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17
March
2015

“Anti-crisis” government regulations on state procurement

At the end of last year, the Federal Law dated 05.04.2013 No. 44-FZ “On the contract system in the procurement of goods, works, and services for state and municipal needs” a number of changes were introduced aimed at protecting the interests of suppliers in times of crisis. (This legal update is available only in Russian)
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
12
February
2015

Landmark events 2014 in the field of IT regulation in Russia

Landmark events 2014 in the field of IT regulation in Russia
Alexandra Vasyukhnova, Partner, Head of Technology and Investment group
3
February
2015

The Supreme Court allowed restrictions to be placed on electricity supply to the military

On the electric energy supply market, over a long period of time, the Ministry of Defence accumulated significant consumer indebtedness. At the same time, based on the fact that these customers were served by their “own” last resort supplier (LSR) – Oboronenergosbyt OJSC, the main LSR in the region had virtually no opportunity to influence the debtors. (This legal update is available only in Russian)
Alexander Sitnikov, Managing partner
Evgeniy Rodin, Partner, Head of "Resources. Industry. Restructuring"
26
January
2015

The Supreme Court specified the explanation provided by the presidium of the high arbitration court with respect to the payment for the works completed with no public contract

The amount of the disputes resolved in court and related to the scope, quality, cost and terms of contracting works is permanently large. Most of them arise out of the relations associated with the works performed for public or municipal needs. In the current economic context, the amount of such disputes will only be increasing. It is not uncommon that the mater in dispute is related to the payment for works performed by the contractor for public or municipal needs with no contract made in accordance with the established practice.
Igor Chumachenko, Partner, Head of Real Estate, Land & Construction practice
3
December
2014

The international exchange of tax information in 2014

International cooperation on the exchange of tax information is moving into an active phase of collection and transmission of information. It is not surprising that the prevention of tax evasion is a priority for OECD countries. (This legal update is available only in Russian)
Yuriy Ivanov, Head of Tax practice
5
November
2014

Making VAT deductions when purchasing by electricity grid companies to compensate for losses

On 31 October 2014, the official website of the Russian Federal Tax Service published a letter from the Ministry of Finance of Russia dated 29.09.2014 No. 03-07-15/48602 on the legality of the application of deductions of value added tax in connection with the acquisition (compensation) by network organizations for electric energy losses occurring in grid facilities during transportation. (This legal update is available only in Russian)
Yuriy Ivanov, Head of Tax practice
20
October
2014

The practice of state procurement of drugs and medical devices. New rules of the game

Adoption of the Federal Law dated 05 April 2013 No. 44-FZ “On the contract system in the procurement of goods, works, and services for state and municipal needs” (hereinafter – the Law No. 44-FZ) substantially changed the procedure for holding public auctions. For more details, read this research report. (This legal update is available only in Russian)
3
October
2014

IP Immunities For Drug Manufacturers On The Russian Market

On 23 September 2014 the Court of Appeal ruled that IP immunities may not be regarded as a valid excuse for a patent holder/trademark holder in case of abuse of dominance on the drug circulation market, inter alia in those cases where a drug manufacturer refuses to enter into a supply agreement with its distributor.
Alexandra Vasyukhnova, Partner, Head of Technology and Investment group
1
October
2014

Introduction of the new market model of thermal energy

The accumulated problems in the heating supply, primarily due to the high wear and tear of fixed assets, now require major investments into equipment modernization. However, the industry has developed a system of relations that makes the heating sector unattractive to investors. This is not the first year that they have been discussing the need for the introduction of a new market model, which is discussed in more detail in an analytical review. (This legal update is available only in Russian)
Alexander Sitnikov, Managing partner
4
March
2015

Advertising of drugs: risk matrix

Advertising and promotion of pharmaceuticals is a delicate and difficult task, since in this sphere intersect the art of attracting attention to the product, ethical principles and mandatory rules contained in advertising legislation as well as legislation on the protection of competition. In this regard, in order to facilitate the work of advertising and creative departments of pharmaceutical companies, as well as to simplify the work of advertising agencies – the counterparties of such companies, we prepared a summary matrix of the main risks, based on the analysis of law enforcement practice in the field of advertising of medicinal products. (This legal update is available only in Russian)
Alexander Sitnikov, Managing partner
16
February
2015

The mere fact that the contractor has performed the work, does not lead to the emergence of a customer’s obligation to pay for their results (Supreme Court of RF reviewed the latest dispute involving a state contract)

In accordance with Paragraph 1 of Article 702 of the Civil Code of the Russian Federation (hereinafter – the Civil Code), under a contractor agreement, one party (the contractor) undertakes to perform, on the instructions of another party (the customer), some work and deliver the result to the customer, and the customer is obliged to accept the result of the work and pay for it. Similarly defined is the object of a building construction contract and the contract for the performance of contractual work for state or municipal needs. (This legal update is available only in Russian)
Igor Chumachenko, Partner, Head of Real Estate, Land & Construction practice
6
February
2015

The loss of privileges by Oboronenergosbyt OJSC

Draft Resolution of the Government of the Russian Federation “On approval of the changes being made to certain acts of the Government of the Russian Federation on changing areas of activity of last resort suppliers” further regulates the procedure for replacing last resort suppliers (LRS) for consumers of the Defence Ministry of Russian Federation. To date, the Draft Resolution has passed the Regulatory Impact Assessment procedure, and is waiting to be signed by the Chairman of the Russian Government. (This legal update is available only in Russian)
Alexander Sitnikov, Managing partner
Evgeniy Rodin, Partner, Head of "Resources. Industry. Restructuring"
2
February
2015

Regulatory developments in pharmaceutical sector in Russia: February 2015

According to MoH, starting on 1 March 2015, it is prohibited to sell medicines included into the EDL for 2015, if the drug manufacturers fail to register the maximum sale prices for such medicines. Further to the Federal Law “On Drug Circulation”, this prohibition applies to drug manufacturers, wholesalers and pharmacies. It also means, that such essential drugs (with no price registered) will not be admitted to state tenders subject to the direct provisions of the Federal Law “On Contractual System for State Procurement”.
Alexander Sitnikov, Managing partner
20
January
2015

Bankruptcy under the new rules

Starting from 29 January 2015, the rules of the Federal Law “On insolvency (bankruptcy)” shall be applied to the bankruptcy procedures as amended by the Federal Law of 29 December 2014 No. 482-FZ.
10
November
2014

Tax monitoring will reduce tax risks

On 04 November 2014, signed was Federal Law No. 348-FZ “On Amendments to the Tax Code of the Russian Federation”. The law provides for the possibility of applying tax monitoring, which is carried out at the location of the tax authority, in relation to taxpayer organizations (payers of fees and tax agents). (This legal update is available only in Russian)
Yuriy Ivanov, Head of Tax practice
27
October
2014

The new procedure for launching criminal cases involving tax crimes. Comprehensive analysis

On 22 October 2014, Federal Law No. 308 “On Amendments to the Criminal Procedure Code of the Russian Federation” was signed and entered into force, which amended the procedure for launching criminal cases involving tax crimes under Articles 198-199.2 of the Criminal Code of the Russian Federation. (This legal update is available only in Russian)
Yuriy Ivanov, Head of Tax practice
9
October
2014

New in property taxes

On 04 October 2014, signed was the Federal Law No. 284-FZ “On Amendments to Articles 12 and 85 in the first part and the second part of the Tax Code of the Russian Federation and the annulment of the law of the Russian Federation “On taxes on the property of individuals” (hereinafter – the Law) which made a number of amendments to Russian tax legislation. (This legal update is available only in Russian)
Yuriy Ivanov, Head of Tax practice
1
October
2014

The new guidelines for pricing policies of monopolists

At the end of September 2014, the official website of FAS Russia published principles of economic analysis of pricing practices concerning their compliance with the Law on Protection of Competition. (This legal update is available only in Russian)
Alexander Sitnikov, Managing partner
16
September
2014

Topical issues of corporate law

VEGAS LEX law firm issued a collection of publications from the year 2014, on current issues of corporate law. (This legal update is available only in Russian)
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