Maxim Koshkin is an attorney and the Head of our Criminal Law Defence of Business Practice. He specialises in tax law, criminal law and criminal procedure law and has extensive experience in providing legal defence and representing clients before law enforcement authorities at all stages of criminal proceedings.
Maxim has successfully represented and defended clients before law enforcement authorities during checks which were conducted as a part of investigations, audits of whether companies were complying with tax law, pre-investigation checks, during preliminary investigations when criminal cases were initiated, and when courts of general jurisdiction considered criminal cases. This also includes cases when legislation is applied concerning criminal liability being imposed in the area of economic activities. Maxim advises and provides legal protection to managers and founders as well as to employees of companies and organisations in respect of all issues relating to criminal prosecution. Maxim’s professional interests also include financial, customs, administrative, commercial, civil and land law.
He has been a member of the Moscow City Bar Association since 1988.
Drafted a legal opinion regarding the risks of criminal liability being imposed for a tax crime. The research involved identifying criminal law risks borne by company employees, and determining which persons might be held criminally liable. Maxim also provided suggestions as to minimising risks of personal liability.
Drafted by-laws for the Client on employee conduct during inspections performed by law enforcement, supervisory and regulatory authorities.
Challenged the conduct of a tax authority that submitted tax audit materials to the law enforcement authorities for a criminal case to be brought in violation of the procedure. This conduct was ruled unlawful and unjustified.
Developed a legal position in a criminal case brought against our Client (a large international logistics company) based on the materials from a tax audit. We drafted appeals against the decision to initiate a criminal case and filed them with the prosecutor’s office and in court. The court dismissed our appeal on the grounds that the person initiating the criminal case was unaware of the Client’s substantial tax overpayment. However, within a week after the court reviewed the appeal, the investigator issued a resolution terminating the criminal proceedings.
The Federal Chamber of Attorneys of the Russian Federation awarded Maxim an order "For Remaining Faithful to Attorney's Duty" (2012), medals "For Protecting Rights and Freedoms of Individuals" of the first (2012) and the second class (2004). In 2006 the Moscow City Chamber of Attorneys acknowledged him with a letter of commendation "For highly skilled professional activities and commitment to traditions of the Russian Bar".