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10
July
2017

New developments in european legislation on personal data: risks and recommendations for russian businesses

In the spring of 2016, widescale work ended that was performed on reforming legislation that addressed personal data in the framework of the European Union. The result was the adoption of EU Regulation No. 2016/679 entitled “On the protection of natural persons with regard to the processing of personal data and on the free movement of such data”, which enters into force in May 2018. The key objective of this reform was the need to unify the regulations concerning personal data in the EU and allow for a single approach to be adopted by all EU countries, ensuring unhindered and efficient interaction between EU operators.
Alexandra Vasyukhnova, Partner, Head of Technology and Investment group
27
June
2017

"Departmental appeals" against the Russian Antimonopoly Serivce: describing the process, the procedures, and current outcomes

Starting January 5, 2016, the so-called “fourth antimonopoly package” of laws came into effect that substantially complemented existing legislation concerning the protection of competition. One of the more distinguished innovations is granting people the opportunity to contest rulings delivered by Russian Federation Federal Antimonopoly Service (hereinafter the FAS Russia) regional departments through extrajudicial proceedings. In this analytical review, a description is given of the mechanism that has been introduced and the appeal hearing procedure, and the current outcomes are reviewed for work performed on “departmental appeals” against the FAS Russia during the period they have existed.
Alexandra Vasyukhnova, Partner, Head of Technology and Investment group
30
May
2017

Executing government contracts for the supply of electric power – the Russian Federation Supreme Court explained what legal alternative to use for fines

Regular failure to pay for electric power that has been delivered is a truly critical issue for the development of the electric power market. Consumers that refuse fulfill their obligations to pay on time for this energy resource are purchasing it on credit at the expense of the energy provider.
Evgeniy Rodin, Partner, Head of "Resources. Industry. Restructuring"
24
April
2017

Differentiation of liability for anti-competitive agreements

Federal Law No. 135-FZ dated July 26th, 2006 and entitled “On protecting competition” established several types of anti-competitive agreements that are prohibited (cartels, vertical agreements, and other agreements). These varieties differ significantly from each other in terms of the degree of their negative impact on competition and the threat they present for the public. However, until just now the measures for administrative enforcement that could be taken with people who signed any one of these anti-competitive agreements did not differ from each other in any way.
Alexander Sitnikov, Managing partner
Alexandra Vasyukhnova, Partner, Head of Technology and Investment group
3
February
2017

The Russian Supreme Court affirmed the possibility of paying back a debt in installment payments

In accordance with article 37 of the Federal Law No. 299-FZ, dated October 2nd, 2007 and entitled “On enforcement proceedings”, an execution creditor, debtor, or bailiff/court officer is entitled to request that the court, other authority, or government official that issues a writ of execution grant a delay or rescheduling for the enforcement of the court order or for the ruling made by another authority or government official, and also to request changes in enforcement procedures and methods.
Evgeniy Rodin, Partner, Head of "Resources. Industry. Restructuring"
22
November
2016

LinkedIn is blocked in Russia for violation of the data protection requirements

Russian courts ruled to block access to LinkedIn in Russia due to non-compliance with the requirements for  personal data localization and data protection. The courts declined LinkedIn's arguments that it had no legal presence in Russia and was not properly informed about the claim. This is the first case when a foreign web-service was blocked for non-compliance with the personal data localization / data protection requirements.
Alexandra Vasyukhnova, Partner, Head of Technology and Investment group
Dmitriy Borodin, Project manager of corporate direction
17
November
2016

Eligibility Criteria: new rules for network organizations

On 14.10.2016, the Government Decree No. 989, dated 30.09.2016, “On amendments to some acts of the Russian Federation on the functioning of territorial grid companies” came into force, amending market regulation rules for the provision of electric power transmission services by territorial network organizations
Evgeniy Rodin, Partner, Head of "Resources. Industry. Restructuring"
Yuriy Tatarinov, Head of Energy practice
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
23
September
2016

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.
Alexandra Vasyukhnova, Partner, Head of Technology and Investment group
6
September
2016

Investment in the social catering: PPP and concession agreements

Advantages for investors and the state, new features, the latest trends, the ways to structure the project, the key parameters of the project, the project preparation stages
5
July
2017

Personal data: to what extent have fines increased in 2017?

Starting July 1st, 2017 amendments introduced into Article 13.11 in the Russian Federation Code of Administrative Offenses entered into force, introducing significant changes in the provisions that establish the scope of liability entailed for violating legislation in the area of personal data.
Alexandra Vasyukhnova, Partner, Head of Technology and Investment group
22
June
2017

Using municipal district heating networks to supply heat – is unjust enrichment occurring?

Currently, taking into account the normalization of the heat supply market, the relations governing the supply of heat to end users are, on the whole, fairly regulated and understandable for all participants in the market. One important feature of the market’s statutory regulation is the prevalence of peremptory legal norms, including during the process of defining parties’ financial obligations.
Evgeniy Rodin, Partner, Head of "Resources. Industry. Restructuring"
19
May
2017

Big Data: the goals of antimonopoly regulation, or what we want to protect versus what we can

Big Data is now an important economic asset that can be used by organizations to gain a competitive advantage. Because of this, antimonopoly authorities are increasingly interested in regulating the market for Big Data.
Alexandra Vasyukhnova, Partner, Head of Technology and Investment group
9
March
2017

The Russian Federation Supreme Court’s new stance on price controls and thin capitalization

On February 16th, 2017 the Russian Federation Supreme Court Presidium approved the review of practices when hearing cases involving the application of individual provisions in section V.1. and article 269 in the Russian Federation Tax Code (RF TC).
Yuriy Ivanov, Head of Tax practice
23
December
2016

What can be considered as the real time limit for an appeal of a court decision?

In practice, cases often arise where the arbitration court of the first instance indicates an incorrect term for appeal against a ruling, which leads to a refusal of an applicant’s appeal, due to missing of the deadline to appeal.
Evgeniy Rodin, Partner, Head of "Resources. Industry. Restructuring"
18
November
2016

The powers of the court of cassation: assessment of the law, lack of evidence

Can a court of cassation facilitate the implementation of procedural law (for example, the right to present evidence, objections to the opponent’s arguments, etc.) by means of sending a case for a new trial in the lower court? An answer to this question was obtained after reviewing the decision of the Supreme Court of the Russian Federation on case No. A76-2453/2015.
Evgeniy Rodin, Partner, Head of "Resources. Industry. Restructuring"
17
November
2016

IP Court interpreted IPR protection provisions stipulated in the Federal Law "On Circulation of Medicines"

Intellectual Property Rights Court in its judgment dated 20.09.2016 on case No. A40-158999/2015 ruled on the issue of what constitutes grounds for the cancellation of state registration of a drug, which was in violation of the rights of the patent holder.
Alexandra Vasyukhnova, Partner, Head of Technology and Investment group
Dmitriy Borodin, Project manager of corporate direction
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
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
8
August
2016

Long-term procurement arrangements in the pharmaceutical sector: new options or additional risks?

From 1 September 2016, investors under special investment contracts (SPICs), as well as regional investors, may benefit from additional preferences during the procurement of various types of product for state and municipal needs. Whether these preferences will create long-term procurement options in the pharmaceutical sector is one of the key questions for pharmaceutical companies planning to invest in localisation in Russia.
Alexander Sitnikov, Managing partner
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