About us

Enforcement proceeding it is a process aimed at the forced collection of debts by the competent authorities on the basis of a decision on debt collection and a court order.

UKPSB advocates have gained unique experience in this area. Our team consists of specialists who in the past were directly involved in debt collection as judges and senior bailiffs.

Currently we cannot imagine the prompt and successful collection of debts in enforcement proceedings without proper legal support.

Legal assistance from UKPSB advocates in debt collection includes the following:

• advice, requiring familiarization with the materials of enforcement proceedings;

• submission of an application to initiate enforcement proceedings (application for debt collection);

• submission of petitions to take measures to ensure the execution of a writ of execution;

• submission of petitions to cancel measures taken to ensure compliance with the requirements of the writ of execution;

• submission of applications for temporary restriction of the debtor’s right to drive a vehicle, as well as for temporary restriction of the debtor’s right to leave the Republic of Belarus;

• submission of complaints against the actions (inaction) of the bailiff;

• representing the client's interests before enforcement authorities.

Request for the specified types of legal assistance provided by advocates of the Minsk Regional Specialized Legal Advice Office on Juridical Support to Business, thanks to an individual approach to each client and many years of experience in the field of debt collection (not only in the status of representatives of the parties to enforcement proceedings, but also in the status of bailiffs) will give you the opportunity to:

• avoid mistakes in initiation of enforcement proceedings;

• obtain professional control over the course of enforcement proceedings;

• choose the most appropriate strategy for interaction with the bailiff;

• reduce cases of debtor evading payment of funds.

In the course of economic activity, businessmen are often faced with the need to resolve issues in the areas of business ethics, anti-corruption, corporate fraud, taxation and regulatory compliance.

UKPSB advocates have significant experience in conducting complex litigation, as well as successfully advising clients of large state and private companies on issues of reducing the risk of criminal liability.

To act effectively in such complex and sensitive matters requires experience in interacting with various law enforcement and regulatory agencies, advising on contentious and non-conflict aspects and related issues such as public relations, shareholder communications, insurance and employment matters.

Our advocates handle the most sensitive client cases and can assist you with all aspects of corporate criminal matters, including defending companies, CEOs and employees in criminal prosecutions.

We advise our clients on the resolution of disputes with government agencies, as well as related disputes, including corporate and labor disputes.

The scope of legal assistance provided includes:

- protection of the suspect/accused at all stages of the criminal investigation process, starting from the moment the person is detained (preparation of petitions, visits to pre-trial detention centers, providing legal advice);

- participation as a representative of the victim at all stages of the process (preparation of petitions, civil claims, legal advice), etc.

Corporate law is one of the issues that needs to be given special attention in the activities of business entities. Our advocates will help streamline and harmonize many legal issues underlying business activity.

Legal assistance in the field of corporate law is one of the most popular areas in our legal advice activities: businesses feel the need to turn to a professional at any stage of their activities.

The most common areas of work of our advocates in this area include:

- judicial representation of clients' interests in resolving corporate disputes;

- representing clients’ interests during negotiations with partners and contractors for the purpose of pre-trial settlement of corporate disputes;

- M&A, business restructuring, company reorganization;

- legal support of investment projects;

- development, legal assessment, verification of compliance with the law of documentation of a business entity (constituent documents, local regulations on governing bodies, other local acts of the enterprise);

- legal support of transactions with securities, shares in authorized funds, etc.

One of the main areas of legal assistance in the field of corporate law is protecting the interests of the client in resolving corporate disputes. Such disputes, unfortunately, appear quite often in the process of business development and activity. Mostly, disputes arise between founders, managers and other officials, including disputes of challenging decisions of management bodies or completed transactions, compensation for losses from the actions of members of management bodies of a legal entity, forcing a legal entity to respect the rights of participants (shareholders), etc.

At the same time, we believe that one of the tasks of a corporate law specialist is to prevent litigation in order to help the client avoid litigation, since corporate disputes primarily negatively affect the company’s performance. However, if it is not possible to resolve controversial issues before the court proceeding, advocates will help determine the correct and lawful strategy of action, ensure the collection of evidence and preparation of all procedural documents, and protect your rights and legitimate interests in court.

Legal support in mergers and acquisitions (M&A) transactions is also included in the list of legal assistance we provide. As a rule, to evaluate the acquired business, our corporate law specialists carry out a legal audit of all the main assets and liabilities of the enterprise, including in the field of labor relations, fulfillment of obligations to contractors, ownership of real estate, other fixed assets and intangible assets, as well as any current and potential litigation.

In general, corporate law includes all legal issues related to the activities of a business entity in order to bring them into compliance with established requirements. For example, legislation obliges business companies to hold regular meetings of governing bodies, and depending on the chosen corporate governance structure, it also imposes a number of requirements for the legal formalization of this structure. Our scope of work includes ensuring that our clients comply with these rules.

Having significant experience in many areas of providing legal assistance in the field of corporate law, we are ready to help you resolve the legal issues of your business in the field of corporate governance, freeing up your time to solve strategic business issues.

UKPSB advocates provide qualified legal assistance to all participants of construction activities on all types of construction disputes, including those related to:

- recovery of the cost of work performed, provided and not provided for by the contract (additional work);

- the quality of construction and installation work performed;

- the invalidity and non-conclusion of a construction contract;

- forms of securing the fulfillment of obligations under construction contracts (deposits, reservations, bank guarantees and other methods of security in construction contracts);

- the collection of legal and contractual fines and penalties.

Our team has extensive experience in contractual work in the field of construction relations:

- structuring relations between construction participants;

- preparation of contracts concluded during the construction process (contracts for design, construction and reconstruction, project management, implementation of technical supervision functions, etc.);

- conducting negotiations with counterparties;

- resolution of construction disputes.

Our advocates have extensive experience in supporting the construction of major facilities, including industrial enterprises, various real estate properties (offices, retail premises, hotels, warehouses, housing, etc.).

UKPSB advocates provide qualified legal assistance on tax issues, namely:

- legal advice and assistance on tax law;

- tax planning;

- resolution of tax disputes;

- preparation of responses to requests from tax authorities for the provision of documents and explanations within the framework of tax audits;

- making adjustments to existing provisions in inspection reports of tax authorities, preparing and/or submitting objections to the inspection report;

- accompanying the taxpayer to the tax authorities, also when considering tax audit materials, complaints, and conducting surveys;

- avoiding bringing a bona fide taxpayer to tax liability;

- protective measures within the framework of on-site and desk tax audits;

- pre-trial settlement of disputes, representation in court, as well as appealing court decisions.

Our advocates will qualitatively and promptly assess the prospects of the dispute, develop a defense strategy, prepare the necessary procedural documents and represent interests of our clients in court.

The international arbitration practice of UKPSB occupies a leading position in Belarus. Our advocates have experience representing national and foreign companies in arbitration proceedings at various arbitration institutions.

Our team has rightfully earned the title of the best Belarussian legal advice office in the international ranking of the Russian Arbitration Association (RAA) in the categories “International Arbitration and Mediation”.

Dispute resolution in international commercial arbitration is a rather complex procedure. A participant in an international arbitration process is faced with the need to select a competent arbitrator, agree on a procedural schedule for conducting international arbitration proceedings, collect the necessary evidence, prepare documents confirming the specifics of the application of foreign law, prepare for cross-examination of witnesses, etc.

UKPSB advocates have significant experience in participating in international arbitration cases under the rules of the Chamber of Arbitrators at the Union of Lawyers, IAC at the BelCCI, ICAC at the RF Chamber of Commerce and Industry, VIAC, ICSID, SCC, SIAC, CAS.

Our advocates are recognized experts in the field of international commercial arbitration, which is confirmed by their inclusion in the recommended lists of arbitrators of the International Arbitration Court "Chamber of Arbitration at the Union of Lawyers", the London Court of International Arbitration (LCIA), the Vienna International Arbitration Center (VIAC), the Center for Energy Dispute Resolution disputes (EDAC, Turkey), Guangzhou Arbitration Commission and Shanghai Arbitration Commission (China), Shenzhen International Court of Arbitration (SCIA), Russian Arbitration Center, ICAC at Russian CCI, Sports Court of Arbitration at the Belarusian Republican Union of Lawyers

It should be noted that our specialists often act as arbitrators themselves when considering disputes in various arbitration courts.

The signing of an international contract must be approached very thoughtfully, calculating all possible risks in advance.

When formulating the terms of an international contract, it is necessary to pay special attention to the issues of determining the applicable law, transfer of risks and ownership rights, ensuring the fulfillment of obligations, determining the procedure for settlements, establishing measures of liability for improper fulfillment of obligations, formulating force majeure clauses, which is becoming more and more popular in conditions for the application of international sanctions.

Special attention must be paid to drawing up a clause on the selection of a competent body to consider disputes arising from the contract.

Among other things, it is necessary to remember that, as a rule, an international contract is drawn up in two synchronous language versions and requires correct terminological translation.

UKPSB advocates are ready to provide assistance both in the process of preparing an international contract and at the stage of negotiations for its conclusion, as well as to advise clients on the implementation of an already concluded international contract.

Unfortunately, not all international contracts are executed in good faith by the parties. The most popular way to resolve foreign economic disputes is international commercial arbitration.

The sanctions regulations of the European Union, Great Britain and the United States regarding companies in the Republic of Belarus are becoming increasingly restrictive. Some restrictions are sectoral (for example, a ban on long-term lending or the supply of potash fertilizers), and some are personal in nature (for example, freezing the assets of legal entities and a ban on interaction with them).

UKPSB advocates have significant experience in countering sanctions and finding ways to solve existing restrictions. UKPSB advocates are ready to provide legal assistance on:

• consulting on issues of sanctions regulation;

• support of the procedure for exclusion from sanctions lists;

• development of a strategy for conducting business activities by persons included in the sanctions list;

• introduction of sanctions and anti-sanction force majeure clauses into contracts;

• analysis of international contract provisions for the presence of sanctions risks and its corrections.

UKPSB advocates have significant experience in coordinating mergers and acquisitions and company restructuring with the antimonopoly authority.

Our advocates provide legal advice on the application of antimonopoly legislation; protection against unfair competition, provide support for approval of transactions and business restructuring (economic concentration) with the Ministry of Antimonopoly Regulation and Trade of the Republic of Belarus (MART); represent the interests of clients during an audit (investigation) by the Ministry of Antimonopoly Regulation and Trade of the Republic of Belarus (MART).

UKPSB advocates have positive experience in supporting the procedure for excluding legal entities from the List of legal entities whose participants (shareholders) are prohibited from alienating their shares in the authorized funds of such legal entities.

If necessary, we accompany the client when appealing decisions of the Ministry of Antimonopoly Regulation and Trade of the Republic of Belarus (MART) to establish the presence (absence) of violations of antimonopoly legislation.

UKPSB advocates have extensive experience in advising and representing clients in courts in disputes related to violations of the procedure for public procurement, procurement in construction and procurement at their own expense. UKPSB advocates have extensive experience in conducting legal audits of completed procurement procedures.

Bankruptcy relations are a complex area that requires experience and the participation of professionals with a wide range of knowledge in the law and economics of business entities.

UKPSB advocates have been directly involved in the most complex bankruptcy cases from both creditor’s and debtor’s sides. Many years of experience show that only an active position of the creditor, analysis of the debtor’s transactions, competent selection of anti-crisis managers, etc. can contribute to the real return of funds.

Our advocates have developed extensive law enforcement practice in countering unscrupulous debtors, which allows us to quickly respond to any changes in bankruptcy procedures and save the client’s time.

Support for a bankruptcy case includes:

- representing the client’s interests in economic court;

- analysis of the financial and economic activities of the debtor;

- identification of assets, determination of prospects for debt repayment, taking into account the identified assets;

- unraveling the schemes by which funds or other assets of the debtor were withdrawn;

- challenging the debtor's transactions;

- holding the manager (founders) accountable.

UKPSB advocates have significant experience in supporting the voluntary liquidation process of legal entities.

Our attorneys are ready to provide legal assistance in the development and analysis of documents used to protect personal data.

If necessary, we can prepare for you the following documents:

- Policy on the processing of personal data;

- Regulations on the processing of personal data;

- Data processing agreement;

- Data transfer agreement;

- Form of consent.

As a part of the administrative process, our advocates will provide the following types of legal assistance:

- participation as a defender of a person in respect of whom an administrative process is being conducted: oral advice, familiarization with the case materials, defense in court and before the body conducting the administrative process, appealing decisions;

- participation as a representative of a legal entity in respect of which an administrative process is being conducted: oral advice, familiarization with the case materials, representation of interests in court and the body conducting the administrative process, appealing decisions;

- participation as a representative of the victim.

Our advocates provide legal support in representing the client’s interests in the courts and providing expert advice to clients wishing to formalize a marriage contract, guardianship, divorce and divide property, including shares in companies, etc.

In case of necessity, our advocates specializing in family law take a comprehensive approach to solving assigned tasks, interacting with advocates on corporate, tax, and criminal law, which allows us to foresee and neutralize other negative consequences affecting the client’s financial situation.

Considerable experience in conducting divorce proceedings allows us to quickly resolve issues regarding the division of property, registration of child support and alimony, and determination of the child’s place of residence in court. etc.

In addition to these areas of family law, we provide legal assistance on related issues of citizenship and inheritance, including challenging a will and establishing the fact of family relations.

The rights of business entities in the field of intellectual property are a constant target of violations by entities that are unable to independently create their own brand, come up with a worthwhile idea or develop a program that will win the hearts of millions of people.

This problem is especially acute in the rapidly developing field of information technology, where hundreds of ideas and programs appear every day that can bring their developers a fortune.

Timely and professional protection of intellectual property rights can protect a company from unfair competition and save significant financial resources in promoting its own brand, ideas, goods (works, services).

UKPSB advocates have significant experience in protecting the interests of copyright holders of intellectual property, including in matters of registering trademarks and service marks, obtaining patents, protecting copyrights (rights to computer programs), combating counterfeit products, drawing up licensing and sublicensing contracts, agreement on the assignment of rights to intellectual property. Our advocates have repeatedly represented the interests of their clients in disputes in the field of intellectual property in the Judicial Collegium for Intellectual Property Cases of the Supreme Court of the Republic of Belarus.

UKPSB advocates are always ready to help their clients and protect their interests from unscrupulous competitors, in particular in the following matters:

Industrial property:

- registration of a trademark, protection of intellectual property rights in relation to trademarks in court, entry of trademarks into the customs register of the Republic of Belarus, protection of intellectual property rights in relation to trademarks in administrative proceedings;

Copyright.

- preparation and support of agreements for the assignment of exclusive rights, license agreements, copyright agreements, copyright licenses, agreements on the creation and use of copyright objects, protection of copyright in court;

Support for gambling business in the Republic of Belarus:

- providing assistance in obtaining a license for the right to carry out activities in the field of gambling business and making changes to the license, agreeing on the location of gambling establishments, providing assistance in the certification of gambling equipment, representing interests before government, regulatory and law enforcement agencies.

Freight forwarding and cargo transportation itself are areas of permanent risk of legal disagreements, which often develop into disputes. Often, controversial situations arise due to shortcomings in contractual work, document management with counterparties in the process of execution of contracts, risk situations (road accidents, theft, etc.).

The work of resolving disputes in cargo transportation and freight forwarding is especially complicated if they are cross-border in nature. This factor implies such potential complications as the need to correctly resolve issues of the law applicable to the resolution of the dispute, determination of the dispute resolution body, questions about the presence or absence of force majeure.

UKPSB have broad and rich experience in legal work in the field of freight forwarding and cargo transportation and can provide the following qualified legal assistance:

- legal advice, including, if necessary, documentation examination provided by the client;

- determination of the prospects of the dispute, possible scenarios for its development;

- assistance in developing a legally competent and advantageous position;

- development of documentation and the client’s business model to identify legal risks and shortcomings, compliance with legislation;

- conducting claims work;

- support of cases in courts and arbitration;

- alternative resolution of consumer disputes, including mediation.

Doing business, it is important to take into account that sometimes controversial issues arise and cannot always be resolved out of court.

In addition, in their activities, business entities have to face the inevitability of protecting their violated rights and legitimate interests, as well as interaction with government bodies, which has certain specifics. In this case, there is a need for highly qualified legal assistance.

Legal outsourcing is a good opportunity to transfer the conduct of company’s legal  affairs into the hands of highly qualified specialists.

The advantages of this type of service include the following:

- optimization of working time and document flow;

- maintaining the legal status of the company;

- outsourcing does not require an expansion of the workforce, and also does not involve costs for maintaining staff;

- the work is performed by competent specialists who are aware of the latest changes in legislation and who constantly improve their skills;

- minimal risk of leakage of confidential information.

Legal outsourcing includes:

- performing claims work drawing up procedural and other documents;

- legal support at various stages of legal proceedings;

- checking documents for compliance with all innovations in legislation;

- searching for ways to resolve controversial issues and much more.

High-quality legal support for your business is the key to successful activities and growth opportunities for your company.

Labor law:

- representing the interests of employees and employers in court on issues of the legality of termination of the contract and reinstatement, the legality of withholding funds to compensate for material damage caused by an employee in the performance of official duties, recovery of average earnings during forced absence and compensation for moral damage caused by illegal termination of the contract.

Housing law:

- representation of interests in court on issues of deregistration of former family members living separately.

Business that is in one way or another focused on working with individuals should be vigilant both in relation to compliance with the legal rights of consumers and to their possible abuse of their rights.

The issue of consumer protection may also arise for companies that do not have direct relationships with consumers. These could be, for example, manufacturers of goods.

Consumer protection legislation contains strict rules, algorithms and responsibilities for organizations in case of non-compliance with consumer rights, which must be taken into account when working with the latter.

UKPSB advocates have extensive experience in resolving conflict situations between consumers and organizations, namely, they provide the following qualified legal assistance:

- providing legal advice, including, if necessary, studying documentation provided by the client;

- determination of the prospects of the dispute;

- development of documentation and the client’s business model to identify legal risks and shortcomings, compliance with legislation;

- conducting claims work in consumer disputes;

- support of court cases on consumer disputes;

- alternative resolution of consumer disputes, including mediation.