Analytics

Legal analytics

VEGAS LEX gives its close attention to any changes in the legal environment. Our forecasts help to minimize legal risks of our clients, which is highly important in today’s changing business situation, and to optimize business processes by using instruments of law and opening new opportunities to our clients for growth of their business.

In this section, you can look into our analytical studies and reviews. We monitor and analyze all significant changes, which take place in infrastructure and public-private partnership projects, restructuring, arbitration, M&A, antimonopoly policies, international transactions, taxes, real estate, investment, intellectual property, commerce, finance, insurance, industry-specific regulation (electric power industry, pharmaceutical industry, etc.).


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Legal analytics 245

12
August

Double Taxation Avoidance Agreement with Cyprus will be preserved

As it became known earlier, during the negotiations Cyprus agreed to the conditions of Russia to amend the agreement on the avoidance of double taxation in terms of increasing the withholding tax to 15% in respect of dividends and interest. All of us are now waiting for the new reality of the Cyprus offshore. The same goes for Malta and Luxembourg. According to information from Deputy Finance Minister Alexei Sazanov, these countries "in general" agreed to the conditions proposed by Russia to revise tax agreements.<br> <br> Who will be next in line? Find the answer in a brief analysis by VEGAS LEX.<br>

Alexander Sitnikov, Managing partner
Yuriy Ivanov, Head of Tax practice
25
May

SPIC 2.0: Making the First Move

<p> The Ministry of Industry and Trade of Russia declared that from May 25 to June 5, 2020 investors may apply for including their technologies into the list of high technologies. This list is the most important element required for the new special investment contract (SPIC) model to function. </p>

Alexander Sitnikov, Managing partner
Maxim Grigoryev, Partner, Head of Southern directorate, Head of special projects
Alexandra Vasyukhnova, Partner, Head of Technology and Investment group
Natalia Abtseshko, Head of International projects group
Artem Gasparyan, Associate of Southern directorate
13
August

SPIC 2.0: Mechanism for development of innovations and introduction of modern technologies

On 2 August 2019, the President of the Russian Federation signed a legislative package concerning significant reforms for the mechanism of special investment contracts. Amendments refer to legal regulation in industrial policy and affect tax and fiscal legislation.<br> <br> In this review, VEGAS LEX experts have analyzed changes, goals and prospects of the updated SPIC mechanism.

Alexander Sitnikov, Managing partner
Maxim Grigoryev, Partner, Head of Southern directorate, Head of special projects
Alexandra Vasyukhnova, Partner, Head of Technology and Investment group
Natalia Abtseshko, Head of International projects group
Artem Gasparyan, Associate of Southern directorate
4
August

Russia to initiate termination of double tax treaty with Cyprus

In early April, Russia sent a letter offering to amend the text of the agreement on avoidance of double taxation (DTT) by increasing tax rates in terms of taxable dividends and interest payments to Cyprus. However, after almost four months of negotiations, the parties failed to reach a consensus.<br> <br> According to the information published by the Russian Ministry of Finance, with due regard to close economic and historical ties between the two states, the Russian party formulated options for a compromise and offered to swiftly hold (the ongoing week) face-to-face negotiations in Cyprus but received a refusal. Consequently, Russia’s Ministry of Finance announced that it would initiate denunciation of the DTT.<br>

Alexander Sitnikov, Managing partner
Yuriy Ivanov, Head of Tax practice
6
March

Antitrust Compliance Law Adopted

On March 1, 2020, the President of the Russian Federation signed a law amending the Law on the Protection of Competition and at the level of federal legislation defines the concept of antitrust compliance and the basic requirements for it.

Alexander Sitnikov, Managing partner
Ksenia Podguzova, Senior Associate of Commercial group
Alina Zaitseva, Associate of Commercial group
4
June

Analysis of competitive situation on digital markets: legislative initiatives and Russian experience

In the “fifth antimonopoly package”, Federal Antimonopoly Service of Russia provides for the possibility to treat, in certain circumstances, the business entity, which owns infrastructure (platform) that is intended to organize and ensure cooperation of business entities and (or) consumers and which holds a commodities market share of less than 35 %, as occupying a dominant position. Specifically, it refers to the cases where network effects give such entity an opportunity to exercise a dominant influence on the general conditions of circulation of commodities and (or) remove other entities from the market and (or) impede access to the respective commodities market by other business entities.

Alexandra Vasyukhnova, Partner, Head of Technology and Investment group
Dmitry Borodin, Senior associate of Technologies and Investments Group

Publications 0

Infographics 0

27
July

With Deprivation of Trading. Moscow Exchange Tries to Exclude Any Risk of Sanctions due to the Crimean Residents

<p style="text-align: justify;"> The Moscow Exchange intends to begin trading in the US shares in mid-August. But the question how to prevent the persons located in Crimea from participating in such trading so that not to become subject to the US sanctions is still open. The exchange believes that this is a concern of brokers, since it is they who conclude contracts with clients, who, in their turn, want to obtain an official document containing the grounds for denial from the exchange. Comments by Natalia Abtseshko. </p>

Natalia Abtseshko, Head of International projects group
Kommersant
27
July

Bankruptcy payments circulation. Yugra’s bankruptcy assets have been increased under a special scheme

<p style="text-align: justify;"> The record amount of RUB 1.4 bn has been included in the bankruptcy assets of the bank “Yugra”, which goes bankrupt. It has been contributed by companies affiliated with Alexey Khotin, the ex-owner of Yugra, for repayment of overdue loans of several debtors of the bank. However, the State Deposit Insurance Agency (SDIA) cannot spend money on payments to depositors: the companies, whose loans have been repaid, are themselves close to bankruptcy, and the bank is merely one of creditors. The lawyers point out that the application of these funds by SDIA may be challenged. Stanislav Shibulkin is commenting on it. </p>

Stanislav Shibulkin, Associate of Bankruptcy projects
Kommersant
17
July

Vegas Lex has commented on one of the first cases over holding a lawyer subsidiarily liable

<p style="text-align: justify;"> The lawyer Tatiana Votinova is being held subsidiarily liable for debts of the company to which she provided legal services under a contract. The amount of claims is RUB 23 million. Valeria Tikhonova, Associate of VEGAS LEX’s Bankruptcy projects, is providing her comments.  </p>

Valeria Tikhonova, Associate of Bankruptcy projects
Arbitration practice
16
July

Federal anti-monopoly service in mass media: meeting on controlling and supervisory and permitting activities was held during the russian business weeks

<p style="text-align: justify;"> On July 14, 2020, during the Russian Business Weeks, the Controlling and Supervisory and Permitting Activities. Future Outlook meeting was held. Alexander Sitnikov, Managing Partner of Vegas Lex, reported on how to make the businessmen’s lives easier beyond using "regulatory guillotine" </p>

Alexander Sitnikov, Managing partner
FAS Russia
16
July

The ownership of Tulachermet-steel has turned out to be in question. the fate of one of the assets of koks group will be decided by a court of cassation

<p style="text-align: justify;"> A dispute between Evgeniy Zubitskiy, the majority shareholder of Koks group, and his daughter-in-law Viktoria Kazak has changed from financial issues to re-division of assets. This is about control over Tulachermet-Steel plant, one of the group companies, in which RUB 55 billion has been invested. Mrs Kazak challenges the sale of a participatory interest therein to Metallfinance owned by Evgeniy Zubitskiy for RUB 39.2 million. One day the courts take the sides of one party, another day the courts take the sides of the other party; the ball is now in the court of cassation. Lawyers say that the plaintiff has a chance to win and that the case itself may become important for the practice concerning corporate disputes. Maxim Grigoryev is commenting on it. </p>

Maxim Grigoryev, Partner, Head of Southern directorate, Head of special projects
Kommersant
19
April

Determining the approximate size of an economic entity’s market share

The VEGAS LEX group of companies has prepared analytical infographics devoted to determining the approximate size of a business entity's market share in order to effectively manage anti-monopoly risks.

Ksenia Podguzova, Senior Associate of Commercial group
29
April

Provisions of the new Administrative Procedures Code of the Russian Federation

As part of judicial reform in the Russian Federation, on 08 March 2015, the Administrative Procedures Code was adopted. The provisions of the adopted Code will apply in the consideration of cases arising from administrative and other state relations, starting already on 15 September 2015. Moreover, the sphere regulated by this Code will include cases on which proceedings were commenced before the said date.

Alexander Sitnikov, Managing partner
Victor Petrov, Head of Litigation practice
28
April

Exclusion from the register of unfair suppliers: analysis of judicial practice

In the current economic situation, many companies are interested in participating in state procurement contests and in procurement tenders of individual legal entities, thus ensuring a certain level of economic stability for themselves. However, the opportunities for participation in such tenders are significantly reduced if company’s name ends up being listed in one of the registers of unscrupulous suppliers, since in their tender documentation, most customers include a requirement that participants in the tender should not be listed in the Register.

Alexander Sitnikov, Managing partner
Ksenia Podguzova, Senior Associate of Commercial group
23
April

VEGAS LEX Reference Book: Typical commercial disputes in 2015

This publication is a “reference book” on typical commercial disputes in Russia, which will be common in the market in 2015. For each typical dispute, in this publication we present the main trends in judicial practice, and the possible and promising ways to protect the rights of entrepreneurs. This reference book on typical commercial disputes has been prepared by VEGAS LEX lawyers, the ones directly involved in the implementation of respective projects.

Victor Petrov, Head of Litigation practice
11
March

Nationwide Survey "Practice of Fighting the Corporate Fraud"

VEGAS LEX law firm and Russian Union of Industrialists and Entrepreneurs are happy to bring to your attention the Nationwide Survey "Practice of Fighting the Corporate Fraud" Final Report. The key mission of the Survey was to improve the tools of fighting the corporate fraud in Russia and elaborate suggestions for improving and updating Russian laws.

Maxim Grigoryev, Partner, Head of Southern directorate, Head of special projects
Ilya Shengeliya, Project manager Southern directorate
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