LAND, REAL ESTATE, CONSTRUCTION

LAND, REAL ESTATE, CONSTRUCTION


The practice is recognized among the ratings:

The practice is recognized among the ratings:

  • KOMMERSANT 2022
    #12 in the legal market: construction and real estate: resolving key disputes in the industry
  • BEST LAWYERS 2021
    Personal rating in "Construction law": Kirill Berkovsky
    Personal rating in "Real estate law": Victoria Smirnova

Representative experience

Representative experience


  • Client: real estate development company.
    Representation of a competitive creditor in bankruptcy cases. the cost of the project is based on the total size of the debtors' creditors' register - 59 billion rubles, since the interest of the client is to include his claims and not to include the claims of other creditors, as well as to ensure the interests of the client in the course of bankruptcy proceedings.
  • Client: a real estate development company.
    Representation of a competitive creditor in bankruptcy cases. the total amount of claims is over 26 billion rubles. The goal of the project was to distribute the debtor's assets fairly and to satisfy the represented creditor's claim to the fullest extent possible.
  • Client: investment company.
    Legal support of an investment company in a bankruptcy case of a well-known real estate developer. Aggregate amount of claims: RUB 43 bln.

  • Comprehensive representation of one of the largest Moscow developers in a number of lawsuits against the Moscow city government and the Russian federation in relation to several land plots located in Moscow with a total value of more than 30 billion rubles.
  • Client: a real estate development company.
    Bankruptcy of a major real estate development company. Size of the claims: RUB 21 billion. Result: the debtor was declared bankrupt under the simplified liquidated debtor procedure. the claims of bondholders other than a major bank were included in the register of creditors' claims.
  • The experts of the Firm were one of the first who started to form a successful law enforcement practice in cases involving challenging the results of determination the cadastral value of real estate objects, which amount is taken into account when an organization pays property tax. For example, as a result of a court dispute with the Cadastral Chamber and Rosreestr we managed to reduce the tax base for property tax to the amount of 5 billion rubles for our Principal, the owner of one of the largest shopping centers in Moscow.
  • Client: a real estate development company.
    Representing a client (a real estate development company), which is a bond emitter for over 16 billion rubles, in a dispute related to the restructuring of a bonded loan. The case was won.
  • Representing a management company with assets of over RUB 3 billion in a debt restructuring transaction for the largest closed-end real estate fund in Russia.
  • Representing a leading European developer in a general contractor bankruptcy case with total claims of approximately RUB 1 billion.
  • Representing a major Russian real estate developer in the ongoing construction of Olympic facilities in Sochi.
  • A dispute in the interests of a real estate development company regarding recovery of unjust enrichment of the developer and breach of obligations to transfer parking lots under investment agreements and CDA. In particular, the dispute involved the recovery of unjust enrichment, as well as parking spaces and garage boxes, non-residential premises with a total area of 7,000 sq.m. on Rublevskoye Highway. Amount in dispute: RUB 0.6 bln.
  • Advising one of the leading European developers on the risks associated with the financing of a large shopping and entertainment complex in Moscow. As part of the analysis, the experts of the Firm proposed measures that minimized the Client's risks by more than RUB 0.5 billion.
  • Representing a major developer in a dispute with PJSC MOESK over agreementless consumption, two disputes totaling RUB 1.58 billion. MOESK's claims are based on the client's agreementless consumption of electricity. The main problem is that the unjust enrichment recovered by MOESK exceeds the actual amount of electricity consumed by more than 61 times (at the same time, the electricity consumed was paid in full by the client).
  • Representing a beneficiary of a major agricultural holding in a dispute with the Federal State Unitary Enterprise and the Russian Academy of Agricultural Sciences over the right of permanent (perpetual) use of a land plot with a total area of about 5,000 hectares. Despite the fact that commercial organizations cannot formally possess the right of permanent (perpetual) use of a land plot, in the course of the court proceedings, taking into account all the circumstances of the case, the court sided with our Client.
  • Representing the interests of a developer in a bankruptcy case. While considering the claims of creditors - individuals (shareholders), having successfully challenged 250 court rulings, we managed to form a judicial practice (in relation to the bankruptcy of developers), which allowed to calculate the term for filing an application for inclusion in the register of claims to transfer residential premises not from the date of publication of the notice in Kommersant, but from the date of receipt of the creditor's notice of the introduction of the supervision procedure, thereby allowing individuals participating in shared construction to take part in the first meeting of the developer’s creditors and determine the future fate of the debtor.
  • Representing one of the largest engineering, procurement and construction (EPC) companies for oil and gas companies in Russia and the CIS in a dispute with the largest shipbuilding company in the Astrakhan region over a debt for the construction of a platform for an oil field in the Caspian Sea.
  • Representing a Russian developer in debt collection defense in international commercial arbitration in Stockholm, BVI court, with elements of a dispute in the Republic of Vietnam and the Russian Federation.
  • Representing one of the largest international developers in a dispute over interim measures in support of the International Commercial Arbitration in London.
  • Representing a major land plot owner in the Moscow region regarding recognition of rights to lands obtained as a result of privatization.
  • Representing land plot developers regarding land tax rates in the Supreme Court of the Russian Federation.
  • Advising one of the largest private Russian financial and industrial groups on the acquisition of property rights to several residential buildings in the center of Moscow as a result of privatization.
  • Representing the interests of LLC participants, owners of real estate in Moscow, in a dispute over payment of the actual value of their shares.
  • Representing the interests of an international holding company realizing a chemical industry complex construction project in Russia before the ICAC at the Chamber of Commerce and Industry of the Russian Federation. The amount of claims totaled approximately RUB 0.2 billion.

Key Contacts

Key Contacts

  • Mr. Sergey Kovalev
    Managing Partner, PhD in Law, Attorney-at-law

    Sergey is a recognized practitioner with vast experience in the areas of dispute resolution, bankruptcy and distressed assets recovery in Russia.
    s.kovalev@ktaplaw.ru
    CV
  • Mr. Dmitry Tugushi
    Senior Partner, Attorney-at-law

    Dmitry has more than 20 years of experience in dispute resolution focusing on complex corporate disputes and construction disputes.

    d.tugushi@ktaplaw.ru
    CV