Analytics Publications Services to business owners

3
October
2016

Enforcing a court’s judgment: whether is it possible to collect interest?

The duration of the procedure of judicial recovery of debt from counterparty often leads to enforcement proceedings immediately after the court decision enters into legal force. This algorithm speeds up the actual receipt of the funds, but at the same time, carries a certain risk associated with the possibility of actually enforcing the court order.
Bank Review
26
September
2016

Loan or lease?

The need to purchase hardware or specialized equipment often puts business before a choice – take out a loan or lease what is required.
National Business
26
August
2016

Interest rate on a loan – when does a bank have the right to raise it unilaterally

Due to the rapid development of the financial markets, the question of borrowed funds (in particular, loans from banks and non-bank organizations) and the legal regulation of such crediting is very acute for individuals and legal entities. The banks retain wide rights to enter into contracts and, on the contrary, the options of the borrower are limited. To learn when a bank is entitled to unilaterally increase the interest rate on a loan, please read this article.
Victor Petrov, Partner, Head of Litigation practice
Business and Life
19
August
2016

That which is not allowed, is forbidden

Questions of obtaining building permits and making changes to them, are most painful for developers. The need to adopt measures that will remove administrative barriers in the construction sector, in particular in the obtaining of permits, has been universally proclaimed by the authorities. And we must give credit where it is due – significant changes in the legal regulation of issuing building permits have already been made. However, controversial issues remain.
EZH-Yurist
11
August
2016

The arbitration process: reboot

On 1 July 2016, came into force amendments to the agrarian and industrial complex of the Russian Federation, made on the initiative of the Supreme Court of the Russian Federation. The arbitration procedure legislation obtained a new institution, and a wider list of disputes that require a pre-trial procedure, and new powers have been given to the courts.
Evgeniy Rodin, Partner, Head of "Resources. Industry. Restructuring"
EZH-Yurist
4
August
2016

Russian Supreme Court’s case-law on creditor-debtor disputes

The Supreme Court of the Russian Federation has issued another Review of Judicial Practice. One of the sections contains information about disputes arising out of creditor-debtor obligations, and another – a Review by the Judicial Collegium on Economic Disputes.
EZH-Yurist
30
June
2016

Starting the federal state system of construction pricing

Despite the scale of the work already carried out by the Ministry of Construction for the renovation and improvement of technical regulations system in the construction sphere, including the updating of building codes and the development of new sets of rules, the pricing sphere remains one of the most unregulated. Finally, its turn has come.
EZH-Yurist
27
June
2016

How to avoid bankruptcy at the initiative of the Federal Tax Service

If the company's tax debt exceeds 300,000 roubles, and is not repaid within three months after receiving the request from the inspection service, the Federal Tax Service of Russia is entitled to initiate a bankruptcy procedure. We will look at how you can avoid this altogether, or slow down the process.
Tax disputes
10
June
2016

New rules for the activities of foreign-controlled companies

The goal of de-offshorization is to limit the ability of aggressive tax planning using a foreign element, and for taxing the retained earnings of foreign companies controlled by Russian tax residents. These new changes have affected not only taxpayers using foreign companies for tax planning purposes, but also the work of foreign companies that receive income from Russia.
Сorporate lawyer
18
May
2016

Company losses sometimes can be so great, that an employee will not be able to recoup them with all his property

A major risk for any large company is corporate fraud. Ilia Shengelia, senior lawyer at the VEGAS LEX Law Firm, told how a company can protect itself from this risk, and what the prospects are for litigation with an employee.
Ilya Shengeliya, Compliance Counsel
Trudovye Spory (Labour disputes)
29
September
2016

Special investment contracts: requirements and preferences

Special Investment Contracts (SPICs), a relatively new form of incentive to invest in Russian industry, were introduced by amendments effective from 30 June 2015 to Federal Law No. 488-FZ of 31 December 2014, "On industrial policy".
EZH-Yurist
19
September
2016

Collegium of the Supreme Court will consider a claim involving parallel imports

In the Supreme Court of the Russian Federation, auto parts and beer distributors are trying to challenge the practice of considering cases of parallel imports. The companies believe that the "secret" recommendation of SIP, calling for the seizure and further destruction of goods, imported into Russia without the permission of copyright holders, is illegal.
Alexandra Vasyukhnova, Partner, Head of Technology and Investment group
Shopolog.ru
19
August
2016

The arbitration process: reboot (part 2)

On 1 July 2016, came into force amendments to the agrarian and industrial complex of the Russian Federation, made on the initiative of the Supreme Court of the Russian Federation. The arbitration procedure legislation obtained a new institution, and a wider list of disputes that require a pre-trial procedure, and new powers have been given to the courts.
Evgeniy Rodin, Partner, Head of "Resources. Industry. Restructuring"
EZH-Yurist
19
August
2016

Rights holders and public procurement

Today, for many private companies, participation in public procurement has become a commercially attractive direction of business development. It is not surprising then, that unscrupulous market participants, will seek to obtain public contracts by any means available, including at the cost of violating the rights of third parties. One problem in this regard, is the violation of the exclusive rights of copyright holders on the part of those entities participating in tenders, when the execution of the contract requires the supplier to have the respective rights. This issue is the most acute in the area of public procurement of medicines, where offenders win a tender for the supply of drugs protected by patents, and in the area of procurement of expensive equipment (including medical) – here the subject of violations are usually trademarks, while in the procurement of software, this involves primarily copyright objects.
Dmitriy Borodin, Project manager of corporate direction
EZH-Yurist
4
August
2016

Russian Supreme Court on unauthorized construction

Questions about the status of unauthorized constructions in the civil turnover, order and conditions of its legalization, as well as the grounds for court decisions to demolish such, has been repeatedly examined and explained by the higher court. And in the latest Review of Judicial Practice of the Supreme Court of the Russian Federation dated 06.07.2016 No. 2, these issues have not been ignored.

Ekaterina Ivanushkina, Senior associate of Real Estate. Land & Construction practice
EZH-Yurist
1
July
2016

How to protect a company’s business reputation through the courts?

The main questions are – Which court to file a claim with, when it comes to the protection of a company’s business reputation? Who will be the defendant, if the defamatory information was disseminated by the mass media? What must the plaintiff prove, and is it possible to apply for expert examination of materials, which contain the defamatory information? Solution: if the claim for protection of a company’s business reputation derives from business activities, then a claim needs to be submitted to an arbitration court. Defendants shall be recognized as those individuals who spread defamatory information or reports, and the court will require them to prove that the information corresponds to reality. An expert examination can be requested when there are no other ways to establish the defamatory character of the information.
Victor Petrov, Partner, Head of Litigation practice
Company's lawyer
29
June
2016

What you should know about the tax information exchange, so as not to lose sleep over it

There is just one day left to submit information on foreign bank accounts. Owners of such accounts, who fail to disclose them, risk stiff fines and penalties, should such information become available to the Federal Tax Service. What is known today, about which countries will provide such information?
RBC
23
June
2016

Gaps are being eliminated, but problems remain

The State Duma Committee voted to adopt, during first reading, the draft law clarifying the possibility of protection from prolonged default in kind. Changes proposed to the Federal Law dated 30.04.2010 No. 68-FZ “On compensation for violation of the right to trial within a reasonable time, or the right to have a judicial act performed within a reasonable time”. We examine the basic provisions of the draft law.
EZH-Yurist
27
May
2016

Restructuring should not be for sale

The main goal of citizens, who turn to the court to recognize them as bankrupt, is to be liberated from further performance of their obligations to creditors, and debt relief.
National Business
16
May
2016

Resolution of deadlocks in project companies

Recently, the topic of resolution of deadlocks has become increasingly important. This is not surprising, if we take into account certain new changes made to contract law, which have appeared in the course of the current reform of civil legislation, as well as a number of resonant judicial acts that form the basis for further development of legal practice on this subject.
Joint Stock Company
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