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4
June
2018

Analysis of competitive situation on digital markets: legislative initiatives and Russian experience

In the “fifth antimonopoly package”, Federal Antimonopoly Service of Russia provides for the possibility to treat, in certain circumstances, the business entity, which owns infrastructure (platform) that is intended to organize and ensure cooperation of business entities and (or) consumers and which holds a commodities market share of less than 35 %, as occupying a dominant position. Specifically, it refers to the cases where network effects give such entity an opportunity to exercise a dominant influence on the general conditions of circulation of commodities and (or) remove other entities from the market and (or) impede access to the respective commodities market by other business entities.
Alexandra Vasyukhnova, Partner, Head of Technology and Investment group
Dmitriy Borodin, Project manager of corporate direction
17
May
2018

Protection of business reputation on the Internet will become more efficient

According to the statistics of the Supreme Court of the Russian Federation, the number of arbitration cases involving claims for protection of business reputation is increasing year by year. Specifically, in 2017, the number of satisfied claims under such cases increased almost double as compared to 2016. Increasingly, the data posted on the Internet becomes the reason for lodging a claim for protection of business reputation. At the same time, judicial defence in such cases becomes more complicated because of the lack of the efficient mechanism of enforcement of court judgments concerning the removal of damaging information. The recent legislative changes regarding enforcement proceedings and information are focused on creation of such mechanism.
Victor Petrov, Partner, Head of Litigation practice
Dmitriy Borodin, Project manager of corporate direction
2
February
2018

Special investment contract under new rules (SPIC 1.1)

Just before New Year’s the Government of the Russian Federation changed the rules for concluding special investment contracts (SPIC). The new rules are meant to improve the SPIC mechanism taking into account its previous application. The amendments will come into force on June 18, 2018 but given the duration of investment planning and the procedure of concluding the contract, it would be useful to know about these changes now.
Maxim Grigoryev, Partner, Head of Southern directorate, Head of special projects
Artem Gasparyan, Senior associate of Southern directorate
15
January
2018

Federal Law No. 223-FZ: only tighten, never loosen

On December 31st, 2017 Federal Law No. 505 "On amending certain Russian Federation legislative enactments" was signed (hereinafter Amendments). The amendments introduce substantial changes into Federal Law No. 223-FZ "On procuring goods, work, and services by certain types of legal entities" dated July 18th, 2011 (hereinafter Federal Law No. 223-FZ).
Alexandra Vasyukhnova, Partner, Head of Technology and Investment group
29
November
2017

Currency controls: the new rules for dealing with banks

In November 2017, two regulatory acts were published that made significant adjustments to the mechanisms for banks to control hard currency. The first one is Guideline Manual No. 181-И, issued by the Bank of Russia (the Central Bank), that must be followed starting January 1st, 2018 to record and furnish reporting on operations with hard currency (hereinafter Manual No. 181-И). The Manual is supposed to loosen currency controls by decreasing the burden borne by residents. The second act has the opposite effect, and is geared toward tightening currency controls. This is Federal Law No. 325-FZ, which, when it enters into force on May 14th, 2018, will make it easier for banks to respond to any violations of currency law, and draws distinctions between the types of administrative liability in this area.
Victor Petrov, Partner, Head of Litigation practice
Ilya Shengeliya, Compliance Counsel
9
November
2017

Personal data protection in Russia: a brief overview

The protection of personal data is becoming one of today’s most pressing issues, resulting in modernization of national legislation on personal data. Federal Law No. 152-FZ dated July 27, 2006 "On Personal Data" (as amended) (hereinafter The Law
Personal Data) defines the basics of personal data regulation in Russia. The General Data Protection Regulation (GDPR), which will take effect in May 2018, gives rise to more discussion than any other supranational act. The GDPR will be directly applicable to a number of Russian companies, since they collect data of European citizens.
9
October
2017

VEGAS Academy: regulatory updates for the Russian pharmaceutical sector, September 2017

Within the framework of VEGAS Academy platform, we continue our monthly series of video updates on the key regulatory developments in the Russian pharmaceutical sector (in English language).
Сollective of authors, VEGAS LEX
4
September
2017

VEGAS Academy: regulatory updates for the Russian pharmaceutical sector, August 2017

Within the framework of VEGAS Academy platform, we continue our monthly series of video updates on the key regulatory developments in the Russian pharmaceutical sector (in English language).
Сollective of authors, VEGAS LEX
21
August
2017

Anonymizers and VPN services are banned. How should the new rules be applied for business-related purposes?

On July 30th, 2017, the Russian President signed Federal Law No. 276-FZ dated July 29th, 2017 "On Introducing Amendments Into the Federal Law on Information, Information Technologies and Information Protection". The Amendments, among other things, prohibit using technologies, information systems, and programs that permit getting around blocked sites with banned content to which access is restricted inside Russian borders. The legislative innovation will only apply to those anonymizers, VPN services, and other programs that provide access to online resources and information and telecommunication networks to which access has been blocked by the Federal Service for Oversight in Communications, Information Technologies, and Mass Communications.
Natalia Abtseshko, Head of International projects group
9
August
2017

VEGAS Academy: regulatory updates for the Russian pharmaceutical sector, July 2017

Within the framework of VEGAS Academy platform, we continue our monthly series of video updates on the key regulatory developments in the Russian pharmaceutical sector (in English language).
Сollective of authors, VEGAS LEX
18
May
2018

Overview of the practice in application by the FAS Russia of antimonopoly legislation for March-April 2018

The practice in application of the provisions of antimonopoly legislation is of a particular importance. Thus, having the knowledge of the current approaches to application of the antimonopoly legislation’s provisions, it is possible to forecast the possibilities and expediency of appealing the acts of antimonopoly authorities in the administrative or judicial proceedings. The VEGAS LEX law firm is providing you with an overview of the practice in application of the antimonopoly legislation’s provisions in March-April 2018.
Alexandra Vasyukhnova, Partner, Head of Technology and Investment group
28
April
2018

Commercial policy of pharmaceutical company: objectives and conditions

In the recent years, the interest of the pharmaceutical industry participants in the matters related to drafting and application of commercial policies is not declining. Within the framework of this overview, we shall do our best to answer some topical issues relating to application of commercial policies by the business entities that occupy a dominant position on the pharmaceuticals markets and on the medical products markets.
15
January
2018

Typical disputes under contracts that involve developing and implementing software 2016-2017

This overview has put together examples of court cases that illustrate the types of disputes that are often encountered arising from the performance of contracts to develop and implement software (PO). Every dispute focuses on one or two legal issues, and permits certain practical conclusions to be drawn that can be beneficial for specialists who work in this area.
Alexandra Vasyukhnova, Partner, Head of Technology and Investment group
Dmitriy Borodin, Project manager of corporate direction
28
December
2017

Failure of the courts to use statutory instruments when resolving disputes – interpretations from the Russian Federation Constitutional Court

By virtue of Section 2, Article 13 in the Russian Federation Arbitration Procedural Code, an arbitration court that has, while reviewing a court case, established that there is a discrepancy between one statutory instrument and another statutory instrument that possesses greater legal validity, including by publishing it and exceeding the scope of authority, adopts the court order that corresponds to the statutory instrument that possesses greater legal validity. This discretionary authority on the part of the arbitration court is aimed toward protecting the interests of the parties involved in litigation, including in those instances where contesting the statutory instrument is impossible under the rules of the administrative proceedings because it was rescinded, either in accordance with judicial or administrative procedures, or because it has expired.
Evgeniy Rodin, Partner, Head of "Resources. Industry. Restructuring"
13
November
2017

Advertising legal requirements (Practical overview)

Advertising is a socioeconomic phenomenon whose uniqueness is marked by the continuous development of techniques and methods to share advertising information with consumers. Companies are always moving forward, creating new approaches how to produce advertising. This requires advertisers to be guided by law enforcement practices. This alert does not presume to analyze the entire scope of legal requirements and constraints that cover advertising, but it is intended to provide a brief practical overview of the main legal restrictions for advertising.
7
November
2017

VEGAS Academy: regulatory updates for the Russian pharmaceutical sector, October 2017

Within the framework of VEGAS Academy platform, we continue our monthly series of video updates on the key regulatory developments in the Russian pharmaceutical sector (in English language).
Сollective of authors, VEGAS LEX
15
September
2017

HANDBOOK: How to sign a concession agreement without going through the bidding process: practical recommendations on private concession initiatives

This review contains recommendations that allow a potential investor to independently gauge the necessity of becoming involved in a concession project, to pinpoint the level of competency needed to prepare the documentation that is needed, to draw up a blueprint for results oriented toward the relevant goals, as well as a roadmap, meaning a list of the actions that are necessary to start the project, and to conduct a preliminary express analysis of the risks involved with the future project.
31
August
2017

Disclosing beneficiaries: the subtleties of performing obligations

Executive authorities can now require that legal entities disclose their beneficiaries. Treating the new regulations in an attentive manner can help avoid any unjustified accusations. By February 13th next year, the relevant authorized government agencies need to ratify the form their requirements will take, after which the mechanism will enter into full force. It will also permit controlling whether companies are meeting their associated requirements to clarify, update, and store information about their beneficiaries. However, practice in applying this has not taken shape yet, and along with that the law’s wording could result in ambiguous interpretations. That is why it is advisable for companies to pay attention to several important points.
Ilya Shengeliya, Compliance Counsel
20
August
2017

Settlement payments between district network operators - choosing a rate option

Legislation governing the regulation of rates in the electric power industry proceeds from the presumption that settlement payments for electricity transmission services should be made under conditions that are commercially justified, and should not lead to market participants taking in insufficient gross revenues. Despite the fact that the behavior patterns of the parties involved is subject to excessive regulation, in practice controversial legal situations arise that can require interpretation by the higher courts. In case No. А73-947/2016, the Russian Federation Supreme Court gave explanations on certain rules that affect the ability of district network operators to choose the charges that determine the retail rates for the payment of services related to electricity transmission. Let's examine in more detail the circumstances surrounding the arbitration case, the positions taken by the parties involved, and the findings made by the Russian Federation Supreme Court during the cassation review procedure.
Evgeniy Rodin, Partner, Head of "Resources. Industry. Restructuring"
11
July
2017

VEGAS Academy: regulatory updates for the Russian pharmaceutical sector, June 2017

In terms of development of VEGAS Academy inner platform we introduce a new instrument created for supporting internal information space of our growing Life sciences practice. That is monthly series of video with comments on news and current legal framework of pharmaceutical industry in Russia (in English language).
Сollective of authors, VEGAS LEX
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