Egorov Puginsky Afanasiev & Partners managed to have the Rostov Region Arbitrazh Court cancel the decision holding Yakhta-club Center LLC administratively liable. This success was a key stage in the implementation of a comprehensive strategy to protect the client’s interests.
In July 2015, administrative proceedings were initiated against Yakhta-club Center LLC over violation of customs rules when importing goods to the Russian Federation. The customs authorities claimed that the company’s actions constituted an administrative offence and imposed a penalty in form of a fine exceeding RUB 78 million.
The Firm’s lawyers managed to prove in court that the actions of the customs authority were based on an incorrect interpretation of the current legislation. The arguments raised by the Firm’s lawyers were supported by recent case law. As a result, the court found the customs authority’s decision unlawful.
The Firm’s white collar crime team working on the matter was headed by attorneys Victoria Burkovskaya, partner, and Andrey Bastrakov, senior associate.
“This is a key project within the customs-related activity of our white collar crime practice,” said Victoria Burkovskaya. “Our client was charged for customs liability, then administrative liability and further held criminally liable for the actions of its employees. The most important factor contributing to success in this project was following the proper procedure for appealing decisions and, of course, our Firm’s ability to implement a comprehensive protection of the client’s interests in relation to the customs, administrative and criminal responsibility. A victory in one instance served as the basis for victory in the next”.