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Operational Conditions

Адвокатская фирма «S.Verenin’s legal group» осуществляет ...

Community

СООБЩЕСТВО Мы являемся членами адвокатской палаты, ...

Our Principals

(Русский) Доверителями Адвокатской фирмы “S.VERENIN’S ...

Management

Высшим органом управления Адвокатской фирмы "S.Verenin’s ...

Our approach

(Русский) Адвокатская фирма«S.Verenin’s legal group» , ...

Advocates
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Sergey Ivanovich Verenin

BIOGRAPHY  Sergey Verenin is a founder, Managing Partner, advocate of the Law Firm “S.Verenin’s legal group” since ...

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Jakhongir Yuldashevich Musaev

BIOGRAPHY Jakhongir Musaev is a partner of the Law Firm “S.Verenin’s legal group” since 2015. Jakhongir has a record ...

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Aziza Bakhodirovna Khallakova

BIOGRAPHY Aziza Khallakova is a partner of the Law Firm “S.Verenin’s legal group” since 2014. She has an extensive ...

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Olesya Yuryevna Bragina

 BIOGRAPHY Olesya Bragina is a partner of the Law Firm “S.Verenin’s legal group” since 2013. Olesya has an extensive ...

Practice
Mediation

Mediation is the procedure for settling a dispute by entering into voluntary negotiations in the presence of a neutral person, a mediator (mediator), with the aim of achieving mutual understanding and drawing up an agreement that resolves the disputed situation.

 World practice of its application

– As a means of settling disputes, mediation is recognized in Article 33 of the UN Charter.

Mediation is very effective in resolving civil disputes. Especially developed conciliatory procedures in the Anglo-Saxon system of law, in the countries of continental Europe. Within the European Community, over the past decade, there has been a tendency to appeal to mediation as one of the opportunities to ensure the protection of the rights, freedoms and interests of participants in public relations.

Here are some figures of its effectiveness. In the US, 95% of cases that have undergone this procedure do not reach court. In Germany, more than 90% of the negotiations end in an amicable agreement, in particular in Lower Saxony – 97%. In the UK, 90-95% of disputes are resolved before the trial. The European indicator of the effectiveness of mediation is 40-80%.

In these countries, the view has been established that mediation is one of the ways to ensure access to justice. In the modern world, courts are overloaded with cases, so society is looking for other methods of resolving disputes. These include, in particular, arbitration courts, commercial arbitration. Usually state courts promote the development of these methods, because they reduce the burden of state courts, and therefore create conditions for more effective administration of justice.

 Fundamental principles of mediation

Voluntariness. Unlike litigation, the parties to the mediation process enter voluntarily, and the mediator is chosen by them. All decisions are taken only by mutual agreement of the parties, and each of them at any time can terminate the negotiations.

Equality. Neither party has procedural advantages. They are given the same right to express their opinions, determine the agenda of negotiations, assess the acceptability of proposals and the terms of the agreement, etc.

Neutrality, impartiality of the mediator, which maintains an impartial attitude towards each side and provides them with equal rights in negotiations. If the mediator feels that it is difficult for him to remain neutral, he refuses to keep the process.

Confidentiality. All that is said in the mediation process remains within it. The mediator can not act as a witness if the case is still submitted to the court, and does not inform one party about the information he received from the other in the course of an individual conversation, unless he received a special permit for this.

Advantages of mediation before the state court or arbitration proceedings

– The main difference is that the mediator in itself does not take any decision as to the nature of the dispute. All decisions are made only by the parties and only on the basis of mutual consent. In court, the dispute ends in power by issuing a binding decision by the judge, which can be enforced.

Mediation is a flexible process – the parties can, at their discretion, settle it, they are given the freedom to discuss the problem. In addition, the mediator himself helps to find a solution to the dispute.

 Judgment does not always lead to the desired result of the parties. At least one party may remain dissatisfied with the outcome of the case. This circumstance causes evasion from not only voluntary, but also compulsory execution. In the course of mediation, all decisions are taken only by mutual consent of the parties, and both parties voluntarily take upon themselves the obligation to carry out the decisions they have taken.

Among the undeniable advantages of mediation is the maintenance of normal, friendly relations between the parties. The most effective mediation in solving problems related to the division of property, the resolution of disputes between spouses, parents and children, in labor disputes.

Trends and prospects for the development of this method in Uzbekistan

– This tool is not so new for our country. Mediation in one form or another has long been used in the territory of modern Uzbekistan. Now conciliatory procedures are widely used by self-governing bodies of citizens (makhallyas) in resolving various disputes arising between neighbors in families.

The application of mediation coincides with the tasks specified in the Concept for the Implementation of Priority Directions of Reforms in the Sphere of Reform and Further Liberalization of the Judicial and Legal System. This document aims to revise the attitude to entrepreneurship, business and the private sector by strengthening the protection of their interests, creating for them a favorable legal framework, a system of benefits and guarantees. In this perspective, mediation can be viewed as an effective element of the legal framework for business entities in settling certain categories of disputes in a simplified manner.

Our legislation provides an opportunity for the parties to use pre-trial ways of resolving disputes. In civil and economic proceedings, the parties can complete the trial at any time and at any instance by concluding an amicable agreement. To reach it, the parties can turn to mediation.

The law firm  “S.Verenin’s legal group” is ready to assist in resolving various kinds of disputes between the parties. We have sufficient experience in this field. Our practice shows that mediation is one of the most effective ways before the trial, in which both parties are satisfied, in contrast to the court decision.

Legal support in the contracts and other deals involving foreign partners

Legal support in the contracts and other deals involving foreign partners

and your property

You want to sign a contract or agreement, 
with a foreign partner,
and you seek for legal support on this matter? 

You should know that any foreign economic contract includes risks that can be mitigated when an experienced lawyer is available.

THE ECONOMIC PROCEDURE CODE OF THE REPUBLIC OF UZBEKISTAN says:

Article 27. Filing a claim at defendant’s location

Claims must be filed in the economic court at defendant’s location.

Claims instituted against legal person arising out of its separate division activities must be filed at the separate division’s location.

Article 28. Jurisdiction at plaintiff’s choice

Claims to several defendants at different locations will be filed in the economic court of the plaintiff’s choice in the area where one of defendants is located. 

Claims to the defendant whose location is unknown may be filed in the economic court in the area where its property is located or at its last know location in the Republic of Uzbekistan,

Claims to defendant who is an organization or a citizen of the Republic of Uzbekistan or is located at the territory of other country may be filed at plaintiff’s location or in the area where defendant’s property is located.

Claims arising under agreement that specifies a place of performance may be filed where the place of performance is located.

Article 29. Choice of jurisdiction for the cases regarding the establishment of facts of legal significance

Cases regarding the establishment of facts of legal significance must be reviewed at applicant’s location, except for the cases regarding establishment of fact of possession of a building, structure or land plot which are reviewed in the area where such a building, structure or land plot is located. 

Also, the Law of the Republic of Uzbekistan ON CONTRACTUAL AND LEGAL FRAMEWORK OF BUSINESS ENTITIES’ ACTIVITIES

Article 10. Requirements applicable to business contracts

A business contract should include the subject matter of an agreement, quantity, quality, assortment and price of the goods (works, services) delivered, performance time limits, settlement procedures, obligations of the parties, liability of the parties for failure to fulfill or late fulfillment of the contractual obligations, dispute resolution procedures, bank details of the parties, date and place of contract execution, and other significant provisions established by the law for this type of a contract or presence of which, according to one of the parties, serves as a basis for agreement.

Article 32. Liability for failure to pay or deferred payment of goods (works, services)

For unjustified complete or partial refusal to accept payment demand, and for procrastination of payments for goods (works, services) in case of other types of settlement (failure to submit payment order to the bank, non-issuance of cheque, failure to issue a letter of credit, etc.), the customer (client) will pay to the supplier a 15% fine of the refused or procrastinated amount. 

In case of overdue payment of the goods delivered, the customer (client) will pay to the supplier 0.4% of the overdue payment amount for each deferred day, however, not more than 50% of the overdue payment amount.  

We have rendered legal support in the contracts and other deals involving foreign partners for many years. Services related to the matters concerning private international law. Preparation and legal support of investment projects.

CONCLUDE RELIABLE CONTRACTS,

OUR LAWYERS ARE THERE TO HELP YOU!

 

Legal support in the contracts and other deals involving foreign partners

Legal support in the contracts and other deals involving foreign partners

and your property

You want to sign a contract or agreement, 
with a foreign partner,
and you seek for legal support on this matter? 

You should know that any foreign economic contract includes risks that can be mitigated when an experienced lawyer is available.

THE ECONOMIC PROCEDURE CODE OF THE REPUBLIC OF UZBEKISTAN says:

Article 27. Filing a claim at defendant’s location

Claims must be filed in the economic court at defendant’s location.

Claims instituted against legal person arising out of its separate division activities must be filed at the separate division’s location.

Article 28. Jurisdiction at plaintiff’s choice

Claims to several defendants at different locations will be filed in the economic court of the plaintiff’s choice in the area where one of defendants is located. 

Claims to the defendant whose location is unknown may be filed in the economic court in the area where its property is located or at its last know location in the Republic of Uzbekistan,

Claims to defendant who is an organization or a citizen of the Republic of Uzbekistan or is located at the territory of other country may be filed at plaintiff’s location or in the area where defendant’s property is located.

Claims arising under agreement that specifies a place of performance may be filed where the place of performance is located.

Article 29. Choice of jurisdiction for the cases regarding the establishment of facts of legal significance

Cases regarding the establishment of facts of legal significance must be reviewed at applicant’s location, except for the cases regarding establishment of fact of possession of a building, structure or land plot which are reviewed in the area where such a building, structure or land plot is located. 

Also, the Law of the Republic of Uzbekistan ON CONTRACTUAL AND LEGAL FRAMEWORK OF BUSINESS ENTITIES’ ACTIVITIES

Article 10. Requirements applicable to business contracts

A business contract should include the subject matter of an agreement, quantity, quality, assortment and price of the goods (works, services) delivered, performance time limits, settlement procedures, obligations of the parties, liability of the parties for failure to fulfill or late fulfillment of the contractual obligations, dispute resolution procedures, bank details of the parties, date and place of contract execution, and other significant provisions established by the law for this type of a contract or presence of which, according to one of the parties, serves as a basis for agreement.

Article 32. Liability for failure to pay or deferred payment of goods (works, services)

For unjustified complete or partial refusal to accept payment demand, and for procrastination of payments for goods (works, services) in case of other types of settlement (failure to submit payment order to the bank, non-issuance of cheque, failure to issue a letter of credit, etc.), the customer (client) will pay to the supplier a 15% fine of the refused or procrastinated amount. 

In case of overdue payment of the goods delivered, the customer (client) will pay to the supplier 0.4% of the overdue payment amount for each deferred day, however, not more than 50% of the overdue payment amount.  

We have rendered legal support in the contracts and other deals involving foreign partners for many years. Services related to the matters concerning private international law. Preparation and legal support of investment projects.

CONCLUDE RELIABLE CONTRACTS,

OUR LAWYERS ARE THERE TO HELP YOU!

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Practice

Areas of Law Firm competences

The Law Firm practices: 

legal protection of business in the Republic of Uzbekistan. Business in the country continues to develop at a rapid pace, and at the same time, the number of conflicts related to entrepreneurial activity, including illegal interference of the state in entrepreneurial activities, increases.

To succeed in this or that business, it is necessary to enlist the support of an experienced lawyer. The lawyer’s firm S.Verenin’s legal group has developed a package of assistance aimed at providing legal protection for businesses in all situations.

In our firm, principals receive much more than protection! The integrated approach we apply guarantees that the assigned tasks will be solved in the shortest possible time, as well as with the maximum benefit for you. At the same time, we will do our utmost to reduce the risks in the tax, economic, administrative, and legal fields, especially when inspecting your business.

We create for safe working conditions, in advance revealing and eliminating violations in your company!

Our specialists excel at the intricacies of doing business, as well as in matters of economic legislation, are aware of all the changes in the regulatory framework, according to which we constantly expand the range of assistance that provides reliable legal protection of business. At the same time, we guarantee complete confidentiality of the information provided by the principals and the services rendered.

Types of support 

Our support in the field of business protection includes following:

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Business support

Business in Uzbekistan?

Does your company plan to establish

a subsidiary in Uzbekistan?

We are your local team until you form one of your own.

  • Set a goal, determine your objectives, growth directions and planned scope of operations, and we will present the best options in Uzbekistan for solutions and support you are considering:
  • Expertise of your forecasts
  • Optimization of cost estimates and timing schedule
  • Registration of your company
  • Preparation for issuance
  • Organizing a turnkey business
  • Engagement of all local resources
  • Constant legal support
  • Intellectual property protection

Long story made short, we are here to make everything possible

 to help you organize a new business

and start working successfully!

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Repatriation of profits by foreign investors and counterparties

Repatriation of profits by foreign investors and counterparties

NRepatriation of profits to foreign investorsEED TO RECEIVE PAYMENTS FROM UZBEKISTAN UNDER A CONTRACT?!

Your company is going to sign an international sale or delivery contract with a resident of Uzbekistan, but you fear legal risks associated with the peculiarities of the legislation of the Republic of Uzbekistan?

WE ARE READY TO PROVIDE LEGAL SUPPORT FOR YOUR CONTRACT IN THE REPUBLIC OF UZBEKISTAN,

whereby we provide:

  • objective information about law obedience data of your Uzbek partner to the contract;
  • advice on foreign currency and bank legislation of the Republic of Uzbekistan;
  • legal monitoring of the settlements to be effected by the resident of the Republic of Uzbekistan with a foreign supplier;
  • recovery of debt payable to the foreign partner in the Republic of Uzbekistan
  • development of payment and financial settlement schemes with a foreign supplier taking into account the features of the legislation of the Republic of Uzbekistan that govern export and import operations effected by the residents of Uzbekistan

 

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Recovery of dividends

You are a shareholder and you count on receiving declared profit but
A COMPANY KEEPS POSTPONING DIVIDEND PAYOUTS OR
DOES NOT PAY THEM AT ALL?

You should know that YOUR RIGHT TO DIVIDENDS is SECURED BY THE LAW

Article 53. The Law of the Republic of Uzbekistan “On Joint Stock Companies and Protection of ShareholdersRights” says: “A joint stock company must pay dividends declared for each type of stock”

Article 58 of the same Law states: “In case the issuer fails to pay dividends in the time period determined by the General Shareholders’ Meeting through its own fault, a penalty will accrue on the unpaid part of dividend based on refinance rates established by the Central Bank.

The Shareholder has the right to seek recovery of dividends declared by a joint stock company in a court of law. In case of refusal, the joint stock company will be subject to insolvency procedure or it will be declared bankrupt in the manner determined by the law”).

PROTECT YOUR RIGHT

TO RECEIVE DIVIDENDS!

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Creditor’s rights protection in case of debtor’s bankruptcy

Your company had accounts receivable, but…
YOUR DEBTOR HAS BEEN DECLARED BANKRUPT?
Raise your claim immediately and be aware that
REGISTRY OF CREDITORS’ CLAIMS is
 
one of the main documents in the bankruptcy procedure.

According to the Article 14 of the Law of the Republic of Uzbekistan “On Bankruptcy”

“Registry of creditors’ claims shall be maintained by a court receiver.

Information on each creditor and the confirmed amount of its claims for monetary obligations and (or) mandatory payments, the priority of each of claims shall be specified in the registry of creditor’s claims.”

According to the Article 36 of the Law “On Bankruptcy”:

Persons participating in a bankruptcy case shall be: 

the debtor;

the court receiver;

the creditors which have lodged their claims against the debtor in the manner established by
this Law

The creditors included in the registry receive the status of person participating in the case and may get satisfaction exclusively under the Law on Bankruptcy. The creditors who were not included into the registry may not get satisfaction except for current payments.

Article 70. Of the Law “On Bankruptcy” states:

In order to participate in the first creditors’ meeting, the creditors shall be entitled to lodge their claims against the debtor within thirty days from the date when the introduction of supervision in respect of the debtor is published in an official publication. Such claims shall be forwarded by creditors to the economic court, the debtor and the interim receiver with judicial acts or other documents confirming the validity of these claims.”

 

PROTECT YOUR CLAIMS ARDUOUSLY

IN THE DEBTOR’S BANKRUPTCY CASE

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Property protection in case of unwarranted arrest or property inventory

Property protection in case of unwarranted arrest or property inventory

You owned a real estate,
funds, securities and other property, but… 
it was CONFISCATED
for no good reason?
Assert your rights and be aware that the proprietary right is an absolute right and is guarded by the LAW:

Article 53. of the Constitution of the Republic of Uzbekistan says:

“Private property is …inviolable and is protected by the state”

Article 166. of the Civil Code of the Republic of Uzbekistan states:

“Ownership is inviolable and protected by the Law.

Inviolability of ownership includes nonadmission of violation of rights of ownership

by all entities who confront an owner”

Article 35. of the Law “On Property in the Republic of Uzbekistan” determines:

If rights of the proprietor or other persons on ownership or use and administration of a property belonging to them are violated as a result of promulgation of an Act by the body of State administration or a local administration body which is not in conformity with the Law, such an Act shall be invalidated by the court’s decision instigated at the proprietor’s or another person’s suit whose rights are violated.”

PROTECT YOUR PROPERTY

IN A COURT OF LAW!

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Consulting and protection in the tax disputes

You are a legal entity or individual …
And need tax advice?
Need corporate tax planning?
contact our lawyers…

We work in the area of corporate tax planning resolving complex and multi-jurisdictional tax issues associated with corporate business operations such as mergers and acquisitions and corporate financing.

Our team of lawyers offers tax consulting to companies and financial institutions all over the region. We also advise non-resident individuals and corporations on tax issues. Our comprehensive approach to tax planning, both practical and creative, is based on the tax legislation and policy enacted in the investor country and aims at obtaining optimized tax benefits.
We provide:
• A comprehensive and practical approach to tax planning with due account of tax legislation and policy in the investor country aimed at obtaining optimized tax benefits.
• Specific experience in the following key sectors: financial institutions, power industry, infrastructure, raw material extraction, and transportation.
Our areas of work include:
• customs duties and customs clearance aspects
• personal income tax
• mineral extraction tax
• tax planning
• tax structures of cross-border financing
• unified social tax
• VAT and income tax.

We understand the business and legal intricacies of international taxation and strive to offer business-oriented solutions to your problems.

 

We will help you to resolve your tax issues!

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Legal support in the disputes over insurance payments

You are an insurance company or an individual,
need advice on how to prepare for the deals involving insurance companies,
or insured event occurred?
insurance payout is unlikely …
Be aware that:

THE LAW OF THE REPUBLIC OF UZBEKISTAN ON INSURANCE ACTIVITY states:

Article 28. Resolution of disputes

Disputes in the area of insurance activity shall be resolved in the manner established by the law.

Article 29. Liability for violation of the laws on insurance activity

Persons guilty of violating the laws on insurance activity shall be liable in accordance with established procedure.

Our firm will assist you in developing recommendations on how to prepare for the deals involving insurance companies. Support in selecting the type of insurance suitable for any item, from the deal to the real estate.  Representation in arbitrage or courts of general jurisdiction for resolution of disputes related to insurance relations.

 

PROTECT YOUR RIGHTS ARDUOUSLY

IN OCCURRENCE OF INSURED EVENT!

 

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Legal protection for your property

You owned a real estate,
funds, securities and other property, but… 
someone is encroaching on YOUR PROPERTY
for no good reason?

Be aware that:

The proprietary right is an absolute right and is protected by the LAW:

Article 53. of the Constitution of the Republic of Uzbekistan says:

“Private property is …inviolable and is protected by the state”

Article 166. of the Civil Code of the Republic of Uzbekistan states:

“Property is inviolable and protected by a Law. Inviolability of property includes nonadmission of violation of rights of ownership by all entities who confront an owner”

Article 35. Law “On Property in the Republic of Uzbekistan” determines:

If rights of the proprietor, or other persons on ownership, or use and administration of a property belonging to them are violated as a result of promulgation of an Act by the body of State administration or a local administration body, which is not in conformity with the Law, such an Act shall be invalidated by the court’s decision instigated at the proprietor’s or another person’s suit whose rights are violated.”)

 

At Client’s instruction, the experts of our Law firm carry out due diligences of companies, and legally support transactions related to land plots and other real estate (study entitlement documents and legal history of the real estate, develop legal concept for its acquisition, alienation, optimize transaction taxes, prepare draft agreement, engage notary, appraiser and insurance company if required).

PROTECT YOUR PROPERTY

IN A COURT OF LAW!

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Intellectual property protection

You are an author of intellectual property and suffer from
your property being illegally used…..
or
from piracy?
You should KNOW that your rights to creative work (right of authorship) and to use creative accomplishments (user right) are secured by the Constitution of the Republic of Uzbekistan

(Hereinafter “RUz”), namely by the article 42:

Article 42. Each citizen is guaranteed freedom of scientific and technical creativity and the right to enjoy cultural benefits.

The state cares about cultural, scientific and technical development of society.

The current Civil Code RUz enacted in March 1, 1997 (last revision in 2010) also secures your right to intellectual property.

Article 81. Type of the object of civil rights

The following includes objects of civil rights:

tangibles including cash and securities,  other items, property, including proprietary rights, works and services, inventions, industrial prototypes, works of science, literature, art and other results of intellectual activity, as well as personal non-proprietary rights and other tangible and intangible benefits.

Rights to the results of intellectual activity belong to intangible benefits.

Article 97. Results of intellectual activity

In cases and by the procedure established by the present Code and other laws, an exclusive right of a citizen or a legal entity is recognized to the results of intellectual activity and to means equated to them of individualization of a legal entity, of production of a physical or legal entity, works or services fulfilled (firm name, trademark, service mark, etc.).

Use of results of intellectual activity and means of individualization that are the object of exclusive rights may be made by third persons only with the consent of the rightholder.

 

PROTECT YOUR RIGHT

TO INTELLECTUAL PROPERTY

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Inheritance law

You are a testator or heir, but do not know …
How to execute or receive inheritance?
Or how to come into inheritance?
Or
How to dispose of it? 
We have the answers to your questions,

Be aware that all these matters are legally regulated. Particularly, the Civil Code of the Republic of Uzbekistan says:

Article 1112. Bases for inheritance

Inheritance is conducted by will and by operation of law.

Inheritance by operation of law takes place when and to the extent that is not changed by will and also in other cases established by the present Code.

Article 1118. Heirs

Heirs under will or a Law may be citizens who are among the living on  the  day  of  opening  of  the  inheritance  and also children conceived during the life of the deceased and born alive after the opening of the inheritance.

Heirs under will may be also legal entities who were created at the day of opening of inheritance, a state and institutions of local governing.

Article 1116. Opening of the inheritance

An inheritance shall be opened upon  the death of a citizen or declaration by a court of him as dead.

The day of opening of the inheritance is  recognized as the day (necessarily and moment) of death of the deceased and in the case of declaration him as dead – the day of entry into legal force of a decision of a court declaring the citizen as dead, unless another day indicated in the decision of the court.

If, within a calendar day (twenty four hours), persons who have the right to inherit one after another have died, they are recognized as dead simultaneously, the inheritance shall be opened after each of them and heirs of each of them may be called to inheritance.

WE WILL ASSIST YOU IN RESOLVING ALL OF YOUR ISSUES RELATED TO ACCESSION TO THE HEIRSHIP OR DISPUTES OVER INHERITANCE!

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Family law

Need a prenuptial agreement or assistance in the divorce suit?

Our lawyers will help you.

Be aware that conclusion of a prenuptial agreement is secured by the LAW according to the Family Code RUz:

Article 29. Prenuptial agreement

A prenuptial agreement is the agreement between persons entering into a marriage, or agreement between spouses, defining proprietary rights and responsibilities of spouses in marriage and (or) in case of marriage dissolution.

Article 36. Contractual relations between the spouses

Spouses have the right to enter into all kinds of property and contractual relations permitted by the law.

Agreements between spouses aimed at restricting the rights of either of spouses are deemed invalid.

Article 37. Basis for marriage termination

Marriage discontinues by death or declaration by the court of one of the spouses to be deceased.

Marriage may be discontinued through dissolution at request of one or both spouses, as well as at request of the trustee of a spouse recognized by the court as incapable.

OUR LAWYERS WILL HELP YOU!

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