Attorney at Law in Russian courts
Attorney at Law Maria Yarmush has extensive experience on protecting the rights and interests of the clients in courts at complex disputes about property rights, family disputes and other matters.
Attorney Yarmush's specializations are as follows:
- Marital disputes and the division of property in divorce or separation;
- Paternity suits;
- Child custody suits;
- Parental international kidnapping.
Legal services in the courts of general jurisdiction in Russia
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 legal relationships.
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 deficiencies. 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 defense 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 behavior, then again it is of great importance to formulate and present a statement of objections and/or a counter-claim.
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.