Analytics Legal analytics Services to business owners

15
January
2018

Typical disputes under contracts that involve developing and implementing software 2016-2017

This overview has put together examples of court cases that illustrate the types of disputes that are often encountered arising from the performance of contracts to develop and implement software (PO). Every dispute focuses on one or two legal issues, and permits certain practical conclusions to be drawn that can be beneficial for specialists who work in this area.
Alexandra Vasyukhnova, Partner, Head of Technology and Investment group
Dmitriy Borodin, Project manager of corporate direction
29
November
2017

Currency controls: the new rules for dealing with banks

In November 2017, two regulatory acts were published that made significant adjustments to the mechanisms for banks to control hard currency. The first one is Guideline Manual No. 181-И, issued by the Bank of Russia (the Central Bank), that must be followed starting January 1st, 2018 to record and furnish reporting on operations with hard currency (hereinafter Manual No. 181-И). The Manual is supposed to loosen currency controls by decreasing the burden borne by residents. The second act has the opposite effect, and is geared toward tightening currency controls. This is Federal Law No. 325-FZ, which, when it enters into force on May 14th, 2018, will make it easier for banks to respond to any violations of currency law, and draws distinctions between the types of administrative liability in this area.
Victor Petrov, Partner, Head of Litigation practice
Ilya Shengeliya, Compliance Counsel
10
July
2017

New developments in european legislation on personal data: risks and recommendations for russian businesses

In the spring of 2016, widescale work ended that was performed on reforming legislation that addressed personal data in the framework of the European Union. The result was the adoption of EU Regulation No. 2016/679 entitled “On the protection of natural persons with regard to the processing of personal data and on the free movement of such data”, which enters into force in May 2018. The key objective of this reform was the need to unify the regulations concerning personal data in the EU and allow for a single approach to be adopted by all EU countries, ensuring unhindered and efficient interaction between EU operators.
Alexandra Vasyukhnova, Partner, Head of Technology and Investment group
19
May
2017

Big Data: the goals of antimonopoly regulation, or what we want to protect versus what we can

Big Data is now an important economic asset that can be used by organizations to gain a competitive advantage. Because of this, antimonopoly authorities are increasingly interested in regulating the market for Big Data.
Alexandra Vasyukhnova, Partner, Head of Technology and Investment group
9
March
2017

The Russian Federation Supreme Court’s new stance on price controls and thin capitalization

On February 16th, 2017 the Russian Federation Supreme Court Presidium approved the review of practices when hearing cases involving the application of individual provisions in section V.1. and article 269 in the Russian Federation Tax Code (RF TC).
Yuriy Ivanov, Head of Tax practice
13
October
2016

The alcoholic products market: actual problems, regulation, litigation

The alcohol market occupies a leading position among the other branches of the food sector in Russia, bringing considerable income into the state budget. During the years 2012-2014, as a result of a sharp increase in excise rates on alcoholic beverages, and the general deterioration of the economic situation, retail sales of alcohol in Russia decreased by almost one quarter, due to outflow of consumers to the illegal sector. In this regard, the Federal Service for the Regulation of the Alcohol Market in Russia has taken a number of measures, which in 2015, were able to halt the decline in retail sales of alcoholic beverages
Natalia Abtseshko, Head of International projects group
22
September
2016

Preferences for Russian goods during procurement, according to law No. 223-FZ

On 16 September 2016, the Russian Government adopted Decree No. 925 "On the priority of goods of Russian origin, works and services carried out or rendered by Russian entities in relation to goods originating from a foreign country, works and services carried out or rendered by foreign entities". This decree states the priority be given to Russian goods / Russian entities during procurement, carried out under the Federal Law of 18 July 2011 No. 223-FZ "On procurement of goods, works and services from certain kinds of legal entities". The decree shall enter into force on 1 January 2017.
Alexander Sitnikov, Managing partner
5
August
2016

Purchases under new preference rules in exchange for investments

On 1 September 2016, shall come into force changes to the Federal Law “On the contract system in the procurement of goods, works and services for state and municipal needs”, made by the Federal Law dated 3 July 2016 No. 365-FZ.
Alexandra Vasyukhnova, Partner, Head of Technology and Investment group
21
July
2016

Tightening of administrative responsibility for violation of legislation on the contract system

Before its spring session ended, the State Duma of the Russian Federation adopted Federal Law dated 3 July 2016 No. 318-FZ “On Amendments to the RF Administrative Offences Code”. This law increased the number of actions that can be considered as administrative offenses, involving the violation of procurement procedures, as established by the legislation on the contract system, as well as the tightening of administrative responsibility for specific violations.
Alexander Sitnikov, Managing partner
24
June
2016

Exclusive rights of copyright owner during a tender: law enforcement practice

In this review, we consider when requirements for owning exclusive rights may be made for a tender participant, and what opportunities are there for the protection of the copyright owner’s exclusive rights, when these are violated as a result of a tender.
Alexandra Vasyukhnova, Partner, Head of Technology and Investment group
15
January
2018

Federal Law No. 223-FZ: only tighten, never loosen

On December 31st, 2017 Federal Law No. 505 "On amending certain Russian Federation legislative enactments" was signed (hereinafter Amendments). The amendments introduce substantial changes into Federal Law No. 223-FZ "On procuring goods, work, and services by certain types of legal entities" dated July 18th, 2011 (hereinafter Federal Law No. 223-FZ).
Alexandra Vasyukhnova, Partner, Head of Technology and Investment group
28
September
2017

Checklists: what to expect from the new audit mechanism

Starting October 1st, 2017 certain supervisory and audit authorities are supposed to use checklists hat have questions used to gather information. This new mechanism is designed to solve several tasks at once: to streamline, simplify, and increase the transparency of audits. This is all for the auditors. However, people who are involved in business will also benefit from this tool if they can adopt the right approach.
Maxim Grigoryev, Partner, Head of Southern directorate, Head of special projects
Ilya Shengeliya, Compliance Counsel
27
June
2017

"Departmental appeals" against the Russian Antimonopoly Serivce: describing the process, the procedures, and current outcomes

Starting January 5, 2016, the so-called “fourth antimonopoly package” of laws came into effect that substantially complemented existing legislation concerning the protection of competition. One of the more distinguished innovations is granting people the opportunity to contest rulings delivered by Russian Federation Federal Antimonopoly Service (hereinafter the FAS Russia) regional departments through extrajudicial proceedings. In this analytical review, a description is given of the mechanism that has been introduced and the appeal hearing procedure, and the current outcomes are reviewed for work performed on “departmental appeals” against the FAS Russia during the period they have existed.
Alexandra Vasyukhnova, Partner, Head of Technology and Investment group
24
April
2017

Differentiation of liability for anti-competitive agreements

Federal Law No. 135-FZ dated July 26th, 2006 and entitled “On protecting competition” established several types of anti-competitive agreements that are prohibited (cartels, vertical agreements, and other agreements). These varieties differ significantly from each other in terms of the degree of their negative impact on competition and the threat they present for the public. However, until just now the measures for administrative enforcement that could be taken with people who signed any one of these anti-competitive agreements did not differ from each other in any way.
Alexander Sitnikov, Managing partner
Alexandra Vasyukhnova, Partner, Head of Technology and Investment group
17
November
2016

Eligibility Criteria: new rules for network organizations

On 14.10.2016, the Government Decree No. 989, dated 30.09.2016, “On amendments to some acts of the Russian Federation on the functioning of territorial grid companies” came into force, amending market regulation rules for the provision of electric power transmission services by territorial network organizations
Evgeniy Rodin, Partner, Head of "Resources. Industry. Restructuring"
Yuriy Tatarinov, Head of Energy practice
12
October
2016

Trade Act: new rules

In July of this year, substantial changes were made to the Federal Law dated 28.12.2009 No. 381-FZ “On the Basis of State Regulation of Commercial Activities in the Russian Federation”. The most controversial and debated turned out to be a new provision, which provides for the limitation of the total amount of remuneration payable to suppliers of food products to retail chains for the acquisition of a certain number of goods, and the payment for additional services.
Alexandra Vasyukhnova, Partner, Head of Technology and Investment group
8
August
2016

Long-term procurement arrangements in the pharmaceutical sector: new options or additional risks?

From 1 September 2016, investors under special investment contracts (SPICs), as well as regional investors, may benefit from additional preferences during the procurement of various types of product for state and municipal needs. Whether these preferences will create long-term procurement options in the pharmaceutical sector is one of the key questions for pharmaceutical companies planning to invest in localisation in Russia.
Alexander Sitnikov, Managing partner
21
July
2016

Moving unitary enterprises to the contract system

In the final days of the spring session of the State Duma of the Russian Federation, an important law was passed aimed at strengthening control over procurement by state and municipal unitary enterprises. In this research report, we examine the key provisions of that legislation and its legal consequences for unitary enterprises.
Alexander Sitnikov, Managing partner
24
June
2016

Overturning the enforcement of a judgment: is it possible to collect interest?

According to Part 1 of Article 325 of the Arbitration Procedure Code, if the enforcement of an act is repealed, in whole or in part, and a new judicial act adopted, on a full or partial denial of the claim, or the claim is left without consideration, or the proceedings were terminated, the defendant is returned all that was recovered from him in favour of the plaintiff on the repealed, or modified in the relevant part, judicial act. In the application of the rule of law, courts have said there were issues related to the accrual of interest for the use of funds in the case when these funds were transferred to the claimant, after the entry into force of the judicial act, but later the judicial act was abolished through a cassation appeal. Answers to these questions were given by the court when resolving a particular dispute.
Alexander Sitnikov, Managing partner
Evgeniy Rodin, Partner, Head of "Resources. Industry. Restructuring"
21
June
2016

Public procurement: protecting the exclusive rights of copyright holders

We present, for your information, a collection of articles on issues in the field of exclusive rights protection for copyright holders in the course of public procurement.
Alexandra Vasyukhnova, Partner, Head of Technology and Investment group
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