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Our practice shows that most civil disputes and a significant proportion of criminal cases arise from the failure of counterparties to properly draw an agreement. With the exception of large business entities, most businesses and private persons enter into civil relationships either in a form of verbal contract or by using Internet-downloaded contract templates whose provisions cannot take into account all the circumstances of a particular relationship, and often the provisions of such contracts are in complete contradiction with the peremptory (norms that are mandatory according to legislation and cannot be changed by the agreement) norms. It is also not uncommon to conclude contracts without obtaining the necessary authorizations or approvals in certain cases. As a result of this negligence, private persons and companies suffer millions of dollars in losses or are caught in the orbit of criminal prosecution.
Our company offers legal support services of the highest quality. When you hire us, you can be absolutely certain that there are no defects in the contracts, which can lead to litigation and/or serious losses.
Error vel ignorantia juris non excusat is a roman phrase meaning «Ignorance of the law does not exempt from liability» – this postulate has been fixed in practically all legal systems since ancient times. In the twenty-first century, however, the law had become so pervasive in everyday life that even professional lawyers could no longer know all the laws. For example, almost two million laws and other regulations are officially registered in our country, imagine the hard time you are going to have exploring and understanding them all. It may also be difficult for a subject without a higher legal education, practical experience and knowledge of law enforcement to grasp the intricacies of legal regulations. Often, regulations may contradict one another, have gaps, are imprecise or even completely detached from real life. In our practice, as a result of the constantly changing legal regulatory environment, a company did not comply with the requirements of the Ministry of Emergency Situations upon installation of new industrial equipment. Ten years later, a pressure receptacle exploded in the workplace, killing two workers and injuring another seriously, in addition, property damage of more than $1 million was caused to the property of the entity itself and to third parties. As a result, a criminal investigation was initiated against the founder and the CEO, which was investigated for more than a year. This story has a happy end: our team managed to successfully dismiss the criminal investigation, having proved that there was no connection between the violation and the explosion. However it cost a significant amount of money and nerves to the company’s management. There are many examples like that in our practice. Many problems could be avoided if a legal opinion was requested before managerial decisions were made.
Our company is capable to thoroughly study all the nuances of the subject, to identify and evaluate the associated legal and operational risks and to give the client precise recommendations or to draw up a step by step action plan. The cost of such a service would be more than offset by the losses that could be avoided through legally correct actions.
The conduct of business is very different from ordinary civil relations between private persons. Kazakhstan’s legislation sees the shareholders and the management of legal entities (companies and non-profit organizations) as professional players in legal relationships, which is reflected in the legal regulatory environment of corporate relations. It is essential, both in the establishment of a legal entity and in the course of its activities, that the founding documents be duly drawn up, that general meetings of the participants (shareholders) or congresses (conferences) shall be called up and held in strict accordance with the law, and that the decisions taken be duly formalized, avoid entering into transactions that are contrary to the company’s charter or the law and so on. For example, in our practice, there have been several cases where a director of a company has been the subject of a criminal investigation because of a significant transaction he executed without a proper approval of the general meeting of the participants. Further pitfalls lie in the reorganization of legal entities (mergers, joints, partitions, allocations and conversions).
Over the years our team has accumulated good experience in the organization and conduct of corporate events, documentation, consulting of clients on the issues of corporate decision-making and resolution of corporate disputes.
Our team provides high-quality representation in courts and arbitrations in all categories of civil disputes: debt collection, corporate disputes (disputes between parties to legal entities or between parties and the legal entity itself), reimbursement of damages, claims for joint property ownership, claims for the protection of honour, dignity and business reputation (defamation suits), divorce proceedings; Labour disputes, termination of contracts, claims for invalidity of transactions, disputes with monopolists, etc. During the 9 years of the firm’s existence we represented more than 200 clients, of which more than 100 are commercial disputes.
In all cases we make great efforts to reach a mutually beneficial agreement between the client and his opponent in the dispute. Such an approach makes it possible to significantly reduce the client’s costs for the services of lawyers, to minimize the time needed to obtain the desired result and to maintain good relations with the counterparty. Our statistics are 90 per cent of successful cases resolution, meaning that on 90 % of the cases the courts have made decisions in favour of our clients.
The managing partner of the firm, Askar Kaymakov, is a licensed lawyer and a member of the Almaty City Bar Association. The experience of Askar includes being a police investigator, a bank manager and more than 10 years of private practice with our firm.
We provide services for both the defence of suspects and defendants and the representation of victims at all stages of criminal process.
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