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7
September
2017

Fly-by-night companies: how can a dangerous counterparty be identified?

Virtually any company that is not too careful when selecting a counterparty risks running across a fly-by-night organization. Entering into relations with these kinds of companies is fraught with risks: commercial, tax, and even crime-related. The GARANT.RU web portal, based on an analysis of judicial practice and opinions given by practicing lawyers, came to understand how to identify an unscrupulous company and avoid contact with it.

Yuriy Ivanov, Head of Tax practice
GARANT.RU
25
August
2017

Beating the Central Bank: the mission is doable

According to statistics put together by analysts at Pravo.ru, over the past 5 years commercial banks have started to take the Central Bank to court more frequently. If there were only 53 of these kinds of cases back in 2013, just five years later their number has increased to 105 disputes. Despite the seeming “infallibility” of the regulatory authority, during this kind of litigation banks can still manage to prove the illegality of certain actions taken by the Central Bank, and get back their licenses. You can read in our materials how, thanks to this, lending organizations were able to beat the Central Bank in court.

Pravo.ru
21
August
2017

Chief accountants will make more frequent payments for organizational debt

Chief accountants and finance directors are now included in the list of people on whom responsibility for debt can be shifted during bankruptcy proceedings.

Glavbukh
16
August
2017

Arbitration proceedings: there are no precedents yet, but you hang in there

Six months have passed since the time when legislators started to allow transferring certain corporate disputes over to the arbitration courts for review. This means disputes that are connected with creating, reorganizing, or dissolving a legal entity, that have to do with claims filed by one participant in the legal entity vis-à-vis his/her legal relationships with other parties, that concern appeals filed for decisions made by the legal entity's board of directors, and others. These disputes can be only be given over for review to an arbitration court that has the status of being an arbitration institution that operates on a permanent basis, with fully-developed, published Rules governing corporate disputes, and given the existence of an appropriate arbitration agreement.

Pravo.ru
25
July
2017

The claim filed by Yugra against the Central Bank: lawyers evaluated each side’s chance for success

The Yugra bank, which by now has collapsed, is trying to use the courts to appeal a decision by the Central Bank to introduce an interim administration for it. The prospects for further developments are difficult to assess, lawyers acknowledge, although practice shows that it is almost impossible to win a battle with a regulatory authority, and the situation is unprecedented because now the Prosecutor General's Office has intervened.

Victor Petrov, Partner, Head of Litigation practice
Pravo.ru
20
July
2017

Lawyers tested the new service provided by the Federal Tax Service that discloses information on companies

The Federal Tax Service decided to “increase the level of transparency concerning legal entities in an unprecedented manner”, and to accomplish this it started an electronic service for businesses called “Transparent Business.” Owing to that, now the public can access information on whether or not a company has debt, as well as see a company’s income and expenses and its headcount. The website Pravo.ru proposed that lawyers test the system and talk about whether it will help prevent contact with companies that aim to defraud people.

Pravo.ru
5
July
2017

Arbitration authorities in The Hague will tackle matters regarding the Crimea

The Permanent Arbitration Court in The Hague decided that it has the right to review the claim filed by the Ukrainian company Ukrnafty against Russia to recover compensation due to the fact it lost gasoline stations in the Crimea. The Russian side, which called into question the court’s jurisdiction during the process, decided not to participate in the proceedings at all. The lawyers questioned by Kommersant note that Russia has already had success contesting the jurisdiction of The Hague Permanent Arbitration Court in a case that involved YUKOS.

Kommersant
3
July
2017

Gazprom did not concur with its arbiters

Gazprom called the reasoning put forth by the Stockholm arbitration representatives concerning its dispute with Naftogaz Ukraini, even though the mutual requirements would have led to a net balance favorable for the Russian company. Now the Russian monopoly will challenge the decision in Swedish court. According to lawyers, Gazprom might try to prove that the arbiters overstepped the bounds of their authority. Another goal for Gazprom might be to put pressure on Naftogaz, with whom it is now holding talks about how exactly the principles laid out in their preliminary decision will be put into practice.

Kommersant
5
September
2017

Russia disputes report: Seeing red

While the landscape of Russian litigation has seen a major shift into the bankruptcy arena CDR finds that new arbitration reform, as well as increasingly robust regulatory powers, should keep practitioners busy for the foreseeable future.

Victor Petrov, Partner, Head of Litigation practice
CDR magazine
24
August
2017

The Federal Antimonopoly Service discovered 205 cartel agreements over the first half of this year

Over the first half of this year, the number of cartel agreements brought to light by the antimonopoly authority grew by 22%, to 205; most of them had to do with collusion during the bids, the Federal Antimonopoly Service told RNS.

Rambler News Service
21
August
2017

Russian energy giant files claims against Georgia

In a dispute emphasising the importance of drafting investor-state agreements carefully, a major Russian energy company and some of its subsidiaries are seeking compensation for losses, alleging that Georgia had breached its contractual obligations.

CDR magazine
9
August
2017

The Supreme Court set restrictions on antimonopoly control over procurement

The Supreme Court explained why it ruled that Alrosa was right in its dispute with the antimonopoly authorities. The company was looking for a contractor that would build a motor vehicle road for it up to an oilfield in northern Siberia, and during the procurement process it put forth a series of requirements for the contractor: it banned any subcontracting, and required a bank guarantee issued by a bank of its choice. The authorities decided that these conditions were unlawful because they restricted the number of participants in the procurement process. However, the Supreme Court arrived at the opposite opinion. The explanations it gave might be heartening for lawyers working for companies acting in the capacity of customers.

Pravo.ru
25
July
2017

Mismanagement company: what to do if your payments for housing and utilities services are going down the drain

Debts for housing and utilities in Russia, according to the Ministry of Construction, have reached 1.34 trillion rubles. However, more than half of that amount is not owed by property owners, but by management companies. Material from RIA Novosti talks about why this is bad for those who pay for their utilities on time, and what you should do if your management company is not handling its obligations.

Yuriy Tatarinov, Head of Energy practice
RIA News
6
July
2017

"Profanation, not codification": lawyers assessed the amendments made to the Tax Code concerning unjust enrichment

Today, during the second, most important, reading the State Duma passed a bill for amendments to the Tax Code that specify those cases when a company is not entitled to lower tax rates or get a tax credit for VAT. This represents, in effect, taking the provisions in Resolution No. 53 concerning tax benefits passed by the Russian Supreme Arbitration Court and carrying them over into the Tax Code. However, lawyers questioned by the Pravo.ru website note that this is not the most well-executed attempt made by lawmakers – they have changed the conceptual framework, and not for the better, and the text of the amendments contains blatant slipups and inconsistencies. But the main thing that experts note is that an important assurance was excluded from the bill previously called for by the Supreme Arbitration Court and regulatory enforcement practice – the presumption of good faith on the part of the taxpayer.

Yuriy Ivanov, Head of Tax practice
Pravo.ru
4
July
2017

Reforming price setting in the construction industry: experts talk about the launch of the Federal Government Information System

Last year, the Russian Federation Ministry of Construction, Housing, and Utilities implemented reforms regarding price setting in the construction industry, and announced that it was switching over to a model for design engineering based on available pools of resources. Creating a Federal Government Information System for Price Setting in Construction (FGIS TsS) will cost the state budget 180 million rubles. Glavgosekspertiza is the authority responsible for putting it in place. There are just a few month left before FGIS TsS is launched – the system should start working by the end of September 2017. STROY EXPERT questioned industry participants and community experts about their attitude toward the introduction of this system to set prices in construction, and whether implementing it will really permit work to be streamlined, preclude errors during the process of rate setting, and regulate activity performed by construction resource suppliers.

Stroy.Expert
30
June
2017

A community of vershoks (unit of length) and roots

In the beginning of 2016, Tatyana Golikova, who is the head of the Auditing Chamber, reported that the level of depreciation for fixed assets belonging to organizations that provide healthcare and social services is 57.4%. Against the backdrop of poorly equipped facilities and a reduction in budget financing for medical institutions, the authorities are increasingly considering partnering with private investors as an opportunity to develop new projects and modernize old facilities. For now, the most widespread form of agreement for implementing this is the concession agreement, since business can better understand the rules of the game and the advantages of cooperation. However, the arrangements for distributing rights and responsibilities entail a much wider scale, but so are the prospects for this kind of collaboration taking root, depending on the region.

Kommersant (St. Petersburg)
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