Drafting and legal expertise of contracts according to Russian law
The focus of civil relations is very diverse and requires documenting them through the preparation of relevant contracts and agreements according to Russian law. In addition, each type of contract (for example: rent, purchase and sale, delivery, contracts for the provision of services and paid services, etc.) requires qualified legal expertise for not only compliance with the requirements of contract law, but also other civil law, tax and currency laws (in case of conclusion of foreign trade contracts), legislation on public procurement (in case of conclusion of state or municipal contracts), etc. An important goal is to maintain a balance of interests of contracting parties to achieve a positive economic result and prevent the unfair behavior of one of the party as a result of which the interests of the other party may be violated.
In this regard, a formal approach in securing a contractual relationship without a legal expertize of a contract may give rise to subsequent intractable conflicts, which will lead to possible additional costs for their settlement, and may also lead to significant losses.
In this regard, the work of a lawyer in the process of building contractual relations is of particular importance.
In particular, in when drafting and legal expertize of contracts according to Russian law, the following points should be analyzed:
• determination of the legal framework of economic relations, the formalization of which is carried out through the conclusion of an agreement (contract);
• legal verification of the reliability of a counterparty;
• analysis of potential risks of unfair behavior of a counterparty, as well as his solvency (for example, accounts of a legal entity may be arrested or a counterparty may have a reputation as a person evading the performance of obligations under similar contracts, as well as a bankruptcy case, etc.);
• verification of the authorities of the parties (their representatives) to conclude a contract (an agreement);
• analysis of a contract on the subject of conclusion and validity, compliance with the requirements for the form and procedure for concluding an agreement;
• detailed settlement of the rights and obligations of the parties and the procedure for their implementation;
• determination of the price of a product, work or service or the procedure for their determination, taxation, and payment procedure;
• analysis whether the relationship will be complicated by a foreign element;
• elaboration of questions about the timing of the parties' fulfillment of their obligations;
• establishment of measures of responsibility for a violation by the parties of their obligations, as well as the establishment of procedures for the settlement of disputes that may arise with the determination of the timing of the consideration of claims. In addition, it is often important for the parties to determine in advance the competent court in which they would like the dispute to be adjudicated if it is not settled in the pretrial order (within the limits defined by the current legislation);
• determination of the timeframes for the parties to fulfill their obligations and the cases when such dates are subject to change;
• determination of a confidentiality regime, protection of commercial and other secrets when entering into and executing an agreement;
• search for ways to resolve cases of force majeure;
• settlement of the procedure and conditions for the amendment and termination of the contract;
• anti-corruption clauses in accordance with Russian legislation.
The above list of questions is not exhaustive and affects only the main problems that participants in civil legal relations may face.
It is important to note that legal support in drafting and legal expertise of contracts is not limited to drawing up contracts or verification of draft contracts submitted by counterparties, but includes a very wide range of services.
BRACE Law Firm renders the following services in the specified direction:
- legal support in negotiating, anticipating the subsequent entry into contractual relations;
- informing about possible risks when concluding contracts, as well as building a strategy of contractual relations that most corresponds to the interests of their participants;
- drafting of various types of contracts and agreements;
- comprehensive legal expertise of contracts submitted by counterparties;
- legal support to the parties to the contractual relationship in the process of performance of a contract;
- legal support for the settlement of disputes arising in the course of the contract, including the drafting of claims and participation in pre-trial negotiations;
- support of the settlement of a contractual dispute in court.
- Legal protection of confidential information according to Russian law
- Drafting documents aimed at compliance with anti-corruption legislation
- Legal support of foreign companies in Russia
- Preparation and alignment with the law internal policies and other local acts according to Russian law
- Legal support of online trading
- Legal support of product promotion and advertising campaigns
- Legal support of personal data protection and processing