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Natural Resources and Environment

Ilya Ischuk

Ilya Ischuk

Partner
Attorney at law
Ph.D in Law

Litigation Support and Representation with State Agencies:

  • Representation for the companies operating in the mineral resources extraction sector, with the agencies exercising control in the field of environmental protection (Rostechnadzor, Rosprirodnadzor, Rosnedra, local authorities in the territorial entities of the Russian Federation), as well as arbitration courts, for the disputes with the environmental protection agencies
  • Assistance during preparatory stage to the inspection conducted by an environmental protection agency, and during such inspection
  • Defence of companies and private citizens (or groups of citizens) whose rights have been violated by extracting companies or large industrial players, in the field of environmental protection, including through court venue

Consultations in the Field of Environmental Laws and Subsoil Use:

  • Consultations in the field of subsoil licences (rights being granted, reassigned or licence withdrawals)
  • Draft license agreements for the right of subsoil use and due diligence thereof, due diligence with respect to existing license agreements and draft amendments thereto; support during license renewals, consultations on the issues related to the right of subsoil use
  • Draft agreements with respect to geological exploration work or new project designs for development or construction in the fields, or with respect to the services on reserves valuation or other agreements related to the business activities of mining companies (supply agreements, subcontractors agreements, agreements on project related research work etc.)
  • Due diligence review to verify compliance of subsoil users with the requirements of the laws and the terms of licence agreements
  • Evaluation of internal system existing within a company/group of companies for control purposes with respect to compliance with the terms of the licenses for subsoil use and requirements to the mineral extraction activities in accordance with applicable laws, to determine and eliminate the risks that may lead to license withdrawal
  • Consultations regarding compliance with industrial safety requirements
  • Consultations regarding compliance with environmental protection requirements.
  • Representing a major timber company in the North-West Region in a dispute to invalidate the refusal to register a lease of forest areas. As a result, the Presidium of the Russian Federation abolished judicial acts and made a new decision to satisfy our client’s requirements in full which helped to create a precedent for certain provisions of the Forest Code.
  • Advising a holder of licences to develop gold ore deposits on compliance with licence terms and on the likelihood of licence revocation.
  • Assisting clients in activities related to the adoption of Joint Implementation projects under the Kyoto Protocol to the UN Framework Convention on Climate Change. Advising Mitsui on Russian legislation for the implementation of transactions qualifying as Joint Implementation projects under the Kyoto Protocol.
  • Representing Moscow region residents in public hearings and providing environmental expert review during the construction of a major industrial facility.
  • Representing a large ecological organization in claiming and receiving reimbursement for damages caused by environmental pollution.
  • Representing region inhabitants in claiming and receiving reimbursement for damages caused by environmental pollution.