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Alexandr Kaplan
Managing partner of the "Kaplan ,Lee & Partners" attorney's office
Tax disputes, economic crimes
Tax disputes, economic crimes
Work experience of more than 10 years
Tax consultant, member of "Kazakhstan Association of Tax Consultants"
Arbitrator of the International Commercial Arbitration "JUS GENTIUM
Associate member of the Regional Public Association "College of Commercial Lawyers "Kazakhstan Bar Association" (KazBar).
9+ years of experience in tax and economic disputes in international commercial and non-commercial organizations, 5+ years of legal practice experience. Participated in a number of court disputes with banks, tax authorities of Almaty and Astana, accompanied bankruptcy and liquidation procedures of legal entities and individual entrepreneurs in Almaty
Ilyas Ibraimov
Lawyer, Associate Partner of "Kaplan, Lee & Partners" attorney's office
Support of bankruptcy, enforcement proceedings, legal representation
Support of bankruptcy, enforcement proceedings, legal representation
Work experience of more than 7 years
Specializes in support of bankruptcy procedures, collections and enforcement proceedings
During his work has recovered more than 1 000 000 000 tenge.
He took advanced courses in International Commercial Arbitration and the Tax School
Extensive experience in bankruptcy and enforcement proceedings
Andrew Lee
Senior partner of the "Kaplan, Lee & Partners" attorney's office
Banking disputes, corporate disputes, debt collection
Banking disputes, corporate disputes, debt collection
Work experience of more than 15 years
Specialist in tax, banking, corporate, labor, civil and civil procedural law
Representative in "high-profile" cases, in particular on appeals against actions and decisions of a number of state authorities, including customs and tax authorities, consultant to major Kazakhstani and international companies
People's Lawyer 2017, 2018, 2019
He is the author of a number of publications in the media, has a number of letters of commendation and awards, including an award for the protection of the rights of entrepreneurs and businesses, and is a lecturer on corporate and civil procedure law
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SERVICES FOR ECONOMIC DISPUTES
Tax disputes

1. Tax support as part of the current activities of the firm and groups of companies;
2. Support of in-house and documentary tax audits, as well as audits of compliance with transfer pricing rules;
3. Pre-trial challenge the results of desk and documentary tax audits;
4. Transfer pricing;
5. Law enforcement under CIT, VAT, social taxes;
6. International taxation;
7. Tax audit;
8. Pre-trial settlement of disputable issues (explanations to notices, complaint procedure of dispute settlement).

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1. Judicial contestation of results of in-house and documentary tax audits;
2. Defense in disputes on validity of tax benefit and good faith of taxpayer;
3. Litigation on reimbursement of overpaid taxes;
4. VAT refund cases;
5. Protection of clients in application of legislation on criminal liability.

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1. Judicial contestation of results of in-house and documentary tax audits;
2. Defense in disputes on validity of tax benefit and good faith of taxpayer;
3. Litigation on reimbursement of overpaid taxes;
4. VAT refund cases;
5. Protection of clients in application of legislation on criminal liability.

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Criminal cases in the sphere of economy

1. Defense in cases of imputed bribery;
2. Defending cases of imputed malpractice;
3. Defending negligence cases, and others.

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1. Defense in extortion cases;
2. Defense in cases of economic smuggling;
3. Defense in cases related to additional tax assessments, including in connection with recognition of counterparty’s registration as invalid;
4. Protection in cases related to premeditated and false bankruptcy.

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Support of enforcement proceedings

The practice of work in Kazakhstan shows that to win in court is only half of the case. The second half of the case and the actual implementation of the judicial act depends on the quality of the execution of the judicial act by a bailiff and the collection of the debt.

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1. Seizure of the debtor’s property – money and securities in his possession or in the possession of other individuals or legal entities;
2. Seizure of the debtor’s movable and immovable property held by the debtor or other individuals or legal entities;
3. Prohibition of the debtor to perform certain actions (to alienate a share in a company, to change the director, to leave the country, to drive a vehicle, etc.);
4. Sealing the debtor’s property;
5. Seizure of the debtor’s documents of title;
6. Prohibiting others from transferring property, including money, to the debtor or performing other actions in relation to the debtor;
7. Assistance in organization of bidding for sale of pledged and seized property.

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Support of bankruptcy proceedings

Bankruptcy (rehabilitation) is one of the most complex branches of practice, along with tax law. It is not only time-consuming (9-12 months), but also a multi-stage and multi-component branch at the junction of civil, administrative, and criminal branches of law.

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1. Unraveling the schemes of withdrawal of funds and other property of the debtor;
2. Contesting dubious transactions during the pre-bankruptcy period;
3. Bringing the debtor’s managers and owners (founders) to justice, up to and including criminal liability.

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1. We advise and accompany its activities in terms of bankruptcy prevention and financial recovery;
2. We identify and take measures to improve the legal and financial purity of transactions;
3. We accompany the restructuring of debts;
4. Improve the structure of the business;
5. Identify and eliminate potential risks from creditors.

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IT disputes

1. Defense in civil and criminal courts on disputes related to computers and software;
2. Challenging the results of Internet auctions;
3. Challenging illegal or methodologically incorrect conclusions of IT specialists;

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Real Estate

Our team repeatedly and successfully participated both in support of transactions with the acquisition or alienation of immovable property, and with out-of-court sale of mortgaged property, recovery of real estate from illegal ownership, change of purpose of land and buildings on them.

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1. Legal analysis (due diligence) on the side of the buyer or the seller regarding the planned transaction and preparation of recommendations on risk minimization;
2. Supporting transactions in registration of rights or encumbrances on immovable property and transactions with it (right of ownership, right of use, easements, legal claims);
3. Structuring transactions for the purchase and sale of immovable property;
4. Acquisition of rights to land plots from state ownership.

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1. Legal support in negotiating and signing contracts (general construction agreements, construction management agreements, general designer’s agreement, etc.);
2. Protection of interests of developers and investors in state bodies and courts;
3. Support of projects when implementing public-private partnerships (including the conclusion of concession agreements).
4. Pre-trial claims handling and settlement of issues in courts of all instances, including arbitration, under the law of the Republic of Kazakhstan and CIS countries.

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BIOGRAPHY
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We combine experience and knowledge of working in Kazakhstan with the application of high international standards of quality work.

To solve our clients’ problems

We offer a comprehensive approach that combines legal consulting, representation of clients before governmental authorities, interaction with the media and public (if necessary) and other support.

We are

Specialists in various areas of law. Due to our diverse experience, we have an excellent understanding of the intricacies of governmental structures, and experience working for local and foreign companies of various profiles and forms of ownership.

Company Partners

Actively participate in the life of the country’s business community, engage in various aspects of interaction with the Supreme Court, and hold webinars on various legal topics.

The languages we work with are

Russian, Kazakh and English.

WE ARE RECOMMENDED
Cases description

Summer 2021 – support of foreign investor in transaction of purchase and sale of property complex – plant, land plot and a number of related real estate objects in the amount of more than 250 million tenge.

The transaction was agreed upon, passed our legal “clearance” and successfully concluded, possible risks were minimized.

Spring 2021 – a civil case on recovery from a foreign company in a permanent establishment in Kazakhstan in favor of another foreign company of more than 600 million tenge for supplied and installed equipment at an oil production site.

As a result, the claim was satisfied, the amount was recovered in full.

Winter 2020 – protection of interests of an oil service company and its director in a criminal case on suspicion of money laundering and issuing fictitious invoices totaling more than 700 million tenge for, according to investigators, undelivered equipment.

As a result, the case against these individuals was terminated.

May 2020 – participation in settlement of a complicated transaction – negotiations, preparation and negotiation of an agreement between the old and new co-participants of a major LLP in the publishing industry on mutual repurchase of interests in the LLP with an additional payment in currency, with conditions precedent for the total amount of over half a billion tenge.

As a result the legal risks were minimized, the agreement was agreed, signed and executed.

Summer-Autumn 2020 – defense of an individual in a criminal case against a former partner, a citizen of a European Union country, for allegedly ongoing fraud over 2,000,000 USD, allegedly for future construction business.

As a result, the case was dismissed for lack of corpus delicti at the investigation stage.

January 2020 – protection of interests of a construction company which carried out a scope of works on construction of a large road branch under a tender of the Committee for Roads within the framework of a large interstate project for the total amount of claims for additional CIT and VAT of more than 1.9 billion tenge.

As a result, the claim of tax body was denied in full.

2018-2019 – protection of interests of the director of LLP and LLP itself, which worked in the sphere of sea freight of vessels on the Caspian Sea shelf, on unlawful additional charge of CIT amount of 1.8 billion tenge for non-resident in civil court, during pre-trial investigation stage in DER and during bankruptcy stage.

As a result, the director of the LLP and the LLP itself managed to avoid unlawful prosecution, and the LLP was able to go bankrupt.

Autumn 2019 – a civil case on recovery of debt from the Ministry of Education for public procurement of training services in the amount of 40 million tenge + penalty for late execution of the court decision.

The court decision fully satisfied the claim, the debt was recovered in full.

Autumn 2019 – protection of interests of ex-spouse in court in a lawsuit against ex-spouse in terms of division of common jointly acquired property, part of which the ex-spouse reassigned to other persons.

As a result, an agreement was reached to pay the ex-spouse 100 million tenge as compensation.

Summer 2019 – representation of a large LLP against a former outsourced accountant who allowed the withdrawal and embezzlement of funds from the LLP in the amount of more than 140 million tenge.

As a result, the accountant was sentenced to 7 years in prison with confiscation of property.

Summer 2019 – protection of interests of a large LLP in a lawsuit against Samruk-Kazyna Contract LLP to exclude the LLP from the list of unreliable suppliers.

As a result, the court satisfied the claim, the company was excluded from the list. This was the first case of satisfying such claims.

April 2019 – support of a former financial analyst of a major bank at the stage of pre-trial investigation by the prosecutor’s office in a criminal case against a large banking conglomerate on suspicion of assisting in money laundering.

As a result, the case against the principal was dismissed and the witness status was maintained until the end of the case.

Summer 2018 – participation at the stage of pre-trial investigation on the removal of arrests from the real estate of an individual – a member of the board of directors of a large Kazakhstan bank, exhibited by the investigating body in connection with his alleged involvement in the affairs of a well-known disgraced oligarch.

As a result, the arrests were removed.

2018 – defense of the interests of a former high-ranking official of the Almaty City Akimat in a criminal case of embezzlement of budgetary funds of about 500 million tenge paid under the state construction and improvement procurements.

In the court of the first and second instance it was possible to mitigate the punishment to 1000 MCI against 7 years of imprisonment with confiscation, which was requested by the prosecutor.

May 2017 – reversal of the decision of the district court of Almaty to recover from a private person, the seller of an interest in a large mining company, the amount of tax arrears of more than 300 million tenge.

Spring-Autumn 2017 – protection of rights of an heir of large participatory interests and accounts receivable of large construction companies against illegal claims of one of the largest banks of the country to the total amount of more than 350 million tenge.

As a result, the court ruled that the agreement between the creditors and the bank was illegal.

Summer 2017 – defense of interests of sellers – former co-partners of a large construction LLP, in a claim of tax body to cancel a share purchase agreement in connection with the presence of tax arrears in the LLP.

As a result, tax body’s claim was dismissed in full.

Summer 2017 – spring 2018 – support of negotiations and pre-trial settlement of a dispute between two former partners – co-owners of a large restaurant chain, on the order of division of income and expenses of a number of joint LLPs.

As a result, the dispute was resolved amicably and all mutual claims were settled.

Summer 2017 – summer 2018 – representation and defense of a borrower of a large bank in a claim of the bank for partial debt recovery.

As a result, after going through all levels of the judicial system up to the Supreme Court, due to numerous gross violations by the bank of the borrower’s rights and banking regulations and rules, the claim was returned and the parties ended the case with an amicable agreement.

OUR RESULTS
400+
Total number of cases in the last 5 years
5 plus billion
Collected/protected tenge
85%
Winning cases by clients with our help
Publications in the media
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Debt collection

How to return the borrowed money? What to do if the debtor does not want to return the funds? How to collect the debt and not to become an extortionist? Some tips on this topic – in this article

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Some practical advices

Here are some practical tips on how best to strengthen your position on transactions for which tax and law enforcement authorities may have questions.

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+7 (707) 200-44-00
+7 (705) 767 89 41
050022, Kazakhstan, Almaty, Schevchenko 118,
BC «Altyn Gasyr», of. 201
E-mail: info@klp.legal
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