Representation in court

Thanks to many years of litigation practice, our partners have become experts in handling cases in the courts of general jurisdiction, economic and administrative courts in the AR and beyond. 

When our clients become our trustees, they find in us reliable legal representatives – lawyers who are ready to defend their interests in any situation in life.  

By hiring our company to represent you in court, you can be sure that your right to defense will be fully realized.

For our clients, we offer services for litigating cases in the courts of general jurisdiction in the areas of:

  • family law
  • protection of business reputation
  • intellectual property protection
  • inheritance law
  • labour disputes 
  • consumer rights protection
  • disputes with state authorities
  • property disputes
  • disputes over establishment of legal facts

and many others.

  • Representing the interests of organizations in the courts of first, appeal and cassation instances.
  • Protection of client’s rights and interests in criminal and administrative cases in the field of economic activity.
  • Protection of client’s rights and interests in criminal cases.
  • Representation of client’s interests in relations with law enforcement and tax authorities

Expert SM provides enterprise subscription services, which include the resolution of all legal issues arising in the client’s business.

Due to our consistent practice of litigating cases in courts not only in the Republic of Azerbaijan, but also abroad, we provide legal services to our clients abroad, in countries near and far abroad, based on the norms of international law and the legislation of the country of residence of our principals.

Every year the global market grows, thousands of companies providing identical services appear and, of course, the competition only gets tougher. In an environment of equally good quality or equally low prices, the reputation of one company or another becomes an important factor for the consumer. When choosing between two or three, the consumer will definitely prefer the one whose reputation inspires more confidence.

An indirect guarantee of quality, for which the client is willing to pay extra, is what a company’s reputation is all about today.

The AR Civil Code and a number of rulings of the AR Constitutional Court enshrine the right of legal entities to protect business reputation.  Despite the fact that this area of disputes is considered relatively young, and court practice is ambiguous, it has already developed its own requirements and features that need to be known in order to avoid complications and delays in the process.

So, for example, the question of the protection of business reputation in court proceedings can only be raised if three elements are present at the same time:

  • There has been dissemination of false information;
  • The information disseminated is damaging to the business reputation of the company;
  • The information disseminated is untrue.

It is important to remember that goodwill takes years to build but can be damaged in an instant, so you should make every effort to preserve it by reacting quickly to any attempts to devalue your unique intangible asset.

Relations between people concerning money and property very often give rise to conflicts, often overt struggles. Financial conflicts make up a large part of all disputes between citizens in the courts of general jurisdiction.

  • recognition of ownership of property
  • property division
  • separation of ownership
  • for recovery of property from other persons
  • determination of the order for use of the property
  • removal of obstacles to the use of property
  • easement 
  • declaration of nullity of transactions

The most common disputes over immovable property are: 

on the recognition of ownership of an apartment, a residential building on the basis of participation in its construction, on the recognition of ownership of an attached part of the house, etc.

However, property disputes are not just disputes over rights in rem. It also includes disputes over rights of obligation in property. The types of disputes in this category are very different. Most of them are claims for invalidation or vice versa.

This category of disputes is very complex and requires special skills and knowledge. The specialists at Expert SM have extensive skills and knowledge of property disputes and will be able to intervene at any stage of the dispute. Our lawyers will be able to give you a thorough consultation if you have any questions. 

The specialists at Expert SM are very experienced in resolving property disputes. We know exactly what arguments work for the fastest possible resolution of a proceeding in court.

Entering into an inheritance is a rather complicated process that requires a lot of time and certain legal knowledge, and there is also a legally limited period for accepting an inheritance, which is why it is preferable to have all the formalities handled by a specialist.

When dividing an inheritance between heirs, who are usually close relatives, disputes often arise that can only be resolved in court, and here qualified legal assistance is essential.

There are several grounds for accepting an inheritance:

  • by law
  • by testament

The period of acceptance of inheritance does not depend on whether it is accepted by law or by testament. As a general rule, the time limit for accepting an inheritance is six months from the opening date of the inheritance.

When accepting an inheritance by law, there is an order of inheritance that is determined depending on the degree of relationship to the testator.

When accepting an inheritance by testament, the deceased’s opinion on the transfer of certain property to a certain person after his or her death is taken into account.

Expert SM inheritance lawyers have extensive experience in inheritance matters and participation in inheritance disputes, which is why contacting Expert SM will save you time and unpleasant emotions when registering an inheritance as well as in the case of legal proceedings.

By opting for Expert SM specialists, our private clients can be assured of choosing the right legal position at any stage of the proceedings, from negotiations to dispute resolution (which is usually the most emotional phase), and ending with appeals against judgments already rendered in the courts of the second and higher instances.

Services of a lawyer for probate disputes

The experts of our company are ready to offer our clients the following services in the area of inheritance law:

  • Representing the client’s interests in claims to determine the degree of kinship, contesting a testament, establishing the fact of acceptance of an inheritance, recognition as an heir and division of inherited property, etc.

During a divorce, spouses often resort to judicial assistance in dividing the property they have acquired during the marriage, determining the place of residence and the order of communication with their children (which parent the child will live with and how the child will communicate with the other parent).

A prenuptial agreement and an agreement on division of property.

More and more people getting married think about the consequences if living together suddenly comes to an end for one reason or another. From a legal point of view, it is certainly right to talk to your other half about the responsibility of dissolving the marriage in order to avoid hostility after the divorce.

For a good lawyer, the best case is the one that does not go to court, which is why we strongly recommend that our private clients enter into a prenuptial agreement when getting married, which sets out the consequences for the parties if it fails. Also, when a marriage is dissolved, we strongly recommend that you enter into an amicable property division agreement without going to court.

How can we help you?

The family law specialists at Expert SM are ready to offer assistance to our private clients in the following actions:

Representation of interests in court on claims for:

1. Dissolution of marriage, recovery of alimony

2. Division of jointly acquired property

3. Determination of the order of communication with children

4. Determination of the place of residence of children

5. Recovery of alimony

as well as:

• Drafting of a prenuptial agreement (contract)

• Drafting of agreements on the division of jointly acquired property, the determination of the order of communication and place of residence of the children, and on alimony

Real estate transactions support is a legal service provided by the Expert SM consulting company. It is relevant in all cases where the purchase of any residential or commercial property is planned, because only with the help of a qualified lawyer can risks be minimized and the loss of a lot of money prevented.

  • Buying an apartment with cash.
  • Registration of mortgage agreement.
  • When renting an apartment to draw up a rental agreement. Its provisions are important: if the tenants damage the property of third parties, if the contract is not drawn up correctly, the owner must pay for the damage.
  • Buying and selling an apartment, where a real estate agency can offer help, but only a qualified specialist with legal training can ensure the complete cleanliness of the transaction.

There may be other cases when a lawyer is needed for the purchase and sale: objecting to the transaction, invalidating the contract, drawing up the contract itself.
What is included in the contract to support real estate transactions?
When contacting a lawyer who supports the transaction, an appropriate agreement is concluded that reflects information about the parties: between whom the agreement was drawn up, who bears what responsibility.

Relations with government agencies in today’s realities are not only the lot of legal entities, but also individuals.

From time to time, each of us is faced with the need to contact any department to obtain certificates, extracts, deregister, register, go through the registration procedure, appeal traffic police fines, disagreements arising with real estate registration authorities, tax authorities, pension fund, social security authorities, etc.

Today, the courts are hearing a lot of cases involving disputes with the registry service, in which bona fide purchasers are trying to prove their ownership of this or that property.

We offer our clients:

  • representation of interests in all government bodies
  • judicial appeal of decisions and protocols on bringing to responsibility
  • consulting on any legal issues
  • drawing up complaints against actions (inaction) of government agencies, filing claims to challenge an administrative act

The activities of the employee and the employer are clearly regulated by the norms of the Labor Legislation (Labor Code of the Republic of Azerbaijan), ignoring or non-compliance with which can lead to rather sad consequences, especially for the employer.

When a conflict arises between an employee and an employer, situations often occur when the employer sets himself the goal of firing the employee at any cost, preferably for negative reasons.

Non-payment of wages is one of the most common litigation in the relationship between an employee and an employer. 

Our experts have many years of experience in dealing with such cases. Representing the interests of employees, we can conduct both a civil case in a court of general jurisdiction, as well as courts of appeal and cassation, together with lawyers from the Lawyer’s Office of Expert SM.

We offer our clients the following services in such disputes to:

  • Analyze the employment contract for possible risks
  • Advice on compliance with labor laws
  • Negotiate with the employer on pre-trial settlement of the dispute
  • Prepare and submit applications to the labor inspectorate
  • Represent the interests of the employee in the consideration of labor disputes in court
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