Analytics Legal analytics Infrastructure and real estate

6
September

Investment in the social catering: PPP and concession agreements

Advantages for investors and the state, new features, the latest trends, the ways to structure the project, the key parameters of the project, the project preparation stages

Denis Shtirbu, Head of PPP and infrastructure practice
Irina Dolgikh, Senior associate of PPP and infrastructure practice
30
July

PPP Law: what's in a name?

July 1, 2015 the State Duma adopted a   the Federal Law "On public-private partnership, municipal-private partnership in the Russian Federation and the Introduction of Amendments to Certain Legislative Acts of the Russian Federation" regulates the relations connected with the preparation, conclusion and implementation of agreements on public-private and municipal-private partnership, establishes the authority of public law entities, public authorities and local governments in the fields of PPP and MPP, and also provides for changes in the legislation of the Russian Federation in terms of integration into a PPP agreement and MPP. (This legal update is available only in Russian)

Irina Dolgikh, Senior associate of PPP and infrastructure practice
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
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
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
22
July

Challenging cadastral values: current legal positions of SAC RF, and changes to legislation

In accordance with Article 24.19 of the Federal Law dated 29.07.1998 No. 135-FZ, the results of determined cadastral value can be challenged by individuals and legal entities, if the results of determined cadastral value affect the rights and obligations of these entities. (This legal update is available only in Russian)

Сollective of authors, VEGAS LEX
4
July

LEGAL TWEET # 17 The long-awaited amendments to the Federal Law “On Concession Agreements” was adopted in the third reading

(This legal update is available only in Russian)

Irina Dolgikh, Senior associate of PPP and infrastructure practice
15
April

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
7
March

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
3
December

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)

21
June

Analytical overview of key issues in the field of real estate, land, and construction

The VEGAS LEX Law Firm has released a collection of publications in the years 2015-2016, on current issues in the field of real estate, land, and construction.

Igor Chumachenko, Partner, Head of Real Estate, Land & Construction practice
29
April

Private initiatives in concessions: international experience and prospects of their formation in Russia

We present for your attention the study of VEGAS LEX and the PPP Centre on the private initiative to enter into concession agreements, carried out with the support of Ministry of Economic Development of Russia. (This legal update is available only in Russian)

Сollective of authors, VEGAS LEX
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
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
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
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
3
July

“Unfinished construction” will be taken via court

Federal Law dated 23.06.2014 No. 171-FZ “On Amendments to the Land Code of the Russian Federation and Certain Legislative Acts of the Russian Federation”. (This legal update is available only in Russian)

Igor Chumachenko, Partner, Head of Real Estate, Land & Construction practice
21
March

SAC RF explained dispute settlement procedure involving the recognition of contracts as not concluded

Reference to the non-conclusion of a contract is often used by trade participants during the resolution of disputes relating to the non-fulfilment or improper fulfilment of obligations. Recognition of a contract as being non-concluded allows one to change the qualification to non-contractual obligations (as a rule, the obligation stemming from unjust enrichment), to escape from the liability provided by the contract, etc. The Presidium of SAC RF in the Information letter dated 25.02.2014 clarified some issues in the recognition of contracts as non-concluded. (This legal update is available only in Russian)

Igor Chumachenko, Partner, Head of Real Estate, Land & Construction practice
4
March

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

(This legal update is available only in Russian)

5
November

Concession: DE JURE and DE FACTO

Review of legal practice involving concession agreements. (This legal update is available only in Russian)

Albert Eganyan, Partner, Chairman of the Board of Partners
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