Our Mission

LEGALTEK has been providing legal services since 2006. During our activity we have accumulated considerable experience in various areas of law, including legal support of commercial organizations of various types of activity.

The cost of the minimum subscription package indicated below is 150,000.00 rubles per month. The specified cost of the minimum subscription package is calculated on the basis of the minimum amount of possible costs of your organization for one specialist in the field of law (average qualification), which, approximately, in the aggregate amount to about 216,000 rubles per month (120,000 rubles - salary (in hand), +13% (personal income tax), + 33% (funds), + 24% (costs of maintenance of the workplace), + 10% (costs of labor registration, the risk of temporary disability and labor disputes).

Thus, provided that the qualification of LEGALTEK lawyers providing legal services significantly exceeds the average level, and the cost of legal support of your organization by LEGALTEK is 30% lower than the minimum possible costs of maintaining one in-house lawyer, the specified minimum amount of remuneration seems to be quite fair.

The composition of the minimum LEGALTEK's subscription package:

1. Support of the Customer's contractual activity (no more than 2 new contracts per week):
   • superficial check of legal entities - counterparties (manifestation of "due diligence when choosing a counterparty") to avoid tax risks and risks of non-payment for goods and services (not more than 2 working days from the date of submission of the request);
   • agreement of contract terms with the Customer's counterparties, including by phone, by electronic means of communication, by negotiations with the Customer's counterparties. (The term of making changes to the agreed contract on the part of the Contractor is not more than 2 working days from the date of submission of the request);
   • development of standard agreements on the main directions of the Customer's economic activity (not more than 5 working days from the date of submission of the request);
   • drawing up and sending claims, complaints, pre-trial claims and other documents (not more than 2 working days from the date of submission of the request);
2. Consultations in the following areas of law (not more than 5 consultations per month):
   • tax law;
   • antimonopoly law;
   • copyright and patent law;
   • labor law;
   • currency law;
   • law in the field of communications and telecommunication services.

Also, you can include the following services in your subscription package:

3. Legal support of labor registration and corporate activities of the Customer (no more than 2 documents per week):
   • registration of corporate procedures, minutes of general meetings of shareholders, directors and other bodies of the Customer (not more than 3 working days from the date of submission of the request);
   • support of labor registration of the Customer: formation of regulations, orders, standard employment contracts, agreements on full material responsibility and other documents (not more than 2 working days from the date of submission of the request);
4. Preparation, execution and support of state registration of any changes to the Unified State Register of Legal Entities in respect of the Customer's legal entity (not more than 2 changes per month):
   • preparation of the text and content of the documents required for registration of the relevant changes (not more than 3 working days from the date of submission of the request);
   • representation of the applicant, when notarizing the required documents;
   • representation of the applicant at the registration authority when submitting documents;
   • receipt from the registration authority and transfer to the Customer of documents on registration of the relevant changes (not more than 8 working days from the date of submission of documents to the registration authority);
5. Representation of the Customer's interests in administrative and tax authorities (not more than 3 actions per month):
   • preperation of letters, complaints and responses to requests of state authorities (not more than 3 working days from the date of submission of the request);
   • appealing decisions, actions or omissions of state authorities in administrative procedure;
6. Protection of the Customer's interests in arbitration courts and courts of general jurisdiction, as well as support of enforcement proceedings (not more than 1 new case per month):
   • representation of the Customer's interests in magistrate and district courts of general jurisdiction of Moscow and Moscow Region, Moscow Regional Court, Moscow City Court, Moscow Arbitration Court, Moscow Region Arbitration Court, Ninth and Tenth Courts of Appeal, Federal Arbitration Court of Moscow District, Supreme Court of the Russian Federation;
   • drafting of statements of claim, responses to statements of claim, appeals, as well as all other types of court documents (not more than 5 working days from the date of application and receipt of all necessary documents and information);
   • support of enforcement proceedings until the actual execution of the debtor of the court decision, interaction with territorial departments of the Federal Bailiff Service in the territory of Moscow, and the Moscow Region.

Contact us! We will be glad to be useful to you!

Not every dispute can be resolved through negotiations. When the parties run out of arguments in a dispute and it becomes clear that consensus is impossible, the only way to resolve the dispute is court proceedings. The law establishes a special procedure for applying to the court, the violation of which may serve as grounds for leaving a statement of claim without action or return the statement of claim to the applicant. It is very important, along with compliance with the pre-trial procedure for dispute resolution, in cases where it is required by law, to correctly formulate the subject matter of the statement of claim, possibly breaking it into several statements of claim, thereby minimizing the risk of rejection of the claim.

If the party to the dispute is a public authority or public institution, in order to avoid rejection of the claim, it is important to correctly specify the defendants and interested parties who do not assert independent claims on the subject of the dispute.

LEGALTEK will help you to draw up a statement of claim, will represent your interests in court, in case the court makes a decision not satisfactory to you, will appeal it to the last instance. LEGALTEK specialists have considerable experience in litigation, in addition, with LEGALTEK work experienced lawyers who, if necessary, will provide you with qualified legal assistance in a legal dispute of any nature.

Basic services in this area are:

• analysis of documents related to the disputable situation, development of a position of protection of your interests;
• organization of pre-trial dispute resolution procedure;
• drafting and filing a statement of claim to the appropriate court, in accordance with the rules of jurisdiction established by the current legislation (drafting a response to the statement of claim);
• representation of your interests in court of any instance;
• obtaining court decisions and writs of execution;
• collection of funds under the writ of execution in credit organizations of the debtor without recourse to the Bailiff Service;
• support of enforcement proceedings in territorial departments of the Federal Service of Bailiff Executors;
• support of foreclosure on the debtor's property;
• initiation of bankruptcy of the debtor;
• support of bankruptcy proceedings, interaction with the insolvency administrator;
• inclusion of claims in the register of creditors' claims;
• ensuring transfer of property to the customer in case of foreclosure on such property;
• extrajudicial and judicial foreclosure of collateral;

Drawing up and negotiating contracts. The economic activity of any commercial organization does not do without contracts. By virtue of the norms of the Civil Law, contracts between legal entities are concluded in writing. The contract is the main document establishing relations between the parties to the transaction, therefore, when agreeing or drafting a contract, it is necessary to balance the interests of each party, to fairly distribute the risks. In case of disputes in the process of execution of any contract, the clear wording of the terms of the contract plays a big role in their resolution, especially when it comes to legal disputes. When drafting or negotiating contracts, it is important to use not only the norms of substantive law, but also to preliminarily analyze the established in the relevant area of economic relations, judicial practice. LEGALTEK specialists have extensive experience in drafting and negotiating commercial contracts. If necessary, LEGALTEK will help you to draw up any contract or make changes to the agreed contract, minimizing your legal risks in its execution, as well as, in the future, to agree such a contract with your counterparty in any way convenient for you or your counterparty: by phone, e-mail or in person.

Basic services in this area are:

• analyzing the customer's commercial activities in order to identify legal risks associated with the execution of commercial contracts;
• creation of a standard (framework) contract on the main type of the customer's activity;
• harmonization of the created standard contract with the customer's counterparties;
• in case of agreement of the contract proposed by the customer's counterparty — making changes to the contract, reducing the risk of adverse legal consequences for the customer;
• negotiations with the counterparty to agree on the amended terms of the contract;
• in case of agreement of an existing contract - preliminary legal audit of the counterparty for the actual business activity (request for relevant documents);
• analysis and finalization of the customer's existing contracts;
• legal audit, systematization and storage of customer contracts;

Corporate law is commonly referred to as a set of legislative norms regulating the relations of the owners of the company among themselves, as well as between the owners of the company and its management, which performs executive functions.

This area of law is formed by a number of so-called special federal laws, such as the Federal Law "On Limited Liability Companies", the Federal Law "On Joint Stock Companies" and others.

At the same time, the basic principles of corporate law are established by the Civil Code of the Russian Federation.

Basic services in this area are:

• preparation of holding general meetings of members, shareholders, directors;
• organization of meetings of meetings, shareholders, directors, including with the participation of a notary having a registrar's license;
• formation of minutes and resolutions;
• drafting articles of association, amending the articles of association and registering them in accordance with the procedure established by law;
• protection of minority shareholders' rights;
• participation in general meetings of members and shareholders;
• appealing against management actions violating the rights of members (shareholders);
• drafting corporate agreements: an agreement on the exercise of rights by members (in limited liability companies) or a shareholders' agreement (in joint stock companies);
• resolving corporate disputes;

Antimonopoly law in Russia has a rather complex structure. Often companies, in the course of their business activities, are not even aware of violations of antimonopoly law, while fines for violations of antimonopoly regulations may cause serious damage to the company.

According to the Federal Law of the Russian Federation "On Protection of Competition", virtually any transactions with stakes, shares, property or rights in respect of commercial organizations are made with the prior consent of the antimonopoly authority if the total value of assets on the last balance sheets of the person acquiring shares (stakes), rights and/or property and its group of persons and the person whose shares (stakes) and/or property and/or rights in respect of which are acquired and its group of persons exceeds seven billion rubles or if their total proceeds from the sale of goods for the last calendar year exceeds ten billion rubles and the total value of assets on the last balance sheet of the person whose shares (stakes) and/or property and/or rights in respect of which are acquired, and its group of persons exceeds two hundred fifty million rubles or if one of these persons is included in the register.

The very concept of "group of persons" is defined very broadly in the legislation, therefore, to avoid large fines, LEGALTEK recommends to consult our specialist before concluding any transactions with shares, stocks, property or rights in relation to commercial and financial organizations.

In addition, the Federal Antimonopoly Service is responsible for controlling the processes in the field of public procurement (44-FZ, 223-FZ, 94-FZ). We will provide you with legal assistance in drawing up the necessary documents in this area or appealing against bidding procedures conducted in violation of the law.

Basic services in this area are:

• analyzing the documents of the customer, identifying groups of persons of the parties to the transaction;
• drawing up a list of persons belonging to the same group in the form provided for by the administrative regulations of the FAS, forming a conclusion on the need for notification or approval of the transaction, or the absence of such a need;
• preparation of a set of documents to be submitted to the antimonopoly authority;
• submission of the application or notification to the antimonopoly authority with the set of documents;
• receipt of the antimonopoly authority's opinion or decision based on the results of consideration of the application or notification;
• appealing decisions or opinions of the antimonopoly authority in administrative and judicial proceedings;
• appealing against resolutions on imposing liability for violation of antimonopoly law;
• drafting, filing and support of complaints on violation of antimonopoly law;

Bankruptcy is a financial condition in which a person or organization is unable to pay its debts. The instability of the capitalist financial system, as well as external economic factors often lead to the fact that bankruptcy becomes a widespread phenomenon. At the same time, the existence of disparate regulations in this area and divergent court practices make the bankruptcy process long, unmanageable and inefficient, and bankruptcy can often be a field for fraud. Therefore, bankruptcy should be entrusted only to proven specialists — professionals in their field, who have significant experience in bankruptcy litigation and practice of interaction with persons involved in the bankruptcy case.

In the process of bankruptcy, control over the actions of the management of the enterprise (supervision) and then the full management of the enterprise (bankruptcy proceedings) is transferred to special entities - insolvency administrators who are members of certain self-regulatory organizations. One of the most important factors in the legal support of bankruptcy proceedings is control over the actions of insolvency administrators, preventing their inaction, appealing against their actions. In addition, control over the beginning of bankruptcy proceedings is of great importance. Depending on who exactly (debtor or creditor) will initiate bankruptcy proceedings, the procedure for appointment of an insolvency administrator differs. In general, the bankruptcy procedure has a lot of nuances, knowledge of which allows you to direct this procedure in the desired direction of the interested party.

In accordance with Article 3 of the Federal Law dated 26.10.2002 No. 127-FZ "On Insolvency (Bankruptcy)", a legal entity is considered unable to meet the requirements of creditors on monetary obligations and (or) fulfill the obligation to pay mandatory payments, if the relevant obligations and (or) obligation is not fulfilled by it within three months from the date when they should have been fulfilled.

Basic services in this area are:

• bankruptcy support at any stage;
• filing a petition to declare a debtor bankrupt;
• accelerated bankruptcy in liquidation at the debtor's request;
• inclusion of claims in the register of creditors' claims;
• appealing against actions (inaction) of an insolvency administrator;
• calculation of bankruptcy scenarios (calculation of cash flow when distributing the bankrupt's estate);
• representing creditor's interests in bankruptcy;
• securing the interests of a charge lender;
• development of a settlement agreement;
• support of participation in auctions and public offerings;

Protection of intellectual property is one of the main priorities in commercial activities. It is not only about protecting a trademark, slogan, commercial designation, invention or industrial design, but also about creating or debugging the mechanism of transferring exclusive rights to a work for hire from an employee to an employer, from the author of the work (programmer or designer) to a customer. The Fourth Part of the Civil Code defined one of the principles of copyright as the vice of gratuitous alienation of the exclusive right by the author. In addition, any works, programs, performances in case of their distribution must contain an indication of their author.

The sphere of information technologies (IT) is currently developing rapidly. The number of companies operating in this area is steadily growing. At the same time, legal regulation in the field of information technologies is not sufficiently developed, and therefore, companies operating in the IT sphere are often exposed to legal risks.

Software is a relatively new object of legal regulation. Conventionally, software can be divided into three main components that are important for its legal regulation.

The first component is the initial program code, which ensures the operation of a computer program, written in any programming language and representing a sequence of symbols and commands. This sequence is unique in any software created for the first time.

The second component is the function of the software, i.e. the principle of its operation in various environments, shells and operating systems, as well as the area, scope and conditions of its use by the target user.

The third component is the audio-visual display of the software, its design, visualization of the displayed processes and the like. All three components mentioned above, in aggregate and each separately, are the object of civil rights, i.e. the subject of legal regulation. At present, the legislation in the field of information technologies is only beginning to be formed, however, at the moment there are already legal tools that allow for the registration and protection of rights to software.

Particular attention should be paid to the formalization of software rights when software is created to order. Often such economic relations with the customer are formalized in the form of a contract. Contracting is a rather complex legal construction, with many nuances that must be correctly formulated in such a contract in order not to violate the balance of interests of each party. In particular, the current legislation establishes that, unless other conditions are specified in the contract for the creation of software, the exclusive rights to such software, that is, the exclusive rights to all three of its components mentioned above, from the moment of creation belong to the customer. If the contract is approved on such terms, the development company will not be able to develop similar programs for other customers in the future, while the customer, to whom the exclusive right to such software has been transferred, will be free to sell it to third parties, finalizing it for each specific case by its own forces or by the forces of another IT-company. In some cases, the fairness and economic justification of such a principle of operation may be questioned. Perhaps in such a situation it would be optimal to transfer to the customer only the rights to use the specified software on the terms of a simple or exclusive license. Besides, an innovation of the fourth part of the RF Civil Code was the definition of the principle of joint ownership of exclusive rights. In case such a principle is implemented in the contract, due to the limited legal regulation, it is necessary to describe in great detail the procedure for the parties to exercise their rights.

One of the main problems of legal regulation of the sphere of information technologies is the protection of software rights. Especially this problem concerns the main component of software - program code. The complexity of determining the criterion of uniqueness of program code makes this problem one of the most urgent. Making changes to the program code, its revision, adaptation to other operating environments can already be considered as creation of new software, which in fact is a violation of exclusive rights of the right holder. One of the main legal tools of rights protection, in this case, may be the registration of software with the authorized authority. At the moment, the legislation establishes a voluntary procedure for software registration, although in the future, perhaps, a mandatory registration procedure may be established for certain types of computer programs. In any case, the registration of rights to software is currently one of the main legal mechanisms ensuring the protection of legal rights to it.

In practice, very often disputes arise in connection with the fact that the customer demands to improve or change the finished software, referring to the fact that the result of the work performed by the developer does not suit him, and the development company refuses to perform improvements without extra payment, which, of course, will require extra time and financial costs. Therefore, before the beginning of software development, it is necessary to form the terms of reference for its development, describing in as much detail as possible in such a task the result desired by the customer. However, the development of the terms of reference, due to the complexity of the development result, also requires from the development company significant time and labor costs. In this regard, in order to form the terms of reference, it is also necessary to establish the order of performance and payment by the customer for such work. In addition to the above, there are many nuances that must be specified in the contract in order to ensure compliance with the rights and fulfillment of obligations of each party.

Currently, the practice of resolving disputes related to intellectual property is only beginning to take shape. However, we can already say that the most of companies and entrepreneurs, not paying due attention to the legal registration of this sphere, make a big mistake. Qualified specialists of LEGALTEK, who have extensive experience in working with intellectual property rights, will help you to form an optimal system of protection of your intellectual property.

Basic services in this area are:

• registration of trademark, commercial designation, slogan in accordance with Russian legislation, as well as, if necessary, international protection in accordance with international conventions;
• development, negotiation and registration of license agreements;
• registration of inventions, industrial designs and utility models;
• software registration;
• development of employment contracts with employees, in the course of performing their labor duties, who create works for hire;
• legal audit of intellectual property protection of the organization;
• development and negotiation of agreements on alienation of exclusive rights;
• execution of rights related to copyright, negotiation of agreements with performers, organizers and authors of complex works;
• legal audit of current standard contracts to ensure that the transfer of software rights is properly formalized;
• creation of standard contracts for software development;
• development and negotiation of agreements on transfer of rights to use software under simple and exclusive licenses;
• development and negotiation of agreements on the transfer of exclusive rights to software;
• development and negotiation of agreements on joint ownership of exclusive rights to software;

Creating a new business, whether you are a foreign investor or a first time entrepreneur, is a responsible step that requires a lot of effort at the initial stage, as well as a careful study of many nuances. Before starting business activities, it is necessary to clearly present all business processes, take into account and minimize all possible financial and legal risks. One of the main functions of the law in a democratic state is its availability to all citizens of such a state. However, modern Russian legislation, in particular legislation regulating commercial activities, is a rather complex and often unconsolidated system of laws, by-laws and local acts.

In such a situation, without special professional training, it is difficult to understand the order of implementation of many processes associated with business activities, and the law provides for serious liability for violation of such order.

LEGALTEK recommends that before registering a legal entity or registering you as an individual entrepreneur, you consult with a specialist to determine the most optimal taxation regime, the order of investment of funds for the primary needs of the business, the system of financial flows, the structure of assets of the future business, staff structure, the order of interaction with consumers and counterparties, as well as many other important points. Proper execution of these processes will help you and your business in the future to avoid many possible risks, will make your business attractive and flexible for investment and attraction of additional financing, will save you time, energy and money.

If several investors invest in the business to be established, it is important to determine the procedure for interaction between such investors before establishing a legal entity. The law provides for the possibility of establishing a special procedure for investors to exercise their rights by an agreement between them. In most cases, the absence of such an agreement negatively affects the protection of the rights of each investor. An agreement between investors is a convenient legal tool to secure the rights and obligations of each investor exactly in the order in which the investors agreed to act when establishing the organization.

Basic services in this area are:

• legal support of foreign business in Russia;
• preliminary legal examination of the investment project, potential counterparties;
• development of an investment scheme;
• legal support of the process of "entry" into the invested enterprise;
• control of the investment project realization;
• selection of the optimal taxation regime;
• development of legal tax optimization schemes;
• determination of the most optimal investment procedure;
• development of agreements between investors (members, shakeholders, shareholders);
• development of agreements on company establishment;
• developing an optimal structure of the company's assets to ensure their safety;
• consulting on the primary staff structure and labor registration of the employee;
• determining the optimal procedure for implementing and formalizing the company's business processes;
• development of standard (framework) agreements with potential counterparties;
• analyzing the process of company establisment from the point of view of antimonopoly law;
• registration of a legal entity;
• confirmation of the legal address;
• registration of licenses (permits) required for the company's activities;

Foreign economic activity of economic entities, in particular the movement of goods and services across the customs border of Russia, is regulated in detail by legislation. Throughout the entire period of formation of customs law and the practice of customs clearance in Russia, the following trends can be traced: strengthening of customs control, complication of customs procedures, increasing use of administrative sanctions by customs authorities and bringing participants of foreign economic activity to administrative liability.

However, there are also positive trends: simplification of customs clearance when crossing the border with many CIS countries, creation of customs and confederal unions with the nearest neighbors.

Foreign economic activity is associated with many legal risks. One example is the risk of improper declaration: in case you are going to transport goods across the border, and the customs practice of goods clearance is not clearly formed, there is a risk of non-compliance of the nomenclature specified by you in the declaration with the nomenclature assigned by the customs authority within its authority on the basis of expertise. In case the customs duty corresponding to the nomenclature specified by you in the declaration is lower than the customs duty corresponding to the nomenclature assigned by the customs authority, and the volume of goods is great, there is a risk of bringing both to administrative and criminal liability. Therefore, in such cases, LEGALTEK recommends obtaining a preliminary decision of the customs authority on the classification of goods, or use the services of an experienced customs broker. LEGALTEK's specialists have considerable experience in solving legal issues related to customs clearance, both in Russia and CIS countries, as well as related to foreign economic activity. If necessary, LEGALTEK will represent your interests in disputes related to customs clearance in court both in Russia and CIS countries.

Basic services in this area are:

• execution of preliminary decision on classification of goods in the customs authority;
• appealing against the decision of the customs authority on the classification of goods;
• appealing against actions (decisions) of customs authorities;
• representation in courts on cases of bringing to administrative and criminal liability in connection with violation of customs legislation in Russia and the Republic of Belarus;
• registration of introduction of new classification codes according to the Unified Commodity Nomenclature of Foreign Economic Activities, establishment and change of customs duty rates;
• legal support of refund of overpaid or recovered customs payments and VAT refund (in case of export);
• drafting of contracts for the provision of services of a customs broker, carrier, as well as storage of goods in a customs temporary storage warehouse (TSW);
• registration of inclusion of intellectual property objects (trademarks) in the Customs Register and protection of the rights holder's interests in case of detection of counterfeit goods;
• development of an optimal scheme of classification, certification and customs clearance of goods and/or their individual components;
• drafting and negotiating foreign trade agreements;

Mediation is a special type of negotiation in which a neutral mediator helps the parties to a conflict find a mutually beneficial solution. The main principles of mediation are:

• Voluntariness of participation. Everyone, including the mediator, takes part in the negotiations only voluntarily, they have the right to stop the procedure at any time.
• Neutrality of the mediator. The mediator is interested in helping the parties to reach a settlement, but has no preferences or substantive interests "inside" the conflict.
• Equility of the parties. Both parties (or all parties if there are more than two) have an equal right to present their point of view, to discuss the problem, their interests, goals, values, emotions and concerns.

Mediation can be conducted both in pre-trial and trial proceedings. It is used to settle civil law disputes, including those related to entrepreneurial and other economic activities, family and labor disputes. The exception is collective labor disputes and disputes affecting the rights of third parties or public interests.

Basic services in this area are:

• representation of interests in business project, negotiation, pre-trial, litigation;
• lobby your interests in the framework of an executed contract, partnership agreement, division of property or allocation of a share "in kind";
• defend your interests in negotiations with partners, counterparties, collectors, intermediaries and state authorities at any stage;
• build a strategy of comfortable negotiations and establish contact between opponents for a peaceful settlement of the issue;
• develop a successful defense strategy and represent your interests in magistrate’s, mediation, arbitration, civil, criminal court, cassation and appeal instances;
• transfer negative communication to ourselves to ensure the desired result and preserve your peace of mind;
• anti-raiding and emergency resolution of conflict situations;
• working out the legitimacy of new business project strategies and full legal support;
• react and resolve the conflict situation in an emergency manner;
• create a set of measures and protect you and your business from aggressive takeover of your assets;
• help in establishing inheritance rights at the opening of inheritance;
• protect your interests in court and help you get out of law enforcement traps;
• represent your interests in divorce proceedings;
• help in resolving labor disputes and cases of administrative offenses;
• apply mediation in resolving business problems, family and corporate disputes, and interaction with authorities, law enforcement agencies and courts;
• give maximum publicity through mass media and other information channels to your business project, commercial transaction, conflict situation and any other significant actions and events to achieve the desired result.