Expertise/White-Collar Defence

Service

Criminal Cases in Corporate Conflicts

A dispute between a company's participants, shareholders or management may be accompanied by a criminal complaint, which is then checked, and if criminal proceedings are instituted, interests, shares and accounts may be attached.

We are most often instructed by:

  • Owners and executives whose actions have become the subject of a complaint
  • Owners and companies whose property has been attached or seized
  • Companies harmed by the actions of their management or participants

The information on this website is provided for information purposes only and does not constitute a public offer.

What the Service Includes

Timing and Fees
–timing on request
from ₽fee on request

Timing and fees are indicative and are confirmed when the engagement is agreed.

01 / Overview
Dispute or crime

A criminal complaint may accompany a dispute over transactions, resolutions of management bodies, corporate control or the disposal of assets. The mere existence of a complaint does not confirm that a crime was committed. At the same time, the civil law nature of a relationship does not exclude a criminal law assessment of particular actions. To prepare the position, it is established what actually happened, who took the decisions and what materials confirm this.

Losses suffered by the company, the absence of approval of a transaction or disagreements with the director are not in themselves sufficient to conclude that a crime has been committed. In assessing possible abuse of authority, the powers and actions of the specific person, their purpose, their consequences and the other elements of the offence provided for by law are examined. Information about forgery of documents or unlawful disposal of property is also assessed separately.

For certain offences against the interests of service in commercial and other organizations, including abuse of authority, a special procedure for instituting criminal proceedings is provided for: upon a complaint by the head of the organization or with their consent.

Resolution of the corporate dispute itself falls under the “Corporate Disputes and Conflicts” service.

02 / Outcome
Service Outcome
  • Assessment of the situationAnalysis of the available information on the complaint, its connection with the corporate dispute and the circumstances that require confirmation or further clarification.
  • Position on the complaintPrepared arguments, draft explanations and a set of documents for submission in accordance with the established procedure.
  • Applications concerning attachment and seizureLegal assessment of the attachment and seizure of property, and objections, motions and appeals prepared where there are grounds.
  • Criminal complaintAssessment of the grounds for a complaint by the company, and preparation of the complaint and its annexes if this course of action suits the circumstances.
  • Analysis of parallel proceedingsReview of positions previously stated, discrepancies identified and the possible significance of court rulings for the investigation.
  • Participation in the caseLegal assistance while the crime report is considered, during the investigation and in court, and explanation of the decisions taken and possible further steps.

The outcome of the service is the work performed within the scope agreed with the client.

03 / Preparation
What the position is built on
  1. Materials

    The position is built on the documents and the circumstances of the case; the following points are relevant.

    • Parties to the conflictParticipants, shareholders, executives and their roles in the company.
    • Corporate documentsThe charter, the corporate agreement, resolutions of management bodies and extracts from registers.
    • Disputed transactions and operationsContracts, approval documents, accounting and payment documents, correspondence.
    • Parallel proceedingsInformation on corporate and other disputes in the commercial (arbitrazh) courts, any bankruptcy case, court rulings issued and appeals filed.
    • Documents receivedNotices, requests, orders, records, and information on property seized and restrictions imposed.
    • Details of the complaintWho filed it and when, what circumstances it sets out and what is known about the outcome of its consideration.
    • Upcoming deadlinesScheduled procedural actions, hearings and time limits for appeals.
    • Formalizing the engagementInformation needed to identify the client, assess authority to act on behalf of the company, check for a possible conflict of interest and enter into an engagement agreement with the advocate.
  2. Assessment

    On the basis of the materials, the strengths and weaknesses of the position, the risks and the possible courses of action are identified.

  3. Plan

    For the chosen option, a plan is drawn up: the sequence of steps, timing and scope of work.

04 / Questions
Frequently Asked Questions

First, it is established what information about the complaint is available, which authority is considering it and which actions have already been scheduled.

Procedural status, rights and the known circumstances are discussed with an advocate before any explanations are given. The argument that the dispute is civil in nature is used if it is supported by the materials. A corporate conflict does not in itself preclude consideration of a crime report.

The subject matter of the two sets of proceedings, the documents submitted, the explanations previously given and the upcoming deadlines are compared. Court rulings are assessed in the light of their content, their entry into force and the rules on preclusive effect. A commercial court judgment may be relevant to establishing certain facts, but it does not predetermine whether a crime was committed or whether a person is guilty.

The court ruling and the documents on its enforcement are examined: which property is affected, which transactions are prohibited and for how long the restrictions apply. Where funds in an account are attached, the amount up to which transactions are restricted is also relevant.

Attachment of an interest or shares does not in itself terminate the right to them, but whether they can be disposed of and whether particular corporate rights can be exercised depends on the content of the specific decision. Where there are grounds, an appeal or an application to lift or vary the restrictions is prepared.

Documents are gathered on the disputed actions, the director's powers, the decisions taken and the consequences for the company. Once they have been examined, the possible remedies are assessed: claims for damages, challenging transactions, a criminal complaint or a combination of these measures where there are grounds.

It is assessed separately who is entitled to act on behalf of the company and whether special conditions for instituting criminal proceedings apply.

Yes. The advocate examines the available documents, the client's procedural status, the upcoming actions and deadlines, and the state of the corporate dispute. Further steps, the need for urgent applications and possible grounds for challenging decisions already taken are then discussed.

An hourly rate, a fixed fee or a combined model is used. The fee is determined by the time actually spent, the complexity of the matter and the overall timeframe of the project, and is agreed before work begins.

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