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6
October
2015

Long-awaited novel amendments of the fourth antimonopoly package

On 05 October 2015, the Russian President signed Federal Law No. 275-FZ “On Amendments to the Federal Law – On Protection of Competition and Certain Legislative Acts of the Russian Federation”, also known as the “fourth antimonopoly package”. For several years, the fourth antimonopoly package was the focus of lively debate and subjected to numerous changes and adjustments. Its final version was the result of a compromise reached between the Federal Antimonopoly Service of the Russian Federation and the business community. Such a compromise in the fourth antimonopoly package largely explains the fact that, in some aspects, the antimonopoly regulations have been liberalized, while in others, they have been toughened. In this review, we will briefly analyse the key changes that were made to these regulations.
Alexander Sitnikov, Managing partner
28
July
2015

Summer harvest of laws

In the final days of the spring session of & nbsp; the State Duma of the Russian Federation adopted a number of important laws,   issues relating to public   procurement and competition   regulation. This article provides an analysis of the key provisions of the said legislation. (This legal update is available only in Russian)
Alexander Sitnikov, Managing partner
9
July
2015

Special investment contract: novel amendment to Russian legislation

Federal Law dated 31 December 2014 No. 488-FZ “On industrial policy in the Russian Federation” provides for the establishment of a new institution to promote industrial activities in the Russian Federation – a special investment contract. (This legal update is available only in Russian)
Alexander Sitnikov, Managing partner
2
July
2015

“Broadcast” tariff options from the consumer to the network organization

Decision of the RF Supreme Court dated 19.06.2015 No. 305-ES15-2617 on Case No. A40-8648/2014, concerning the dispute between Network and Sales companies for the recovery of debts for services of electric power transmission and penalties for violation of terms of payment. (This legal update is available only in Russian)
Alexander Sitnikov, Managing partner
Evgeniy Rodin, Partner, Head of "Resources. Industry. Restructuring"
8
June
2015

Amendments to the Russian CFC rules and the capital amnesty

On 8 June 2015, President Vladimir Putin signed into law the Federal Law No.150-FZ "On amendments being made to Part One and Part Two of the Tax Code of the Russian Federation and article 3 of the Federal Law "On amendments being made to Part One and Part Two of the Tax Code of the Russian Federation". The Law has introduced modifications into the Tax Code of the Russian Federation relating to the rules of taxation of controlled foreign companies (CFC), tax residence, tax implications of voluntary declaration of property and accounts by individuals, symmetrical corrections for taxation of controlled transactions, as well as a threshold modification of the cost value of capital and depreciable assets.
Yuriy Ivanov, Head of Tax practice
13
May
2015

Abuse of rights in making calculations between the network organizations – innovation of the Supreme Court

Decision of the RF Supreme Court dated 08.04.2015 No. 307-ES14-4622 on Case No. A26-6783/2013, concerning a dispute between the Prionezhsky Grid Company OJSC and Petrozavodsk Utilities JSC. (This legal update is available only in Russian)
Alexander Sitnikov, Managing partner
Evgeniy Rodin, Partner, Head of "Resources. Industry. Restructuring"
20
April
2015

Provisions of the new Administrative Procedures Code of the Russian Federation

As part of judicial reform in the Russian Federation, on 08 March 2015, the Administrative Procedures Code was adopted. The provisions of the adopted Code will apply in the consideration of cases arising from administrative and other state relations, starting already on 15 September 2015. Moreover, the sphere regulated by this Code will include cases on which proceedings were commenced before the said date. (This legal update is available only in Russian)
Alexander Sitnikov, Managing partner
Victor Petrov, Partner, Head of Litigation practice
14
April
2015

A new step in the registration of a private initiative

In Decree No. 300, dated 31 March 2015, the Government of the Russian Federation approved the form of proposal for the conclusion of a concession agreement with a person taking the initiative to conclude a concession agreement. The mechanism of private initiative will start to operate as of May 2015. (This legal update is available only in Russian)
23
March
2015

New rules to analyse the state of competition: positive changes

On 15 March 2015, Order No. 33/15 of FAS Russia dated 30 January 2015 came into force, which introduced a number of changes to the order of analysing the state of competition in the commodity market, approved by Order No. 220 of FAS Russia dated 28 April 2010 (hereinafter – Order No. 220). Changes made to Order No. 220, on the whole, have a positive character for economic subjects and modify those provisions which earlier were subjected to justified criticism coming from market participants. (This legal update is available only in Russian)
Alexander Sitnikov, Managing partner
17
March
2015

Criminal liability for antitrust violations: positive developments

On 08 March 2015, the Russian President signed Federal Law No. 45-FZ “On Amendments to Article 178 of the Criminal Code of the Russian Federation”, significantly reducing the number of violations of antitrust laws, which can result in criminal prosecution. The law comes into force on 20 March 2015. (This legal update is available only in Russian)
Alexander Sitnikov, Managing partner
27
August
2015

The adoption of VAT deductions in respect of compensation for the loss of electricity. Decision of the Supreme Court dated 29.07.2015

On 29 July 2015, the Judicial Panel on Economic Disputes of the RF Supreme Court issued a ruling on Case No. A51-5267/2013 and supported the position of the taxpayer – Artemovskaya Power Grid LLC, in a dispute with the tax authority about the possibility of making VAT deductions from the electricity purchased to compensate for losses. (This legal update is available only in Russian)
Yuriy Ivanov, Head of Tax practice
16
July
2015

The tri-zone version of a tariff does not violate the rights of the population

Ensuring uniform electric energy consumption by the population, taking into account the peak loads on the power grid in the mornings and evenings, as well as its significant reduction at night-time is one of the tasks of the state policy in the field of energy efficiency. (This legal update is available only in Russian)
Alexander Sitnikov, Managing partner
Evgeniy Rodin, Partner, Head of "Resources. Industry. Restructuring"
3
July
2015

Russian software to receive priority in state tenders

On 30 June 2015, the government published Federal Law dated 29.06.2015 No. 188-FZ “On Amendments to the Federal Law – On Information, Information Technologies, and Protection of Information” and Article 14 of the Federal Law “On the Contract System in the Procurement of Goods, Works, Services for State and Municipal Needs”.
Alexandra Vasyukhnova, Partner, Head of Technology and Investment group
18
June
2015

Competition between airports in Europe

We present to your attention a translation of the study carried out by the European Association of Airports (ACI EUROPE) “Competition between airports in Europe”, made on the initiative and request of VEGAS LEX and InfraONE with support from the Federal Air Transport Agency.
Сollective of authors, VEGAS LEX
15
May
2015

Electronic format of the textbook: the legal regime

In accordance with Paragraph 2 of the Order of the Russian Ministry of Education and Science dated 08.12.2014 No. 1559 “On Amendments to the procedure for the formation of the federal list of textbooks recommended for use in the implementation of state-accredited educational programs of primary general, basic general, and secondary general education, approved by the Order of the Ministry of Education and Science of the Russian Federation dated 5 September 2013 No. 1047” starting in 2015, in the Ministry of Education and Science of Russia in the Scientific and Methodological Council for textbooks copyright terms, a person with rights to a textbook, is presented, among other things, with an electronic format of the textbook, included in the federal list of textbooks recommended for use in the implementation of state-accredited educational programs of primary general, basic general, and secondary general education. (This legal update is available only in Russian)
Alexandra Vasyukhnova, Partner, Head of Technology and Investment group
Dmitriy Borodin, Project manager of corporate direction
29
April
2015

Litigation involving the Internet 2014-2015: Trends

This review presents the latest current trends in litigation involving the Internet 2014-2015. (This legal update is available only in Russian)
Alexandra Vasyukhnova, Partner, Head of Technology and Investment group
20
April
2015

Challenging the recommendations of the Federal Antimonopoly Service of Russia – the novel amendments of the Constitutional Court

On 31 March 2015, the Constitutional Court of the Russian Federation proclaimed Decree No. 6-P “On the case reviewing the constitutionality of Paragraph 1 of Part 4 of Article 2 of the Federal Constitutional Law – On the RF Supreme Court, and paragraph of the third Subparagraph 1 of Paragraph 1 of Article 342 of the Tax Code of the Russian Federation concerning the complaint of the Gazprom Neft Open Joint Stock Company”.
Alexander Sitnikov, Managing partner
Evgeniy Rodin, Partner, Head of "Resources. Industry. Restructuring"
8
April
2015

Changes in the timelines and procedures for declaring foreign organizations and structures

On 6 April 2015, Russian President Vladimir Putin signed Federal Law No. 85-FZ (hereinafter the “Law”), which, in addition to changing provisions on social tax deductions on personal income tax, changes the procedure for notifying the tax authority on the presence of foreign organizations and structures.
Yuriy Ivanov, Head of Tax practice
19
March
2015

Network organizations: a new “eligibility criteria” for doing business

On 12 March 2015, Decree No. 184 of the Government of the RF entered into force, dated 28.02.2015 “On the allocation of owners of transmission facilities to the territorial network organizations”, adopted in the development of changes made to the Federal Law dated 29.12.2014, No. 466-FZ in Article 2 of the Federal Law dated 26.03.2003 No. 35-FZ “On the electric power industry” in the part of the concept of a “territorial network organization” (TNO). (This legal update is available only in Russian)
Alexander Sitnikov, Managing partner
Evgeniy Rodin, Partner, Head of "Resources. Industry. Restructuring"
Yuriy Tatarinov, Head of Energy practice
17
March
2015

Price changes involving technological connection contracts

The Supreme Court upheld the authority of local regulators to issue regulations on price changes involving technological connection agreements. (This legal update is available only in Russian)
Alexander Sitnikov, Managing partner
Evgeniy Rodin, Partner, Head of "Resources. Industry. Restructuring"
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