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Litigation

 Extracts from the judicial practice of Vladyslav Kocherin

Loan Agreement Practice

As a representative of the defendant in an action for recovery of the debt within the oral loan agreement, confirmed by a receipt, Mr. Kocherin managed to prove in the trial that the funds in the amount of more than 2 mln. rub were actually returned to the lender, which helped the client to avoid a repeated debt repayment.

As a representative of the defendant in an action for recovery of the debt, confirmed by the record, Mr.Kocherin managed to prove that the audio recording cannot serve as conclusive evidence in the case, which resulted in the rejection to the plaintiff in satisfaction of the frivolous claim.

Credit Agreement Practice

As a representative of the client (Mr.X) specified as a guarantor under the loan agreements with Bank Petrocommerce (JSC) to the value of more than 100 million rubles, Mr. Kocherin got expert handwriting analysis. As a result, Mr.X's signature in the surety agreement turned out to be fake, which allowed him to avoid civil liability under these credit agreements, as well as to recover from Bank Petrocommerce more than 425,000 rubles as a compensation for attorney fees, court costs and other expenses.

Supply Agreement Practice

As a representative of the plaintiff Novoteksoyuzeksport (Ltd) Mr.Kocherin achieved in Arbitration the adoption of interim measures and their immediate execution in respect of the consignee of delivered oil products in the amount exceeding 6mln.rub. which allowed the plaintiff to reimburse the cost of the stolen property by the unscrupulous contractor. A criminal case was also initiated on this fact under the Art. 159 of the Criminal Code of the Russian Federation (fraud).

Labor Dispute Practice

As a representative of the Ministry for Federal Affairs, National and Migration Policy of the Russian Federation Mr. Kocherin proved the legitimacy of dismissal of the head of lower organization in connection with the initiated, but uncompleted criminal case against him on the fact of abuse of power.

Insurance Dispute Practice

As a representative of the Siberia Insurance Company Mr.Kocherin proved the absence of the insured interest in the preservation of the insured car, which was imported in the Russian Federation with violation of the rules of customs clearance, that allowed the insurance company to avoid a significant amount of insurance compensation losses.

As a representative of the defendant Mr.X. in the action of damages caused by a traffic accident on the claim of the Zurich Insurance Company Mr.Kocherin was able to abolish a default judgment for money recovery from the defendant, and abandoned the claim of the insurance company without consideration.

Bankruptcy Issues Practice

As a representative of the applicant in the case of bankruptcy of the debtor- bankrupt ‘Pravdinskaya Neftegazorazvedcheskaya Expeditsiya’ (JSC) Mr.Kocherin proved in the Federal Arbitration Court of the East Siberian region a preservation of the right of the applicant's discharge in bankruptcy at all stages of the approval procedures of the arbitration administrator, which allowed to reject the candidature of the arbitration manager proposed by opponents.

As a representative of Sheremetyevo International Airport Mr.Kocherin ensured the inclusion of the Airport in the register of creditors of Malev Hungarian Airlines in Budapest (Hungary) caused with bankruptcy proceedings in regard to Malev Hungarian Airlines.

As a representative of ‘Moskvich’ (AZLK) Mr.Kocherin participated in the preparation of appeal to the Constitutional Court of the Russian Federation on the implementation of the shortened limitation periods by the new law provided by the Civil Code, to the relations that had arisen before those changes came into force, which allowed ‘Moskvich’ to win the case on invalidate of the real estate contract for a large sum.

As a representative of a client whose land was mistakenly arrested in a bankruptcy proceeding Mr.Kocherin managed to release from attachment of the land and avoided handling penalties within the claims of creditors.

The Honour and Dignity Protection Practice

As a representative of the ALTIMO Company in the action against the newspaper Izvestia Mr.Kocherin achieved the refutation of discrediting the business reputation of the company as well as a public apology from the newspaper Izvestiya published in its next issue.

Mr.Kocherin consulted Novatek (JSC) about the refutation of published on the Internet information discrediting the business reputation of the company.

Criminal Case Practice

As a defender of the convicted client Mr.Kocherin achieved reversal of the conviction in the Presidium of the Moscow City Court under the Art.159 of the Criminal Code (fraud committed by an organized group caused large damage exceeding 3mln. rubl), in connection with the identified procedural violations, which resulted in commitment of the criminal case for further investigation. Following these actions, the criminal case was dismissed as a result of lack of evidence.

As a defender of the suspected client Mr.Kocherin requested a commission of forensic psychiatric examination, which has helped to achieve the exemption from criminal liability under the Art. 112 of the Criminal Code (intentional infliction of injury of moderate severity) due to the fact that at the time of the offense, the client has a mental illness. So he had no capacity to stand trial.

As a defender of the victim Vladislav Kocherin managed to convict a suspect for a case of rape and sexual battery.

Administrative Offense Practice

As a representative of the client, who was brought to administrative responsibility in the Presidium of the Moscow City Court Vladislav achieved the cancellation of the administrative liability imposed by the Presnensky District Court of Moscow due to the lack of license plates, having proved that the traffic police did not have enough evidence for the imposition of administrative sanctions.

Damages Practice

As a representative of the client Mr.Kocherin obtained the pre-trial settlement agreement with Krasnye Holmy Business Center, according to which the client was paid a full price of the BMW car, previously damaged in an accident as a result of illegal road guard with concrete parking columns setting up by Krasnye Holmy.

This case has been the subject of joint investigative journalism of Rossiya 1 TV Channel and Vladyslav Kocherin (watch TV story).

Housing Disputes Practice

As a representative of the family in a dispute with the Moscow Department of Housing Policy Mr.Kocherin has achieved recognition of the right to an extraordinary housing provision of a one-bedroom apartment in Moscow due to the family member with a serious health condition.

As a representative of the client in proceedings before the Moscow City Court Mr.Kocherin obtained the cancellation of the trial court decision according to which the client had lost the right to live in his current apartment. As a result of professional actions of Vladislav the case was sent back for retrial and the client’s right was restored.

As a representative of the client Vladislav Kocherin managed to achieve a decision on a conclusion of compulsory social contract of employment with the Federal Agency for State Property Management in Moscow which was previously rejected, as the client was not registered for housing conditions improvement.

Яндекс.Метрика