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25
March
2014

Reducing mono-networks

On 13 March 2014, the official web portal of legal information published Government Decree No. 179 dated 07 March 2014 “On amendments to some acts of the Government of the Russian Federation on issues of electric power” (hereinafter – Decree No. 179).This Decree amended the rules for non-discriminatory access to electric power transmission and provision of these services and the Basis of pricing policy in regulated prices (tariffs) in the electric power industry. Innovations concerned the functioning of territorial network organizations serving mainly one customer (hereinafter – mono-networks). (This legal update is available only in Russian)
Alexander Sitnikov, Managing partner
Evgeniy Rodin, Partner, Head of "Resources. Industry. Restructuring"
18
March
2014

Protection of intellectual property rights on medicines. New practice

In December 2012, the auction commission of the Regional Ministry of Health rejected the application of a supplier of generic drugs, due to patent infringement of the manufacturer of the original drug. FAS Russia, the courts of first and appellate instances found the actions of the auction committee justified. However, on 17 February 2014, the Federal Arbitration Court of the Moscow District sent the case back for a new trial in the Court of First Instance, pointing out that the lower courts had not thoroughly examined the evidence in the case. (This legal update is available only in Russian)
Alexandra Vasyukhnova, Partner, Head of Technology and Investment group
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
3
March
2014

What is the future of IP protection during state procurement of drugs?

The issue on the balance of interests of the holders of rights and producers of generic drugs in the lack of legal clarity as to the limits of permitted use of the patented substances is again high on the agenda (after adoption of the Resolution of the Presidium of the Supreme Arbitrazh Court of the RF of 17 February 2014).
Alexandra Vasyukhnova, Partner, Head of Technology and Investment group
19
February
2014

Collection of inter-tariff differences

On 06.12.2013, in order to ensure the principle of uniformity of judicial practice in the arbitration courts, the RF Supreme Arbitration Court in Plenum Resolution No. 87 dated 06.12.2013 “On some issues of dispute resolution relating to recovery of losses of resource-supplying organizations caused by a difference in inter-tariffs” provided explanations regarding the consideration of disputes, between resource-supplying organizations, caused by the tariffs set by the regulator in the amount lower than is economically justified. (This legal update is available only in Russian)
Alexander Sitnikov, Managing partner
1
February
2014

Security of personal data when using the “cloud” services

The issue of protecting confidential information, in particular personal data, is one of the important factors when a business is looking at using “cloud” technologies. The importance of this question is dictated, on the one hand, by the crucial importance of this information for certain types of business, on the other hand – the increased attention of regulators to this sphere in recent years. The main question is – is not the use of “cloud” services for the processing of personal data a violation of Russian law? (This legal update is available only in Russian)
Alexandra Vasyukhnova, Partner, Head of Technology and Investment group
12
November
2013

Expanding the concept of the interested person, as a trend in judicial practice on disputes involving the early termination of a trademark

On 29 October 2013, the website of the Supreme Arbitration Court of the Russian Federation issued Presidium Decree No. 5793/13 dated 17 September 2013 on a dispute involving the early termination of legal protection of a trademark with the verbal designation “KAIT-SPORT” due to its non-use, by which the approach to determining the interested person was expanded. (This legal update is available only in Russian)
Alexandra Vasyukhnova, Partner, Head of Technology and Investment group
5
November
2013

Concession: DE JURE and DE FACTO

Review of legal practice involving concession agreements. (This legal update is available only in Russian)
25
September
2013

New explanations by the Plenum of SAC RF on the application of the first part of the Tax Code

On 27 August 2013, they published the long-awaited the Decision No. 57 by the Plenum of SAC RF dated 30.07.2013 “On some issues arising from the use by the arbitration courts of the first part of the Tax Code of the Russian Federation”, which can be called historic. This decision considers 82 of the most pressing issues related to the performance by the taxpayers and tax agents of their obligations to pay taxes, the holding of tax audits, appeals against their results, as well as other interactions of taxpayers and tax agents with the tax authorities. (This legal update is available only in Russian)
Yuriy Ivanov, Head of Tax practice
1
September
2013

Responsibility of managers. Resolution No. 62 of the Plenum of SAC RF dated 30.07.2013

On 30 July 2013, published was Resolution No. 62 of the Plenum of SAC RF on the questions of responsibility of the management bodies of a legal entity. For a long time, there was no common approach to the identification and assessment of such legal categories as integrity and reasonableness of the activities of the legal entity, and stablishing limits on business risks. (This legal update is available only in Russian)
Сollective of authors, VEGAS LEX
21
March
2014

SAC RF explained dispute settlement procedure involving the recognition of contracts as not concluded

Reference to the non-conclusion of a contract is often used by trade participants during the resolution of disputes relating to the non-fulfilment or improper fulfilment of obligations. Recognition of a contract as being non-concluded allows one to change the qualification to non-contractual obligations (as a rule, the obligation stemming from unjust enrichment), to escape from the liability provided by the contract, etc. The Presidium of SAC RF in the Information letter dated 25.02.2014 clarified some issues in the recognition of contracts as non-concluded. (This legal update is available only in Russian)
Igor Chumachenko, Partner, Head of Real Estate, Land & Construction practice
14
March
2014

Presidium of SAC RF on the recovery of damages from the directors

On 15 February 2014, published was Decree No. 1114/13 of the Presidium of SAC RF dated 22 October 2013, which is developing jurisprudence on the recovery of damages from the boards of directors of business entities. (This legal update is available only in Russian)
7
March
2014

The privatization of land allocated for construction, has been set back due to changes in the permitted use

The Presidium of SAC RF once again returned to the issues of establishing and changing the characteristics of a land plot, which determines its legal status, as the type of permitted use. This time the subject of the dispute was the question of the establishment of the permitted use of the land, given in the right of ownership to the owner of real estate objects located on the land plot, in a situation where previously this area was granted to him under a rental agreement for the new construction. (This legal update is available only in Russian)
Igor Chumachenko, Partner, Head of Real Estate, Land & Construction practice
28
February
2014

Securitization of project financing

On the eve of the new year, the President of the Russian Federation signed Federal Law No. 379-FZ dated 21.12.2013 “On Amendments to Certain Legislative Acts of the Russian Federation”. The signing of this law has led to changes in the law on notaries, the rules regulating the legal regime for secured bonds, as well as additions to the RF Civil Code of articles governing the legal regime of nominal and the escrow accounts and the legal status of specialized companies. We present to your attention the analytical review of “Securitization of project financing”, which analyses the changes in legislation, in the most important spheres of public-private partnerships. (This legal update is available only in Russian)
Irina Nikolaeva, Junior associate, Energy practice
13
February
2014

Antitrust regulation and supervision in the electric power industry

On 26 December 2013, rules of antimonopoly regulation and control in the electricity industry, approved by Government Decision No. 1164 dated 17.12.2013, came into force. (This legal update is available only in Russian)
Evgeniy Rodin, Partner, Head of "Resources. Industry. Restructuring"
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
11
November
2013

Property tax on organization. New rules.

On 06 November, they published Federal Law “On Amendments to Article 12 and the first part of chapter 30 of the Tax Code of the Russian Federation”, which provided substantial amendments to the definition of the tax base for property tax (No. 307-FZ dated 02.11.2013). (This legal update is available only in Russian)
Yuriy Ivanov, Head of Tax practice
15
October
2013

The judicial activity of enterprises of the electricity sector in the I and II quarter of 2013

(This legal update is available only in Russian)
Evgeniy Rodin, Partner, Head of "Resources. Industry. Restructuring"
18
September
2013

Antipiracy law: how to protect oneself?

On 01 August came into force the Federal Law “On Amendments to Certain Legislative Acts of the Russian Federation on the protection of intellectual property rights in the information and telecommunications networks” dated 02.07.2013 No. 187-FZ, better known as the anti-piracy law. (This legal update is available only in Russian)
Alexandra Vasyukhnova, Partner, Head of Technology and Investment group
30
August
2013

The dynamics of the development of the legislative framework in the field of heating in the Russian Federation

(This legal update is available only in Russian)
Yuriy Tatarinov, Head of Energy practice
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