Legal support on mobilisation issues

Legal support on mobilisation issues

22 September 2022

Dear Colleagues!

Presidential Decree No. 647 “On the Declaration of Partial Mobilisation in the Russian Federation” was published on September 21, 2022.

Over the last couple of days, we have received many enquiries requesting legal advice as to how to continue business normally in view of Russia’s new realities. Now, more than ever, it is important to act strictly in accordance with the law.

ALRUD’s team is ready to respond to your enquiries and provide comprehensive legal support in all matters of interest, and would remind you that we provide legal services of any complexity on any issue, including:

LABOR LAW ISSUES

  • Development of a step-by-step plan of action for employers and employees in connection with the partial mobilization.

  • Drafting of a memo on the employees’ duties during the period of partial mobilization, assisting in building communications with employees and preparing answers to questions regarding further activities in the context of a partial mobilization.

  • Advice on the issues of having employees and employers conform to various types of liability in the event of non-compliance with current legal requirements.

  • Advice on the process of booking employees figuring on the reserve lists, assisting in building communications with military commissariats and territorial booking commissions and preparing documentation required for booking.

  • Advice on the issue of interaction with local administrative bodies and preparation of responses to incoming requests.

  • Advice on the issue of interaction with remote workers and workers on business trips in the event of a conscription summons. Preparation of notices for employees.

  • Advice on the call to military service of persons with multiple citizenships and persons residing outside the Russian Federation.

  • Formalization of the process of suspending an employee from work duties during the period of medical examinations and military training.

CRIMINAL LAW, RISK ASSESSMENT AND COMPLIANCE ISSUES

  • Advice on the liability of employers vis-à-vis avoidance of military service.

  • Employer risk assessment in the case of rendering legally significant decisions with regard to employees, including relocation issues, approval of leave and remote work for employees.

  • Comprehensive risk assessment for management and business owners related to changes in Russian operating activity formats (MBO, sale of ongoing concerns, liquidation, etc.).

LEGAL GR

  • Official communication with public authorities (response to communications received) including participation in negotiations/discussions;

  • Drafting of legal communication strategies (which public authorities to apply to, specific aims of communications, content of communications and their legal basis), communication risk analysis;

  • Search for legal communication channels aimed at resolving contradictions between existing and new regulations (advocate’s requests, official queries, liaising to obtain non-binding internal opinions of public authorities);

  • Legal communication with public authorities to mitigate risks of the abuse of power by certain public authorities (claims, requests for assistance, informing public authorities).

Please note that in the current environment there are no “one-size-fits-all” solutions to minimize your risks in respect of legally significant actions, so you should be especially careful with any decisions you make.

Practices: Labour and Employment, White Collar Crime, Compliance and Investigations, Regulatory


We hope that the information provided herein will be useful for you.

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Note: please be aware that all information provided in this letter is based on an analysis of publicly available information as well as our understanding and interpretation of legislation and law enforcement practices. Neither ALRUD Law Firm nor the authors of this letter bear any liability for the consequences of any decisions made in reliance upon this information.

Sincerely,
ALRUD Law Firm

Lesnaya st., 7, 12th fl., Moscow, Russia, 125196
Т: +7 495 234 96 92, Т: +7 495 926 16 48, info@alrud.com
alrud.com
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