Category: Services

Due to the situation in Ukraine, the below is out of date. If you have questions, please contact us.

ould you like to set up a company in Ukraïne? Our local lawyer in Ukraine can help you establish a company, and obtain a work permit for a foreign director. The most commonly used type of company is the  limited liability company (“товариство з обмеженою відповідальністю”).

We can also assist and advise you on outstanding claims, marriage and divorce issues and inheritance cases.

In Belarus (Wit-Rusland) we also have a good local lawyer. Vladimir knows Belarus legislation and is happy to  draft/review (sale) contracts, advise you on employment issues, obtain work permits or set up a company.

We have a lot of experience with debt collection claims in Russia. If your claims remain unpaid, please contact us as soon as possible. In consultation with you we propose measures that fit the circumstances. Sometimes the solution lies in a payment arrangement. In other cases we will need to clearly claim the  debtor’s  default. Our experience is that with formal letters and phone calls in our own language we can significantly increase the pressure.  But if necessary we will start a procedure in court. We will be pleased to discuss your situation.

Accounting and outsourcing

Do you need assistance in the area of bookkeeping and financial administration – please consider using the services of our business partner – LowLands.

Staff recruitment

If you are looking for a reliable recruitment partner that knows the specifics of recruiting Russian personnel and works by European standards, please visit our partner’s website – G-Nius.

Translations

We can also arrange for translations to / from Russian.

Juralink provides its clients with top-quality advice on following antitrust issues:

• General legal advice on application of Antitrust law and Advertisement law in Russia;
• Filing FAS notifications or obtaining of FAS approvals for purchase of shares in or assets and rights with respect to legal entities, as well as obtaining FAS approval for the reorganization and setting up of companies or joint ventures;
• Antitrust compliance analysis within the framework of M&A transactions and due diligence procedures;
• Antitrust compliance analysis for commercial agreements and policies.

Our practical advice takes into account economic aspects and provides creative solutions without compromising on legal standards. If your business requires guidance on Russian antitrust issues, it is better to consult with an expert before the matter will become critical or you will face a FAS audit and significant fines.

If your company or counterparty faces financial distress resulting in an insolvency procedure in Russia – the main thing that really matters is quick action. On the one hand you will need to protect your interest as a creditor throughout a bankruptcy procedure to minimize the economic loss or to obtain insurance coverage. On the other hand, you will need to reorganize your market approach and local office, to avoid that it becomes a burden for your foreign headquarters. Our experts are able to assist you on both. We may also guide you on through the myriad of opportunities and pitfalls that you face during a liquidation process. By virtue of our interdisciplinary approach we can counsel you on the best solution from a tax, employment and top-management liability perspective. We can guide you through an involvency procedure in Russia.

Commercial real estate issues in Russia may range from real estate transactions such as sale to property use such as lease.

Purchase and selling of real estate- industrial and agricultural complexes

We provide comprehensive advice on purchasing and selling of property by way of asset or share deals, as well as perform the requisite due diligence. Due to the lastest localization trend in Russia we are active in advising on complex issues related to acquisition/divestiture of agricultural and industrial real estate assets, as well as establishment of real estate joint ventures. Our specialists will help you maximize your returns and minimize your risks by identifying and creating the most appropriate deal structure and guide you on the tax efficient solutions and innovative financing methods.

Property lease of real estate

When it comes to the commercial use of real estate in Russia carefully drafted lease agreements can be crucial. Juralink has broad experience in drawing up such agreements for ground and office leases, sale-leaseback arrangements, subleases and more. We provide expert advice on all the relevant stages of the landlord and tenant relationship from the pre-agreement negotiation phase until the end of relationship and possible dispute resolution.

We provide support with customs issues in Russia for imports by foreign companies and their Russian subsidiaries. Juralink can service your needs in the following matters:

• Dispute resolution with customs authorities in Russia on adjustment of customs duties, classification of goods for tariff purposes and applicable VAT;
• Representation in litigation procedures in Russia arising from administrative liability for violation of customs regulations;
• Establishing a cooperation with the customs authorities in Russia to monitor the IPR infringements and import of counterfeit goods – record of IPR within the customs IP register;
• Support of import operations, logistic management, obtainment of applicable conformity certificates and quality declarations.

If you have questions about the legislation of the Netherlands or about applicability of Netherlands or foreign law, please contact our office in the Netherlands.

Marriages and divorces

Marriages and divorces between partners of Russian and Dutch nationality bring specific questions. A first issue often is to find out what law is applicable. Good cooperation between specialists in the Netherlands and Russia is crucial. Our lawyers in Russia are available for divorce proceedings, but in the Netherlands we do not represent parties in court.

Nationality and immigration to the Netherlands

There are specific rules and procedures for immigration to the Netherlands. You will find a lot of information on the website of the Netherlands immigration service. Nevertheless it is hard to find your way in the forest of forms and rules. We have experience with immigration law and are happy to help you. In complex cases we work together with specialized lawyers.

Labour disputes

For expats working in the Netherlands, a potential employment termination will have great impact. If such situation occurs you may find yourself at loss about all the regulations. We can clarify the rules and help you choose your best option, by means of advising you, negotiation on your behalf with employer or representing you (in court). It is particularly gratifying to help such unpleasant situations be resolved in (comparatively) positive manner.

We are available for short consultations, without further costs or obligations.

On 25 May 2018 the General Data Protection Regulation has taken effect in the Netherlands, It is an important step towards the unity of privacy legislation within all European member states. But the GDPR can reach even beyond the borders of the EU (plus some countries of the EEA). The GDPR applies to personal data of all citizens in the EU, even if these data are processed outside the EU.
For example, processing outside the EU takes place when you use Russian software developers who have access to data from EU citizens. Or when the payroll administration of your Dutch/European employees in Russia is done by a local Russian party. In that case, ambiguities and conflicts may arise between the Russian legislation and the requirements of the GDPR. In addition, the GDPR requires safeguards for transfer of data to foreign countries. Only in  countries designated by the European Commission protection of personal data is considered to be adequate. In other cases, the exporter of data and the importer/recipient abroad have to provide additional safeguards, according to model contracts or binding corporate rules established by the Commission or agreements approved by the supervisory authorities.

In short, a whole new area of ​​legislation, where practice that still has to take shape. We have specialists in our team, who can explain the similarities and differences between GDPR and Russian privacy legislation and help you provide adequate safeguards as required by GDPR.

Russian labour law offers protection to employees, and this results in a large number of mandatory rules and formalities. The first question is to determine when a relation may be considered an employment relation. The existence of an employment contract is not decisive in this respect, only the actual situation counts.

Would you like a quick consultation about a Russian employment issue? We may help you on any of the following:

• general Russian labour law advice, outsourcing, payroll and tax issues;
• drafting/reviewing of employment contracts, staff handbooks, advice on labor compliance,
• workforce structuring and outsourcing, redundancies,
• labor safety,
• litigation and dispute resolution,
• work permits and business immigration.

General employment advice

Juralink offers professional advice in the day to day management of local employees including standardization of client’s employment procedures or drafting an individual executive contract; developing staff handbooks, policies and incentive schemes; advising on dismissal strategies and conducting negotiation with employees in question enabling you to minimize financial consequences and/or to avoid the risk of litigation with this employee upon the termination of his/her employment contract.

Drafting/reviewing of labor contracts

We can prepare and review customized employment contracts, draft internal regulations and employment procedures or develop staff handbooks, policies and incentive schemes under Russian labour law.

Labour disputes
We can boast a considerable experience in settling labor disputes and pre-trial mediation of conflict, representing employees, CEO’s or senior management and defending our clients in the course of labor audits.

M&A employment issues in Russia
Would you like to know labor contingencies of a proposed company acquisition? Do you seek the most advantageous solutions for employee transfers in mergers, acquisitions, liquidations and post-merger reorganisations? Our attorneys can assist you with due diligence investigations and propose efficient schemes.

Labour safety
Companies involved in manufacturing, construction, or installation business may be considered hazardous environments for their employees. They need to apply strict safety regulations and obtain necessary certificates. Controls are being carried out regularly by local authorities, and fines can be serious. We recommend to avoid the risk of penalties and further scrutiny. This will certainly also benefit your position in any labor dispute. We will be pleased to provide guidance.

Business migration
Foreign specialists working in Russia will require visa and work permits. This also holds true for foreign managers, investors, entrepreneurs and their accompanying family members. We can help you understand options and provide support in the process of obtaining visas and work permits.

If you wish to recruit local personnel in Russia, please contact our partner Juralink G-nius.