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ENERGY (FUEL AND ENERGY SECTOR)

ENERGY (FUEL AND ENERGY SECTOR)

Historically, our law firm has been providing legal support for projects in the electric power and fuel industry; during this period, our lawyers gained significant experience in cooperation with more than 20 large fuel and energy companies. Lawyers have supported over 100 disputes and consulting projects. We have represented interests in courts at different levels in disputes with tax and anti-monopoly authorities, as well as with the Ministry of Finance of the Russian Federation, Mosenergosbyt PJSC, etc.
LAW FIRM TEAM
We are a team of 18 experienced lawyers and advocates with more than 5 years of experience in the fuel and energy sector.
Our Law firm's lawyers are speakers on fuel and energy topics:
• New rules on non-contractual consumption of electricity, a project of practicing expert lawyers, Lex Energetica online conference;
• Legal regulation of economic activities of oil and gas companies, Russian State University of Oil and Gas;
• Business management in Russia using companies registered in preferential tax zones, Wholesale Electricity Market Generation Company.
Managing Partner Sergey Kovalev is guiding the law firm; he has implemented over a hundred projects for 39 energy generating, sales, and distribution companies.
The partner of the law firm Sergey Kislov also has significant experience in the fuel and energy sector.
The leading advisor of the law firm Ksenia Stepanishcheva has unique experience in the industry, since she supported the preliminary approval by the Federal Antimonopoly Service of the Russian Federation of two transactions regarding the acquisition of shares and property of two large Russian oil and gas producing companies in Tyumen by the Russian division of Belorusneft, the largest state petrochemical company of Belarus. Also, Ksenia represented the interests of one of the major fuel and lubricant manufacturer, while expanding activities in new regions and provided (turnkey) legal support for the opening of representative offices in Turkey and Kazakhstan.
The law firm expert-lawyer Ilnar Abdulov is a speaker on the New Rules on Non-Contractual Consumption of Electric Energy, Resolution of the Government of the Russian Federation No. 403.

PRACTICE OF THE LAW FIRM'S LAWYERS

Representing the interests of Rosenergosbyt and Rosenergoresurs, the largest sales companies, as well as the largest aluminum manufacturers in a dispute on the issue of electricity supply points (last mile problem). The total claims amounted to more than RUB 5 bln.
Representing a major developer in a dispute with MOESK PJSC on non-contractual consumption within two claims totally amounting to RUB 1.58 bln.
The requirements of MOESK PJSC are stipulated by the client's non-contractual consumption of electricity. The key issue is that the unjustified enrichment claimed by MOESK PJSC exceeds the actual volume of consumed electric power by more than 61 times (that said, the customer has paid the consumed electricity in full).
The courts of three levels (including cassation) awarded RUB 0.5 bln. in favor of our client, a large energy production and distribution company in the Volga region of Russia, following the dispute with the tax authorities regarding the "write-off of penalties and fines for restructured tax amounts".
Representing the interests of Aeroflot PJSC in the Supreme Court of the Russian Federation in a dispute with MOESK on non-contractual consumption. Quantum: RUB 0.123 bln. The case was won in all courts and resulted in the development of the practice of the Supreme Court on non-contractual consumption. This project resulted in the development of practice of ensuring proper protection of the interests of energy consumers in disputes regarding non-contractual consumption, which influenced the position of the courts in many similar disputes. In this case, the Law Board for Economic Disputes of the Supreme Court of the Russian Federation adopted an award, which is the only act of the Supreme Court regarding non-contractual consumption of electricity, and is essential for judicial practice on this issue.
The interests of a one of the major power system in the North-West region have been successfully represented in courts at different levels. In particular, several awards and actions of the tax authorities were recognized as invalid, along with the settlement of claims and disputes regarding additional accrual of income tax, write-off of receivables, and VAT recovery. A dispute with the Ministry of Finance of the Russian Federation has been successfully resolved. Property tax claims submitted by the state have been settled.
The controversy covered the tax relief on mobilization property for the previous tax periods. As a result of the proceedings, the client was relieved of the obligation to pay additional taxes, penalties, and fines for a total amount of over RUB 0.18 bln. Earlier, the client was exempted from paying taxes, penalties, and fines for a total amount of RUB 0.035 bln, as a part of disputes with the Interregional Inspectorate of the Federal Tax Service.
The interests of a subsidiary of the Mongolrostsvetmet, Russian-Mongolian Joint Association, were successfully defended in the case regarding the export VAT recovery when delivering raw materials for metallurgical industry. Project concept: impeachment of the tax authority award regarding liability for violation of tax and fee legislation. Result: a favourable award of the primary court and appeal. Project significance: we have received confirmation of the latest judicial practice regarding the existing unbiased limitations within the competence of tax authorities as for checking the economic feasibility of lease agreements and consulting services contracted by the taxpayer. Case amount: RUB 0.084 bln.
We have defended the interests of the largest Georgian energy distribution company, which was part of the INTER RAO UES Group, in a dispute with a subsidiary of an international energy holding operating in 27 countries over the recovery of the unjustified enrichment amount. On behalf of the client, we initiated arbitration in the London International Arbitration Court, which gave rise to negotiations between the parties, resulting in the payment of compensation acceptable to the client. Result: the dispute was resolved in favor of the Client.
Our Law firm's members have successfully represented the interests of a large energy company of the Central Federal District in disputes with tax authorities related to offset and VAT recovery, write-off of receivables, illegal additional tax assessment, and refund of excessively collected taxes, and in disputes with the Ministry of Finance of the Russian Federation on budgetary legislation; and we have successfully lodged a complaint against the misconduct of the anti-monopoly authorities.
Representing the interests of a major aluminum producer in challenging an award of the Russian Government regulating the wholesale electricity market in the Supreme Commercial Court of the Russian Federation.
We have assessed the tax consequences of purchase and sale of Russian fuel storage and transportation equipment in the interests of a large Russian holding operating in engineering, project management for the development and implementation of technological equipment for the nuclear and conventional energy, chemical, oil, and gas industries of the Russian Federation.
Advising the management of a major generating company on tax and corporate issues.
The telecommunications operator's network filed a lawsuit against the Client, the largest specialized network company focusing on outdoor lighting installations, to recover the debt for the performance of work under the contract. The client's interests are represented at all court levels, including the supervision. Results: refusal to satisfy a significant part of the claims (over 80%) in favor of the Client.
Protecting grid company against recovering the cost of actual losses in favor of Mosenergosbyt PJSC. The difficulty of building a position was the need to develop a meaningful position that could destroy a set of formal documents automatically generated within the plaintiff itself. This resulted in a denial of claims and the formation of the right approach in judicial practice.

OUR LAW FIRM'S LAWYERS HAVE MANAGED IN DIFFERENT YEARS CONDUCTED PROJECTS FOR THE FOLLOWING COMPANIES:

1. Interregional Distribution Grid Company of Volga
2. Territorial Generating Company of Volga
3. Gazprom
4. Zapsibgazprom
5. Zarubezhneft
6. Kolenergo
7. Kolenergosbyt
8. Lenteplosnab TEK SPB
9. Mechel PJSC
10. Mosgorsvet
11. OGK 1
12. Orelenergo
13. Orelenergosbyt
14. Rusenergosbyt
15. Rosenergoresurs
16. Saratovenergo
17. Surgutneft
18. Surgutneftegazgeologiya
19. Tymenpromgeofizika
20. Ural Atom
21. FNK Group
22. FGC UES
23. ElectroLab
24. Elmont Energo
25. Telasi

REVIEWS:

"...THE LAWYERS SUCCESSFULLY REPRESENTED THE INTERESTS OF ORELENERGO JSC IN DISPUTES: WITH THE TAX AUTHORITIES, THE MINISTRY OF FINANCE OF THE RUSSIAN FEDERATION, THE ANTIMONOPOLY AUTHORITIES, COUNTERPARTIES IN COLLECTING THE DEBTS IN FAVOR OF THE COMPANY"; ORELENERGO JSC
"WE RECEIVE FULL ON TIME LEGAL CONSULTATIONS REGARDING ARRANGEMENT OF SUPPLIES, CONTRACTING, USE OF INTELLECTUAL PROPERTY." URAL ATOM JSC;
"… THE LAWYERS DEVELOPED AND IMPLEMENTED A REASONABLE LEGAL ALGORITHM, ALLOWING TO EXERCISE FULL CONTROL OVER THE CORRECT ASSESSMENT AND PAYMENT OF TAXES." KOLENERGO JSC;
"DURING THE COOPERATION, WE COULD MAKE SURE THAT WE CAN ALWAYS EXPECT THE ASSIGNED TASK TO BE DONE IN ACCORDANCE WITH THE PRESENTED REQUIREMENTS AND ON TIME." TYUMENPROMGEOFIZIKA JSC;
"ELECTROLAB CONSIDERS POSSIBLE TO RECOMMEND THE STRATEGY AND TRINFICO GROUP OF COMPANIES (NOTE: OUR LAW FIRM JOINED IT IN 2008) AS AN EXPERIENCED AND PROFESSIONAL LAW CONSULTANT". ELECTROLAB JSC
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