Projects Page 25
The biggest securities operator in the Republic of Belarus
A criminal case was initiated against officials of the biggest Belarusian securities operator on suspicion of evasion of taxes on an especially large scale.
Our counsel managed to decrease the sum of alleged damage by 10 times, and to have the measure of restraint changed from detention to recognisance not to leave.
The investigating authority did not bring a charge, which is quite rate in Belarus in this category of criminal cases. The measure of restraint was changed from detention to recognisance not to leave and pledge of proper conduct.
The suspicion that instigated apprehension and detention was disproved by defence.
At present, a tax inspection of certain corporate matters is being conducted, its findings to provide a conclusive resolution of the criminal case.
A leading Belarusian commercial property compan
Several company officials were charged with a criminal case on suspicion of evasion of taxes on an especially large scale. The alleged evasion scheme included, in preliminary investigation body’s opinion, an arrangement of conditions to distribute proceeds between business entities created in consequence of company’s successive re-organisation.
Due to successful counsel’s activities, suspicions from a number of officials were cleared (the criminal case was terminated in default of component of crime). Also, during the preliminary investigation, the measure of restraint in regard to the main person involved was changed from detention to another (not involving detention). During the preliminary investigation, the defence managed to decrease both the period of alleged crime and the extent of damages: from 6 years to only 1 year, and, consequently, decrease the extent of damages 6 times. Following investigation results, a request for release from criminal responsibility was filed pursuant to art. 88-1 of the Criminal Code of the Republic of Belarus.
A major Belarusian private pharmaceutical enterprise
A criminal case was initiated against the company owner on suspicion of giving bribes to officials:
• for the purpose of positive expert evaluation with respect to registration of pharmaceuticals
• for the purpose of unhindered realisation of pharmaceuticals in the territory of the Republic of Belarus (p. 2 art. 431 of the Criminal Code, due to recurrence)
In the Republic of Belarus, the ratio of absolutory sentences in such cases is only about 1%.
Due to defence’s activities, the court absolutely acquitted the charged official in one episode. The other episode was re-qualified for p. 1 art. 431 (crime without recurrence).
Period under guard during the preliminary investigation and during the legal investigation was accounted as a partial term for servicing punishment, and on the day of judgment the defendant was released from under guard in the court room.
Representing a foreign private company
We conducted an intracorporate investigation of embezzlement and excess of office power as part of company’s internal audit commission. We prepared an expert opinion.
On the basis of our expert opinion, a criminal case was initiated on suspicion of official crime against former company director, and the claimant was acknowledged as the civil plaintiff in the criminal case.
Successful completion of a criminal case at the stage of preliminary investigation
A former company CEO was facing a criminal on suspicion of official crime due to a major transaction involving purchase of real estate.
Due to our successful protection measures, the criminal case was terminated at the stage of preliminary investigation due to absence of component of crime.
GeoPard
Comprehensive legal support for a company offering innovative solutions in the AgTech sector.
A major chain of electronics / domestic machines stores
Consulting a major Belarusian chain of electronics / domestic machines stores in regard to the application of cl. 5 and 5, art. 33 of the Tax Code of the Republic of Belarus, and in regard to the risk of foreign company’s having a permanent establishment in the Republic of Belarus.
A joint Belarusian-Czech enterprise
Consulting on VAT taxation and on the validity of applying a ‘zero’ VAT rate.
A leader among mobile games developers in CIS
Consulting on taxation of incomes from selling property, taxation of incomes from employees and payment of compulsory state insurance employee contributions
A recycling company
Consulting on compliance with taxation and currency exchange legislation and FATCA regulations in the course of securities transactions.
A Belarusian Forex company
Consulting on the taxation of incomes of foreign companies not doing business in the Republic of Belarus via a permanent establishment, and the taxation of incomes from Forex market operations.
A EU company, a leader in producing crop protecting agents
Consulting on risks of doing business in the Republic of Belarus via a permanent establishment.