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16
March
2017

Acceptable reasons for missing a procedural deadline

One of the aspects assessed by Russia's Supreme Court in its Review is compliance with procedural deadlines and extending such deadlines where they have been missed. The Supreme Court has found that an applicant's request for a missed procedural deadline for filing a complaint to be extended may not be refused if the deadline was missed because of a failure by the courts to meet procedural deadlines.

Victor Petrov, Partner, Head of Litigation practice
EZH-Yurist
3
March
2017

ICAC’s new “kompetenz-kompetenz” dilemma in domestic arbitration

Since 27 January 2017, due to the profound Russian arbitration law reform effective from 1 September 2016, the ICAC at the Russian CCI (the “ICAC”) may also deal with domestic (non-international) arbitration. The question arises whether the ICAC may now resolve internal disputes under pre-reform arbitration clauses: at the time of their conclusion it had no jurisdiction in domestic arbitration under the law, and the parties involved, therefore, did not enjoy the opportunity to express their intent to submit internal disputes between them to the ICAC.

CIS Arbitration Forum
20
February
2017

Contesting debtors’ transactions

The Russian Federation Supreme Court summarized judicial practice on issues related to the participation of authorized government agencies in bankruptcy cases, and the bankruptcy procedures applicable in these cases. As part of this case law analysis, the Supreme Court paid attention to those particular disputes during insolvency proceedings that contested debtors’ transactions involving paying mandatory payments, specifying, inter alia, the application of provisions under federal law 127-FZ, dated October 26th, 2002 entitled “On insolvency (bankruptcy)”, that came into force on September 1st, 2016.

EZH-Yurist
23
January
2017

The court adopted the judicial act not in favor of the company. How to achieve the suspension of its execution

When the court considers the judicial act reversal of execution difficult. Which documents will confirm the poor financial status of society. In which cases it will be possible to appeal against the order on the judicial act execution suspension

Victor Petrov, Partner, Head of Litigation practice
Arbitration practice
14
December
2016

Recovery of damages from the issuer and registrar for improper cancellation of shares

The “heyday” of corporate conflicts, related to theft and other cases of improper cancellation of shares, took place in the 2000s. Back then was formed the main layer of legal approaches of the courts to such disputes, and the nuances of protecting the victim shareholders. If unable to get back their shares from the issuer, the affected shareholders, in general, resorted to the universal path of defending their legitimate interests – seeking damages to be reimbursed by the company and/or the registrar. Today, cases involving the recovery of such losses have become much fewer. However, in practice, during consideration of similar disputes arising today, the courts still can view such issues differently. Always remain relevant the questions of correctly determining the amount of compensation that should or may be recovered through the court for unreasonable transactions with shares in the shareholders register.

Maxim Grigoryev, Partner, Head of Southern directorate, Head of special projects
Joint Stock Company
17
November
2016

Creditor-debtor relations

The RF Supreme Court continues its work on analysing judicial practice. In October, it released Review No. 3 for 2016. Among other things, much attention in the Review is devoted to legal disputes involving creditor-debtor relations under the jurisdiction of the Judicial Collegium of Economic Disputes of the RF Supreme Court.

EZH-Yurist
11
November
2016

Review of legislative changes in June-August 2016

In the new review, we present some of the most important changes that have taken place, mainly in the field of procurement and trade, as well as those aimed at the establishment of additional measures to counter terrorism and ensure public safety.

Alexander Sitnikov, Managing partner
Business of Russia
10
November
2016

RF Supreme Court: continuity slows down the process

On 25 July 2016, the Supreme Court of the Russian Federation introduced a bill in the State Duma calling for a number of significant amendments to the Civil Procedural Code of the Russian Federation (CPC RF). As it was stated in the explanatory memorandum, the amendments are aimed at improving procedures when considering civil cases. One of the main changes is the removal of the principle of continuity of the trial from the CPC RF.

EZH-Yurist
2
November
2016

What tax dangers are hidden in disqualification

As of April of this year, a new kind of responsibility for repeated flagrant violation of the requirements for accounting was established by the Administrative Offences Code of the Russian Federation, it’s disqualification. Earlier, this measure was used, for example, if a person interfered in the legal activities of inspection staff, committed violations during bankruptcy proceedings, etc. Today, it is much easier to fall afoul of the authorities – just make a mistake in the accounting records, or fail to provide all required documents. Moreover, the danger does not lie so much in the disqualification, as with transactions with entities, who find themselves on the side-lines.

Tax disputes
17
October
2016

Supreme Court of the Russian Federation explains how to sue under the new Code

In September of 2015, the Administrative Court Procedure Code of the Russian Federation was enacted, which raised many questions from the side of lawyers, and servants of Themis. The Supreme Court has decided that one year is enough time to sum up the preliminary results of the implementation of this significant new legislation – as separate administrative proceedings. The result of this analysis was the adoption of the Resolution of the Plenum of the RF Supreme Court dated 27.09.2016 No.36. The journal’s experts comment on its main provisions.

EZH-Yurist
9
March
2017

Creditors' agreements vs Article 309.1 in the Russian Federation Civil Code

In 2015, amendments to the Russian Federation Civil Code came into effect that included, inter alia, the introduction of article 309.1. According to this article, creditors with a single debtor with homogeneous debt have the right to sign an agreement outlining the procedure for satisfying their claims against the debtor, including the order of precedence for repayment and the incommensurability of performance allocation. How do the provisions of the Russian Federation Civil Code and bankruptcy legislation match, and what are the explanations that the Russian Federation Supreme Court gives about this?

EZH-Yurist
22
February
2017

The third exception

As is well-known, as per the provisions in federal law №44-FZ, a customer is obligated to procure pharmaceutical drugs in accordance with their international nonproprietary names. There are only two exceptions - medications from a list, which has not yet been approved, of pharmaceutical drugs whose purchase is to be made in accordance with their tradenames, and medications for the treatment of life-threatening situations. However, even in 2007 there was an approach that formed in judicial practice that allows the purchase of the tradenames insulin and cyclosporine.

Medicinskiy vestnik (Medical bulletin)
27
January
2017

Present-day issues concerning dual job holding by a manager: what an employer should remember

Current employment legislation provides for the possibility of holding more than one job, meaning performing another job for compensation under conditions outlined in an employment contract during time off from a main job. Along with this, as per article 284 in the Labor Code (hereinafter the “RF LC”), the work hours for a dual jobholder must not exceed 4 hours per day. For most employees, no other restrictions are stipulated when being hired for a second job. However, the performance of work at a second job by someone who is the sole member of an executive board is regulated in its own particular fashion.

Financial Director
14
December
2016

Changes in legislation on procurement: new regulations for unitary enterprises

This summer, they enacted Federal Law dated 03 July 2016 No. 321-FZ "On Amendments to Certain Legislative Acts of the Russian Federation on the procurement of goods, works and services for state and municipal needs and the needs of specific types of legal entities", which provides for the transition of state and municipal unitary enterprises to the contract system of procurement.

Heat supply news
21
November
2016

Plenum of the RF Supreme Court clarifies provisions of the Administrative Procedure Code. What has emerged in this new regulation

When is it possible to notify persons, involved in a case, through SMS messages and e-mail? What provisional protection measures can be used in court? What means can the court use to limit a participant’s presentation?

Evgeniy Rodin, Partner, Head of "Resources. Industry. Restructuring"
Arbitration practice
16
November
2016

Changes to Tax Code in 2015-2016

The years 2015 and 2016 saw many changes in tax legislation, about which numerous articles have already been written and lots of commentary generated. Therefore, we will focus on the major innovations of income tax legislation for 2016, which had the greatest impact on the majority of credit institutions, and turn our attention to the court practice, which only began to form after changes were made to the Tax Code of 2015.

Bank Review
11
November
2016

Prospects for SPIC in the pharmaceutical sector

One of the instruments to promote localization, in accordance with the Federal Law dated 31.12.2014 No. 488-FZ "On Industrial Policy in the Russian Federation", is the special investment contract (hereinafter the “SPIC”). The SPIC mechanism can be implemented in a variety of industries, including the pharmaceutical sector and the medical devices manufacturing sphere.

EZH-Yurist
9
November
2016

Employment of foreign nationals in 2017: A reminder for companies

The norms of Russian legislation also apply to employment relationships involving foreign citizens. However, the employment of foreign citizens in 2017 has some unique features, the most important of which we consider in this article.

Financial Director
17
October
2016

Alcoholic beverages: production, circulation and advertising

Representatives of the alcohol business sector regularly face a number of legal restrictions and new rules and regulations, which they need to adapt to. It is obvious that the requirements for companies working in the alcohol market will only get tougher, given that the trend to reduce alcohol consumption in the country continues. In this regard, in this article, we will discuss questions in the sphere of production and turnover of alcohol products, such as the regulatory framework for these activities, urgent problems faced by this business sector, especially the advertising of such products, new developments in the field of legal regulation, structural measures undertaken to reform Russian legislation, in order to reduce alcohol consumption.

EZH-Yurist
7
October
2016

Prudence and reasonableness in concluding a contract: how to verify the reliability of a company?

In the current judicial practice, we are discovering more and more arguments about the need to establish reasonableness and good faith when concluding deals with entities engaged in entrepreneurial activities. In starting cooperation with a new organization, the company is faced with the need to verify the potential of its counterparty. Verification is required for a decision to be made on the possible terms and conditions to be stipulated in future contracts, and in order to display the required due diligence. About where and what information on a company can be obtained, without having personal experience of cooperation with it, we tell you in this article.

Business and Life
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