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28
April
2018

Amicable agreements: how to seek for their conclusion in the Russian courts

According to the statistics of the Judicial Department, in 2017, 8% of arbitration disputes (taking into account the appeal and cassation proceedings) and 2.6% of cases in the general jurisdiction courts only were settled by approval of amicable agreements. Why do the parties in judicial disputes solicit a truce so rare? In which cases and at what stage it is easier to reach a compromise? How should the institution of amicable agreements in Russia be reformed in order to make it more efficient? The lawyers, based on their work experience, told about it to Pravo.ru.
Pravo.ru
11
April
2018

Teleconferencing in courts: how it operates and what problems it involves

The use of teleconferencing ensures implementation of a principle of the direct and oral court proceedings. However, such system is not available everywhere, and judges might dismiss a petition for arranging teleconferencing. Another problem is the low video and audio quality wherefore it is sometimes necessary to interrupt broadcasting.
Stanislav Matushov, Head of Public Law Disputes & Corporate Defense group
Pravo.ru
29
March
2018

Qualify it: courts and errors in contract names

The Civil Code does not provide for such concepts as legal qualification or re-qualification of transaction. However, as a matter of practice, the courts have to deal with it frequently – for example, where the parties to a contract, either intentionally or mistakenly, named the contract incorrectly or failed to name it at all. What contracts do courts requalify the most frequently, and what is worth special attention in order to be right about the type of obligation.
Victor Petrov, Partner, Head of Litigation practice
Pravo.ru
14
March
2018

Supreme Court reminded of jurisdiction rules in corporate disputes

The choice of the court of arbitration or court of general jurisdiction depends on jurisdiction of dispute, which jurisdiction is sometimes difficult to determine. Wordings in the law may be vague, and judicial practice may be contradictory. In such situation, the Supreme Court comes to help.

Pravo.ru
12
March
2018

Expert: there are possibilities to cut a property tax

The statement that a property tax must be fair and feasible for citizens was made by Vladimir Putin in his message to the Federal Assembly. What are the possibilities to cut it today?
Igor Chumachenko, Partner, Head of Real Estate, Land & Construction practice
Business FM
22
February
2018

Is modernization at the start again?

Many people think that there is no need to invent something new and that it is worthwhile to further follow the streamlined path that appeared to be more or less successful. Is the question about CDA-2? What are the time limits for its implementation? These issues were discussed by the participants of the round-table meeting "Prospects for development of energy sector: long-term movements" organized by the Committee for Energy Policy and Energy Efficiency of the Russian Union of Industrialists and Entrepreneurs (RSPP) jointly with the association "Council of Power Producers" within the framework of the Russian Business Week.
Alexander Sitnikov, Managing partner
Power and Industry of Russia
12
February
2018

We shall live now in a new way?!

We always consider the New Year as a new life. We welcome it expecting that this year all things will actually go the right way. What is the right way? We decided to ask our experts this question meaning a building industry, indeed.
Legal adviser in construction
9
February
2018

"Serdyukov’s dacha" is still in civilian life

Arbitration Court will consider an appeal of the Military Prosecutor’s Office in relation to a dispute over the legality of privatization of the land plot located outside Anapa, on which the so-called "Serdyukov’s dacha" is situated. The decision to return the land plot to the state, which was rendered earlier, has been overridden by the Supreme Court; at the new hearings, the court took the side of the land plot buyer, i.e. CityEngineering LLC. The territory in dispute was transferred to the military department in 2010 at the request of Anatoly Serdyukov, Ministry of Defence of the Russian Federation; afterwards, the plot was sold as a non-core asset for 110 million roubles. According to lawyers, the state has legal opportunities to settle the dispute in its favor.
Igor Chumachenko, Partner, Head of Real Estate, Land & Construction practice
Kommersant
28
April
2018

The pattern of interaction between the public and the Federal Bailiff Service is intended to be improved

The draft law, which is focused on acceleration of the procedure for notification of the parties to enforcement proceedings, has been introduced into the State Duma
Stanislav Matushov, Head of Public Law Disputes & Corporate Defense group
Advocate newspaper
30
March
2018

Investors will be attracted by land areas

The draft law providing for favorable conditions of land lease for investors that are ready to fulfil obligations for “long-delayed construction projects” is being considered in the Krasnodar Region. The Administration ensures that the value of compensatory land plots will cover at least half of costs for commissioning the troubled buildings. The market participants treat the taken actions as urgent but lawyers see in the draft law a number of provisions that contradict the provisions of federal legislation.
Igor Chumachenko, Partner, Head of Real Estate, Land & Construction practice
Kommersant
19
March
2018

Tax planning from confectionary world No.1 – unfriendly or aggressive?

The term “aggressive tax planning” is taken in most cases in the context of conceptual off-flavor of its first component, which means “unfriendly”. “The tax planning being unfriendly towards budget replenishment and unfriendly towards common interests”, - that is what is heard here by most of us. However, the word “aggressive” is also used to mean “offensive” and, if this particular meaning is seen in the aggressive tax planning, then the negative sound of these words becomes softer. And, instead of a tax protester, an initiative expert in tax legislation appears, which expert knows how to structure, within legislation, complex transactions in order to make them more expensive.
Yuriy Ivanov, Head of Tax practice
Interfax
13
March
2018

Supreme Court explained the bringing of ultimate beneficiary to secondary liability

The Supreme Court noted that, as a general rule, beneficiary conceals its influence on debtor; therefore, indirect evidence may indicate the bringing to liability
Advocate newspaper
26
February
2018

Supreme Court explained the procedure for filing claims in electronic format

Why do the courts need the applicant’s date and place of birth and his or her TIN (Taxpayer Identification Number)? Any experienced lawyer is aware that, in order to file a statement of claim, it is not required to specify such information. However, if a claim is filed in electronic format, it must contain such information; otherwise, it will not be accepted. Is it lawful? Isn’t it in contradiction with procedural codes? Doesn’t it infringe the civil rights to free access to justice? Supreme Court dealt with these issues.
Victor Petrov, Partner, Head of Litigation practice
Pravo.ru
14
February
2018

Pirates will be removed from applications

The draft law proposing to facilitate the possibility of blocking the mobile applications, which distribute the so-called "pirated content", has been submitted to the State Duma. Experts believe that, in case of its adoption, the blocking of "application stores" may become pre-trial.
Dmitriy Borodin, Project manager of corporate direction
TelecomDaily
9
February
2018

Manufacturer of "Anaferon" stated about a probable claim against the Ministry of Education and Science

Materia Medica Holding announced a legal claim to be the most probable scenario after it has been given the “Negative Award” by the Ministry of Education and Science.
Victor Petrov, Partner, Head of Litigation practice
RBC
25
January
2018

How inspectors will be able to recover arrears from the chief accountant

Company officials will bear responsibility for tax debt owed to the budget. The Constitutional Court ruled that it is permissible to recover debt owed by a company from its top management as reimbursement for losses incurred by the treasury. We will get an understanding of the conditions under which the tax authorities will be able to adopt this kind of approach.
Tax disputes
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