychotropic substances.

Our lawyers identified violations and managed to eliminate the majority of them. State inspectors identified violations that had proved impossible to eliminate owing to the deadline for filing reports being missed. The client faced administrative liability but the actions of our lawyers meant that the administrative fine was minimal.

Other projects