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24
April
2014

Use of circumstantial evidence in cases of bid rigging

Anti-competitive agreements to increase, decrease, or maintain prices at tenders – prohibited by Paragraph 2 of Part 1 of Article 11 of the Federal Law dated 26 July 2006 No. 135-FZ “On Protection of Competition” – are the most common type of cartels. More than half of all cartel cases that are launched, involve bid rigging. However, in practice, there is no single standard of proof for such anti-competitive agreements. The most relevant in this context is the question of the use of circumstantial evidence, with significant differences in the approaches used by the competition authority and the courts.(This legal update is available only in Russian)

Сollective of authors, VEGAS LEX
15
April
2014

New rules for gas consumers

On 1 March 2014, Rules for connection to gas distribution networks entered into force. These rules determine the procedures for connections (technical connections) to gas networks, designed, constructed, reconstructed or built, but not connected to the gas distribution network’s capital construction objects. (This legal update is available only in Russian)

Alexander Sitnikov, Managing partner
10
April
2014

Changes in tax legislation

Russian President Vladimir Putin signed a Federal Law amending the first and second parts of the Tax Code of the Russian Federation and Certain Legislative Acts of the Russian Federation. (This legal update is available only in Russian)

Yuriy Ivanov, Head of Tax practice
25
March
2014

Anti-offshore draft bill

On 18 March 2014, the Ministry of Finance of Russia published for discussion a key “Anti-offshore” draft bill, which introduces significant changes to the taxation of profits of controlling foreign companies. (This legal update is available only in Russian)

Yuriy Ivanov, Head of Tax practice
18
March
2014

Protection of intellectual property rights on medicines. New practice

In December 2012, the auction commission of the Regional Ministry of Health rejected the application of a supplier of generic drugs, due to patent infringement of the manufacturer of the original drug. FAS Russia, the courts of first and appellate instances found the actions of the auction committee justified. However, on 17 February 2014, the Federal Arbitration Court of the Moscow District sent the case back for a new trial in the Court of First Instance, pointing out that the lower courts had not thoroughly examined the evidence in the case. (This legal update is available only in Russian)

Alexandra Vasyukhnova, Partner, Head of Technology and Investment group
11
March
2014

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, Compliance Counsel
4
March
2014

LEGAL TWEET # 13 Revolutionary amendments to the Federal Law “On Concession Agreements”

(This legal update is available only in Russian)

Irina Nikolaeva, Junior associate, Energy practice
5
February
2014

LEGAL TWEET # 12 Changes in legislation: the impact on PPP projects

(This legal update is available only in Russian)

Сollective of authors, VEGAS LEX
1
February
2014

Security of personal data when using the “cloud” services

The issue of protecting confidential information, in particular personal data, is one of the important factors when a business is looking at using “cloud” technologies. The importance of this question is dictated, on the one hand, by the crucial importance of this information for certain types of business, on the other hand – the increased attention of regulators to this sphere in recent years. The main question is – is not the use of “cloud” services for the processing of personal data a violation of Russian law? (This legal update is available only in Russian)

Alexandra Vasyukhnova, Partner, Head of Technology and Investment group
3
December
2013

LEGAL TWEET. Issue No. 11. Financing of infrastructure projects from the National Welfare Fund and pension savings: novel amendments to legal regulations

(This legal update is available only in Russian)

Irina Nikolaeva, Junior associate, Energy practice
23
April
2014

Actions of a potential competitor may be considered unfair competition

Under unfair competition are considered the activities of economic entities, which are aimed at obtaining benefits, through the implementation of activities that are contrary to Russian legislation, business traditions, requirements for integrity, reasonableness and fairness, and that have caused or may cause losses to other economic entities – competitors, or have caused or may cause harm to their business reputation. Thus, from a literal interpretation of this definition, the actions of unfair competition can take place only in relations between real competitors. However, there exists in judiciary practices, allowing the prosecution for unfair competition, persons, who at the time of activity, are not the actual competitors of the victim (or potential competitors). (This legal update is available only in Russian)

11
April
2014

Tax Convention with Malta is ratified

Russian President Vladimir Putin signed the law on the ratification of the Convention for the avoidance of double taxation with Malta. (This legal update is available only in Russian)

Yuriy Ivanov, Head of Tax practice
3
April
2014

LEGAL TWEET # 14 State procurement by template

(This legal update is available only in Russian)

24
March
2014

Commercial policies of pharmaceutical companies and medical device manufacturers: new lessons for market players

Federal Antimonopoly Service (FAS) and Russian court practice in addressing unreasonable refusals to enter into a supply agreement continues to develop. Several new cases considered by the FAS and the courts at the end of 2013/beginning of 2014 have enabled the identification of new trends in legal implementation policies.

14
March
2014

Presidium of SAC RF on the recovery of damages from the directors

On 15 February 2014, published was Decree No. 1114/13 of the Presidium of SAC RF dated 22 October 2013, which is developing jurisprudence on the recovery of damages from the boards of directors of business entities. (This legal update is available only in Russian)

7
March
2014

The privatization of land allocated for construction, has been set back due to changes in the permitted use

The Presidium of SAC RF once again returned to the issues of establishing and changing the characteristics of a land plot, which determines its legal status, as the type of permitted use. This time the subject of the dispute was the question of the establishment of the permitted use of the land, given in the right of ownership to the owner of real estate objects located on the land plot, in a situation where previously this area was granted to him under a rental agreement for the new construction. (This legal update is available only in Russian)

Igor Chumachenko, Partner, Head of Real Estate, Land & Construction practice
28
February
2014

Securitization of project financing

On the eve of the new year, the President of the Russian Federation signed Federal Law No. 379-FZ dated 21.12.2013 “On Amendments to Certain Legislative Acts of the Russian Federation”. The signing of this law has led to changes in the law on notaries, the rules regulating the legal regime for secured bonds, as well as additions to the RF Civil Code of articles governing the legal regime of nominal and the escrow accounts and the legal status of specialized companies. We present to your attention the analytical review of “Securitization of project financing”, which analyses the changes in legislation, in the most important spheres of public-private partnerships. (This legal update is available only in Russian)

Irina Nikolaeva, Junior associate, Energy practice
4
February
2014

“New Year” changes in corporate and state procurement

On 28 December 2013, the President signed Federal Law No. 396-FZ, which made changes to a number of regulations on the implementation of state procurement. In particular, the changes affected the provisions of the Federal Law dated 26 July 2006 No. 135-FZ “On Protection of Competition” and the Federal Law dated 18 July 2011 No. 223-FZ “On procurement of goods, works, and services of certain kinds of legal entities”. (This legal update is available only in Russian)

18
December
2013

Customs regulations

Plenum of SAC RF provided clarification aimed at forming a unified approach to the resolution of issues arising from the consideration of cases by arbitration courts concerning the application of customs legislation. (This legal update is available only in Russian)

Alexandra Vasyukhnova, Partner, Head of Technology and Investment group
12
November
2013

Expanding the concept of the interested person, as a trend in judicial practice on disputes involving the early termination of a trademark

On 29 October 2013, the website of the Supreme Arbitration Court of the Russian Federation issued Presidium Decree No. 5793/13 dated 17 September 2013 on a dispute involving the early termination of legal protection of a trademark with the verbal designation “KAIT-SPORT” due to its non-use, by which the approach to determining the interested person was expanded. (This legal update is available only in Russian)

Alexandra Vasyukhnova, Partner, Head of Technology and Investment group
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