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 242

6
March

Принят закон об антимонопольном комплаенсе

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
17
May

Protection of business reputation on the Internet will become more efficient

According to the statistics of the Supreme Court of the Russian Federation, the number of arbitration cases involving claims for protection of business reputation is increasing year by year. Specifically, in 2017, the number of satisfied claims under such cases increased almost double as compared to 2016. Increasingly, the data posted on the Internet becomes the reason for lodging a claim for protection of business reputation. At the same time, judicial defence in such cases becomes more complicated because of the lack of the efficient mechanism of enforcement of court judgments concerning the removal of damaging information. The recent legislative changes regarding enforcement proceedings and information are focused on creation of such mechanism.

Victor Petrov, Head of Litigation practice
Dmitry Borodin, Senior associate of Technologies and Investments Group
Elvira Khasanova, Junior associate Litigation practice
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, Junior Associate of Southern directorate
18
May

Overview of the practice in application by the FAS Russia of antimonopoly legislation for March-April 2018

The practice in application of the provisions of antimonopoly legislation is of a particular importance. Thus, having the knowledge of the current approaches to application of the antimonopoly legislation’s provisions, it is possible to forecast the possibilities and expediency of appealing the acts of antimonopoly authorities in the administrative or judicial proceedings. The VEGAS LEX law firm is providing you with an overview of the practice in application of the antimonopoly legislation’s provisions in March-April 2018.

Alexandra Vasyukhnova, Partner, Head of Technology and Investment group
28
April

Commercial policy of pharmaceutical company: objectives and conditions

In the recent years, the interest of the pharmaceutical industry participants in the matters related to drafting and application of commercial policies is not declining. Within the framework of this overview, we shall do our best to answer some topical issues relating to application of commercial policies by the business entities that occupy a dominant position on the pharmaceuticals markets and on the medical products markets.

Publications 0

Infographics 0

11
January

Recognition and enforcement of foreign arbitral awards in Russia: overview and prospects

The rapid development of international trade in the 21st century calls for the unification of legislation and enforcement practices in the spheres associated with international commercial arbitration, especially so in the area of recognition and enforcement of foreign arbitral awards.

Natalia Abtseshko, Head of International projects group
Svetlana Vasilyeva, Junior associate of Litigation practice
AEB Business Quarterly
8
August

Regulated purchases in the oil and gas industry: key changes and new opportunities

In the first issue of the Digest NEFTEGAZ (joint project of National Oil and Gas Forum and Oil and Gaz excibition, supported by Expocenter), read an article authered by Yulia Polyakova, lawyer of the Commercial Group VEGAS LEX, on the topic of procurement regulation in the Oil and Gas industry of Russia.<br> <br> In her article, Julia analyzed the latest amendments to Federal Law No. 223-FZ of 18 July 2011 "On Procurement of goods, works, services by Individual Types of Legal Entities", which underwent significant changes affecting the purchase procedure in the Oil and Gas industry after 1 July 2018.<br>

Digest NEFTEGAS
17
May

Restriction of shareholders’ voting rights: common scenario and consequences of restriction

In accordance with provisions of article 65.2 of the Civil Code of the Russian Federation, the participants of a corporation, including shareholders, shall have the basic right to participate in administration of the corporation’s affairs. In particular, this right shall be exercised through participation in a shareholders’ general meeting with the right to vote on all matters within its competence pursuant to clause 2 of article 31 of the Federal Law “On Joint-Stock Companies”, No.208-FZ, dated 26 December 1995. However, there are instances where the shareholder’s right to vote on the matters relating to management in a joint-stock company may be restricted by internal documents, shareholders’ agreement or by virtue of law and (or) court judgment. Depending on the reason for the said restriction, various legal consequences arise. The said restrictions and their consequences are considered further in greater detail.

ezh-Yurist
20
April

Recommendations for conclusion of shareholders’ agreements with regard to banks

In our practice, over the last 3 to 5 years, the shareholders and participants of the Russian companies have been increasingly concluding the shareholders’ agreements (corporate agreements) under the Russian law. This trend also concerns the banks. For example, according to the publicly available sources, the shareholders’ agreements have been concluded in respect of PJSC “Post Bank”, OJSC “TransCreditBank” and PJSC “MTS Bank”.

Alexander Garmaev, Head of projects, Corporate and M&A practice
Legal work in a credit organization
20
April

The practice of challenging of transactions in case of the bankruptcy of credit institutions

According to the statistics posted by the Bank of Russia on its website, as of 1 January 2017, 288 credit institutions (87.54% of the total number of liquidated credit institutions) have been declared bankrupt by arbitration courts, bankruptcy proceedings have been initiated in relation to them and bankruptcy receivers have been appointed. However, the statistics of satisfying the creditors’ claims is low – since credit institutions do not have sufficient funds for a long period of time, the claims are satisfied at the average of 15.8% of the amounts of ascertained claims.

Victor Petrov, Head of Litigation practice
Elvira Khasanova, Junior associate Litigation practice
Legal work in a credit organization
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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