Cases

Military Law

A service member has not been paid what is due

Situation. A service member notices that for several months he has not been credited with an additional allowance, or that his pay has been calculated at a lower rate. Raising the matter verbally with the commander changes nothing, and there is no explanation of how the amounts were calculated.

What the lawyer does

1. Analyses orders, certificates and payment statements to determine exactly which payments were not received and for what period.
2. Prepares an advocate’s request or a formal report to the military unit demanding the calculation and the underlying documents.
3. If the unit refuses or does not respond, prepares a claim to the administrative court with a calculation of the arrears.
4. Represents the client in court and monitors enforcement of the judgment if it is given in the client’s favour.

Military Law

A TCC has issued a fine

Situation. A man is summoned to a Territorial Recruitment Centre (TCC/ТЦК), where a report on a breach of military registration rules is drawn up, followed by a ruling imposing a fine. He believes he updated his details on time but does not know how to prove it or how much time he has to appeal.

What the lawyer does

1. Obtains copies of the report, the ruling and the case materials and checks whether the review procedure was followed.
2. Gathers evidence that military registration obligations were fulfilled: data from the Reserv+ app, certificates, correspondence.
3. Prepares a complaint to a higher authority or a claim to the administrative court within the appeal deadline.
4. Represents the client’s interests when the complaint or court case is heard.

Criminal Law

A search at the company’s office

Situation. Law enforcement officers arrive at an IT company’s office with a search warrant in criminal proceedings in which the company appears only as a counterparty of another firm. Employees do not know whether they may call their manager, and the investigators intend to seize laptops and servers.

What the lawyer does

1. Arrives on site or joins remotely and checks the investigating judge’s ruling: what exactly may be searched for and where.
2. Ensures the procedure is followed and records violations and objections in the search report.
3. Helps preserve access to the data the company needs to operate and secure a list of the seized property.
4. Prepares a motion for the return of seized items or challenges the asset freeze in court.

Criminal Law

Summoned for questioning in criminal proceedings

Situation. A person receives a summons to be questioned as a witness in a case connected with their former workplace. The summons does not make clear what exactly they will be asked about or whether they may later become a suspect.

What the lawyer does

1. Establishes the client’s procedural status and the subject of the criminal proceedings, as far as possible before the questioning.
2. Explains the witness’s rights, including the right not to testify against themselves or their close relatives.
3. Takes part in the questioning together with the client and makes sure the testimony is recorded accurately.
4. Assesses the risks after the questioning and, if necessary, prepares a further defence strategy.

Corporate Law

A co-founder leaves the project

Situation. Three partners set up an LLC (TOV) and split the shares equally without signing a shareholders’ agreement. A year later one of them stops working on the project but keeps a third of the company and voting rights, which blocks decisions and negotiations with an investor.

What the lawyer does

1. Analyses the charter, the members’ resolutions and any existing arrangements between the partners.
2. Proposes options: buying out the share, the member’s withdrawal from the company, changing the decision-making procedure.
3. Supports the negotiations and prepares the transaction documents and amendments to the charter.
4. Prepares a shareholders’ agreement for the remaining members so that the situation does not recur.

Corporate Law

An investor finds that code rights were not secured

Situation. A start-up is preparing for an investment round, and during due diligence the investor discovers that the product was written by developers working as sole proprietors (FOP) under contracts with no clause on the transfer of economic rights. The deal is put on hold until the company confirms that it owns the product.

What the lawyer does

1. Audits the contracts with developers and contractors and determines which rights have not passed to the company.
2. Prepares supplementary agreements and certificates transferring the economic rights to the code created.
3. Updates contract templates for new contractors and employees.
4. Prepares responses to the investor’s requests and supports the completion of due diligence.