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Court practice has always occupied an honorable and responsible place in the activity of every lawyer. Of course, in the daily life of a person or the activity of an enterprise, court summonses or warnings are hardly pleasant letters or necessary documents, and therefore the main purpose of legal education of the population and legal provision of business is precisely the prevention of situations, the only way out of which is a lawsuit. In addition, there are other ways of protecting rights and interests protected by law – negotiations between the parties, settlement of disputes with the help of a mediator, appeals to various public organizations, commissions for labor disputes, state institutions, disagreements at general meetings, etc.
However, the authority of the court and the force of the court decision have an authority that is difficult to find an alternative to in the public consciousness. "Refusal of an advantage is by no means an oppression of your rights," - said J. Cooper, and indeed – the court should, after analyzing the order of things, not formally divide the parties into a "winner" and "defeated", and find out all the nuances that accompanied the way of the case and the parties to the court. Unfortunately, the scope and complexity of the modern legislative framework, the constant introduction of changes to the usual normative legal acts, their inconsistency with the requirements of real life cause corruption and general distrust in fair justice.
Ian Fleming's brilliant saying: "Law is the crystallization of social prejudices" - emphasizes an extremely dangerous sign of a formalized legal approach, the inviolability and unwillingness of people in judicial robes to meet the demands of life. In today's business, avoiding compliance with laws is often perceived as a certain virtue, and we ourselves can sometimes become "violators". - simply due to ignorance of the law or a simple mistake.
And although in Ukraine, judicial precedent is not officially a source of law formation, and the judge, when making a decision, does not perform rule-making functions, as in the English legal system, judicial practice is closely related to the sources of law and is of paramount importance in the legal system of our country.
The application of legal norms in practice allows you to find out how effective and complete this or that norm is, to identify gaps and contradictions that are often contained in it, to eliminate them and thus to improve it. In order to ensure the correctness of judicial decisions, the Supreme Court of Ukraine and specialized courts regularly provide courts with guidance on how to achieve the unity of judicial practice in similar cases. But only the Constitutional Court has the right to officially interpret laws (Article 147 of the Constitution of Ukraine).
The complexity of the company's relations with partners and regulatory bodies leaves no choice for the company's management – if the problem has already arisen, and even more so, a trial is expected, the need for the services of experienced lawyers becomes urgent. Similarly, in relation to "personal" matters - a position in which a person is used to relying solely on his own strength and seeks to defend his interests on his own will definitely not be a winner in the case of a lawsuit. Even a lawyer whose practice is not directly related to the representation of clients' interests in court will not be the best option, because only this experience requires a harmonious combination of lightning reaction, analytical mind and perfect intuition developed over years of live communication.
So, the specialists of our company are ready to offer you:
- consultations on current legislation, analysis of your documents (contracts, acts of state and local authorities, certificates, statements, receipts, powers of attorney, court decisions, etc.), which is a prerequisite for legal assessment of the situation, development of the plot of the case and formation of the legal positions;
- direct representation in court (economic, administrative, civil, including family and labor relations);
- drafting of procedural documents;
- court collection of receivables, assessment and collection of fines and penalties for late fulfillment of obligations, defense for unjustified assessment of fines;
- judicial resolution of corporate disputes;
- disputing the results of audits by control bodies (tax service, Pension Fund bodies, consumer rights protection bodies, etc.), countering illegal actions of law enforcement bodies (the Ministry of Internal Affairs, Security Service of Ukraine, prosecutor's office);
- legal protection of intellectual property rights;
- disputes with banks, credit unions and collectors;
- participation of lawyers at the stage of executive proceedings;
- preparation of documents for appeal to the European Court of Human Rights;
- other issues that must be resolved purely individually and in accordance with interfere with the intervention of experts in the field of law.
Remember that hoping to use the experience of acquaintances or business partners, who often offer advice based on similar situations, is the wrong way, because every situation in law, and even more so in court, is unique. In practice, in order to represent the client's interests, it is necessary to constantly study regulatory and legal acts from various fields, refer to the norms of substantive and procedural law and the practice of their application, formed by the relevant judicial authorities, etc.
And no one has ever canceled legal sense – a real business card of an experienced lawyer who does not leave our specialists during the defense of his clients in courts of various instances.
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