Conversion of operational leasing into financial leasing for a Russian airline. Jurisdictions: England, Bermuda, Russia.
Purchase of an aircraft engine:
Transaction for the purchase and delivery of an aircraft engine for an aviation leasing company. Jurisdictions: English and Hong Kong law.
Aircraft purchase and hangar construction:
Preparation of a memorandum of understanding for the purchase of aircraft, construction of hangars, and establishment of maintenance stations in the Republic of Uzbekistan. Jurisdictions: Uzbekistan, Russia.
Organization of payment for invoices from foreign counterparties:
Structuring foreign economic transactions, including the establishment of four companies in Kazakhstan to organize payment services for foreign counterparties. Jurisdictions: Kazakhstan, Hong Kong, China, England, Russia.
Hydroelectric power station in Africa:
Structuring and execution of the deal for the construction of a hydroelectric power station in Kenya, covering an area of 13,903 m². The project involved complex construction conditions on steep slopes and the need to use railways for material delivery. Jurisdictions: Germany, Kenya, England.
Accounting cases
Development of an operational framework for a publishing house:
Addressing payment issues with suppliers, clients, and employees
Selection of a free zone
Approval of business activities through the ministry
Registration of a local company in Dubai with a license for Publishing of Books & Other Publications Services
Working with crypto payments using a crypto license:
Development of infrastructure and addressing accounting and legal support issues for the company’s activities using digital and crypto assets.
Opening a company in a Free Zone
DMCC Free Zone
Opening a personal dirham bank account
Opening a corporate bank account
Obtaining a visa
VAT registration
Corporate tax registration
VAT filing
Corporate tax filing
Accounting
Legal matters for businesses and beneficial owners
Accountant consultation
Bank compliance consultation
Tax consultation
Consultation on free zones, business activities, and banks
Representation at the Dubai International Arbitration Centre (DIAC)
Company due diligence before payment
Compliance support for bank accounts
Author's Accounting, in collaboration with the law firm "Temis," offers 2 service packages
Company formation
Comprehensive company services: accounting and legal support
Ideal for entrepreneurs looking to establish a business in Dubai, UAE
Full support and maintenance of an existing company: accounting and legal services
Ideal for entrepreneurs already operating in Dubai, UAE
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Since 2015, we have been supporting aviation leasing transactions
10+ successful transactions worldwide per year
Our company, Temis, provides legal support for aviation leasing, ensuring comprehensive legal assistance for aircraft rental transactions. We assist clients at all stages of aircraft or helicopter leasing, considering legal requirements and international regulations.
Our services include:
Contract Preparation and Analysis
We draft and review aircraft leasing agreements, safeguarding our clients’ interests and minimizing legal risks.
Legal Due Diligence of Transactions
Our specialists conduct a thorough legal assessment of aviation leasing conditions, analyzing regulatory requirements and tax implications.
Aircraft Registration
We assist with the registration of aircraft and helicopters in aviation registries and the preparation of necessary documentation.
Consulting on International and National Legislation
We provide legal advisory services on aviation leasing regulations, including Kazakhstan’s legal framework and international standards.
Advantages of International Aircraft Leasing
Aircraft leasing is one of the most efficient financial models, allowing airlines, private operators, and business aviation to use modern airplanes and helicopters without the need for significant initial investments. This tool is widely used across the globe and is regulated by a combination of international and national laws, including aviation law and international financial regulations.
Diverse Forms of Aircraft Leasing
Several forms of aircraft leasing are commonly used in global practice, each offering distinct advantages:
Operating Lease – Temporary leasing of an aircraft without an obligation to purchase it afterward.
Financial Lease – Long-term lease with the option to acquire the aircraft at the end of the contract.
ACMI Lease (Aircraft, Crew, Maintenance, and Insurance) – A lease that includes a full-service package, covering crew, technical maintenance, and insurance.
Selecting the optimal leasing structure requires legal and financial expertise, along with precise transaction terms assessment.
Flexibility and Convenient Lease Calculation
With advancements in financial technology, it is now possible to calculate leasing costs online using specialized calculators. These tools consider various factors such as lease duration, aircraft type, interest rates, and operational conditions. Modern digital solutions enable the modeling of contract terms and forecasting of financial commitments.
Legal Framework for Aircraft Leasing
International aviation law plays a crucial role in aircraft leasing transactions, governing registration, maintenance, insurance, and taxation. Key international agreements affecting aircraft leasing include:
Cape Town Convention – Regulates creditor and lessee rights in aircraft leasing transactions.
Montreal Convention – Defines airline liability in international air transport.
Chicago Convention – Establishes fundamental rules for international civil aviation.
Companies operating in the global aviation market must also consider national legal requirements and regulatory compliance in various jurisdictions.
Transparency and Confidentiality in Leasing Transactions
In most countries, aircraft leasing agreements do not require public disclosure of ultimate beneficiaries, ensuring a high level of confidentiality and protecting the interests of all parties involved.
Financial Efficiency and Tax Benefits
Aircraft leasing helps reduce tax burdens through depreciation mechanisms, optimized tax liabilities, and specialized taxation regimes. Many countries offer favorable tax conditions, including VAT exemptions and tax incentives for airlines and aviation companies.
Freedom of Currency Transactions and Global Settlements
In most jurisdictions, aircraft leasing transactions are not restricted by currency regulations, allowing lessees to utilize global payment systems and engage with international financial institutions. This flexibility enhances financial efficiency and simplifies payment processes.
The Future of Global Aircraft Leasing
The demand for aircraft leasing continues to grow, driven by:
The expansion of civil aviation
Increased demand for private and corporate air travel
The need for airlines to renew their fleets with minimal financial risks
Choosing the right leasing model, ensuring proper legal support, and conducting professional financial analysis allow businesses to fully leverage the benefits of aircraft leasing worldwide.
The Al Shindagha Museum, located on the shores of Dubai Creek in the renowned historic district of Al Shindagha, has been chosen as the venue for the 13th Conference on Aviation Law. This museum serves as a beacon of Emirati heritage, bridging the rich past with the future and showcasing contemporary Emirati identity.
The museum complex consists of 21 unique structures, including the House of Sheikh Saeed Al Maktoum, built in 1896. Until the mid-20th century, it was the residence of the ruling Al Maktoum dynasty, to which Dubai’s current emir belongs. Today, the building houses a museum dedicated to the ruling family.
For the conference, a spacious and well-lit Visitor Center has been designated, seamlessly blending with its historical surroundings. Its modern facilities will ensure a comfortable experience for delegates throughout the working day.
As part of the event, delegates will be offered a guided tour within the walls of Al Shindagha Museum, providing an immersive journey through the history of human innovation, resilience, and the drive for progress that has shaped modern Dubai.
📍 Al Shindagha Museum: Dubai, Al Khaleej Road, House 57
In the photo: Moderator: Shadi ALSHDAIFAT, Associate Professor of International Public Law, Sharjah University, Sharjah Speaker: Maxim ASTAFYEV, Deputy General Director for Legal Support, S7 Airlines, Moscow Speaker: Lale KAPLAN, Lecturer in Aviation Law and Turkish Labor Law, Özyeğin University, Istanbul Speaker: Oksana KARPACHEVA, Managing Partner, Themis, Krasnoyarsk Speaker: Hao LIU, Secretary General, Joint Authorities for Rulemaking on Unmanned Systems (JARUS), Beijing
Existential Threats and Risks to Aviation
We are proud to announce that the Thirteenth Aviation Law Conference took place from October 17th to 19th, 2024, in Dubai (UAE), gathering leading global experts, scholars, airline representatives, and government officials to discuss key issues in the industry. Organized by the National Aviation Law Association and the AEROHELP Institute of Air and Space Law, the conference was held at the historic and symbolic location of the Al Shindagha Museum. This setting allowed participants not only to dive into discussions but also to experience the hospitality and grandeur of the Emirates.
The inspiration for the discussions came from the panel “Existential Threats and Risks for Aviation,” moderated by Professor Shadi Alshdaifat, an expert in international public law from the University of Sharjah. Notable presentations included those by Maxim Astafyev (Deputy General Director for Legal Support at S7 Airlines, Moscow) and Hao Liu (Secretary General of JARUS, Beijing). Astafyev provided practical and valuable recommendations, while Hao Liu offered a detailed analysis of the 11 most pressing threats to the aviation community, which resonated deeply with the audience. Madame Lale Kaplan, Lecturer in Aviation and Labor Law at Özyeğin University (Istanbul), presented a scientific approach to aviation safety issues, proposing international perspectives on solutions. Oksana Karpacheva (Managing Partner at Themis, Krasnoyarsk) emphasized the growing importance of cyber threats, helping participants gain a deeper understanding of digital security in aviation.
Equally impressive was the panel “Towards a Unified Sky in a Multipolar World,” moderated by Professor Pablo Méndez de León, a renowned expert in aviation law from The Hague. Dmitry Zverev, State Secretary and Deputy Minister of Transport of the Russian Federation, presented Russia’s vision for global cooperation. Rajesh Singh (Special Director of InterGlobe Aviation, India) shed light on regional issues in India and their potential solutions.
Another highly anticipated panel was “Financing in Aviation or Money Down the Drain?” moderated by Ilya Kabachnik (Deputy General Director for Aviation Insurance at AlfaStrakhovanie, Moscow). Speakers such as Vladislav Rikoff (Partner and Head of Aviation and Asset Financing Practice, BGP Litigation, Moscow), Sherif Hosseini (Partner and Head of Aviation Practice at Matouk Bassiouny & Hennawy, Cairo), and Vladimir Kilinkarov (Partner and Head of Infrastructure and PPP Practice at Nextons, Moscow) discussed the future of financing, leasing, and public-private partnership (PPP) projects. This session offered a deeper understanding of the financial aspects of aviation, their impact on industry growth, and capital management strategies.
The “The Passenger is Always Right! – A Theorem or an Axiom?” panel, moderated by Mia Wouters, Professor of Aviation Law at Ghent University (Brussels), addressed pressing issues related to passenger rights and airline liability. Speakers included Angela Norina (Partner, Norina and Partners, Vladivostok), Rinat Gareev (Senior Legal Advisor, Whitecliff Management, Dubai), Yuri Morozov (Senior Partner, Attorneys Group, Moscow), and Zlata Vorontsova (Head of Marketing and PR, TCP, Moscow).
The “Manned and Unmanned Aviation: Liability and Obligations” panel, moderated by Hao Liu, also generated extraordinary interest. The session featured presentations by Anton Nikiforov (Aviation Expert, Moscow), Olga Koloshich (Head of Legal and HR Department, Ministry of Transport and Communications of the Republic of Belarus, Minsk), Carlos Beltran (Chief Operating Officer, ATAA, Dubai), and Gleb Babintsev (CEO, AERONEXT Association, Moscow). The discussions were particularly heated, covering both the future of unmanned technologies and issues of liability surrounding their implementation.
After the intensive program, participants enjoyed a gala dinner aboard a three-deck yacht, taking in the stunning night view of Dubai, which glowed with bright lights, symbolizing the unity of the international aviation community. This conference marked an important milestone for the development of the industry, bringing specialists from around the world together in pursuit of a safe and efficient future for aviation.
On the photo: Shadi ALSHDAIFAT, Associate Professor of International Public Law, University of Sharjah, Sharjah; Hao LIU, Secretary General, Joint Authorities for Rulemaking on Unmanned Systems (JARUS), Beijing; Oksana KARPACHEVA, Managing Partner, Themis, Russia; Cătălin RADU, General Director, Civil Aviation Administration of Kazakhstan, Astana.
Pablo MENDES DE LEÓN, Professor of Air and Space Law, The Hague; Rajesh SINGH, Special Director, InterGlobe Aviation (IndiGo Airlines), Gurgaon.
Yuri MOROZOV, Senior Partner, Attorneys Group, Moscow; Alexey Leonov, Advisor to the CEO, “Ai Fly” JSC.
Oleg AKSAMENTOV, Director, AEROHELP Institute of Air and Space Law, St. Petersburg; Anton NIKIFOROV, Expert, AEROHELP Institute of Air and Space Law, St. Petersburg; Vera Aksyuk, Deputy Head of Digital Transformation and Information Support Department, Rosaviatsiya, Moscow, Russia; Vera Obraztsova, Konvers Avia, Tver, Russia; and other colleagues.
Oksana Alexandrovna Karpachyova successfully managed a complex aircraft purchase and delivery transaction under the current sanctions. The project was divided into several key stages, allowing for efficient supply chain management and full compliance with aviation law. The transaction included the following phases:
Engines – procurement, documentation, and delivery of aircraft engines.
Landing Gear – legal support for the supply and installation of the landing gear.
Airframe – organization of the transfer and registration of the aircraft’s main structure (airframe).
Upon the successful completion of each phase, the aircraft was assembled and delivered to the Russian Federation for final registration.
The project spanned three jurisdictions, each with its own legal framework and regulatory requirements:
UAE – transaction support and agreement negotiation.
Azerbaijan – transit and logistics coordination.
Russia – aircraft registration within the Russian Federation and compliance with national aviation law.
Oksana Alexandrovna Karpachyova provided comprehensive legal support at all stages of the transaction, including negotiations with international partners and regulatory authorities across different countries. Given the challenges posed by sanctions, the deal required meticulous legal oversight and risk minimization for all parties involved.
Thanks to her expertise and professionalism, the transaction was successfully completed, ensuring the safe and timely delivery of the aircraft to the client. The legal support provided by Themis Law Firm ensured full compliance with international and national aviation law, guaranteeing transparency and legitimacy throughout the process.
Themis Law Firm has successfully completed a project providing legal support for the purchase and delivery of aircraft engines for a Russian airline. The lead attorney for the transaction, Oksana Alexandrovna Karpachyova, provided comprehensive legal assistance at all stages of the process.
The project encompassed not only the organization of the transaction but also the resolution of complex issues related to international law and aviation regulations. A crucial part of the work involved ensuring that all contracts complied with Russian and international aviation standards, as well as meeting the delivery deadlines for the equipment.
Key tasks completed by Oksana Alexandrovna Karpachyova included:
Legal support during negotiations with the aircraft engine supplier.
Verification of the contract’s legal integrity and documentation related to delivery terms and warranty obligations.
Organization and coordination of the approval process with Russian aviation authorities.
Drafting and overseeing the execution of supply agreements, including payment terms and delivery conditions.
Thanks to the high-level expertise of our attorney, the aircraft engine purchase deal was completed on time, enabling the Russian airline to receive the engines promptly and use them for fleet expansion and modernization. Themis Law Firm’s legal support ensured full compliance with all regulatory requirements and minimized legal risks for the client.
Aviation spare parts supply is a complex and responsible process that directly impacts the safety and uninterrupted operation of aviation equipment. In this article, we will explore in detail how aviation spare parts deliveries are organized, the necessary documents and procedures for their successful implementation, and the role of legal assistance in resolving legal issues related to international deliveries.
Importance of Aviation Spare Parts Supply
The aviation industry demands extremely high standards for the quality and reliability of all components used. Every part, whether it is an engine, control system, or a small element of the fuselage, must comply with strict safety standards. This is why the aviation spare parts supply process requires a detailed approach, the coordinated work of many specialists, and adherence to various legal and technical regulations.
Main Types of Aviation Spare Parts:
Engines and their components – essential elements for the operation of an aircraft.
Control and navigation systems – ensure flight safety and route accuracy.
Hydraulic and electrical systems – ensure stable functioning of the aircraft throughout the flight.
Main Stages of the Aviation Spare Parts Supply Process
The supply of aviation spare parts requires precise adherence to all logistical and legal procedures. Let’s examine the key stages:
Finding and Choosing a Supplier
Before purchasing spare parts, it is necessary to select a reliable supplier. This could be either an official manufacturer or a specialized dealer. Key selection criteria include:
Availability of quality certificates;
Experience in the aviation sector;
Positive reviews and recommendations.
Signing the Contract
Once the supplier is selected, a contract must be signed specifying delivery terms, obligations of the parties, deadlines, and cost. At this stage, the involvement of a lawyer is critical to ensure the contract complies with the law and serves the client’s interests.
Documentation and Certification
All aviation spare parts must be certified. It is necessary to prepare and arrange documents such as:
Certificates of conformity (e.g., EASA Form 1 or FAA 8130-3);
Declarations of compliance with safety standards;
Customs documents.
Legal assistance is also essential at this stage to avoid documentation errors that could lead to delivery delays or rejection.
Logistics and Delivery
Aviation spare parts can be delivered by air, sea, or land. Special attention must be given to:
Delivery times;
Storage and transportation conditions;
Passing customs procedures.
Problems Arising in Aviation Spare Parts Supply
As in any international logistics process, the supply of aviation spare parts may encounter various challenges. Some of these require legal intervention, where a lawyer can be of great assistance.
Customs Issues
Customs clearance of aviation spare parts is a complex process that requires in-depth knowledge of legislation and regulations. Problems may arise if documents are filled incorrectly, necessary certificates are missing, or there are questions about product classification. In such cases, a lawyer’s help can quickly resolve disputes and avoid delays.
Supplier Issues
Situations often arise when a supplier violates contract terms, fails to meet deadlines, or delivers substandard products. A lawyer can assist in such matters, from negotiations and out-of-court dispute resolution to representing the client’s interests in court.
Breach of Contractual Obligations
Aviation spare parts supply contracts often contain numerous conditions that must be strictly followed. A lawyer monitors the fulfillment of all contractual obligations and helps resolve conflicts related to the violation of these terms.
The Role of a Lawyer in Aviation Spare Parts Supply
Legal support is a crucial part of successfully organizing aviation spare parts deliveries. A lawyer’s assistance may include consultations during the contract conclusion stage as well as protecting the client’s interests in case of disputes. Let’s review key areas where legal assistance is indispensable:
Contract Drafting
Signing a contract with a supplier is a complex process that requires legal analysis of all terms. A lawyer helps avoid unfavorable clauses that may be hidden or not obvious to the client.
Dispute Resolution with Suppliers
In case of disagreements with suppliers, a lawyer can help settle the dispute out of court, preserving business relationships and avoiding unnecessary legal costs.
Customs Support
Filling out customs documents requires strict compliance with all rules and regulations. A lawyer verifies the accuracy of documents and helps avoid errors that could lead to delays or rejection of delivery.
Benefits of Legal Assistance in Aviation Spare Parts Supply
Benefit
Description
Business Impact
Protection against legal risks
A lawyer ensures proper document handling
Reduced risk of disputes
Financial loss prevention
A lawyer helps resolve disputes, preventing financial losses
Saves company funds and resources
Supply optimization
Legal support speeds up the delivery process
Timely deliveries ensure smooth business operation
Conclusion
The supply of aviation spare parts is a complex process that requires a professional approach and strict adherence to legal and logistical standards. From selecting the right supplier and handling documentation to contract execution control, every stage demands attention to detail. Legal assistance in aviation spare parts supply helps avoid legal issues, minimize risks, and ensure the stable and safe operation of aircraft.
Our law firm “Themis” has successfully completed comprehensive legal support for a transaction involving the purchase and supply of aircraft engines for one of the Russian airlines. The project included the development of contractual documentation, coordination of deal terms with suppliers, and ensuring compliance with all regulatory requirements.
Lead Lawyer: Oksana Aleksandrovna Karpacheva, an aviation law expert with many years of experience, served as the principal expert on the project. Thanks to her professionalism and in-depth knowledge of the aviation industry, we were able to minimize legal risks and ensure effective communication between the parties involved.
Key Results:
Successful negotiation of contract terms in the client’s best interests.
Full compliance of the transaction with the current legislation of the Russian Federation.
Organization and oversight of legal support throughout all stages of the delivery process.
This case demonstrates our high level of professionalism in handling complex transactions, highlights our expertise in aviation law, and emphasizes our individualized approach to each client.
International Arbitration – A Dispute Resolution Process Between Parties Operating in the Global Business Sphere
International arbitration is a form of dispute resolution between parties involved in international business or interactions. This process entails the review of the case by an independent arbitration body. To achieve a successful outcome, it is crucial to have the support of an experienced lawyer specializing in international arbitration.
What is International Arbitration?
International arbitration is an alternative to state courts, designed to resolve commercial disputes between companies and government bodies across different countries.
Key Principles of International Arbitration:
Independence: The dispute is resolved by independent arbitrators, not by a state court.
Confidentiality: Parties can expect privacy during the process.
Flexibility: Participants can agree on the rules for handling the dispute.
The Role of Lawyers in International Arbitration
Lawyers play a key role at every stage of the arbitration process. They provide professional support to clients, protect their interests, and assist in obtaining a fair decision.
Key Responsibilities of a Lawyer:
Consultation: Developing a defense strategy and explaining the arbitration process to the client.
Document Preparation: Drafting claims, memoranda, and other procedural documents.
Representation: Participating in arbitration hearings and defending the client’s interests.
Key Stages of International Arbitration
Choosing an Arbitration Institution: For example, the International Commercial Arbitration Court (ICAC) or the Arbitration Institute at the Chamber of Commerce.
Filing the Claim: Preparing and submitting the claim.
Dispute Resolution: The procedure may include written submissions and oral hearings.
Enforcement of the Decision: The arbitration decision is binding on the parties.
Advantages of Hiring a Lawyer
An international arbitration lawyer helps clients minimize risks and avoid mistakes that could affect the outcome of the case.
Professional Defense: An experienced lawyer knows how to effectively defend the client’s interests.
Time Savings: The lawyer handles the preparation and management of the case.
International Experience: The lawyer’s expertise includes knowledge of foreign legal systems and standards.
Comparison Table: Lawyer’s Services in International Arbitration
Stage
Lawyer’s Role
Outcome
Consultation
Case evaluation, strategy development
Client understands possible outcomes of the dispute
Document Preparation
Drafting claims, petitions, and evidence
Documents comply with international standards
Court Representation
Participation in the arbitration process
Confident defense of the client’s interests
How to Choose an International Arbitration Lawyer?
To find a reliable specialist, consider several key aspects.
Experience and Specialization: The lawyer should have a proven track record in international arbitration cases and knowledge of the client’s business sector.
Reputation: Check reviews about the lawyer, their ranking in professional legal associations.
Personal Qualities: An effective lawyer not only defends the client’s interests but also explains complex legal nuances in an accessible manner.
Conclusion
International arbitration is a complex and multi-stage process that requires professional legal support. By turning to an experienced lawyer, the client gains the opportunity to protect their interests and achieve a fair decision. Choosing the right lawyer is an investment in the successful outcome of the dispute and confidence in the legality of the decisions made.