Chingiz Aptineev

Experience

Mr. Aptineev received his judicial education at the leading universities of Russia and Great Britain and has been providing various legal services for more than two decades. He is an experienced and extremely qualified specialist in the sphere of civil and corporate law, anti-trust and bankruptcy matters, civil and arbitrational proceedings. He is well connected with colleagues from Bulgaria, Canada, China, Cyprus, Finland, Great Britain, Mongolia, Nigeria, Spain, the United States, and many other countries worldwide.

From 2012 Mr. Aptineev has provided legal services to clients on a contractual base.

From 2005 to 2012, he headed legal services departments of many large Russian holding companies, including the Finvest Group OJSC (a diversified investment company which owned large plots of land in and around Moscow, and owned ventures in motorized transport, hotel services, and wineries in Krasnodar region and the Republic of Armenia) and ENERGOSTRIM, LLC (one of the largest electric power holding companies in Russia which included many regional electricity suppliers).

From 2000 to 2005, Mr. Aptineev successfully completed a number of M&A deals for the JSC TNK and the JSC Rosbuilding. From 1994 to 2000 he moved from being the legal consultant to becoming the head of the legal department of the Department of Housing for the city of Tomsk.


Education

2010 - The University of Warwick (UK)

Corporate Governance and Financial Regulation, LLM.

1995 - Tomsk State University

Legal studies. 


Successful cases

  • As the Director of legal support for Energostream LLC (one of the largest electricity supply companies in Russian), Mr. Aptineev determined the strategy of the ongoing relationship between electricity suppliers, electric grid organizations, consumers, public authorities, company management, and other controlling bodies. He prepared briefs on the application of the legislation in the electric power industry for the heads of legal service departments of the electricity suppliers and He directly participated in key disputes with anti-trust authorities, regulators, electric grid organizations, and other large contractors at various occasions in the arbitration courts of many regions.

    Mr. Aptineev represented the interests of Buraytenergosbyt JSC (defendant) in the arbitration proceedings initiated by MRSK Sibiri JSC on recovering debts for electricity transmission for the amount of 1,247 million roubles. The rule of the Arbitration court of the Republic of Buryatia, upheld by a court of appeal, was in favour of the plaintiff and was granted the full amount. After a court of cassation overturned the previous decisions and ordered a review of the case, the new trial upheld the initial finding in favour of the defendant and the ruling wasn’t changed by a higher authority.

    Mr. Aptineev represented the interests of Kurskenergosbyt JSC (defendant) in the arbitration proceedings initiated by MRSK Centra JSC on the recovery of debts for electricity transmission to the amount of 340 million roubles. The Arbitration court of Kursk region decided to admit the claim of the plaintiff in full. A court of appeal overrode it due to improper application of tariffs and dismissed the lawsuit. The decision left unchanged by higher courts.

    Mr. Aptineev represented the interests of RES-Energosbyt LLC (defendant) in the arbitration proceedings initiated by Spectr JSC on the recovery debts for electricity transmission to the amount of 702 million roubles. The arbitration court of Volgograd granted the plaintiff’s claim partially, for an amount of 164 million roubles, and gave no effect to the other amount. The ruling wasn’t changed by higher authorities.

    Mr. Aptineev represented the interests of Volgogradenergosbyt JSC (defendant) in the arbitration proceedings initiated by Volgograd Interdistrict Electric Crids MUPP to amend the contract on electricity transmission. The Arbitration court of Volgograd region agreed three amendments as requested by the plaintiff and eleven amendments in defendant’s redaction. A court of appeal changed the ruling and found six clauses had to be worded as the plaintiff had requested. A court of cassation abolished the decision of the appeal court, leaving unchanged the initial court decision. As a result, Volgogradenergosbyt JSC saved an amount of over 320 million roubles.

  • Mr. Aptineev regularly identifies corporate risks and develops proposals for their elimination and minimization in the management of the company and subsequent legal entities in which the company participates. He develops and introduces mechanisms for the restructuring of holding companies. Mr. Aptineev plans and provides legal support for corporate procedures. He works on developing and introducing non-standard contracts and agreements, including protocols of intention, non-disclosure agreements, and various shareholders' agreements. He also manages M&A transactions and conducts proper due diligence on prospective investment projects. As part of his duties, he manages various development projects and real estate transactions.

  • Mr. Aptineev represented the interests of Bryanskenergosbyt JSC, Kurskregionenergosbyt JSC, Penzaenergosbyt JSC, Smolenskenergosbyt JSC, and Tverenergosbyt JSC in various arbitration proceedings in different regions and in many cases connected with joint-stock disputes. He appealed against decisions made on shareholders’ general meetings and/or made by boards of directors at and was successful in challenging various inequitable transactions. 

  • Mr. Aptineev successfully prevented the hostile takeover attempt of a subsidiary of LUKOIL JSC at the Volgogradenergosbyt JSC, the largest electricity supplier in the Volgograd Region.

  • Mr. Aptineev provided legal support for the bankruptcy proceedings of the Kurskregionenergosbyt JSC. He filed for bankruptcy, managed all creditors’ contentions during the monitoring period (their registry exceeded 2.3 billion rubles), organized and facilitated the first creditors' meeting, and represented and assisted the arbitration manager of the JSC Kurskregionenergosbyt on the arbitration proceedings, during which creditors filed complaints against the actions of the arbitration manager (but we were successful in having the complaints dropped). Mr. Aptineev challenged transactions, as stipulated by bankruptcy proceedings in the legislation of Chapter III.1 of Federal Law "On Insolvency (Bankruptcy)". As a result, more than 400 million rubles were repaid and distributed among creditors. 

  • Mr. Aptineev successfully represented the Belgorodenergosbyt JSC in its dispute with antitrust regulators. The Presidium of the Supreme Arbitration Court of the Russian Federation abolished the rulings of lower appeal and cassation courts, leaving in fact the decision of the court of first appearance which ruled in favour of the client. 

  • Mr. Aptineev successfully represented the Tverenergosbyt JSC in its dispute with antitrust regulators. The Presidium of the Supreme Arbitration Court of the Russian Federation abolished the decision of the cassation court and the decision of the court of first appearance, leaving unchanged the decision of the appellate court rendered in favour of the Tverenergosbyt JSC.