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15
August
2012

Resolution of SAC RF No. 42 dated 12.07.2012 “On some issues on the settlement of disputes relating to surety”

In judicial practice, the resolution of disputes related to surety became less controversial. Plenum of SAC RF issued a ruling in which were resolved many contradictions in jurisprudence involving disputes relating to surety contracts. (This legal update is available only in Russian)
20
June
2012

Transactions with state property: victims may be legitimate users

Disputes about competence between the organs of state power – are not uncommon in judicial practice. Often, however, the injured party in these disputes is a conscientious individual, which once again demonstrates the need for that extra caution when making deals with the state. One example of this is the case before the Presidium of SAC RF. (This legal update is available only in Russian)
Igor Chumachenko, Partner, Head of Real Estate, Land & Construction practice
11
May
2012

Resolution of the Presidium of SAC RF to establish a private easement.

The first Presidium gave answers to all questions. (This legal update is available only in Russian)
3
April
2012

The legal position of the Supreme Arbitration Court in the sphere of antitrust regulation

The dynamics of development and perfection of Russian antimonopoly legislation often entails difficulties, associated with its use. In this regard, important and necessary is an active dialogue between courts, the antitrust regulator, and direct market participants. (This legal update is available only in Russian)
Alexander Sitnikov, Managing partner
26
March
2012

Resolution of the Plenum of SAC RF on bank guarantees gives the beneficiary a new defence

On 23 March 2012, at the session of the Plenum of SAC RF, adopted was the Resolution of the Plenum of SAC RF “On Certain Issues of Dispute Resolution related to the contestation of bank guarantees”. Resolution of the Plenum of SAC RF will be published soon. (This legal update is available only in Russian)
25
January
2012

Position of the Presidium of SAC RF on the resolution of corporate disputes

(This legal update is available only in Russian)
Сollective of authors, VEGAS LEX
23
September
2011

Will investment projects be implemented under the budget deficit?

Budget cuts restrain the growth of the amount of investment projects. However, private businesses are in need of development, which is influenced by external market factors. Should private companies wait for the state support in the form of direct funding, or do they need to start looking for other ways to address infrastructure constraints? We will focus on these questions in the review.
21
June
2011

Novel amendments to legislation: regulation of retail prices for socially important industrial goods

On 09 June 2011, the State Duma introduced a bill “On Amendments to Article 8 of the Federal Law – On the basis of state regulation of commercial activities in the Russian Federation”. The draft bill gives the Government of RF the authority to set additional maximum allowable retail prices for socially important industrial goods, if during 30 consecutive calendar days, retail prices grow by ten percent or more. (This legal update is available only in Russian)
Сollective of authors, VEGAS LEX
1
June
2011

Changing the order and the method of enforcement of the judgment if recovery is impossible

On 05 April 2011, the Presidium of SAC RF issued Decree No. 17268/08 on a case in which the Presidium considered it possible to change the manner and method of execution of the judgment, if recovery of property is impossible. (This legal update is available only in Russian)
Сollective of authors, VEGAS LEX
27
April
2011

SAC RF on the application of the Arbitration Procedure Code in the court of appeal

On 13 April 2011 on the official website of SAC RF, published was the Decree of the Plenum of SAC RF No. 30 dated 24.03.2011, concerning amendments made to the Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation dated 28 May 2009 No. 36 “On the application of the Arbitration Procedure Code of the Russian Federation when considering cases in the arbitration court of appeal”. (This legal update is available only in Russian)
Сollective of authors, VEGAS LEX
13
July
2012

The Presidium of the Supreme Arbitration Court of the Russian Federation on the pledge of leased property

The lessor may transfer the leased asset as collateral. On 22 March 2012, published was a Decree of the Presidium of SAC RF, expressing the position of the Court concerning the transfer by the lessor of the property pledged to the bank, without the consent of the lessee. (This legal update is available only in Russian)
18
May
2012

Q & A: The violation of antimonopoly legislation by credit institutions and insurance companies

Responses and recommendations are based on jurisprudence practice in the years 2010 – beginning of 2012. In connection with the amendments to the Law on Protection of Competition, we can expect a change in the practice of antitrust authorities and courts. (This legal update is available only in Russian)
Alexander Sitnikov, Managing partner
17
April
2012

The new practice of SAC RF on recovery of shares

The burden of proving the amount of shares subject to recovery has now been placed on the defendants – unscrupulous purchasers of shares. (This legal update is available only in Russian)
28
March
2012

Light rail transport (LRT): new sphere of application for PPP

Light rail transport (light rail) has become an essential attribute of the urban environment worldwide. In Russia, in the past few years, interest in this form of transport has also increased. In some regions, the authorities see in light rail transport the key to the improvement of urban transport (combating congestion, strengthening links between municipalities, fast movement of passengers on busy routes, etc.) and improvement of the urban environment. (This legal update is available only in Russian)
21
February
2012

Application of the Law on personal data in Russia

With the increase in checks carried out by the Federal Service for Supervision of Communications, Information Technology and Mass Communications (Roskomnadzor) for compliance with the law on personal data, and in connection with the planned significant increase in the administrative responsibility for violations of legislation on personal data, we wish to draw attention to the following fundamental aspects of the Federal Law No. 152-FZ dated 27.07.2006 “On Personal Data”. (This legal update is available only in Russian)
Alexandra Vasyukhnova, Partner, Head of Technology and Investment group
16
January
2012

RSPP and VEGAS LEX announce the launch of the all-Russia study “Practice of counteracting corporate fraud”

VEGAS LEX, under the auspices of RSPP, is conducting a study to identify issues to counteract corporate fraud. (This legal update is available only in Russian)
Сollective of authors, VEGAS LEX
12
September
2011

Pharmaceutical Industry: Entering the distribution network. The position of the FAS Russia.

Summer 2011 witnessed the end of 2 major proceedings of the Federal Antimonopoly Service of Russia against OOO Novo Nordisc and Johnson & Johnson LLC. The appeal of the said judgments confirmed the legality of antimonopoly agency decisions, which constitutes a precedent for the companies developing their distribution network in Russia. In fact, in order to eliminate further risk of liability for violation of antitrust law in Russia it is necessary to work out, accept as standard and publicize the requirements for the companies wishing to become a distributor in Russia.
Alexander Sitnikov, Managing partner
9
June
2011

Disputes about property in arbitration courts: the Constitutional Court established new rules of the game

On 26 May 2011, the Constitutional Court declared the resolution of the case on the constitutionality of the legal provisions relating to the competence of the arbitration courts in relation to property disputes. (This legal update is available only in Russian)
16
May
2011

Trade Law: Legislative novel amendments and development of enforcement practices

During the period from August 2010 to April 2011 as a result of the antitrust authorities examining 247 cases, in which the facts of infringement were established, imposed turnover-based and other fines in accordance with the Administrative Offences Code totalling 65.5 million roubles. (This legal update is available only in Russian)
Сollective of authors, VEGAS LEX
26
April
2011

Promotion of pharmaceutical products shall be limited

On 21 April 2011, the State Duma received for review from the Ministry of Health and Social Development draft law No. 534829-5 “On the basis of health protection of citizens in the Russian Federation”, which among other things, sets limits on individual ways for the promotion of drugs and medical devices by pharmaceutical companies. (This legal update is available only in Russian)
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