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9
March
2017

A practical commentary on the Russian Federation Supreme Court Resolution №63, dated December 27th, 2016, in the context of legal relations in the field of heat supply

The social significance of heat supply across all consumer categories, taking into account Russia’s climatic particularities, cannot be overestimated. In this context, the issue of reliability is of particular importance, which is tightly interwoven with ensuring supportive (long-term) conditions for the regulation of tariffs for those that participate in the heat supply market.
Yuriy Tatarinov, Head of Energy practice
Heat supply news
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
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)
8
February
2017

Aleksandr Sitnikov: "The demand for high-quality services during a crisis only increases”

Aleksandr Sitnikov appreciates reliable partners, and measures the strength of his team by the way it reacts to professional challenges. VEGAS LEX is not afraid of taking on projects that are unusually complicated, whether it be the case involving British Airways or supporting the most significant infrastructure projects.
Alexander Sitnikov, Managing partner
Сorporate lawyer
3
February
2017

Payment for losses from heat distribution systems that lie outside residential buildings. Legal precedents.

In practice, situations often arise during interaction between energy resource providers and management companies where the issue comes up of imposing the burden of paying the cost of heat losses on those sections of heat supply networks which, as defined by the Rules governing the maintenance of common property in apartment buildings, do not belong to the apartment building’s common property.
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
19
January
2017

The Russian Federation Supreme Court summed up practices for cadastral cases

On November 30th, 2016, the Presidium of the Russian Federation Supreme Court approved of a review for those cases that involve disputing the refusal to perform cadastral registration. The Presidium summed those points of dispute that arise during cadastral registration proceedings for real estate assets. The review takes into account recent changes in legislation in the area of government cadastral registration – in particular the provisions that entered into force starting January 2017 (with the exception of certain individual provisions) under Federal Law No. 218-FZ, dated July 13th, 2015, entitled “On state registration of real estate”, which provides for, among other things, uniting government real estate cadastral information and the United State Register of Rights to Real Estate Property and Real Estate Transactions into a Single State Real Estate Register – as well as other recent changes in relevant statutory regulations. We will consider the key explanations related to the particularities of performing cadastral registration.
EZH-Yurist
12
January
2017

Eliminated responsibility. What to do with fines?

Currently, there has appeared a trend to remove unnecessary administrative constraints for business. This is reflected, inter alia, in the abolition of the administrative responsibility for acts that previously had been regarded as legal infractions. In this connection, many issues have arisen related to the refunding of previously levied fines. The problem lies in the absence of established legislation on the procedures for refunding of fines, and in the absence of developed judicial practice in this area. The Supreme Court of the Russian Federation, within the framework of making a decision on case No. A40-73764 /2015, pointed to a possible solution of contentious procedural issues.
EZH-Yurist
22
December
2016

Review of legislation key amendments in the electric power industry sector in 2016

The main legislation amendments in the electric power industry sector in 2016 to a greater degree raised legal issues of grid organizations functioning. In particular, the legislator has specified features of calculation and rates application for services on electrical energy transfer and issues of the specified organizations cooperation with the applicants within the technological connection procedures.
Yuriy Tatarinov, Head of Energy practice
Energy Market
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
6
March
2017

Risky rentals. What should be confirmed before an agreement is signed in order to avoid losses.

The commercial real estate market is now oversaturated with offers, so concluding transactions using rental agreements that are developed exclusively for the benefit of real estate developers and owners is no longer such a priority. This means that contractual conditions depend solely on what the sides negotiate. Let us take a look at the conditions that the sides need to pay attention to before an agreement is signed in order to minimize potential risks in the future.
Company's lawyer
3
March
2017

Overview of changes in the energy legislation sphere in Febuary 2017

In Febuary the Russian government adopted a number of important regulations affecting the energy industry. Our latest update looks at these changes
Yuriy Tatarinov, Head of Energy practice
BigpowerNews
17
February
2017

Eliminating accumulated environmental damage: novel environmental legislation innovations

Discussions on introducing into Russian legislation the concepts and procedures for eliminating (compensating for) accumulated environmental damage have been going on in our country from the time it signed the Kyoto Protocol.
Industrial and environmental safety, labor protection
8
February
2017

The limits of what is permissible. What to do if the bank wants its loan back

The worse the borrower’s financial performance is, the higher the risk of loan defaults.  Banks are forced to impose tougher requirements for borrowers, and offer more ‘stringent’ conditions for loan agreements. However, banks do not always tighten their requirements on the basis of what is economically advisable. Situations have become known where the loan agreements include provisions that – although they are not at odds with the rules of Russian civil law – in practice put the lenders (in this case the banks) in a more advantageous situation, and give them the opportunity to abuse their rights. Companies should remember that a bank that asks for a loan back must have weighty reasons for doing so. Those will be discussed.
Сorporate lawyer
2
February
2017

Overview of changes in the energy legislation sphere in January 2017

In January the Russian government adopted a number of important regulations affecting the energy industry. Our latest update looks at these changes
Yuriy Tatarinov, Head of Energy practice
BigpowerNews
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
18
January
2017

The problems with protecting pharmaceutical companies’ patent rights during the public procurement of medicinal products

This article analyzes the problems involved with protecting pharmaceutical companies’ patent rights during the public procurement process for medicinal products, with an aim to developing possible ways to resolve them. In the author’s opinion, established existing legislative mechanisms possess sufficient potential to protect pharmaceutical companies’ interests effectively. However, to unlock that it is essential to reconsider some of the approaches that have taken shape in judicial practice. 
Dmitriy Borodin, Project manager of corporate direction
Magazine of Court for intellectual property rights
28
December
2016

Overview of changes in the energy legislation sphere in December 2016

In December the Russian government adopted a number of important regulations affecting the energy industry. Our latest update looks at these changes.
Yuriy Tatarinov, Head of Energy practice
BigpowerNews
21
December
2016

To sum up

What events in 2016 had the greatest impact on the industry development, and how it affected the work of energy providers?
Yuriy Tatarinov, Head of Energy practice
Energy Market
14
December
2016

Clarification of the law distorts its meaning and threatens fines. Five reasons to challenge it

The main question is – what circumstances will help challenge an act containing regulatory measures? What to do if the law is contrary to certain provisions of the disputed document? Should it be appealed in its entirety or in part? Solution: seeking to have an act containing regulatory measures recognized as invalid, can be based on procedural and substantive grounds. If the government agency has violated the procedures to issue the act, the court will satisfy the claim. However, to win the argument, it is better to put forth the maximum number of arguments. For example, to reveal contradictions in the contested act, to involve a third party in the case, which will provide an explanation as to the non-compliance of the act to the law.
Company's lawyer
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