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.).


Select services and industries:

Select the period:

Legal analytics 243

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
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
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
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
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

Publications 0

Infographics 0

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
14
July

The Ministry of Justice has proposed to hold a founder of municipal budgetary institution secondarily liable

<p> </p> <p style="text-align: justify;"> The draft law envisages that the relevant provision will apply to the legal relations arisen after 1 January 2011. <br> One of the experts of AG noted that, although the Constitutional Court of the Russian Federation concluded that Clause 5 of Article 123.22 of the Civil Code of the Russian Federation is inconsistent with the Constitution of the Russian Federation, the draft law proposes to make similar amendments to Clause 6 of the relevant Article, which relates to the matter of secondary liability of the owner of property of autonomous institution. The second expert noted that the amendments, if adopted, would positively affect the practice of recovery of debt for supplied resources from budgetary institutions in favour of resource providers (RPs). Yuriy Tatarinov is providing comments thereon. </p> <p> </p>

Yuriy Tatarinov, Counsel, Energy Practice
Advocate newspaper
14
July

Judges will actively identify the laundering of proceeds in civil cases

<p style="text-align: justify;"> The Supreme Court has published the Review of Practice for Combating Illegal Financial Transactions.  When examining an administrative or arbitration case, the court may de facto be involved in the commission of a criminal offence. The published document recommends the judges to act actively if there is a reason to suspect that the plaintiff’s demands are invented specifically for laundering the proceeds from crime. The powers and authority are sufficient. The court must not be limited to the formal consideration of a case but it must identify the grounds to suspect the legitimization of income and, if necessary, engage other government agencies, i.e. prosecutor’s office, tax office, customs office and Rosfinmonitoring. Kirill Nikitin, Head of Volga Directorate of the VEGAS LEX law firm, has studied the Supreme Court’s Review. </p>

Kirill Nikitin, Head of Volga Directorate
Volgasib.ru
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
Expert advice

Apply to participate

Agreement