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The alcoholic products market: actual problems, regulation, litigation

The alcohol market occupies a leading position among the other branches of the food sector in Russia, bringing considerable income into the state budget. During the years 2012-2014, as a result of a sharp increase in excise rates on alcoholic beverages, and the general deterioration of the economic situation, retail sales of alcohol in Russia decreased by almost one quarter, due to outflow of consumers to the illegal sector. In this regard, the Federal Service for the Regulation of the Alcohol Market in Russia has taken a number of measures, which in 2015, were able to halt the decline in retail sales of alcoholic beverages


Trade Act: new rules

In July of this year, substantial changes were made to the Federal Law dated 28.12.2009 No. 381-FZ “On the Basis of State Regulation of Commercial Activities in the Russian Federation”. The most controversial and debated turned out to be a new provision, which provides for the limitation of the total amount of remuneration payable to suppliers of food products to retail chains for the acquisition of a certain number of goods, and the payment for additional services.


Usage of court injunctions in IP disputes. What may be done by market players?

The mechanism of court injunctions may effectively protect the exclusive rights of market players. The APC provides enough instruments to protect the business. Therefore, it is not necessary to change the existing laws and regulations. However, the usage of court injunctions in IP-related pharmaceutical disputes is not that simple. The court’s opinion in such cases is influenced by the complexity of pharmaceutical patents and the social factor. Thus, it is crucial to form a positive judicial practice to protect the IPR of pharmaceutical manufacturers (specifically in cases related to IP protection during state procurement of medicines). Below, we provide the roadmap on current practical gaps in this sphere, and possible ways to move things forward.


New legislative measures to regulate the treatment of cryptocurrency

In April - May 2016, the Russian Ministry of Finance has prepared amendments to the Federal Law dated 10 July 2002 No. 86-FEZ “On the Central Bank of the Russian Federation (Bank of Russia)”, which prohibits the issuance and turnover in Russia of cryptocurrency, as well as amendments to the Criminal Code and the Administrative Offences Code, toughening penalties for businesses that produce and circulate cryptocurrency.


Alcoholic beverages: production, circulation and advertising

Representatives of the alcohol business sector regularly face a number of legal restrictions and new rules and regulations, which they need to adapt to. It is obvious that the requirements for companies working in the alcohol market will only get tougher, given that the trend to reduce alcohol consumption in the country continues. In this regard, in this article, we will discuss questions in the sphere of production and turnover of alcohol products, such as the regulatory framework for these activities, urgent problems faced by this business sector, especially the advertising of such products, new developments in the field of legal regulation, structural measures undertaken to reform Russian legislation, in order to reduce alcohol consumption.


Supreme Court of the Russian Federation explains how to sue under the new Code

In September of 2015, the Administrative Court Procedure Code of the Russian Federation was enacted, which raised many questions from the side of lawyers, and servants of Themis. The Supreme Court has decided that one year is enough time to sum up the preliminary results of the implementation of this significant new legislation – as separate administrative proceedings. The result of this analysis was the adoption of the Resolution of the Plenum of the RF Supreme Court dated 27.09.2016 No.36. The journal’s experts comment on its main provisions.


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