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Moving unitary enterprises to the contract system

In the final days of the spring session of the State Duma of the Russian Federation, an important law was passed aimed at strengthening control over procurement by state and municipal unitary enterprises. In this research report, we examine the key provisions of that legislation and its legal consequences for unitary enterprises.


Tightening of administrative responsibility for violation of legislation on the contract system

Before its spring session ended, the State Duma of the Russian Federation adopted Federal Law dated 3 July 2016 No. 318-FZ “On Amendments to the RF Administrative Offences Code”. This law increased the number of actions that can be considered as administrative offenses, involving the violation of procurement procedures, as established by the legislation on the contract system, as well as the tightening of administrative responsibility for specific violations.


Overturning the enforcement of a judgment: is it possible to collect interest?

According to Part 1 of Article 325 of the Arbitration Procedure Code, if the enforcement of an act is repealed, in whole or in part, and a new judicial act adopted, on a full or partial denial of the claim, or the claim is left without consideration, or the proceedings were terminated, the defendant is returned all that was recovered from him in favour of the plaintiff on the repealed, or modified in the relevant part, judicial act. In the application of the rule of law, courts have said there were issues related to the accrual of interest for the use of funds in the case when these funds were transferred to the claimant, after the entry into force of the judicial act, but later the judicial act was abolished through a cassation appeal. Answers to these questions were given by the court when resolving a particular dispute.


Несопоставимые взаимозаменяемые

ФАС России в своих разъяснениях неоднократно сообщала позицию службы по вопросу взаимозаменяемости отдельных лекарственных препаратов. В частности, в Письме от 9 апреля 2014 года № АК/13610/14 указано, что различные дозировки лекарственных препаратов следует считать взаимозаменяемыми, если существует возможность их кратного сопоставления. В то же время на практике применение указанного принципа не является универсальным.


Compensation for damages by way of recourse – selection of the right defendant

According to Part 1 Article 1081 of the Russian Civil Code, the entity compensating for the harm caused by another entity, has a right of demand (recourse) towards this latter entity for the full amount paid, unless another amount is set by law. As a general rule, the debtor of recourse is obliged to compensate the creditor, who has made a payment in full to a third party.


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