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The municipality included in the Moscow Oblast held an auction for the right to conclude a contract for development of built-up area. However, the municipality signed the contract after it was included into the jurisdiction of Moscow. Later on a public authority withheld the contract performance for several years.Legal certainty violated due to changes in composition of constituent entities of the Russian Federation could be restored only in the process aimed not at a particular court resolution, but a well-defined statement of reasons finding the facts related to contract execution and performance.This required bringing opposite legal views in the process. The winning bidder raised an action to compel the Moscow Government to enter into a contract based on the auction results, claiming that although the bidding was lawful, the municipality had no authority to conclude such contracts since it became a part of Moscow City. The third party, the company client, in its turn, asserted that the contract is valid, moreover, that rights and obligations thereunder were transferred to the third party. The claim was not satisfied. However, not only the third party and a defendant won the case, but the plaintiff as well. Insofar as the stated reasoning is concerned, the court specified the facts associated with execution and performance of the contract, and came to conclusions on the right, which resolved the legal uncertainty in a matter in controversy. -
Rightmark Group was approached by a customer interested in purchase of investment-attractive land for the subsequent integrated housing development thereof. The necessary area planning documentation for these land plots was not, however, approved at that moment, thus considerably raising the buyer’s risks.Rightmark Group lawyers developed and proposed to the parties an agreement of purchase and sale of future land plots according to which the seller undertook to re-form the existing land plots after approval of the development and boundary-setting plans. The parties agreed on the minimum acceptable construction parameters for the formed parcels (total useful floor area and non-residential gross floor area in apartment buildings) as essential conditions. The parties also entered into an agreement of mortgage of existing land plots in order to ensure repayment of money to the buyer, if the agreement of purchase and sale is terminated.Further assistance will be provided to the customer in performance of agreements and registration of title to the newly-formed land plots after full payment thereof. -
Rightmark Group lawyers represented interests of BaltStroyServis LLC in courts of the first to third instances in a case based on a claim brought by LLC Yuridicheskaya Kompaniya under the construction contract. After completion of the case BaltStroyServis LLC submitted an application for compensation of incurred legal expenses.The first-instance court considerably reduced the amount demanded, while the court of appeal and court if cassation affirmed the first instance order.However, reasons produced by Rightmark Group lawyers in a supervisory appeal convinced the Supreme Arbitration Court of the Russian Federation of the need to reconsider the judicial act which considerably reduced the amount of legal expenses under the new circumstances.The judicial act considerably reducing the amount of legal expenses will be reconsidered under the new circumstances due to efforts of Rightmark Group lawyers. -
Head of Khimki City District Administration (Moscow Oblast) issued permits for construction of the Mendeleev Residential Complex. However, afterwards the Administration arbitrarily cancelled the development plan and housing project construction permit. This resulted in violation of interests of both developer, Etalon LLC, and shared construction participants.Rightmark Group representing the developer interests applied to the Moscow Oblast Arbitration Court for cancellation of the orders of the Khimki City District Administration. After months of legal controversy, Rightmark Group lawyers convinced the first instance and appeals courts to rule that the aforesaid orders were illegal and void (Khimki City District Administration did not appeal in cassation against court of appeal rulings). Thus, failure to meet deadlines for the house construction and transfer of apartments to citizens was prevented.Original photo: http://www.lidgroup.ru/realestate/residential/v_himkah/about/
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The court dismissed a bad faith bankruptcy trustee thanks to efforts of Rightmark Group lawyers.
Within the scope of LLC DOK bankruptcy proceedings, a bankruptcy trustee appointed by court did not perform duties imposed thereon in good faith: failed to take measures aimed at decrease of current lease payments of the debtor, did not sign a settlement agreement approved by all bankruptcy creditors, except for the creditor to which a bankruptcy trustee was an interested party.Due to inequitable conduct of the bankruptcy trustee and interest thereof with regard to one of the creditors, bankruptcy creditors applied to the court with a complaint against actions of the bankruptcy trustee and a motion to suspend the latter from duties imposed thereon. Interests of bankruptcy creditors were represented by Rightmark Group lawyers.The first instance court dismissed both the complaint and the motion. Rightmark Group lawyers, however, convinced the court of appeal that the bankruptcy trustee acted in bad faith, and violations committed by him were material. The court of appeal cancelled the first instance court ruling and suspended the bankruptcy trustee from duties imposed thereon. -
Due to planned division of business between shareholders of ZAO (private limited company), a need arose for a proportional asset allocation without prejudice to any existing ZAO rights, titles and interests or contractual obligations assumed earlier. Following the results of the preliminary document evaluation, several options were suggested to the client. Following our recommendations, a decision was made to reorganize ZAO by separation of a new legal entity to which part of the company property is transferred, including rights and obligations under a contract for lease of a land plot provided for construction for investment purposes.Results of the work carried out by Rightmark Group lawyers included financial analysis of the legal entity, comprehensive plan for reorganization, and implementation of all procedures required by the law. After ZAO establishment, legal support was provided to the client in preparation and filing of documents for state registration of the new company stock issue. -
The Committee for Architecture and Urban Development approved the land plot development plan submitted by Kremlevskie Palaty LLC (InvestStroy) with material law violations. The company was entitled to develop only 10% of the purchased land plot area, instead of 90% thereof. Previous attempts of the Company, including its appeal to the court for invalidation of certain provisions of the land plot development plan were not successful. The first instance court dismissed the asserted claims, including due to partially incorrect wordings of the petition declaration.
Rightmark Group represented the company after the relevant decision was appealed. Experts of our company convinced the court of appeal that the claims asserted by the client were subject to satisfaction, while the first instance decision should be revoked, even despite the fact that the original claims and the appeal petition were incorrectly worded.
Rightmark Group lawyers convinced the court that notwithstanding the imperfect petition form, the claims were reasonable in matter, as violations committed by the Committee materially interfered with the right to develop the land owned by the company. The court of appeal granted the appeal and satisfied the claims of the company, invalidating the land development plan insofar as the disputed elements are concerned, and compelling the committee to bring it in compliance with the current statutory requirements. Understanding the strength of the case prepared by Rightmark Group lawyers, the Committee for Architecture and Urban Development did not appeal in cassation against the court of appeal ruling issued in favour of our principal. -
Rightmark Group lawyers provided comprehensive support of the process of purchase of a land plot in Shushary settlement, including the real property located therein. Provided that the purchased real property was mortgaged with a bank, our company elaborated and agreed upon a scheme of partial contract price payment using a letter of credit for early mortgage termination. The funds under the letter of credit were transferred directly to the bank for the seller credit repayment.As a result, Rightmark Group ensured conclusion of a contract of purchase, release of bank mortgage of the land plot and real property, and state registration of the purchaser title to real property. Further legal assistance was provided to the parties in proper performance of contract and execution of documents on discharge of obligations, as well as release of mortgage of the land plot and real property in favour of the seller. -
Construction of multi-storey housing is commenced in the territory intended for integrated development in Vsevolzhsky district of Leningrad Oblast. Rightmark Group built relationships understandable to the land owner and Leader Group construction company, which enabled timely formation of land plots for multi-storey housing within the aforesaid territory, release the property of mortgage and start multi-storey housing construction funded by natural and legal persons in accordance with the Federal Law No.214-FZ.The parties were provided a transparent and clear settlement plan based on instalment payments using both non-cash resources and other assets. This enables the construction company to timely perform its contractual obligations, and makes it possible for the parties to a transaction to maintain positive advantageous relations over the years. -
Transaction support included assessment of an architectural feasibility of construction of apartment buildings with the designed specifications and within the established time limit, including development of transport, utility and social infrastructures. Due to efforts of our lawyers, a lengthy process of contract negotiation resulted in execution thereof.The developed contracts are distinguished by detailed regulations stipulating the instalment payment procedure, performance bonds, penalties, as well as rights and obligations of the parties in case of the contract termination. The parties also agreed on a non-conventional method of contract price payment. The seller of the land plots acquires rights for a part of residential properties to be created by the purchaser in the apartment buildings under construction as a consideration. The contract also contains an algorithm of land plot price modification depending on changes in the area of apartment buildings under construction. As a result, Rightmark Group developed and suggested to the parties to a transaction a contract establishing, comprehensively and in detail, relationships of the parties, and, above all, protecting interests of the land plot purchaser.