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Publications

24
June

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According to Part 1 of Article 325 of the Arbitration Procedure Code, if the enforcement of an act is repealed, in whole or in part, and a new judicial act adopted, on a full or partial denial of the claim, or the claim is left without consideration, or the proceedings were terminated, the defendant is returned all that was recovered from him in favour of the plaintiff on the repealed, or modified in the relevant part, judicial act.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.

24
June

Exclusive rights of copyright owner during a tender: law enforcement practice

In this review, we consider when requirements for owning exclusive rights may be made for a tender participant, and what opportunities are there for the protection of the copyright owner’s exclusive rights, when these are violated as a result of a tender.

21
June

Public procurement: protecting the exclusive rights of copyright holders

We present, for your information, a collection of articles on issues in the field of exclusive rights protection for copyright holders in the course of public procurement.

23
June

Gaps are being eliminated, but problems remain

The State Duma Committee voted to adopt, during first reading, the draft law clarifying the possibility of protection from prolonged default in kind. Changes proposed to the Federal Law dated 30.04.2010 No. 68-FZ “On compensation for violation of the right to trial within a reasonable time, or the right to have a judicial act performed within a reasonable time”. We examine the basic provisions of the draft law.

23
June

Weighted average standard of municipal services – Supreme Court of RF against

By virtue of Paragraph 1 of Article 157 of the Russian Federation Housing Code, the amount of payment for utility services is calculated based on the amount of consumed utilities, as measured by meter readings, and in their absence, on the basis of regulations of consumption of utilities, approved by the state authorities of the Russian Federation in accordance with the procedure established by the RF Government.

10
June

New rules for the activities of foreign-controlled companies

The goal of de-offshorization is to limit the ability of aggressive tax planning using a foreign element, and for taxing the retained earnings of foreign companies controlled by Russian tax residents. These new changes have affected not only taxpayers using foreign companies for tax planning purposes, but also the work of foreign companies that receive income from Russia.

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