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5
August

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
Anastasia Cheredova, Senior associate of Commercial group
21
July

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
Ksenia Podguzova, Associate of Commercial group
24
June

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According to Part 1 of Article 325 of the Arbitration Procedure Code, if the enforcement of an act is repealed, in whole or in part, and a new judicial act adopted, on a full or partial denial of the claim, or the claim is left without consideration, or the proceedings were terminated, the defendant is returned all that was recovered from him in favour of the plaintiff on the repealed, or modified in the relevant part, judicial act.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 Energy practice
Alexander Kiselev, Senior associate of Energy practice
10
June

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.

Denis Shtirbu, Head of PPP and infrastructure practice
Irina Dolgikh, Senior associate of PPP and infrastructure practice
19
April

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

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

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
Yulia Polyakova, Associate of Commercial group
3
July

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

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

“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
Yulia Polyakova, Associate of Commercial group
Ksenia Podguzova, Associate of Commercial group
21
July

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
Ksenia Podguzova, Associate of Commercial group
24
June

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
21
June

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
29
April

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
Ksenia Podguzova, Associate of Commercial group
13
April

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 Energy practice
21
January

“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
Ksenia Podguzova, Associate of Commercial group
28
July

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
Yulia Polyakova, Associate of Commercial group
8
June

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

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
Ksenia Podguzova, Associate of Commercial group
17
March

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
Yulia Polyakova, Associate of Commercial group
Ksenia Podguzova, Associate of Commercial group
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