Senior associate at Attorneys at Law “Jus Aureum” since October 2013. Before joining Jus Aureum, Mr.Shcherbakov worked in the dispute resolution practice of a leading Russian law firm.
Mr. Shcherbakov has been involved for 10 years in litigation of disputes on a broad spectrum of matters in Russian state courts. He has rich experience in handling commercial disputes in arbitration courts belonging to a variety of territorial units. He has repeatedly represented the interests of companies in disputes in the areas of insurance, taxation, land law relations, protection of rights to real estate, credit financing, corporate disputes, and disputes over challenges to non-normative legal acts by state authorities. Mr. Shcherbakov advises clients at the stage of pretrial (claim) work, in the course of inspections by controlling authorities, and deals with difficult matters of contractual practice and represents the interests of clients in negotiations.
- Successful resolution at the Judicial Panel for Economic Disputes of the Supreme Court of the Russian Federation of a high-profile tax dispute on a matter related to the application of “thin capitalization” rules; as a result of this, the RF Supreme Court amended the practice, which had a negative impact on taxpayers, of applying Article 269.4 of the RF Tax Code (the case of Novaya Tabachnaya Kompaniya LLC).
- Defending the interests of a range of companies belonging to the Megapolis Group of Companies, the largest tobacco distributor in Russia, in tax disputes on a taxpayer's right to return of overpayment on tax which arose as a result of the actions of its tax agent. Upon the results of considering the case, the Supreme Arbitration (Commercial) Court of the Russian Federation defined its position, by which it introduced into Russian law enforcement practice the possibility of a taxpayer to select the means for restoring its infringed right: to submit the appropriate declaration for return of access paid tax to the tax authorities, or submit a demand to the tax agent or debtor in civil-law obligation for payment of what was not done under that obligation.
- Consulting the group of transportation and shipping companies Delovye Linii and successfully defending their interests in arbitration courts in 22 interrelated corporate disputes. The conflict was brought to a close by a settlement on the client's conditions.
- Successfully defending the interests of shareholders in the largest project organization in the former USSR dealing with construction of enterprises for the production of polymer materials (Giproplast) in a multi-year dispute on the reclaiming of a building of an institute located in Moscow from unlawful ownership. Upon the results of the dispute, real estate with a value of approximately $9 million was returned to the ownership of the company. Subsequent participation in a chain of disputes pertaining to the restoration of corporate control over the company and protection from restitution claims and claims for recovery of unjust enrichment.
- Successful defense of the interests of MEGAPOLIS Trading Company CJSC, in the courts of the Central Arbitration District (the cities of Bryansk, Tula and Kaluga) in the course of a lengthy dispute for recovery from the company of 29 million rubles in damages caused by a fire.
- Representing the interests of the leading automobile transport company JSC SovInterAutoService in a dispute with a contractor relating to the construction of a dealer center of the IVECO group of companies. In the company's favor, $2 million in unjust enrichment was awarded, while the contractor was denied a counterclaim for an amount greater than $3 million.
- Involvement in the Moscow Regional Court’s resolution of an administrative case in favor of SovInterAvtoServis PAO, about a challenge to the results of determining the cadastral value of a land plot. The cadastral value of the land plot belonging to the company was established at an amount equal to its market value.
- Successful representation of the interests of Beckhoff Avtomatizatsiya LLC – a subsidiary of the German group of companies Beckhoff Automation GmbH — as part of a claim against the Russian company for recovery of debt denominated in Euro.
- Resolution of a contentious situation pertaining to payment by SK VTB Strakhovaniye (one of Russia’s top 10 insurance companies) of insurance compensation to the POSEIDONIA Medical Center (in Larnaka, Republic of Cyprus), which was engaged in long-term treatment of an insured person suffering from decompression sickness.
- Successful pretrial settlement of a dispute between a top manager of the Russian stevedore company PJSC Novorossiysk Commercial Sea Portand the port itself on a matter pertaining to the application of tax and labor legislation. As a result of negotiations, an agreement was concluded in the client's interests (the president of the company) with payment on the part of PJSC NCSP of an amount equivalent to compensation.
- Holding negotiations on behalf of the international satellite and cable TV channel, World Fashion Channel, with a party that was illegally administrating the domain name on the Internet which contained the trademark of the channel (cybersquatting). As a result of the negotiations, the right to administer the domain name was transferred to the company.
Before joining Jus Aureum, Mr. Shcherbakov's experience included the following:
- Advising and successfully representing in court on a range of customs disputes the interests of a leading Russian company – an importer of premium-quality Spanish food products.
- Defending in court the rights of one of the largest global producers of consumer electronics in the course of disputes relating to the ownership of land plots, and the legality of building and tearing down structures of a factory for producing household appliances.
- Supporting a labor dispute with a tax aspect between a national federal-level cinema company and a high-ranking manager (the president of a network) on the question of payment of a "golden parachute." As a result of defending the interests of the company in courts on the trial and appellate levels, the employee was denied satisfaction of his stated claims in full, including the granting of property claims against the cinema chain for an amount greater than 12 million rubles.
- Participating on behalf of a group of persons in cases connected to the turnover of agricultural lands; conducting trials at on-site court hearings with the number of participants exceeding 100 persons.
Mr. Shcherbakov is a graduate of the law school of the State Academic University of the Humanities (in Moscow), which integrates and performs its activities on the foundation of the Institute of the State and Law of the Russian Academy of Sciences; this does not have analogues in the system of humanitarian education in Russia in regard to the quantity of academics of the Russian Academy of Sciences, correspondent members of the Academy, doctors and graduate degree holders engaged to teach there. Five times he has improved his professional qualifications in the context of long-term and short-term educational programs in the Moscow legal institutions.