Best Lawyers for Government Practice in Russia

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Lawyer
  • Location:
    Moscow, Russia
  • Practice Areas:
    Government Practice
Lawyer
  • Location:
    Moscow, Russia
  • Practice Areas:
    Government Practice Litigation Competition / Antitrust Law
Lawyer
  • Location:
    Moscow, Russia
  • Practice Areas:
    Litigation Government Practice

  • Location:
  • Practice Areas:

Practice Area Definition

Government Practice Definition

Government practice is involved more or less in any case where business needs include cooperation with state authorities, which regulate the respective business field. In general, legal relations between businesses  are regulated by the Civil Code of the Russian Federation. But in some cases of business and public relations there are specific features which affect people`s interests, as well as those of the state and businesses themselves and therefore require special regulation apart from the civil legislation. Exactly such cases are handled by special state regulators. Thus, you will interact with their representatives.

The best way to show how this system works is through a description of business needs and services rendered by a legal consultant in government practice. A variety of these can be classified in two types. The first one is applied services connected with access to state services necessary for business activities “on the ground”. For instance, registration of a right to real estate or intellectual property, obtaining or renewal of a license, etc. The second type of needs and services is establishing the “rules of the game”, i.e. changing the normative and regulative field in which the client`s business will be functioning thereafter, in other words, rule-making.  

There should be a separate mention also to a consulting service of supporting clients in obtaining regulators` interpretations. It is not a unique case where the decision cannot be made because of uncertainty or contradictions in norm construction. To avoid potential problems one might want to have official interpretation from the respective regulator. This is per se the third type of services which helps the client in resolving certain business issues, as well as de facto forms the practice of existing norms construction.

There are intersectoral and sectoral regulators. The first ones are bodies regulating general economic questions. They do not affect decision making process as to certain practice questions, and their influence lies within macroeconomic conditions. These bodies are the Ministry of economic development, Ministry of finance. Second ones also work in the macroeconomic field but focus on creating normative regulation within the framework of a separate industry branch or certain questions.  These are such federal bodies, as the Bank of Russia, Ministry of energetics, Ministry of transport, Ministry of agriculture, Ministry of health, Ministry of industry and trade, Ministry of communications and mass media and other.  

The only body from the above mentioned ones both performing rule-making and rendering state services is the Bank of Russia. The Central Bank is the so called mega regulator  of the financial market in Russia. It is in charge of banking, as well as insurance, securities market, non-state pension funds, microfinance organizations sector and many other.  Special departments within the Bank of Russia perform regulation, control and supervision over respective sectors. The Bank of Russia also adopts normative documents, i.e. the “rules of the game” for supervised sectors. 

Other bodies` structure includes federal services and agencies which do not create normative framework or state policy, and only render state services and perform supervision. For instance, Ministry of economic development creates norms and rules, while its subordinate Federal service of state registration, cadastre and cartography renders state services (including licensing, registration of rights to real estate) and carries out control over sectoral legislation observance. All in all, there are over 50 subordinate federal services and agencies under federal ministries.

Our experience shows that all important sectors are regulated in Russia rather well and reasonably, but to be successful one needs to be acquainted both with sectoral legislation and internal “rules of the game” of the state officials  regulating the sector, where one is developing her/his business. We note that the development of regulation system goes on, what can be easily seen in certain sectors. For instance, recently there has been strengthening of the influence of the Federal service for intellectual property.  The role of the Service is enhanced with growth of the business activity in the field of intellectual property transactions.  Nowadays it is officially discussed, whether there should be a single mega regulator on the basis of the Service in the intellectual property sphere.  

What consultant do you need? Primarily, the consultant that has explicit  knowledge of the sector and understands who and how regulates it in Russia. It is very important that your consultant not only has knowledge of sectoral legislation, but also  understands the logic and algorithm behind the state officials` work in respective government bodies – otherwise the project will develop slower than it could. Perhaps, a truly reliable legal consultant should be acquainted with the sector, understand your needs, as well as have experience in resolving problems similar to those expected in your project.

YUST Law Firm

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Government practice is involved more or less in any case where business needs include cooperation with state authorities, which regulate the respective business field. In general, legal relations between businesses  are regulated by the Civil Code of the Russian Federation. But in some cases of business and public relations there are specific features which affect people`s interests, as well as those of the state and businesses themselves and therefore require special regulation apart from the civil legislation. Exactly such cases are handled by special state regulators. Thus, you will interact with their representatives.

The best way to show how this system works is through a description of business needs and services rendered by a legal consultant in government practice. A variety of these can be classified in two types. The first one is applied services connected with access to state services necessary for business activities “on the ground”. For instance, registration of a right to real estate or intellectual property, obtaining or renewal of a license, etc. The second type of needs and services is establishing the “rules of the game”, i.e. changing the normative and regulative field in which the client`s business will be functioning thereafter, in other words, rule-making.  

There should be a separate mention also to a consulting service of supporting clients in obtaining regulators` interpretations. It is not a unique case where the decision cannot be made because of uncertainty or contradictions in norm construction. To avoid potential problems one might want to have official interpretation from the respective regulator. This is per se the third type of services which helps the client in resolving certain business issues, as well as de facto forms the practice of existing norms construction.

There are intersectoral and sectoral regulators. The first ones are bodies regulating general economic questions. They do not affect decision making process as to certain practice questions, and their influence lies within macroeconomic conditions. These bodies are the Ministry of economic development, Ministry of finance. Second ones also work in the macroeconomic field but focus on creating normative regulation within the framework of a separate industry branch or certain questions.  These are such federal bodies, as the Bank of Russia, Ministry of energetics, Ministry of transport, Ministry of agriculture, Ministry of health, Ministry of industry and trade, Ministry of communications and mass media and other.  

The only body from the above mentioned ones both performing rule-making and rendering state services is the Bank of Russia. The Central Bank is the so called mega regulator  of the financial market in Russia. It is in charge of banking, as well as insurance, securities market, non-state pension funds, microfinance organizations sector and many other.  Special departments within the Bank of Russia perform regulation, control and supervision over respective sectors. The Bank of Russia also adopts normative documents, i.e. the “rules of the game” for supervised sectors. 

Other bodies` structure includes federal services and agencies which do not create normative framework or state policy, and only render state services and perform supervision. For instance, Ministry of economic development creates norms and rules, while its subordinate Federal service of state registration, cadastre and cartography renders state services (including licensing, registration of rights to real estate) and carries out control over sectoral legislation observance. All in all, there are over 50 subordinate federal services and agencies under federal ministries.

Our experience shows that all important sectors are regulated in Russia rather well and reasonably, but to be successful one needs to be acquainted both with sectoral legislation and internal “rules of the game” of the state officials  regulating the sector, where one is developing her/his business. We note that the development of regulation system goes on, what can be easily seen in certain sectors. For instance, recently there has been strengthening of the influence of the Federal service for intellectual property.  The role of the Service is enhanced with growth of the business activity in the field of intellectual property transactions.  Nowadays it is officially discussed, whether there should be a single mega regulator on the basis of the Service in the intellectual property sphere.  

What consultant do you need? Primarily, the consultant that has explicit  knowledge of the sector and understands who and how regulates it in Russia. It is very important that your consultant not only has knowledge of sectoral legislation, but also  understands the logic and algorithm behind the state officials` work in respective government bodies – otherwise the project will develop slower than it could. Perhaps, a truly reliable legal consultant should be acquainted with the sector, understand your needs, as well as have experience in resolving problems similar to those expected in your project.