Konstantin
Gagarin

Senior partner
Manager office Moscow city

Rankings

Nominations «Arbitration proceedings: commercial disputes (High Market)», «Bankruptcy: litigation (High Market)», «Criminal law (economic and official crime)»

Professional communities

Counsellor of the Russian Federal Bar Association

Participation in law-making

Konstantin Gagarin has participated in the development of more than 10 clarifications on the application of the Code of Professional Ethics of Lawyers and regulations on the procedure for taking the qualification exam and evaluating applicants’ knowledge, standards of qualified legal support and other standards of the legal profession on the Commission on Ethics and Standards of the Russian Federal Bar Association

Experience

Since 1995

Languages

English (fluently)

Education

Lomonosov Moscow State University

The Institute of State and Law (ISL) of the Russian Academy of Sciences (RAS)

Expertise

Criminal Law Criminal proceedings Economic crimes Civil law Сivil proceedings Administrative law Bankruptcy Taxation Currency regulation Securities Investment projects

Key cases

  • Successfully represented the Client in a legal entity bankruptcy case in which, for the first time in court practice, the individuals under whose control the management of the legal entity actually acted were brought to subsidiary liability for the debts of an insolvent legal entity worth RUB 6.4 billion. The controlling persons were not officially members of the insolvent legal entity.
  • Successfully acted for the Client in a foreclosure case involving over 45,000,000 ordinary shares of one of Russia's largest banks that actually belonged to an individual (the debtor) but were held in a securities account with a third party. For the first time, under Article 77 of the Federal Law "On Enforcement Proceedings", an unprecedented judicial foreclosure of a debtor's securities traded on organised auctions and held in a securities account with a third party was effected.
  • Defense of a former member of parliament and chairman of a foreign central bank in a high-profile criminal case under Article 159(4) of the Russian Criminal Code. In the course of providing legal assistance to the Client, the preventive measure was changed from imprisonment to undertaking not to leave the place and, based on a complaint filed with the prosecutor's office, an approval of an indictment against the Client was twice dismissed. Legal assistance resulted in a dismissal of the criminal case due to lack of corpus delicti.
  • Successfully acted for one of Russia's largest iron and steel companies in a dispute with the Federal Antimonopoly Service of the Russian Federation to invalidate a decision and instruction on a case for setting monopolistically high prices. The market share of the company's entities, as assessed by the Federal Antimonopoly Service, was close to 100%. The case went through two rounds of hearings. As a result of providing legal assistance to the company, the clients avoided large turnover fines running into billions of rubles as well as the introduction of excessive regulation of the group's activities through the mechanism of the antimonopoly authority's injunction.