in a court in Russia
Attorney Maria Yarmush
has extensive experience in protecting the rights and interests
of clients in courts of law in complex disputes over property
rights, family matters, defamation and other matters.
specializations are as follows:
- Marital disputes and the division
of property in divorce or separation;
- Paternity suits;
- Child custody suits;
- Parental international kidnapping;
- Suits for the protection of honor and dignity.
contact order case in Russia >>>
about children >>>
international kidnapping >>>
The courts of general jurisdiction
in the Russian Federation consider plaintiffs' cases brought
by citizens, organizations, public authorities and local governments
concerning the protection of violated or disputed rights,
freedoms and legitimate interests, and disputes arising from
civil, family, labor, housing, land, environmental and other
The civil court is the forum for
any challenge to a decision of the arbitration tribunal and
for issuance of a writ of execution to enforce an arbitral
award. The court of general jurisdiction can also hear cases
dealing with the recognition and enforcement of foreign judgments
and foreign arbitral awards.
The first step in a civil case
for a plaintiff is to determine the competent court and the
proper respondent. A statement of claim must be prepared along
with accompanying documents confirming the circumstances relevant
to the case, and appropriate state fees must be paid.
Actual proceedings are initiated
by the court, subject to the requirements of the Civil Procedure
Code as to the form and content of the statement of claim.
If the plaintiff (applicant) does not take into account the
requirements of the law, the judge leaves the claim dormant,
leaving it to the plaintiff to correct the deficiences. If
the deficiencies are not corrected, the
court returns the petition to the plaintiff. The court may
also refuse to accept the statement of claim on various grounds
specified in the law.
Once court proceedings have been
initiated, the plaintiff has the right to ask the court to
take action to secure a claim, for example, by putting a lien
on the property of the defendant. The court's agreement to
such a request depends on there being justification of the
need for interim measures.
The next stage of the process is
to prepare a civil case for trial. The pleadings should take
full account of all persons and entities connected to or participating
in the case and should include all relevant evidences and
sworn statements. If pertinent facts or documentation are
missed at this stage, the party concerned will have no further
opportunity to include them later, and will suffer from not
being able to mount a full exposition or defence in the court.
In court, the judge or judges will
hear the case on its merits and will reach a decision. Evidently
this is the most crucial stage of the process. Advocates for
the plaintiff and respondent (or the parties directly, if
they are so ill-advised as to represent themselves) present
the collected evidence and try to convince the court of the
correctness of their legal position. It may well be that the
court interrogates witnesses or the parties themselves on
the basis of their statements, and the advocates must be ready
to support positions taken in the pleadings with legal argument.
After the court has reached its
verdict, the losing party may appeal the court's decision,
possibly to more than one level of the judiciary. Obtaining
permission to appeal is itself not necessarily straightforward,
and the appeal process has its own complexities.
Thus, all stages of the trial are
important and complicated from a legal point of view. The
layman, unfamiliar with the intricacies of procedural law
and not having much or any experience of presenting cases
in the court, can easily lose a suit even when the legality
and validity of his arguments are apparently overwhelming.
Therefore it is necessary to entrust the protection of the
client's rights and interests to professional counsel - a
lawyer who specializes in a particular category of cases.
Legal services in
the commercial courts
Attorney Maria Yarmush
provides legal representation for clients in the commercial
(arbitrazh) courts of the Russian Federation, at the arbitration
tribunal, in ICAC economic disputes and other cases related
to business activities.
Maria Yarmush is experienced
in assisting clients in the International Commercial Arbitration
Court at the Chamber of Commerce of the Russian Federation,
as well as in the civil, commercial and appeal courts.
The commercial courts in Russia
(called 'arbitrazh' courts but not to be confused with arbitration
proper, which is a responsibility of the Chamber of Commerce
in Russia, as elsewhere) deal with cases about protection
of the violated or disputed rights and interests of enterprises,
institutions, organizations and individuals in business and
other economic activities.
Companies and entrepreneurs can fully
protect their infringed rights and interests only in the courts,
and this responsibility should be entrusted to professionals.
Effective understanding and use of the court process can be
undertaken only by a lawyer specializing in commercial disputes.
In a commercial court process it
is first necessary to determine which court in fact has the
appropriate competence to resolve a dispute. At this stage it
may also be possible to estimate the likely cost of proceedings.
At the beginning of proceedings,
correct formulation of a claim is of vital importance, whether
as part of a pre-trial negotiation process or as a preliminary
to judicial proceedings as such. There may also be judicial
steps that can be taken to protect or secure property or other
rights, and these need to be taken in due time.
If the litigant is the subject of
a claim or adverse behaviour, then again it is of great importance
to formulate and present a statement of objections and/or a
Needless to say, detailed knowledge
of Russian contract and commercial law is indispensable while
these steps are being taken. More cases are lost through inadequate
preparation than are ever lost in the court-room.