Analytics Legal analytics Dispute resolution

12
January
2015

Law on public procurement is adapted to changing market conditions

The terms and conditions of contracts, the performance of which should be completed in 2015, may be revised by mutual agreement (Federal Law dated 31.12.2014 No. 498-FZ). (This legal update is available only in Russian)

Alexander Sitnikov, Managing partner
23
September
2014

Insurance and reinsurance in the Russian Federation: overview

Market trends and regulatory framework, regulation of insurance and reinsurance contracts and other trends and news in insurance/reinsurance in Russia

7
August
2014

Court practice of approving amicable settlement agreements with antitrust authorities

On 18 July 2014, was adopted Resolution No. 50 by the Plenum of the Supreme Arbitration Court of the Russian Federation “On the reconciliation of parties in the arbitration process” (Decree on the reconciliation of parties). In the said Resolution, SAC RF clarified that, inter alia, economic disputes, such as those arising from administrative and other public relations (including anti-trust), may be settled by amicable agreements. (This legal update is available only in Russian)

Alexander Sitnikov, Managing partner
4
July
2014

Presidium of SAC RF on major transactions and related party transactions

On 28 May 2014, the Supreme Arbitration Court of the Russian Federation issued Resolution of the Plenum No. 28 dated 16.05.2014, in which SAC RF clarified a number of issues related to the contestation of major transactions and related party transactions. (This legal update is available only in Russian)

6
May
2014

Interchangeability: regulation by manual drive

The issue of interchangeability of drugs has been discussed for a long time already. The positions of regulators and enterprises working in this sector can vary widely and are evolving, but in practice, government customers and physicians regularly face this question. (This legal update is available only in Russian)

21
March
2014

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
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
19
February
2014

Collection of inter-tariff differences

On 06.12.2013, in order to ensure the principle of uniformity of judicial practice in the arbitration courts, the RF Supreme Arbitration Court in Plenum Resolution No. 87 dated 06.12.2013 “On some issues of dispute resolution relating to recovery of losses of resource-supplying organizations caused by a difference in inter-tariffs” provided explanations regarding the consideration of disputes, between resource-supplying organizations, caused by the tariffs set by the regulator in the amount lower than is economically justified. (This legal update is available only in Russian)

Alexander Sitnikov, Managing partner
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
25
September
2013

New explanations by the Plenum of SAC RF on the application of the first part of the Tax Code

On 27 August 2013, they published the long-awaited the Decision No. 57 by the Plenum of SAC RF dated 30.07.2013 “On some issues arising from the use by the arbitration courts of the first part of the Tax Code of the Russian Federation”, which can be called historic. This decision considers 82 of the most pressing issues related to the performance by the taxpayers and tax agents of their obligations to pay taxes, the holding of tax audits, appeals against their results, as well as other interactions of taxpayers and tax agents with the tax authorities. (This legal update is available only in Russian)

Yuriy Ivanov, Head of Tax practice
7
October
2014

Corporate fraud: mechanisms for recovering assets taken out of the country

Russia has stepped up development of mechanisms aiming at the return from abroad of capital lost as a result of economic crimes. The need for doing this was announced by the chairman of the Investigative Committee of Russia at the end of September 2014. A month earlier, the Russian General Prosecutor proposed to foreign colleagues the conclusion of agreements on the return of confiscated property. On this wave, on 23 September 2014, the State Duma passed during first reading the anti-corruption legislation proposed by the President of Russia. The amendments give the general prosecutor’s office the right to claim, in arbitration courts, the return of illegally acquired state and municipal property. However, the protection of private assets, taken abroad as a result of criminal acts, for now remains without proper regulation. (This legal update is available only in Russian)

Ilya Shengeliya, Compliance Counsel
22
August
2014

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
2014

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
2
July
2014

Court sought lost profits from a foreign company, caused by the violation of antimonopoly legislation

On 24 June 2014, Arbitration Court of Moscow decided to recover from a foreign manufacturer of medicines damages in the amount of 408.375 million roubles in favour of their Russian counterpart (Case No. A40-14800/14). (This legal update is available only in Russian)

Alexander Sitnikov, Managing partner
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)

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
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
5
November
2013

Concession: DE JURE and DE FACTO

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

20
August
2013

LEGAL TWEET. Issue No. 6. Recognition of a concession tender as invalid: bases and implications

(This legal update is available only in Russian)

Irina Nikolaeva, Junior associate, Energy practice
Pages: Prev. 1 2 3 4 Next

Apply to participate

Agreement

Apply to participate

Оценка:

Agreement