Analytics Publications Services to business owners

7
July
2017

On the tax-related problems faced by companies with foreign participation

The government’s strategy to "impose order" in the field of international tax planning occupies an increasingly important place, both in the field of rulemaking and in the field of law enforcement. If tax policy has been fundamentally focused on restricting the use of foreign tax benefit schemes, at least on paper, since 2010 – and a slew of targeted regulations, in particular on thin capitalization, has existed since 2002 – then real progress in this direction has started to become apparent only in the last few years. This, however, is in complete accordance with world practice and with the stages entailed in developing and applying a BEPS plan.
Yuriy Ivanov, Head of Tax practice
Joint Stock Company
8
June
2017

Taxes and customs

We will comment on the position taken by the Russian Federation Supreme Court regarding the practice of applying tax and customs legislation. What is the significance of the decisions included in the Judicial Review of Russian Federation Supreme Court Legal Practice No. 2 (2017), approved by the Russian Federation Supreme Court on April 26th, 2017?
EZH-Yurist
30
May
2017

Overview of legislative changes from March – May 2017

In the new review, we would like to draw your attention to some important legislative changes that occurred in the spring of this year in the field of construction, antimonopoly regulation, labor law, and tax law. The Russian Ministry of Construction issued decrees that ratified the methods to be used to determine cost estimates for construction materials. Substantial changes have been introduced into Article 14.32 in the Russian Federation Administrative Offenses Code that establish the liability for signing anti-competitive agreements and implementing impermissible concerted actions. On March 28th, 2017 the Russian Federation State Duma introduced a bill for a federal law that would significantly restrict employers from demanding work days with irregular work hours. Another bill is going through public debate that obliges legal entities to gain knowledge of any beneficial owners that might exist, to take steps to identify them, and also to present information about them to the Russian Federal Service for Financial Monitoring and the Federal Tax Service upon request. to help combat both the legalization (laundering) of funds that have been acquired by illegal means and the financing of terrorism.
Alexander Sitnikov, Managing partner
Business of Russia
22
May
2017

Regulatory agencies issue warnings to businesses

Starting January 1st, 2017 changes came into effect concerning Federal Law No. 294-FZ dated December 26th, 2008 (version from February 22nd, 2017) "On protecting the rights of legal entities and individual entrepreneurs when the federal or municipal governments are exercising regulatory powers (oversight),” that provide for a new method for regulatory and oversight agencies to prevent organizations and business owners from violating mandatory legal requirements – specifically, by issuing warnings to entities that are under their jurisdiction.
Dmitriy Motorin, Senior Associate
EZH-Yurist
18
May
2017

Down a thorny path towards interchangeability

According to the consolidated approach that has formed during the process of supervising public procurement practices, interchangeable drugs are medicinal products with identical international non-proprietary names with interchangeable dosage forms and dosage amounts. However, the stance taken by regulatory enforcement practices is taking on a pattern that includes the possibility of recognizing medicinal products with different international non-proprietary names as interchangeable.
Medicinskiy vestnik (Medical bulletin)
4
May
2017

Disputes about pricing and terminating a contract: cases where it is worth suing a contractor

Disputes with contractors occupy an important place in the overall number of arbitration cases involving default. It is always about issues concerning price, quality, time frames, and expected results.
Igor Chumachenko, Partner, Head of Real Estate, Land & Construction practice
Forbes
27
April
2017

The rule of law: how does it affect economic relations?

The rule of law, which this article is devoted to, is an integrated concept that unites the most important values of a society bound by laws. Due to the accelerated development and increasing complexity of the stream of commerce, the rule of law is particularly relevant, since it is exactly what needs to be the starting point for building new legal institutions.
Victor Petrov, Partner, Head of Litigation practice
EZH-Yurist
12
April
2017

How to recover overdue debt with a public notary’s writ of execution

Thanks to changes in Russian Federation Framework Legislation governing public notaries, lending organizations can now immediately, without litigation, apply for bailiff services using a notarized writ of execution. What is it necessary to do in order to obtain the opportunity to use this instrument? Is it possible to use this notarized writ of execution to recover penalties? What is the procedure for presenting claims to one of the parties in a legal relationship involving lending if the writ of execution has already been served?
Bank lending
31
March
2017

Libel cases: what to prove, and how to prove it, concerning the amount of compensation

Channel One Russia, RBC, and bloggers: who can become defendants, and why they can, in claims to protect honor, dignity, and business reputation
Victor Petrov, Partner, Head of Litigation practice
Forbes
23
March
2017

The Russian Supreme Court rules on rights to real estate

On 16 February 2017, the Praesidium of Russia's Supreme Court published its first Case Law Review of 2017, which, in particular, sets out the court's position on certain matters relating to rights to real estate.
EZH-Yurist
19
June
2017

Who will answer for negligence by the tax inspectorate?

Tax inspectors confirmed the right to property allowances, and returned personal income tax to taxpayers. However, later on it turned out that people received the allowance unlawfully. This did not occur by any fault of theirs, but because of mistakes made by tax revenue officer. Officials demanded that the taxes be returned, so people appealed to the Supreme Court. The court declared the personal income tax, which taxpayers received due to negligence on the part of revenue officers, unjust enrichment. In this case, revenue officers have the right to demand that the personal income tax be returned to the budget. The deadline is three years from the time that the decision to grant an allowance was made. The Constitutional Court ruled that collecting taxes that were returned due to an allowance being mistakenly granted is permissible on the basis of provisions contained in the Russian Federation Civil Code concerning unjust enrichment (Supreme Court Resolution No. 9-P dated March 27, 2017).
Tax disputes
8
June
2017

Creditor-debtor relationships

Recently, legal practice concerning the enforcement of conditions that stipulate obtaining a guarantee has generally proceeded along the path of satisfying plaintiffs' claims to oblige the transfer of these guarantees, and of paying penalties in the event the contractual terms are not fulfilled. However, lately in the Moscow municipal district the opposite practice has been taking shape. The Russian Federation Supreme Court included one of these kinds of cases in its Review of legal practice (No. 2, 2017). We believe that the fact the uniformity of past legal precedent is being violated caused the Supreme Court to focus special attention on this issue.
EZH-Yurist
25
May
2017

Bankruptcy for individuals – down what road is practice leading?

On October 1st, 2015 changes in the Federal Law entitled “On insolvency (bankruptcy)” came into force, according to which in relation to people who do not have the status of a sole proprietor the bankruptcy procedure can be initiated. On October 13th, 2015 the Russian Federation Supreme Court Plenary Assembly, in its Resolution No. 45, gave explanations concerning the application of new bankruptcy law’s provisions. Over the one-and-a-half years since the law has been enacted, judicial practice in applying the bankruptcy law’s provisions for individuals has already taken shape, and continues to take shape.
EZH-Yurist
22
May
2017

The allocation of risks among guarantors

Extending credit to various organizations is often accompanied by signing secured transactions involving surety and collateral that are geared toward protecting the bank’s proprietary interests in case there is non-performance of obligations.
National Business
10
May
2017

Will a company’s general director pay its taxes?

On November 30th, 2013, certain amendments to the Tax Code came into effect that allow a company’s tax arrears to be recovered from individuals that have  a connection to it. Before, an unscrupulous taxpayer’s share of taxes could only be recovered from corporations that were dependent upon that taxpayer.  It is no secret that people doing business circumvented this rule of law by accumulating arrears and then transferring their business to an individual entrepreneur (sole proprietorship). Legislation has now plugged up this loophole, and now assets belonging not only to entrepreneurs, but also to founders and top managers themselves are at the center of attention.
National Business
3
May
2017

Implementing the Protocol for the compulsory licensing of pharmaceuticals for WTO members will require the introduction of a comprehensive set of amendments into Russian Federation legislation

On April 24th, 2017, the Russian Federation Government's Committee on legislative bills approved a bill to adopt a protocol to amend the WTO agreement that will, in the future, allow WTO members to issue compulsory licenses to produce pharmaceutical drugs for export and, if necessary, to invoke immunity when other WTO members challenge their actions. However, according to one expert, achieving the goals that have been declared is not an unambiguous process – especially because applying suitable mechanism will entail a comprehensive set of amendments to current Russian Federation legislation.
Remedium
21
April
2017

Information law for company participants – the search for a balance of interests

At the present time, in various legal relationships there exists the acute problem of observing a balance of interests concerning the parties involved in these legal relationships, their legal rights, and their mutual economic needs. Judicial practice, when considering disputes between these kinds of parties, takes into consideration not only the formal requirements of legislation, but also the real economic and legal goals and interests of the participants.Corporate relations are not an exception. One of the specific peculiarities of these legal relationships is the right of company participants to receive information on the company’s activities. In this article, we will examine the main trends in regulatory enforcement practices for reviewing disputes concerning complying with information law by company participants, and assess the possible future prospects for the development of these trends.
Victor Petrov, Partner, Head of Litigation practice
EZH-Yurist
3
April
2017

Activity by an annual general meeting for an LLC

The procedure for calling and holding an annual general meeting for an LLC is regulated by the federal law entitled “On limited liability companies”, by the company’s articles of incorporation, and its internal policy documents, and by the Russian Federation Civil Code. Failure to comply with these requirements may lead to the invalidity or nullification of decisions made at the LLC’s annual general meeting.
Business and Life
23
March
2017

Developments in the protection of business reputation

On 16 February 2017, the Praesidium of Russia's Supreme Court published its first Case Law Review for this year. The Review has certainly been received with great interest by both professionals and other interested parties. In it, the Court sets out some interesting comments and conclusions on the protection of non-material values and business reputation.
EZH-Yurist
16
March
2017

Taxes — what to expect in 2017

Spring is here, and, as always when spring comes, it is time to think about quarterly reporting on taxes, levies and contributions. In addition to the new procedure for calculating and paying pension, social and medical insurance contributions that has taken effect in 2017, about which National Business has already written in detail, this year sees a number of other changes, and we aim to shed light on the most interesting of them in this article.
National Business
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