Analytics Legal analytics Services to business owners

10
June
2016

FAQ on structuring concession projects

Last year, the Federal Law “On Concession Agreements” turned 10 years old. Despite such a significant amount of time, and the volume of implemented projects, questions on structuring concession projects have not diminished. Conversely, with the national economy’s growing needs for infrastructure projects using private investments, and expanding the sphere of application of the concession model, the complexity of concession projects has increased. The more knowledge and experience participants have concerning concession projects, the better they will be able to improve them. This practical experience with concession law creates subsequent questions, the answers to which are not always found in the legislation.
Irina Nikolaeva, Junior associate, Energy practice
19
April
2016

The Supreme Court is against illegal tax control over price levels

On 11 April 2016, the Judicial Chamber on Economic Disputes of the Supreme Court issued a ruling on Case No. A63-11506/14, and with that, sided with the taxpayer in a dispute with the tax authorities. The Supreme Court of the Russian Federation stated that the territorial tax authorities, within cameral and field tax audits, are not allowed to control the market price levels in transactions between related parties.
Alexander Sitnikov, Managing partner
Yuriy Ivanov, Head of Tax practice
17
February
2016

Changes to anti-offshore legislation in early 2016

On the 15th of February 2016, Russian President Vladimir Putin signed Federal Law No. 32 “On Amendments to Parts One and Two of the Tax Code and the Federal Law – On Amendments to Parts One and Two of the Tax Code (regarding the taxation of profits of controlled foreign companies and income of foreign organizations). “ This law amends existing Russian anti-offshore legislation. We present here the most interesting amendments, which should be taken into account when working with affiliated foreign companies and non-corporate tax planning tools.
Yuriy Ivanov, Head of Tax practice
6
October
2015

Long-awaited novel amendments of the fourth antimonopoly package

On 05 October 2015, the Russian President signed Federal Law No. 275-FZ “On Amendments to the Federal Law – On Protection of Competition and Certain Legislative Acts of the Russian Federation”, also known as the “fourth antimonopoly package”. For several years, the fourth antimonopoly package was the focus of lively debate and subjected to numerous changes and adjustments. Its final version was the result of a compromise reached between the Federal Antimonopoly Service of the Russian Federation and the business community. Such a compromise in the fourth antimonopoly package largely explains the fact that, in some aspects, the antimonopoly regulations have been liberalized, while in others, they have been toughened. In this review, we will briefly analyse the key changes that were made to these regulations.
Alexander Sitnikov, Managing partner
3
July
2015

Russian software to receive priority in state tenders

On 30 June 2015, the government published Federal Law dated 29.06.2015 No. 188-FZ “On Amendments to the Federal Law – On Information, Information Technologies, and Protection of Information” and Article 14 of the Federal Law “On the Contract System in the Procurement of Goods, Works, Services for State and Municipal Needs”.
Alexandra Vasyukhnova, Partner, Head of Technology and Investment group
8
April
2015

Changes in the timelines and procedures for declaring foreign organizations and structures

On 6 April 2015, Russian President Vladimir Putin signed Federal Law No. 85-FZ (hereinafter the “Law”), which, in addition to changing provisions on social tax deductions on personal income tax, changes the procedure for notifying the tax authority on the presence of foreign organizations and structures.
Yuriy Ivanov, Head of Tax practice
17
March
2015

Criminal liability for antitrust violations: positive developments

On 08 March 2015, the Russian President signed Federal Law No. 45-FZ “On Amendments to Article 178 of the Criminal Code of the Russian Federation”, significantly reducing the number of violations of antitrust laws, which can result in criminal prosecution. The law comes into force on 20 March 2015. (This legal update is available only in Russian)
Alexander Sitnikov, Managing partner
4
March
2015

Advertising of drugs: risk matrix

Advertising and promotion of pharmaceuticals is a delicate and difficult task, since in this sphere intersect the art of attracting attention to the product, ethical principles and mandatory rules contained in advertising legislation as well as legislation on the protection of competition. In this regard, in order to facilitate the work of advertising and creative departments of pharmaceutical companies, as well as to simplify the work of advertising agencies – the counterparties of such companies, we prepared a summary matrix of the main risks, based on the analysis of law enforcement practice in the field of advertising of medicinal products. (This legal update is available only in Russian)
Alexander Sitnikov, Managing partner
26
January
2015

The Supreme Court specified the explanation provided by the presidium of the high arbitration court with respect to the payment for the works completed with no public contract

The amount of the disputes resolved in court and related to the scope, quality, cost and terms of contracting works is permanently large. Most of them arise out of the relations associated with the works performed for public or municipal needs. In the current economic context, the amount of such disputes will only be increasing. It is not uncommon that the mater in dispute is related to the payment for works performed by the contractor for public or municipal needs with no contract made in accordance with the established practice.
Igor Chumachenko, Partner, Head of Real Estate, Land & Construction practice
12
January
2015

Law on public procurement is adapted to changing market conditions

The terms and conditions of contracts, the performance of which should be completed in 2015, may be revised by mutual agreement (Federal Law dated 31.12.2014 No. 498-FZ). (This legal update is available only in Russian)
Alexander Sitnikov, Managing partner
29
April
2016

FAS will not pay interest on illegal fine

The Supreme Court of the Russian Federation has confirmed that current legislation does not provide for the possibility of reimbursing interest on borrowed funds used to pay administrative fines unlawfully levied by the Russian Federal Antimonopoly Service.
Alexander Sitnikov, Managing partner
13
April
2016

Changes to the APC RF were made at the initiative of the Supreme Court of the Russian Federation

On 29 October 2014, the Supreme Court of the Russian Federation introduced to the State Duma a draft federal bill No. 638178-6 “On Amendments to the Arbitration Procedure Code of the Russian Federation and in the second part of the Tax Code of the Russian Federation”. The bill not only makes significant changes to the existing provisions of the Arbitration Procedure Code, but also offers an innovation, previously unknown in arbitration procedural law, the institute of summary procedure.
Alexander Sitnikov, Managing partner
Evgeniy Rodin, Partner, Head of "Resources. Industry. Restructuring"
21
January
2016

“To know everything” (Continued)

In 2014, the Astrel Publishing House, as the legal owner of the trademark “I want to know everything”, prohibited the AST-PRESS KNIGA Publishing House to publish a book in its “Baby’s Library” series that carried the working “I want to know everything” on its cover page. Astrel also sought to recover compensation for the illegal use of its trademark to the tune of 2.9 million rubles. However, the dispute over trademark “I want to know everything” continues.
Alexandra Vasyukhnova, Partner, Head of Technology and Investment group
28
July
2015

Summer harvest of laws

In the final days of the spring session of & nbsp; the State Duma of the Russian Federation adopted a number of important laws,   issues relating to public   procurement and competition   regulation. This article provides an analysis of the key provisions of the said legislation. (This legal update is available only in Russian)
Alexander Sitnikov, Managing partner
8
June
2015

Amendments to the Russian CFC rules and the capital amnesty

On 8 June 2015, President Vladimir Putin signed into law the Federal Law No.150-FZ "On amendments being made to Part One and Part Two of the Tax Code of the Russian Federation and article 3 of the Federal Law "On amendments being made to Part One and Part Two of the Tax Code of the Russian Federation". The Law has introduced modifications into the Tax Code of the Russian Federation relating to the rules of taxation of controlled foreign companies (CFC), tax residence, tax implications of voluntary declaration of property and accounts by individuals, symmetrical corrections for taxation of controlled transactions, as well as a threshold modification of the cost value of capital and depreciable assets.
Yuriy Ivanov, Head of Tax practice
23
March
2015

New rules to analyse the state of competition: positive changes

On 15 March 2015, Order No. 33/15 of FAS Russia dated 30 January 2015 came into force, which introduced a number of changes to the order of analysing the state of competition in the commodity market, approved by Order No. 220 of FAS Russia dated 28 April 2010 (hereinafter – Order No. 220). Changes made to Order No. 220, on the whole, have a positive character for economic subjects and modify those provisions which earlier were subjected to justified criticism coming from market participants. (This legal update is available only in Russian)
Alexander Sitnikov, Managing partner
17
March
2015

“Anti-crisis” government regulations on state procurement

At the end of last year, the Federal Law dated 05.04.2013 No. 44-FZ “On the contract system in the procurement of goods, works, and services for state and municipal needs” a number of changes were introduced aimed at protecting the interests of suppliers in times of crisis. (This legal update is available only in Russian)
Alexander Sitnikov, Managing partner
16
February
2015

The mere fact that the contractor has performed the work, does not lead to the emergence of a customer’s obligation to pay for their results (Supreme Court of RF reviewed the latest dispute involving a state contract)

In accordance with Paragraph 1 of Article 702 of the Civil Code of the Russian Federation (hereinafter – the Civil Code), under a contractor agreement, one party (the contractor) undertakes to perform, on the instructions of another party (the customer), some work and deliver the result to the customer, and the customer is obliged to accept the result of the work and pay for it. Similarly defined is the object of a building construction contract and the contract for the performance of contractual work for state or municipal needs. (This legal update is available only in Russian)
Igor Chumachenko, Partner, Head of Real Estate, Land & Construction practice
20
January
2015

Bankruptcy under the new rules

Starting from 29 January 2015, the rules of the Federal Law “On insolvency (bankruptcy)” shall be applied to the bankruptcy procedures as amended by the Federal Law of 29 December 2014 No. 482-FZ.
3
December
2014

The international exchange of tax information in 2014

International cooperation on the exchange of tax information is moving into an active phase of collection and transmission of information. It is not surprising that the prevention of tax evasion is a priority for OECD countries. (This legal update is available only in Russian)
Yuriy Ivanov, Head of Tax practice
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