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3
February
2017

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 "Resources. Industry. Restructuring"
22
November
2016

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
Dmitriy Borodin, Project manager of corporate direction
17
November
2016

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 "Resources. Industry. Restructuring"
Yuriy Tatarinov, Head of Energy practice
13
October
2016

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
23
September
2016

Usage of court injunctions in IP disputes. What may be done by market players?

The mechanism of court injunctions may effectively protect the exclusive rights of market players. The APC provides enough instruments to protect the business. Therefore, it is not necessary to change the existing laws and regulations. However, the usage of court injunctions in IP-related pharmaceutical disputes is not that simple. The court’s opinion in such cases is influenced by the complexity of pharmaceutical patents and the social factor. Thus, it is crucial to form a positive judicial practice to protect the IPR of pharmaceutical manufacturers (specifically in cases related to IP protection during state procurement of medicines). Below, we provide the roadmap on current practical gaps in this sphere, and possible ways to move things forward.
Alexandra Vasyukhnova, Partner, Head of Technology and Investment group
6
September
2016

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
5
August
2016

Purchases under new preference rules in exchange for investments

On 1 September 2016, shall come into force changes to the Federal Law “On the contract system in the procurement of goods, works and services for state and municipal needs”, made by the Federal Law dated 3 July 2016 No. 365-FZ.
Alexandra Vasyukhnova, Partner, Head of Technology and Investment group
21
July
2016

Tightening of administrative responsibility for violation of legislation on the contract system

Before its spring session ended, the State Duma of the Russian Federation adopted Federal Law dated 3 July 2016 No. 318-FZ “On Amendments to the RF Administrative Offences Code”. This law increased the number of actions that can be considered as administrative offenses, involving the violation of procurement procedures, as established by the legislation on the contract system, as well as the tightening of administrative responsibility for specific violations.
Alexander Sitnikov, Managing partner
24
June
2016

Exclusive rights of copyright owner during a tender: law enforcement practice

In this review, we consider when requirements for owning exclusive rights may be made for a tender participant, and what opportunities are there for the protection of the copyright owner’s exclusive rights, when these are violated as a result of a tender.
Alexandra Vasyukhnova, Partner, Head of Technology and Investment group
21
June
2016

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
23
December
2016

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 "Resources. Industry. Restructuring"
18
November
2016

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 "Resources. Industry. Restructuring"
17
November
2016

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
Dmitriy Borodin, Project manager of corporate direction
12
October
2016

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
22
September
2016

Preferences for Russian goods during procurement, according to law No. 223-FZ

On 16 September 2016, the Russian Government adopted Decree No. 925 "On the priority of goods of Russian origin, works and services carried out or rendered by Russian entities in relation to goods originating from a foreign country, works and services carried out or rendered by foreign entities". This decree states the priority be given to Russian goods / Russian entities during procurement, carried out under the Federal Law of 18 July 2011 No. 223-FZ "On procurement of goods, works and services from certain kinds of legal entities". The decree shall enter into force on 1 January 2017.
Alexander Sitnikov, Managing partner
8
August
2016

Long-term procurement arrangements in the pharmaceutical sector: new options or additional risks?

From 1 September 2016, investors under special investment contracts (SPICs), as well as regional investors, may benefit from additional preferences during the procurement of various types of product for state and municipal needs. Whether these preferences will create long-term procurement options in the pharmaceutical sector is one of the key questions for pharmaceutical companies planning to invest in localisation in Russia.
Alexander Sitnikov, Managing partner
21
July
2016

Moving unitary enterprises to the contract system

In the final days of the spring session of the State Duma of the Russian Federation, an important law was passed aimed at strengthening control over procurement by state and municipal unitary enterprises. In this research report, we examine the key provisions of that legislation and its legal consequences for unitary enterprises.
Alexander Sitnikov, Managing partner
24
June
2016

Overturning the enforcement of a judgment: is it possible to collect interest?

According to Part 1 of Article 325 of the Arbitration Procedure Code, if the enforcement of an act is repealed, in whole or in part, and a new judicial act adopted, on a full or partial denial of the claim, or the claim is left without consideration, or the proceedings were terminated, the defendant is returned all that was recovered from him in favour of the plaintiff on the repealed, or modified in the relevant part, judicial act. In the application of the rule of law, courts have said there were issues related to the accrual of interest for the use of funds in the case when these funds were transferred to the claimant, after the entry into force of the judicial act, but later the judicial act was abolished through a cassation appeal. Answers to these questions were given by the court when resolving a particular dispute.
Alexander Sitnikov, Managing partner
Evgeniy Rodin, Partner, Head of "Resources. Industry. Restructuring"
21
June
2016

Public procurement: protecting the exclusive rights of copyright holders

We present, for your information, a collection of articles on issues in the field of exclusive rights protection for copyright holders in the course of public procurement.
Alexandra Vasyukhnova, Partner, Head of Technology and Investment group
10
June
2016

FAQ on structuring concession projects

Last year, the Federal Law “On Concession Agreements” turned 10 years old. Despite such a significant amount of time, and the volume of implemented projects, questions on structuring concession projects have not diminished. Conversely, with the national economy’s growing needs for infrastructure projects using private investments, and expanding the sphere of application of the concession model, the complexity of concession projects has increased. The more knowledge and experience participants have concerning concession projects, the better they will be able to improve them. This practical experience with concession law creates subsequent questions, the answers to which are not always found in the legislation.
Irina Nikolaeva, Junior associate, Energy practice
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