Analytics Legal analytics Trade and Commerce

13
October
2016

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
Natalia Abtseshko, Head of International projects group
22
September
2016

Preferences for Russian goods during procurement, according to law No. 223-FZ

On 16 September 2016, the Russian Government adopted Decree No. 925 "On the priority of goods of Russian origin, works and services carried out or rendered by Russian entities in relation to goods originating from a foreign country, works and services carried out or rendered by foreign entities". This decree states the priority be given to Russian goods / Russian entities during procurement, carried out under the Federal Law of 18 July 2011 No. 223-FZ "On procurement of goods, works and services from certain kinds of legal entities". The decree shall enter into force on 1 January 2017.
Alexander Sitnikov, Managing partner
20
February
2015

Wholesale and retail mark-ups in VED trading: price regulation and state procurement

Federal Law dated 5 April 2013 No. 44-FZ “On the contract system in the area of procurement of goods, works, and services for state and municipal needs” (hereinafter – the Law No. 44-FZ) for the first time consolidated in federal legislation special rules governing the purchase of vital and essential drugs (VED). Nevertheless, already in the first year of application of these provisions, conflicting interpretations arose on the part of government customers, regulators, and market participants. (This legal update is available only in Russian)
Alexander Sitnikov, Managing partner
11
March
2014

Nationwide Survey "Practice of Fighting the Corporate Fraud"

VEGAS LEX law firm and Russian Union of Industrialists and Entrepreneurs are happy to bring to your attention the Nationwide Survey «Practice of Fighting the Corporate Fraud» Final Report. The key mission of the Survey was to improve the tools of fighting the corporate fraud in Russia and elaborate suggestions for improving and updating Russian laws.
Maxim Grigoryev, Partner, Head of Southern directorate, Head of special projects
Ilya Shengeliya, Compliance Counsel
27
May
2013

State fee is not refundable in the event of failure in the performance of a legally significant action

On 23 May 2013, the Constitutional Court of the Russian Federation announced its decision on a case involving the constitutionality of Art. 333.40 of the RF Tax Code, which establishes the grounds and procedures for the return of the state fee paid for the performance of legally significant action. (This legal update is available only in Russian)
Igor Chumachenko, Partner, Head of Real Estate, Land & Construction practice
25
April
2013

Government purchases: reloaded. Build 20.14

On April 8, 2013, Federal Law No. 44-FZ "On contractual system in the procurement of products, works and services to satisfy state and municipal needs" (Hereafter referred to as the Contractual System Law) was published; from January 1, 2014, it is to replace the current law on orders placement.
Maxim Grigoryev, Partner, Head of Southern directorate, Head of special projects
Ilya Shengeliya, Compliance Counsel
30
October
2012

Ways of the Federal Law-223 development

October 25, 2012, the Committee on Land Relations and Construction of the State Duma of the Russian Federation helda round table discussion on "The implementation and ways of improving of the Federal Law of July 18, 2011, № 223-FZ "On the procurement of goods, works and services by certain categories of legal entities" (hereinafter - the Law 223-FZ).
21
June
2011

Novel amendments to legislation: regulation of retail prices for socially important industrial goods

On 09 June 2011, the State Duma introduced a bill “On Amendments to Article 8 of the Federal Law – On the basis of state regulation of commercial activities in the Russian Federation”. The draft bill gives the Government of RF the authority to set additional maximum allowable retail prices for socially important industrial goods, if during 30 consecutive calendar days, retail prices grow by ten percent or more. (This legal update is available only in Russian)
Сollective of authors, VEGAS LEX
1
March
2011

Trade and commercial policies of pharmaceutical market participants. Risk areas

In 2010, the Federal Antimonopoly Service conducted a series of tests, the results of which indicate certain general trends in the approach of the antimonopoly authority to the qualification of provisions of trade and commercial policies. In particular, FAS considered a test case against the two pharmaceutical companies: Johnson & Johnson and Novo Nordisk LLC, the analysis of which allowed identifying key areas of risk for the manufacturers of medicinal products and medical devices. (This legal update is available only in Russian)
12
October
2016

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.
Alexandra Vasyukhnova, Partner, Head of Technology and Investment group
5
August
2016

Purchases under new preference rules in exchange for investments

On 1 September 2016, shall come into force changes to the Federal Law “On the contract system in the procurement of goods, works and services for state and municipal needs”, made by the Federal Law dated 3 July 2016 No. 365-FZ.
Alexandra Vasyukhnova, Partner, Head of Technology and Investment group
2
July
2014

Court sought lost profits from a foreign company, caused by the violation of antimonopoly legislation

On 24 June 2014, Arbitration Court of Moscow decided to recover from a foreign manufacturer of medicines damages in the amount of 408.375 million roubles in favour of their Russian counterpart (Case No. A40-14800/14). (This legal update is available only in Russian)
Alexander Sitnikov, Managing partner
18
December
2013

Customs regulations

Plenum of SAC RF provided clarification aimed at forming a unified approach to the resolution of issues arising from the consideration of cases by arbitration courts concerning the application of customs legislation. (This legal update is available only in Russian)
Alexandra Vasyukhnova, Partner, Head of Technology and Investment group
21
May
2013

Consumers blackmaling the car dealers

Recently, in the sphere of retail purchase and sale of vehicles, gaining momentum is such a thing as “consumer greenmail” (in other words, consumer blackmail). The consumer imposes on the car dealer unfavourable conditions for the sale of the car, often blackmailing by claiming violation of his rights and of existing legislation and sometimes threatening litigation. Such consumer behaviour from a formal point of view is lawful, and at first glance, it may be recognized only as “unethical”. At the same time, it is fraught with serious financial and reputational losses for the auto dealers. In this connection, the problem of “consumer greenmail” requires thorough diagnostics and systemic solutions.
Maxim Grigoryev, Partner, Head of Southern directorate, Head of special projects
Ilya Shengeliya, Compliance Counsel
12
April
2013

Changes in the tax laws of the Russian Federation

On 05 April 2013, signed was Federal Law No. 39-FZ “On Amendments to Part Two of the Tax Code of the Russian Federation and Article 4 of the Federal La – On Amendments to Certain Legislative Acts of the Russian Federation in connection with the improvement of pricing principles for tax purposes”. The review reflects the substantial changes in the Tax Code. (This legal update is available only in Russian)
Yuriy Ivanov, Head of Tax practice
18
May
2012

Q & A: The violation of antimonopoly legislation by credit institutions and insurance companies

Responses and recommendations are based on jurisprudence practice in the years 2010 – beginning of 2012. In connection with the amendments to the Law on Protection of Competition, we can expect a change in the practice of antitrust authorities and courts. (This legal update is available only in Russian)
Alexander Sitnikov, Managing partner
16
May
2011

Trade Law: Legislative novel amendments and development of enforcement practices

During the period from August 2010 to April 2011 as a result of the antitrust authorities examining 247 cases, in which the facts of infringement were established, imposed turnover-based and other fines in accordance with the Administrative Offences Code totalling 65.5 million roubles. (This legal update is available only in Russian)
Сollective of authors, VEGAS LEX

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