1. What this document is
1.1. The mka.moscow website belongs to the Kovalev, Malyutov, Tsypkalo & Partners Moscow Bar Association (OGRN 1197700012377, INN 9729287911, address: 12 Koshtoyantsa Street, premises 2 / room 1, Moscow 119454, Russia) — the “Firm”.
1.2. These Terms describe the basis on which you use the site: what its materials are and are not, what may be done with them, and what the Firm is and is not answerable for.
1.3. By using the site — reading pages, downloading materials, submitting a form — you accept these Terms. If you do not accept them, please do not use the site.
1.4. The Terms are deliberately written in plain language. That does not change their legal effect: the provisions we cite apply as cited.
2. The status of the materials on this site
2.1. The texts, articles, practice reviews, case descriptions, answers to common questions and any other materials on the site are of a reference and informational nature and reflect the authors' position as at the date of publication.
2.2. The materials are not legal advice, a legal opinion or a recommendation to act in your situation. Legal consequences depend on the particular facts, documents and time limits, and on how the law and the case law have moved since publication.
2.3. The materials are not a public offer within the meaning of art. 437(1) of the Civil Code of the Russian Federation. Information about services and how we work is an invitation to make offers; it creates no obligation on the Firm to enter into a contract. Final terms are set by a contract signed by both parties.
2.4. Prices are not published on this site as a matter of policy: a fee depends on the volume of work and the circumstances of the matter and is quoted after we have looked at the situation. Any figures in the case descriptions belong to those matters, not to yours.
2.5. Reading the materials, submitting a form, exchanging e-mails and speaking on the telephone do not in themselves create a client–provider relationship and give rise to no obligation on the Firm to provide legal services. Such a relationship arises only when a written contract is concluded. A relationship with an advocate arises when an agreement on the provision of legal assistance is concluded with that advocate personally (art. 25 of Federal Law No. 63-FZ of 31 May 2002).
2.6. Before a contract is concluded, please do not send us documents or information whose disclosure could harm you. The duty to preserve advocate–client privilege rests with an advocate, not with the Firm.
3. Descriptions of completed matters
3.1. Matters are described with the clients' consent; information that would identify the participants is not disclosed unless separate consent has been given.
3.2. Each description is an outcome in a particular matter on particular facts. An outcome in one matter neither guarantees nor implies the same outcome in another.
3.3. We do not promise outcomes and we do not use language about guaranteed results: an outcome depends on the court, on the other side's case and on the evidence, not only on the work of the representative.
4. How the materials may and may not be used
4.1. You may read the materials, save them for personal non-commercial use and quote them to the extent justified by the purpose of the quotation — always naming the author and the Kovalev, Malyutov, Tsypkalo & Partners Moscow Bar Association and giving a working hyperlink to the source page (art. 1274 of the Civil Code of the Russian Federation).
4.2. Without the Firm's written permission you may not: reproduce the materials in full or in substantial part on other resources; adapt them and publish them under another name; use them for advertising purposes; or systematically copy the contents of the site by automated means.
4.3. Photographs of our people, images of our offices, illustrations and elements of the visual identity may not be used separately to any extent.
5. Intellectual property and the trade mark
5.1. The contents of the site — texts, photographs, illustrations, the selection and arrangement of materials, the code and the design — are protected as intellectual property under Part Four of the Civil Code of the Russian Federation.
5.2. Exclusive rights to the contents belong to the Firm or are used by it on a lawful basis. Authors retain their authors' rights.
5.3. The name “Kovalev & Partners” (“Ковалёв и партнёры”), the logo and the monogram are used by the Firm as means of individualisation. Third parties may not use them — in domain names, in advertising, in the names of services, or in the design of websites and documents — without the Firm's written permission (art. 1484 of the Civil Code of the Russian Federation).
5.4. The use of any sign confusingly similar to the Firm's, such as could mislead as to who is providing the services, is not permitted. We are not connected with any organisation using a similar name without our agreement.
5.5. If you believe that material on the site infringes your rights, write to us at info (at) mka.moscow — we will consider the complaint and, if the infringement is confirmed, take the material down.
6. Limitation of liability
6.1. The Firm is not answerable for decisions you take in reliance on the materials of this site, or for their consequences. The materials do not take your circumstances into account — that can only be done in a consultation, where we see the documents.
6.2. The Firm does not warrant that the materials are current as at the date you read them: the law and the case law change, and each material carries its publication date. Go by that date and check the provision in its current wording.
6.3. The Firm is not answerable for interruptions to the site, for errors in its operation, or for the consequences of either. We work to keep the site available but do not promise uninterrupted availability.
6.4. The limitations in this section do not apply where liability cannot be limited by law, nor to the Firm's obligations under a contract concluded with you: for work under a contract we answer under that contract and under the law.
7. Links to third-party resources
7.1. In our publications we link to primary sources: the texts of statutes, court judgments, guidance from state authorities, and the publications in which our lawyers' comments appeared. The link is there so that you can check a statement rather than take our word for it.
7.2. The Firm does not control third-party sites and is not answerable for their content, availability or accuracy, or for how they process personal data. Following an external link is your decision; on a third-party site its own rules and its own privacy policy apply.
7.3. A link to a third-party resource does not mean that the Firm endorses its content or is connected with its owner.
7.4. If an external link has stopped working or leads somewhere else, write to us at info (at) mka.moscow and we will fix it.
8. Personal data and cookies
8.1. The Firm processes visitors' personal data as described in the Personal Data Processing Policy, and forms are submitted on the terms of a separate document — the Consent to the processing of personal data.
Personal Data Processing Policy
Consent to the processing of personal data
8.2. Optional cookies are set only after you have consented. You can change that decision at any time with the “Cookie settings” button at the foot of any page: the banner opens again and the choice can be switched.
9. Changes to these Terms
9.1. The Firm may amend these Terms. A new version takes effect when it is published on this page, unless the version itself specifies a later date.
9.2. The date of the current version is given at the top of the page. Previous versions are retained by the Firm and provided on request sent to info (at) mka.moscow.
9.3. We do not give personal notice of changes. If you rely on this document, check the version date before citing it.
9.4. By continuing to use the site after a new version has been published, you accept its terms.
10. Governing law and disputes
10.1. These Terms, and relations connected with the use of the site, are governed by the law of the Russian Federation.
10.2. The parties seek to settle disputes in correspondence. A claim is sent to the Firm's address or to info (at) mka.moscow; the time for a reply is 30 calendar days from receipt.
10.3. Failing agreement, a dispute is heard by the court at the Firm's location, and a dispute involving a consumer under the rules of jurisdiction laid down by consumer protection legislation (art. 17 of Law of the Russian Federation No. 2300-1 of 7 February 1992).
10.4. If any provision of these Terms proves invalid, the remaining provisions continue to apply.