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27
October
2015

Bankruptcy or salvation: who will win the battle for Transaero?

News about Transaero appears almost every day. Sberbank filed a lawsuit seeking bankruptcy. S7 is buying the company. Transaero is prohibited from flying. Looking at this series of events, it is necessary to understand the main thing: around the sinking carrier, two groups have formed with diametrically opposed interests. Some want to save the company – not out of altruism, but hoping at least to partially recover their debts. Others would benefit from a bankruptcy. The first group is composed of the numerous creditors – from suppliers of on-board blankets to fuel companies, while the second group, in fact, is represented by two players, but these are “heavyweights” – Aeroflot and Sberbank.

Slon
13
October
2015

Meeting place cannot be changed

In early October, the public discussion on amendments to Administrative Offences Code ended. The draft bill provides for new types of offenses and penalties for medical and pharmaceutical workers. Finally this document has set penalties for doctors communicating with representatives of medical companies, although these fines amount to no more than 20,000 roubles. However, not all the penalties are so frivolous. For some other offences, Roszdravnadzor plans to levy fines of up to 5,000,000 roubles or suspend the activities of a company for three months.

Pharmaceutical Bulletin
13
October
2015

Natalia Sergunina: The capital city has the necessary reserves to increase industrial capacity two-fold

Moscow City Duma adopted a bill on investment policy and support of investment activity, which is aimed at attracting more investments into industrial production.

ZELAO.RU
8
October
2015

“Rostov port” clinging to the land

The Rostov waterfront development project is on hold because the owners of the land – the shareholders of the Rostov Port Group of Companies – do not wish to transfer, without compensation, to the city the plot of land located at 30 Beregovaya Street, on which the port is located, and where they want to create a public recreation area by 2018. The company’s representatives are asking to exchange the 11.6 hectares of land in the central district for 15 hectares in the Zarechnaya Industrial Zone. The municipality insists on the acquisition of the land via auction, while the Regional Ministry of Property claims that it is possible to either exchange sites or purchase the land without holding an auction.

Maxim Grigoryev, Partner, Head of Southern directorate, Head of special projects
Kommersant (Rostov)
7
October
2015

Airport will be checked for profitability

A former minority shareholder of the Volgograd International Airport OJSC is disputing, in Arbitration Court, the transfer into lease of land with an area of almost 11,000 sqm and two airport terminal buildings. The plaintiff believes this transaction is unprofitable for shareholders and has already carried out a judicial examination. However, observers note that here we are talking about the typical redistribution of assets within a group of companies, and the minority shareholder’s actions look like common blackmail.

Volgograd Pravda.Ru
30
September
2015

House without land: why in Russia they divided ownership rights to real estate

Current Russian legislation provides for a separate legal regime for land and objects located on it. In such case, the land and buildings on it are treated as separate items, not one. The web portal Pravo.Ru looks at the history of this “separation”, why it is unique to Russia, and whether it is necessary to move away from this model to one used in developed jurisdictions, where everything that is built on the land – is its integral part, and not an independent item.

Igor Chumachenko, Partner, Head of Real Estate, Land & Construction practice
Pravo.ru
28
September
2015

Real estate in new buildings: how not to transform one’s purchase into a game of “Russian Roulette”

The primary housing market in recent years has generally taken on a civilized appearance, and the process of buying an apartment in a new building, with every passing year, is becoming less and less a gamble. However, despite the fact that the regulatory authorities and the market have established fairly strict and transparent rules of the game, the ranks of defrauded investors continue being filled. Most of the dangers for buyers lie in the wording of contracts with developers.

Igor Chumachenko, Partner, Head of Real Estate, Land & Construction practice
GARANT.RU
22
September
2015

The difficulties of interpretation

In the order of the Ministry of Healthcare of Russia, which amends the procedure for the designation of drugs, experts have found an item that contradicts the INN norms for statement preparations. The ministry explained: the new position is correlated with the current system of statements and prescribing of drugs, and the updates apply only to the internal circulation of medicinal products in a hospital. FAS Russia intends to check the rate of dispensing of medicinal products in hospitals for the presence of anti-competitive provisions.

Pharmaceutical Bulletin
22
October
2015

“Greenhouse” conditions

In Ulyanovsk Region, before the end of the year, on the basis of three rather successful state agribusiness enterprises, they are planning to create a vertically integrated agricultural holding in order to increase efficiency, investment attractiveness and credit opportunities for the business. The parliamentary opposition intends to carefully examine this project, “so that it does not turn out to be a simplified version of privatization”. Experts doubt the possibility that privatization is on the way, but note that for this risky-for-agriculture zone, to which this region belongs, such a holding presents an optimal model of risk reduction.

Сollective of authors, VEGAS LEX
Kommersant (Samara)
13
October
2015

Interesting business

As a result of the consideration of court case No. A67-1548 / 2014, the Arbitration Court of Tomsk Region ordered that FOG LLC should pay Tomsk Energy Retail Company OJSC the sum of 1,369,646.31 roubles as outstanding debt for electricity, and dismissed the former company’s counter-claim for damages caused by the illegal introduction of a limited power mode. The Arbitration Court of the West Siberian District overturned the decisions of the lower courts, and sent the case back for review to the court of first instance.

Evgeniy Rodin, Partner, Head of "Resources. Industry. Restructuring"
Litigation in West Siberia
9
October
2015

Deputy defaulted

Former leader of the Bashkir Branch of the Liberal Democratic Party of Russia, Ivan Sukharev, is facing bankruptcy.

Kommersant (Ufa)
7
October
2015

Oleg Mikheev shown the way out of the credit slavery

Together, several creditors of a State Duma representative of A Fair Russia political party, Oleg Mikheev, submitted to the Arbitration Court of the Volgograd Region claims against him personally and against his wife. Seeking to have the representative declared bankrupt are Zarina LLC and a private individual, while the claim against Tatiana Mikheeva was launched by Promsvyazbank and MOLmant LLC. This is yet one more round of credit disputes and criminal cases, the first of which began in 2007.

Volgograd Pravda.Ru
5
October
2015

Should those on the Forbes List fear personal bankruptcy

The law on personal bankruptcy, which recently came into force, has already touched a number of very wealthy Russians on the Forbes List. Pravo.Ru has published a survey of lawyers about the prospects for this category of cases.

Pravo.ru
29
September
2015

Grooming and paralleling

Prime Minister Dmitry Medvedev suggested, as one anti-crisis measure, the introduction of parallel imports in April. Since then, the development of this initiative, well, rather discussions about it, have been moved to the Eurasian Economic Commission (EEC) platform. By mid-September, on the eve of the next meeting of the EEC, appeared criteria for selecting the industries in which it would be possible to return to parallel imports. Ideal for the role of the “first victim” is the pharmaceutical industry, according to lawyers.

Vademecum
22
September
2015

Administrative Procedure Code: what, how and why?

The Russian Administrative Procedures Code shall enter into force on September 15, 2015. It will regulate the procedures for consideration by the Supreme Court of Russia and the courts of general jurisdiction of administrative cases to protect the rights of citizens and organizations. On the eve of its coming into force, we asked legal practitioners to express their opinions about this new, already the twenty-first by count, Administrative Procedures Code. Special attention of the experts was drawn to the similarity of the Administrative Procedures Code with the Arbitration Procedure Code and the Civil Procedural Code of the Russian Federation and the unusual for modern Russian law, restrictions on legal representation.

Victor Petrov, Partner, Head of Litigation practice
Business and Life
27
July
2015

FAS asked to set maximum prices for economy class tickets

MP offers antimonopolschikov, received tariff authority to introduce state regulation of prices for air tickets

Alexander Sitnikov, Managing partner
Izvestia
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