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4
March

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

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

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
20
November

Land use and development in Moscow, will be approved by the Government of Moscow

In accordance with the Town Planning Code of the Russian Federation (hereinafter – the TPC RF) one of the main instruments designed to ensure sustainable development of territories is zoning. As a result of zoning, a territory of the municipality is allocated territorial zones for which town planning regulations are established. (This legal update is available only in Russian)

Сollective of authors, VEGAS LEX
27
October

The new procedure for launching criminal cases involving tax crimes. Comprehensive analysis

On 22 October 2014, Federal Law No. 308 “On Amendments to the Criminal Procedure Code of the Russian Federation” was signed and entered into force, which amended the procedure for launching criminal cases involving tax crimes under Articles 198-199.2 of the Criminal Code of the Russian Federation. (This legal update is available only in Russian)

Yuriy Ivanov, Head of Tax practice
9
October

New in property taxes

On 04 October 2014, signed was the Federal Law No. 284-FZ “On Amendments to Articles 12 and 85 in the first part and the second part of the Tax Code of the Russian Federation and the annulment of the law of the Russian Federation “On taxes on the property of individuals” (hereinafter – the Law) which made a number of amendments to Russian tax legislation. (This legal update is available only in Russian)

Yuriy Ivanov, Head of Tax practice
1
October

The new guidelines for pricing policies of monopolists

At the end of September 2014, the official website of FAS Russia published principles of economic analysis of pricing practices concerning their compliance with the Law on Protection of Competition. (This legal update is available only in Russian)

Alexander Sitnikov, Managing partner
Yulia Polyakova, Associate of Commercial group
22
August

Presidium of the Supreme Arbitration Court “softened” fixed prices

During its entire existence, the Presidium of the Supreme Arbitration Court of the Russian Federation never applied the interpretation of Paragraph 6 of Article 709 of the Civil Code, and literally three months before the termination of its activities, adopted two resolutions on cases, the subject of dispute of which involves the payment of a fixed price. (This legal update is available only in Russian)

Igor Chumachenko, Partner, Head of Real Estate, Land & Construction practice
1
August

Private antitrust suits in Russia: current situation and future perspectives

The importance of private antitrust lawsuits in Russia has risen significantly over the past few years. In 2000-2011 such claims were satisfied quite rarely. However, in January 2012, a provision directly entitling to sue a legal entity, which committed an antitrust violation, for damages caused by such violation, was introduced into Russian law. Since that time, the overall number of private antitrust lawsuits filed in Russian courts has substantially increased, as well as the number of satisfied claims.

Alexander Sitnikov, Managing partner
17
July

Topical issues in real estate, construction and land relations

VEGAS LEX law firm released a collection of publications in the years 2013-2014 on current issues in real estate, construction and land relations. (This legal update is available only in Russian)

Alexander Sitnikov, Managing partner
16
February

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

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.

Alexander Vyazovik, Partner, Head of Volga directorate, Head of Restructuring & Insolvency practice
3
December

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
10
November

Tax monitoring will reduce tax risks

On 04 November 2014, signed was Federal Law No. 348-FZ “On Amendments to the Tax Code of the Russian Federation”. The law provides for the possibility of applying tax monitoring, which is carried out at the location of the tax authority, in relation to taxpayer organizations (payers of fees and tax agents). (This legal update is available only in Russian)

Yuriy Ivanov, Head of Tax practice
15
October

The Constitutional Court of the Russian Federation on the procedure for compulsory purchase of a property located on the territory of integrated development

One of the directions for the development of land and urban planning legislation of the Russian Federation is to move from point construction to integrated development of territories. (This legal update is available only in Russian)

Alexander Sitnikov, Managing partner
7
October

Corporate fraud: mechanisms for recovering assets taken out of the country

Russia has stepped up development of mechanisms aiming at the return from abroad of capital lost as a result of economic crimes. The need for doing this was announced by the chairman of the Investigative Committee of Russia at the end of September 2014. A month earlier, the Russian General Prosecutor proposed to foreign colleagues the conclusion of agreements on the return of confiscated property. On this wave, on 23 September 2014, the State Duma passed during first reading the anti-corruption legislation proposed by the President of Russia. The amendments give the general prosecutor’s office the right to claim, in arbitration courts, the return of illegally acquired state and municipal property. However, the protection of private assets, taken abroad as a result of criminal acts, for now remains without proper regulation. (This legal update is available only in Russian)

Ilya Shengeliya, Project manager Southern directorate
16
September

Topical issues of corporate law

VEGAS LEX law firm issued a collection of publications from the year 2014, on current issues of corporate law. (This legal update is available only in Russian)

Alexander Garmaev, Head of Corporate and M&A practice
7
August

Court practice of approving amicable settlement agreements with antitrust authorities

On 18 July 2014, was adopted Resolution No. 50 by the Plenum of the Supreme Arbitration Court of the Russian Federation “On the reconciliation of parties in the arbitration process” (Decree on the reconciliation of parties). In the said Resolution, SAC RF clarified that, inter alia, economic disputes, such as those arising from administrative and other public relations (including anti-trust), may be settled by amicable agreements. (This legal update is available only in Russian)

Alexander Sitnikov, Managing partner
30
July

Key changes adopted to the law on concession agreements

The law on concession agreements has undergone a number of significant changes. Currently, there are two main trends in the development of concession legislation: increased sectoral specialization and the synchronization of concession legislation with other branches. (This legal update is available only in Russian)

Irina Dolgikh, Senior associate of PPP and infrastructure practice
8
July

Ministry of Energy raises the bar for network companies

Pursuant to the Presidential Decree No. 1567 dated 22 November 2012, a strategy was worked out for the development of the electric grid complex of the Russian Federation (hereinafter – the Development Strategy), which places restrictions on the activities of unqualified territorial grid organizations (hereinafter – TGO) through consolidation and the introduction of criteria for the recognition of a legal entity as a grid organization. (This legal update is available only in Russian)

Alexander Sitnikov, Managing partner
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