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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
2
September
2016

Application of the law on payment discipline

Federal Law dated 03.11.2015 No. 307-FZ “On Amendments to Certain Legislative Acts of the Russian Federation in Connection with the Strengthening of the Payment Discipline of Energy Consumers” came fully into force as of 1 January 2016. In general, after six months of its operation, we can note a positive perception of these changes both by market participants and the judicial system.
EZH-Yurist
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
25
July
2016

Disparate & interchangeable

The Russian Federal Antimonopoly Service in its clarifications repeatedly reported the position of the service on the interchangeability of certain drugs. In particular, a letter dated 9 April 2014 No. AK/13610/14 stated that the different dosages of drugs should be considered as interchangeable, if there is the possibility of multiple comparisons. At the same time, the practical application of this principle is not universal.
Medicinskiy vestnik (Medical bulletin)
14
July
2016

Get out of the drawbar

The Law on “Circulation of Medicines” is in a state of transformation
Pharmaceutical Bulletin
4
July
2016

Review of legislative changes in the energy sphere in May 2016

Legislation in the energy sector underwent some minor changes in May – issued have been several regulations and one order from the Government of Russian Federation, a decree from the Ministry of Construction of Russia, and adopted was Federal Law dated 01.05.2016 No. 132-FZ, aimed at improving the legislation that ensures safety in the heating sector. We look at these acts in detail
Evgeniy Rodin, Partner, Head of "Resources. Industry. Restructuring"
Energy Market
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
16
September
2016

Energy legislation update for August 2016

In August, 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
2
September
2016

Increased payment discipline: objectives and results

The National Collections Service in May 2015 stated that debts for utility services had exceeded 1 trillion roubles. These included consumer debts to resource supplying and management organizations and non-payments by municipal utilities to suppliers of energy resources. The problem of excessive loyalty to the defaulters, to the detriment of the financial stability of suppliers, required a resolution. It was necessary to increase the responsibility for the entire chain – from consumers to the power generation companies, so that they could not evade their obligations. The Law “On increasing payment discipline in the housing and communal services sphere” was adopted in late 2015.
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
3
August
2016

Energy legislation update for July 2016

In July, 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
July
2016

Compensation for damages by way of recourse – selection of the right defendant

According to Part 1 Article 1081 of the Russian Civil Code, the entity compensating for the harm caused by another entity, has a right of demand (recourse) towards this latter entity for the full amount paid, unless another amount is set by law. As a general rule, the debtor of recourse is obliged to compensate the creditor, who has made a payment in full to a third party.

Energy Market
8
July
2016

Review of legislative changes in the energy sphere in June 2016

In June, the RF Government adopted a number of important decisions, some of which we will discuss in the new review.
Evgeniy Rodin, Partner, Head of "Resources. Industry. Restructuring"
BigpowerNews
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
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