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21
August

Anonymizers and VPN services are banned. How should the new rules be applied for business-related purposes?

On July 30th, 2017, the Russian President signed Federal Law No. 276-FZ dated July 29th, 2017 "On Introducing Amendments Into the Federal Law on Information, Information Technologies and Information Protection". The Amendments, among other things, prohibit using technologies, information systems, and programs that permit getting around blocked sites with banned content to which access is restricted inside Russian borders. The legislative innovation will only apply to those anonymizers, VPN services, and other programs that provide access to online resources and information and telecommunication networks to which access has been blocked by the Federal Service for Oversight in Communications, Information Technologies, and Mass Communications.

Natalia Abtseshko, Head of International projects group
9
August

VEGAS Academy: regulatory updates for the Russian pharmaceutical sector, July 2017

Within the framework of VEGAS Academy platform, we continue our monthly series of video updates on the key regulatory developments in the Russian pharmaceutical sector (in English language).

Сollective of authors, VEGAS LEX
10
July

New developments in european legislation on personal data: risks and recommendations for russian businesses

In the spring of 2016, widescale work ended that was performed on reforming legislation that addressed personal data in the framework of the European Union. The result was the adoption of EU Regulation No. 2016/679 entitled “On the protection of natural persons with regard to the processing of personal data and on the free movement of such data”, which enters into force in May 2018. The key objective of this reform was the need to unify the regulations concerning personal data in the EU and allow for a single approach to be adopted by all EU countries, ensuring unhindered and efficient interaction between EU operators.

Alexandra Vasyukhnova, Partner, Head of Technology and Investment group
27
June

"Departmental appeals" against the Russian Antimonopoly Serivce: describing the process, the procedures, and current outcomes

Starting January 5, 2016, the so-called “fourth antimonopoly package” of laws came into effect that substantially complemented existing legislation concerning the protection of competition. One of the more distinguished innovations is granting people the opportunity to contest rulings delivered by Russian Federation Federal Antimonopoly Service (hereinafter the FAS Russia) regional departments through extrajudicial proceedings. In this analytical review, a description is given of the mechanism that has been introduced and the appeal hearing procedure, and the current outcomes are reviewed for work performed on “departmental appeals” against the FAS Russia during the period they have existed.

Alexandra Vasyukhnova, Partner, Head of Technology and Investment group
Ksenia Podguzova, Senior Associate of Commercial group
30
May

Executing government contracts for the supply of electric power – the Russian Federation Supreme Court explained what legal alternative to use for fines

Regular failure to pay for electric power that has been delivered is a truly critical issue for the development of the electric power market. Consumers that refuse fulfill their obligations to pay on time for this energy resource are purchasing it on credit at the expense of the energy provider.

Evgeniy Rodin, Partner, Head of Energy practice
Alexander Kiselev, Senior associate of Energy practice
24
April

Differentiation of liability for anti-competitive agreements

Federal Law No. 135-FZ dated July 26th, 2006 and entitled “On protecting competition” established several types of anti-competitive agreements that are prohibited (cartels, vertical agreements, and other agreements). These varieties differ significantly from each other in terms of the degree of their negative impact on competition and the threat they present for the public. However, until just now the measures for administrative enforcement that could be taken with people who signed any one of these anti-competitive agreements did not differ from each other in any way.

Alexander Sitnikov, Managing partner
Alexandra Vasyukhnova, Partner, Head of Technology and Investment group
3
February

The Russian Supreme Court affirmed the possibility of paying back a debt in installment payments

In accordance with article 37 of the Federal Law No. 299-FZ, dated October 2nd, 2007 and entitled “On enforcement proceedings”, an execution creditor, debtor, or bailiff/court officer is entitled to request that the court, other authority, or government official that issues a writ of execution grant a delay or rescheduling for the enforcement of the court order or for the ruling made by another authority or government official, and also to request changes in enforcement procedures and methods.

Evgeniy Rodin, Partner, Head of Energy practice
Alexander Kiselev, Senior associate of Energy practice
22
November

LinkedIn is blocked in Russia for violation of the data protection requirements

Russian courts ruled to block access to LinkedIn in Russia due to non-compliance with the requirements for  personal data localization and data protection. The courts declined LinkedIn's arguments that it had no legal presence in Russia and was not properly informed about the claim. This is the first case when a foreign web-service was blocked for non-compliance with the personal data localization / data protection requirements.

Alexandra Vasyukhnova, Partner, Head of Technology and Investment group
Dmitry Borodin, Senior associate of Technologies and Investments Group
17
November

IP Court interpreted IPR protection provisions stipulated in the Federal Law "On Circulation of Medicines"

Intellectual Property Rights Court in its judgment dated 20.09.2016 on case No. A40-158999/2015 ruled on the issue of what constitutes grounds for the cancellation of state registration of a drug, which was in violation of the rights of the patent holder.

Alexandra Vasyukhnova, Partner, Head of Technology and Investment group
Dmitry Borodin, Senior associate of Technologies and Investments Group
13
October

The alcoholic products market: actual problems, regulation, litigation

The alcohol market occupies a leading position among the other branches of the food sector in Russia, bringing considerable income into the state budget. During the years 2012-2014, as a result of a sharp increase in excise rates on alcoholic beverages, and the general deterioration of the economic situation, retail sales of alcohol in Russia decreased by almost one quarter, due to outflow of consumers to the illegal sector. In this regard, the Federal Service for the Regulation of the Alcohol Market in Russia has taken a number of measures, which in 2015, were able to halt the decline in retail sales of alcoholic beverages

Natalia Abtseshko, Head of International projects group
20
August

Settlement payments between district network operators - choosing a rate option

Legislation governing the regulation of rates in the electric power industry proceeds from the presumption that settlement payments for electricity transmission services should be made under conditions that are commercially justified, and should not lead to market participants taking in insufficient gross revenues. Despite the fact that the behavior patterns of the parties involved is subject to excessive regulation, in practice controversial legal situations arise that can require interpretation by the higher courts. In case No. А73-947/2016, the Russian Federation Supreme Court gave explanations on certain rules that affect the ability of district network operators to choose the charges that determine the retail rates for the payment of services related to electricity transmission. Let's examine in more detail the circumstances surrounding the arbitration case, the positions taken by the parties involved, and the findings made by the Russian Federation Supreme Court during the cassation review procedure.

Evgeniy Rodin, Partner, Head of Energy practice
Alexander Kiselev, Senior associate of Energy practice
11
July

VEGAS Academy: regulatory updates for the Russian pharmaceutical sector, June 2017

In terms of development of VEGAS Academy inner platform we introduce a new instrument created for supporting internal information space of our growing Life sciences practice. That is monthly series of video with comments on news and current legal framework of pharmaceutical industry in Russia (in English language).

Сollective of authors, VEGAS LEX
5
July

Personal data: to what extent have fines increased in 2017?

Starting July 1st, 2017 amendments introduced into Article 13.11 in the Russian Federation Code of Administrative Offenses entered into force, introducing significant changes in the provisions that establish the scope of liability entailed for violating legislation in the area of personal data.

Alexandra Vasyukhnova, Partner, Head of Technology and Investment group
22
June

Using municipal district heating networks to supply heat – is unjust enrichment occurring?

Currently, taking into account the normalization of the heat supply market, the relations governing the supply of heat to end users are, on the whole, fairly regulated and understandable for all participants in the market. One important feature of the market’s statutory regulation is the prevalence of peremptory legal norms, including during the process of defining parties’ financial obligations.

Evgeniy Rodin, Partner, Head of Energy practice
Alexander Kiselev, Senior associate of Energy practice
19
May

Big Data: the goals of antimonopoly regulation, or what we want to protect versus what we can

Big Data is now an important economic asset that can be used by organizations to gain a competitive advantage. Because of this, antimonopoly authorities are increasingly interested in regulating the market for Big Data.

Alexandra Vasyukhnova, Partner, Head of Technology and Investment group
9
March

The Russian Federation Supreme Court’s new stance on price controls and thin capitalization

On February 16th, 2017 the Russian Federation Supreme Court Presidium approved the review of practices when hearing cases involving the application of individual provisions in section V.1. and article 269 in the Russian Federation Tax Code (RF TC).

Yuriy Ivanov, Head of Tax practice
23
December

What can be considered as the real time limit for an appeal of a court decision?

In practice, cases often arise where the arbitration court of the first instance indicates an incorrect term for appeal against a ruling, which leads to a refusal of an applicant’s appeal, due to missing of the deadline to appeal.

Evgeniy Rodin, Partner, Head of Energy practice
Alexander Kiselev, Senior associate of Energy practice
18
November

The powers of the court of cassation: assessment of the law, lack of evidence

Can a court of cassation facilitate the implementation of procedural law (for example, the right to present evidence, objections to the opponent’s arguments, etc.) by means of sending a case for a new trial in the lower court? An answer to this question was obtained after reviewing the decision of the Supreme Court of the Russian Federation on case No. A76-2453/2015.

Evgeniy Rodin, Partner, Head of Energy practice
Alexander Kiselev, Senior associate of Energy practice
17
November

Eligibility Criteria: new rules for network organizations

On 14.10.2016, the Government Decree No. 989, dated 30.09.2016, “On amendments to some acts of the Russian Federation on the functioning of territorial grid companies” came into force, amending market regulation rules for the provision of electric power transmission services by territorial network organizations

Evgeniy Rodin, Partner, Head of Energy practice
Yuriy Tatarinov, Counsel, Energy Practice
12
October

Trade Act: new rules

In July of this year, substantial changes were made to the Federal Law dated 28.12.2009 No. 381-FZ “On the Basis of State Regulation of Commercial Activities in the Russian Federation”. The most controversial and debated turned out to be a new provision, which provides for the limitation of the total amount of remuneration payable to suppliers of food products to retail chains for the acquisition of a certain number of goods, and the payment for additional services.

Alexandra Vasyukhnova, Partner, Head of Technology and Investment group
Ksenia Podguzova, Senior Associate of Commercial group
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