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27
August
2013

LEGAL TWEET. Issue No. 7. New opportunities for financing infrastructure projects.

(This legal update is available only in Russian)
Irina Nikolaeva, Junior associate, Energy practice
16
August
2013

The clear wording of a claim – the key to success

Presidium of SAC RF considered the case involving the violation of trademark rights through the use of a trademark in a domain name. (This legal update is available only in Russian)
Alexandra Vasyukhnova, Partner, Head of Technology and Investment group
12
August
2013

A share in the future object as the subject of a contract on the establishment of property

Implementation of investment projects in the field of capital construction is often carried out by several participants (co-investors). Regulation of relations between project participants depending on the nature of the agreements reached, and the role of each participant in the project can be carried out using a variety of contractual structures. (This legal update is available only in Russian)
Igor Chumachenko, Partner, Head of Real Estate, Land & Construction practice
31
July
2013

The Presidium of SAC RF approved the “guaranteed retention”

Retention of a part of the payable price of work results, is a fairly common method used for the enforcement of warranty obligations of the contractor. In reviewing this kind of dispute, the courts, as a rule, did not see anything objectionable in the contractual terms, according to which part of the price of work would be paid by the customer to the contractor only after the warranty period expired. However, in cases where the obligation to pay for work are stipulated by the parties as dependant on the occurrence of an event, which does not meet the grounds of inevitability, the courts recognized this condition as contrary to Article 190 of the RF Civil Code. Analysis of this question was carried out by the example – dated 23 July 2013 – review by the Presidium of SAC RF of Case No. A40-131858/11 involving the dispute between Mobile Design and Construction Association Shakhtospetsstroy CJSC (Krasnodar Region, Sochi) and RAKSON LLC (Moscow Region, Odintsovo) on debt collection under the contract on subcontracting of construction – in our new review. (This legal update is available only in Russian)
Igor Chumachenko, Partner, Head of Real Estate, Land & Construction practice
27
May
2013

State fee is not refundable in the event of failure in the performance of a legally significant action

On 23 May 2013, the Constitutional Court of the Russian Federation announced its decision on a case involving the constitutionality of Art. 333.40 of the RF Tax Code, which establishes the grounds and procedures for the return of the state fee paid for the performance of legally significant action. (This legal update is available only in Russian)
Igor Chumachenko, Partner, Head of Real Estate, Land & Construction practice
21
May
2013

Consumers blackmaling the car dealers

Recently, in the sphere of retail purchase and sale of vehicles, gaining momentum is such a thing as “consumer greenmail” (in other words, consumer blackmail). The consumer imposes on the car dealer unfavourable conditions for the sale of the car, often blackmailing by claiming violation of his rights and of existing legislation and sometimes threatening litigation. Such consumer behaviour from a formal point of view is lawful, and at first glance, it may be recognized only as “unethical”. At the same time, it is fraught with serious financial and reputational losses for the auto dealers. In this connection, the problem of “consumer greenmail” requires thorough diagnostics and systemic solutions.
Maxim Grigoryev, Partner, Head of Southern directorate, Head of special projects
Ilya Shengeliya, Compliance Counsel
14
May
2013

Was the Presidium of SAC RF able to cope with the legal nature of investment contracts and “the city’s share”?

The new review is devoted to the decision of the Presidium of SAC RF No. 12444/12, published on 07.05.2013. In the reviewed decision, the Presidium confirmed the possibility of concluding a contract, containing elements of both civil and legal transactions, generating the emergence of civil liabilities, as well as elements of a public-law contract, such obligations are non-generating. Such an agreement is not contrary to existing legislation.
Igor Chumachenko, Partner, Head of Real Estate, Land & Construction practice
6
May
2013

Comprehensive insurance

Modern business is often faced with unusual tasks, which generate non-standard risks. Traditionally, the main risk management tool is insurance. Of huge importance for “comprehensive insurance” contracts is the Decree of the Presidium of SAC RF No. 7884/12 dated 20 November 2012.
Alexandra Vasyukhnova, Partner, Head of Technology and Investment group
12
April
2013

Changes in the tax laws of the Russian Federation

On 05 April 2013, signed was Federal Law No. 39-FZ “On Amendments to Part Two of the Tax Code of the Russian Federation and Article 4 of the Federal La – On Amendments to Certain Legislative Acts of the Russian Federation in connection with the improvement of pricing principles for tax purposes”. The review reflects the substantial changes in the Tax Code. (This legal update is available only in Russian)
Yuriy Ivanov, Head of Tax practice
1
April
2013

Pharma legislative developments review

Legislative initiatives. Regulatory changes. Public Discussions. Court practice.
20
August
2013

LEGAL TWEET. Issue No. 6. Recognition of a concession tender as invalid: bases and implications

(This legal update is available only in Russian)
Irina Nikolaeva, Junior associate, Energy practice
13
August
2013

Trends in judicial practice on disputes related to intellectual property, in the light of the new Decree of the Presidium of SAC RF No. 15187/12

On 27 July 2013, the website of the Supreme Arbitration Court of the Russian Federation published Resolution of the Presidium dated 2 April 2013 on Case No. A42-5522/2011 on the dispute between the Teleross Company and Murmansk Multiservice Networks OJSC involving the prohibition of the use of trademarks similar to “MORE TV” and “OКЕ@Н INTERNET” as designations on goods that in any way are introduced into circulation in the territory of the Russian Federation, the performance of work, provision of services, and the recovery of compensation for breach of exclusive rights. (This legal update is available only in Russian)
Alexandra Vasyukhnova, Partner, Head of Technology and Investment group
9
August
2013

LEGAL TWEET. Issue No. 5. The budget pays: purchase or PPP?

(This legal update is available only in Russian)
Irina Nikolaeva, Junior associate, Energy practice
19
June
2013

Tax “update”

On 13 June, Russian President Vladimir Putin announced the “Letter on budget policy for 2014-2016”. President urged to limit the possibility of optimizing tax payments by legal means, as well as to increase the fiscal burden on the owners of prestigious and expensive properties. The government is planning to create a tax environment in which investing in Russia will be more profitable than “hiding funds somewhere on the islands, or spending on luxury items.” (This legal update is available only in Russian)
Yuriy Ivanov, Head of Tax practice
24
May
2013

Dynamic pricing: is any price discrimination legal?

Dynamic pricing is a type of price discrimination which occurs when different prices are charged to consumers for the same product depending on the category of the consumer. The Dynamic Pricing method has been successfully employed in the Western countries for a long time.
Alexandra Vasyukhnova, Partner, Head of Technology and Investment group
15
May
2013

“Mayday Budget”

Between the May holidays, the State Duma adopted a substantial package of amendments to the RF Budget Code. The changes affected not only matters relating to the implementation of investments and PPP projects, but a number of other important aspects of budget management. As part of this alert, the authors analyse those proposed amendments that will affect the implementation of infrastructure projects. (This legal update is available only in Russian)
8
May
2013

Preliminary contract in structuring Real Estate Transactions

On April 24, 2013, two Rulings of the Presidium of the RF Supreme Arbitration Court were published, giving a legal qualification to the relations of the parties arising from a preliminary contract. It is not the first time the Presidium has addressed this issue (see, for example: Ruling No. 3056/07, dated July 17, 2007, No. 402/09, dated July 14, 2009, No. 13331/09 dated January 19, 2010), however, we would not say that the institution of preliminary agreements frequently becomes an object of attention of a supreme court jurisdiction.
Igor Chumachenko, Partner, Head of Real Estate, Land & Construction practice
25
April
2013

Government purchases: reloaded. Build 20.14

On April 8, 2013, Federal Law No. 44-FZ "On contractual system in the procurement of products, works and services to satisfy state and municipal needs" (Hereafter referred to as the Contractual System Law) was published; from January 1, 2014, it is to replace the current law on orders placement.
Maxim Grigoryev, Partner, Head of Southern directorate, Head of special projects
Ilya Shengeliya, Compliance Counsel
4
April
2013

Court for intellectual property rights: new format – new content?

By order of the Russian President dated 08 December 2011, in the arbitration courts system, a court for intellectual property rights was established. The work of the new tribunal will begin after the completion of all necessary formalities and passing by the Plenum of the RF Supreme Arbitration Court of the corresponding resolution. About the competence and composition of this Court, new entrants and alternative methods of dispute resolution, is written in the new analytical review. (This legal update is available only in Russian)
Alexandra Vasyukhnova, Partner, Head of Technology and Investment group
1
April
2013

Personal Data processing in Russia

The necessity to obtain consent for the personal data processing. The Operator’s obligations. Violation of the applicable law.
Alexandra Vasyukhnova, Partner, Head of Technology and Investment group
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