Lawyer's practice

The Maryinski Palace

From practice of penal cases.

On the 11-th of May 1999 the Petrogradski federal court of Saint-Petersburg by its sentence has completely acquitted Mr. Mazin of an illegal purchase and storage of drugs the marijuana. Mr. Mazin was attracted to the penal responsability on the article 228, the part 1, of the Penal Code of the Russian Federation after the paper packet of marijuana was withdrawn from him by agents of the police at his personal search in the subway station of Gorkovskaia. The hearing of the case was put off repeatedly and lasted in the court since the 22-nd of February till the 11-th of May 1999. During the trial, the defence managed to prove an absence of criminal intention of the accused person. With the lawyer's aid Mr. Mazin was found not guilty. The sentences of acquittal are not frequent in Russia at all.

From practice of penal cases.

On the 22-nd of May 1999 the Vasileostrovaski federal court of Saint-Petersburg by its decision has made free of detention Mr. Alexandroff who was accused of the fulfilment of seven episodes of theft in two penal cases, excited in two districts of Saint-Petersburg: the Vasileostrovaski one and the Petrogradski one. With the lawyer's aid the measure of Mr. Alexandroff's suppression was changed to the subscription of non-departure and Mr. Alexandroff has left for the freedom.

On this case Mr. Neznanoff was attracted to the penal responsability and he also was accused of the fulfilment of seven episodes of theft in two districts of Saint-Petersburg: the Vasileostrovaski one and the Petrogradski one. The inquest officer of the Vasileostrovaski district was at first planning to detain Mr. Neznanoff in prison, but by learning the decision of the court about Mr. Alexandroff, the officer has refused these intentions, and Mr. Neznanoff has stayed on the freedom. Moreover, the inquest officer has stopped the penal case in the part 3, by directing the case to the court in the part 2 of the article 158 of the Penal Code of the Russian Federation. By the lawyer's efforts the two cases were reunited at the Petrogradski federal court.

On the 22-nd of August 2000 the Petrogradski federal court of Saint-Petersburg by its sentence has found Mr. Alexandroff and Mr. Neznanoff each guilty of the fulfilment of seven episodes of theft. However, as a result of the lawyer's aid, Mr. Alexandroff and Mr. Neznanoff were sentenced to the conditional terms of imprisonment and they were free of punishment according to the act of amnesty of the State Duma.

From practice of civil cases.

On the 5-th of May 1997 the Nevski federal court of Saint-Petersburg by its decision has rejected the claim of Mrs. Iahiaieva to recognize her rights to live in the apartment occupied by the mother and the son, Mrs. & Mr. the Kurbatcheovs, thereby the rights of the Kurbatcheovs were protected. Earlier Mrs. Iahiaieva had settled in the apartment as the wife of Mr. Kurbatcheov and lived with him for about a year. Being a mother of several children from her first marriage in Central Asia, Mrs. Iahiaieva tried to settle her junior child in the apartment of the Kurbatcheovs. This action of the mother of several children from Central Asia was met with the displeasure by the Kurbatcheovs the mother and the son, as they understood that they could loose their apartment in this way. The term of the temporary registration of Mrs. Iahiaieva expired by this time. As the Kurbatcheovs refused to prolong the term of registration, Mrs. Iahiaieva applied to the court to recognize her rights to live in the apartment of the Kurbatcheovs. With the lawyer's aid , the mother of several children from Central Asia was nonsuited and the housing rights of the native residents of Saint-Petersburg were protected. One more amusing fact in this story should be mentioned. By the time, the decision of the court was taken, Mr. Kurbatcheov and Mrs. Iahiaieva were still formally married. Mr. Kurbatcheov was planning to start the divorce process, however by that time he still had not found the money to pay the state tax.

From practice of civil cases.

On the 20-th of April 1998 the Kalininski federal court of Saint-Petersburg by its decision has satisfied the claim of Mrs. Daniluk that she had raised in interest of her minor son versus the Forestry Academy and it has exacted from the Forestry Academy in behalf of the minor Mr. Daniluk the compensation for the damage to health, the compensation for the moral damage and also the legal expenses on the case. The fact was that on the 25-th of of March 1996, Mr. Daniluk was on educational practice at the Dispensary Sanatorium of the Forestry Academy. During his practice the minor Mr. Daniluk was forced to undergo the dental treatment. The dispensary dentist used an inadmissible treatment method he chose such a criminal measure as the amputation of the tooth pulp of the minor boy with the use of arsenic oxide which is a mineral poison. It is well-known that the use of this faulty method inevitably leads to destruction and loss of the tooth. In this case the use of this method has led to the development of inflammatory process in the organism of the boy and, as the result, the minor Mr. Daniluk has got blind on his left eye, his face is disfigured by the desease and he hardly has not died. What titanic efforts were needed to prove that the criminal dentist was really guilty! The hearing of the case repeatedly was put off and lasted about two years. The doctors and their apologists persistently resisted and tried to screen their colleague. By all means they denied the fact that the unconscientious dentist was guilty. However with the lawyer's aid the justice has triumphed and the Forestry Academy has been responsible for the damage inflicted by the unconscientious dentist who was its employee. The attraction of someone to the civil or other responsability for the damage inflicted by an unconscientious doctor is a very rare occasion, even a unique one, in the legal practice of Russia.

From practice of arbitration.

In 1988-1989 the City dairy plant N 3 appeared in a difficult economic situation, the Plant was laid over by various penalties, and the various economic entities on the eve of the privatization applied for its property. Thanks to skillful actions of the legal adviser Michael Smirnoff, carrying out protection of interests of the City dairy plant N 3 in the State arbitration court of Leningrad city and the Leningrad region, it was succeeded to prevent the ruin of the Plant and the plundering of its property. Having acted with a hard line against the claims made to the Plant and having carried out in the State arbitration court some tens response claims versus the various economic entities among which there were the firms Lenmoloko, Gastronom, etc., the legal adviser achieved the stabilization of the economic position of the Plant. The contractual relations of the Plant with the other economic entities were ordered at the same time.

From practice of arbitration.

On the 16-th of August 1995 the Arbitration Court of Saint-Petersburg and the Region by its decision has satisfied the claim of the Joint-Stock Company of Ecotech-93 and it has exacted from the Company of Factory of citric acid, Limited, the debit debt and the legal expenses on the case. The fact was that the Joint-Stock Company of Ecotech-93 had done the work, specified in the contract. However the Company of Factory of citric acid, Limited, did not need this work any more, so the Company, Limited, decided to save its mony on the another's account and refused to pay for the work done. With the lawyer's aid the debit debt was exacted.

From practice of arbitration.

On the 11-th of September 1995 the Arbitration Court of Saint-Petersburg and the Region by its decision has satisfied the claim of the Joint-Stock Company of Intourstroy and it has exacted from the Business Bank of Christmasy the forfeit for the delay in transferring money withdrawn from the bank account of the Joint-Stock Company by its payment orders and also the legal expenses on the case. With the lawyer's aid the forfeit was exacted.


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