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29
June

Banks hold on to zeroing. The cancellation of VAT privileges for software did not please financiers

Bankers are strongly opposed to the government’s proposal to compensate for budget losses from tax maneuvers in the IT industry by canceling VAT benefits for software. According to market participants, it is banks, as large consumers of software, that as a result will provide about half of payments to the budget. But at the same time, their own products are not subject to VAT, so offsetting is not possible. In this situation, financiers are asked to maintain benefits at least for banks, threatening to delay the development of informatization and the rise in price of services. Comments by Yuri Ivanov.

Yuriy Ivanov, Head of Tax practice
Kommersant
25
June

The Justice Ministry is pushing a new Code of Administrative Offenses to the State Duma. The process of administrative prosecution of citizens has not led to international standards

The public discussion of the draft new Code of Administrative Offense (CAO) and the Code of Procedure attached to it has ended. The Ministry of Justice has already published revised recurring versions of these documents. Experts note that civilians are left without administrative prosecution. For example, the participation of lawyers in such cases is not up to international standards. Comments by Stanislav Matyushov.

Stanislav Matushov, Senior Associate of Litigation practice
Nezavisimaya Gazeta
17
June

Code at a discount. The draft Procedural Administrative Code submitted by the Ministry of Justice




	 Entities providing free payment of all types of penalties, electronic appeal of administrative decisions and the provision of non-pecuniary damage compensation for the abolition of illegal fines Interviewed Kommersant with a document to finalize. Comments by Stanislav Matyushov. 



											
																													
 Stanislav Matushov, Senior Associate of Litigation practice

														
					        
 Kommersant 


											


												
									

																																			

										16
June		
										
											
												
The Supreme Court has explained whether it will have to pay for the failure to fulfill the preliminary contract

												

	 The founder signed a preliminary agreement with the company on the sale of a share in the LLC for 170 million rubles. A potential buyer undertook to pay immediately 17 million rubles. But later he changed his mind about making a deal and did not list anything. The seller went to court to recover money from the company. The first instance decided to pay 17 million rubles, and the appeal and cassation denied the claims. Sun told who is right. Commented by Igor Chumachenko.






 


 

 

 

 

 

 

 

 

 

 

 

 

 

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

														
					        
 Pravo.ru 


											


												
									

																																			

										8
June		
										
											
												
Check: theory and practice of agreements via the Internet

												

	 You can easily order a product, work or service through the Internet. Both companies and consumers can do this. It is enough to choose a product, indicate your data and confirm acceptance of the terms. But what is the nature of such agreements and what will happen if someone does not fulfill his obligations? Judicial practice demonstrates different approaches, and experts tell you what you need to know about click-wrap-contracts in order to minimize legal risks. Comments by Dmitry Borodin.


											
																													
 Dmitry Borodin, Senior associate of Technologies and Investments Group

														
					        
 Pravo.ru 


											


												
									

																																			

										5
June		
										
											
												
A pledge of rights under a contract does not automatically apply to rights from a subcontract agreement

												

	 The Supreme Court emphasized that the conclusion of a subcontract within the framework of a contract agreement, the rights of which are laid, does not entail the inclusion of rights from the subcontract in the subject of collateral obligations. Comments by Stanislav Shibulkin.


											
																													
 Stanislav Shibulkin, Associate of Bankruptcy projects

														
					        
 Advocate newspaper 


											


												
									

																																			

										27
May		
										
											
												
 Leave can not be terminated

												

	 On May 22, the State Duma of the Russian Federation adopted in third reading the so-called “coronavirus law” on leasing - it is about the possibility of tenants of real estate to terminate the agreements ahead of schedule. We asked the best Russian lawyers about how the bill will affect the real estate market and what “post-pandemic” lease agreements will become. Commented by Igor Chumachenko.


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

														
					        
 Commercial Real Estate 


											


												
									

																																			

										8
August		
										
											
												
Regulated purchases in the oil and gas industry: key changes and new opportunities

												
In the first issue of the Digest NEFTEGAZ (joint project of National Oil and Gas Forum and Oil and Gaz excibition, supported by Expocenter), read an article authered by Yulia Polyakova, lawyer of the Commercial Group VEGAS LEX, on the topic of procurement regulation in the Oil and Gas industry of Russia.

 

 In her article, Julia analyzed the latest amendments to Federal Law No. 223-FZ of 18 July 2011 "On Procurement of goods, works, services by Individual Types of Legal Entities", which underwent significant changes affecting the purchase procedure in the Oil and Gas industry after 1 July 2018.

											
																											
					        
 Digest NEFTEGAS 


											


												
									

																																			

										20
April		
										
											
												
Recommendations for conclusion of shareholders’ agreements with regard to banks

												
In our practice, over the last 3 to 5 years, the shareholders and participants of the Russian companies have been increasingly concluding the shareholders’ agreements (corporate agreements) under the Russian law. This trend also concerns the banks. For example, according to the publicly available sources, the shareholders’ agreements have been concluded in respect of PJSC “Post Bank”, OJSC “TransCreditBank” and PJSC “MTS Bank”.

											
																													
 Alexander Garmaev, Head of projects, Corporate and M&A practice 

														
					        
 Legal work in a credit organization 


											


												
									

																																			

										17
April		
										
											
												
Counterparty’s representations appeared to be misleading. How to prove damages?

												
In case of misrepresentation by a counterparty, damages may be recovered from it. However, not in every instance, the court treats any given information as a representation and, moreover, its unreliability will have to be consistently proven. To learn when you have a chance to receive compensation for damages, please read this article.

											
																													
 Stanislav Matushov, Senior Associate of Litigation practice

														
					        
 Arbitration practice 


											


												
									

																									
								

							


							

						


						

							


							

								
																																	

										26
June		
										

											
												
 The Supreme Court recalled how to prioritize the claims of creditors correctly

												

	 The design bureau did not pay dividends to its shareholder. For this reason, the companies agreed that the debtor will repay the debt in several installments. No sooner had the bureau returned the money, it became bankrupt. The bankruptcy trustee decided to go to court to establish the nature of the dividend debt. He believed that these requirements could not be included in the registry. And three courts attributed these payments to current ones. The Supreme Court did not agree with this position and set aside the decisions of lower courts. Comments on Stanislav Shibulkin.


											
																																		
 Stanislav Shibulkin, Associate of Bankruptcy projects

																			        
 Pravo.ru 



											
																																											
									

																																	

										23
June		
										

											
												
 Fake banks mastered Facebook. Fraudsters took advantage of the “current situation”

												

	 Facebook has discovered a new fraud scheme promising easy money. All I have in mind is money for clients "in connection with the current situation." In fact, Facebook claims that users should contact them with similar ads. Comments by Kirill Nikitin.


											
																																		
 Kirill Nikitin, Head of Volga Directorate

																			        
 Kommersant 



											
																																											
									

																																	

										16
June		
										

											
												
Antitrust Compliance Amendments

												


 The article discusses new provisions on antitrust compliance that have occurred as a result of amendments to the Federal Law of 26.07.2006 No. 135-ФЗ “On Protection of Competition” (hereinafter - the Law on Protection of Competition), as well as assesses the non-binding nature of antitrust compliance and presents conclusions regarding the practical benefits of introducing antitrust compliance. Ksenia Podguzova and Nikita Korshunov tell.

											
																																		
 Ksenia Podguzova, Senior Associate of Commercial group

																																					
 , 

																			        
 Joint Stock Company 



											
																																											
									

																																	

										10
June		
										

											
												
 Laysa unhooked from bankruptcy  Russian Railways advertiser came under moratorium as part of a group

												

	 The Federal Tax Service (FTS) failed to bankrupt the Laysa advertising contractor of Russian Railways. She was helped by the inclusion of the Russ Outdoor group, to which she is a member, in the list of backbones, which gave her the right to use the moratorium on bankruptcy. This is the first known such case in the advertising market, the outer segment of which in the months of self-isolation could lose 70–90% of revenue. Comments by Valery Tikhonova.


											
																																		
 Valeria Tikhonova, Associate of Bankruptcy projects

																			        
 Kommersant 



											
																																											
									

																																	

										5
June		
										

											
												
The futures price will be calculated by the court. Investors demand compensation from the Moscow Exchange

												

	 Private investors filed the first class action against the Moscow Exchange to recover losses from the execution of an oil futures contract in April this year at a negative price. The amount of claims is only 70 million rubles, but others are also expected, the total amount of claims may exceed 1 billion rubles. Lawyers believe that private investors have chances to win, but they will have to prove the connection between the actions of the exchange and losses. Commented by Victor Petrov.


											
																																		
 Victor Petrov, Head of Litigation practice

																			        
 Kommersant 



											
																																											
									

																																	

										3
June		
										

											
												
Khabarovsk suffered loss of subsidies. Compensation for expensive gas did not reach power plants

												

	 As Kommersant found out, the Khabarovsk Territory requested financial assistance from the state budget to compensate for the losses of the RusHydro Far Eastern power plants that arose due to rising gas prices. Losses of the company exceed 3 billion rubles. and, according to experts, they will continue to grow due to a policy of containing energy in the Far East. The state budget has already sent subsidies to the region, they say in the Ministry of Finance, but for some reason the money did not reach the company. RusHydro is trying to recover part of the amount through the court, but so far without success. Comments by Eugene Rodin.


 

											
																																		
 Evgeniy Rodin, Partner, Head of Energy practice

																			        
 Kommersant 



											
																																											
									

																																	

										11
January		
										

											
												
Recognition and enforcement of foreign arbitral awards in Russia: overview and prospects

												
The rapid development of international trade in the 21st century calls for the unification of legislation and enforcement practices in the spheres associated with international commercial arbitration, especially so in the area of recognition and enforcement of foreign arbitral awards.

											
																																		
 Natalia Abtseshko, Head of International projects group

																																					
 Svetlana Vasilyeva, Junior associate of Litigation practice

																			        
 AEB Business Quarterly 



											
																																											
									

																																	

										17
May		
										

											
												
Restriction of shareholders’ voting rights: common scenario and consequences of restriction

												
In accordance with provisions of article 65.2 of the Civil Code of the Russian Federation, the participants of a corporation, including shareholders, shall have the basic right to participate in administration of the corporation’s affairs. In particular, this right shall be exercised through participation in a shareholders’ general meeting with the right to vote on all matters within its competence pursuant to clause 2 of article 31 of the Federal Law “On Joint-Stock Companies”, No.208-FZ, dated 26 December 1995. However, there are instances where the shareholder’s right to vote on the matters relating to management in a joint-stock company may be restricted by internal documents, shareholders’ agreement or by virtue of law and (or) court judgment. Depending on the reason for the said restriction, various legal consequences arise. The said restrictions and their consequences are considered further in greater detail.

											
																													        
 ezh-Yurist 



											
																																											
									

																																	

										20
April		
										

											
												
The practice of challenging of transactions in case of the bankruptcy of credit institutions

												
According to the statistics posted by the Bank of Russia on its website, as of 1 January 2017, 288 credit institutions (87.54% of the total number of liquidated credit
institutions) have been declared bankrupt by arbitration courts, bankruptcy proceedings have been initiated in relation to them and bankruptcy receivers have been appointed. However, the statistics of satisfying the creditors’ claims is low – since credit institutions do not have sufficient funds for a long period of time, the claims are satisfied at the average of 15.8% of the amounts of ascertained claims.

											
																																		
 Victor Petrov, Head of Litigation practice

																																        
 Legal work in a credit organization 



											
																																											
									

																																	

										13
April		
										

											
												
Securing of loan obligations to the bank: analysis of the most commonly used schemes

												
When entering into a loan agreement between credit institution and borrower (in this article, the primary focus will be on the legal entities acting as borrowers), the majority of financial risks lies specifically with the creditor that provides monetary resources to the borrower. 
For this reason, the means of securing the obligations become particularly important for the entity that has provided a loan. As a rule, the particular type of security is suggested by the credit institution itself, based on the amount of the provided loan, status of the borrower (its financial standing, corporate structure and assets) and other concurrent factors.

											
																																		
 Victor Petrov, Head of Litigation practice

																			        
 Business and Life 



											
																																											
									

																
							


							

						




									


										


	

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