Analytics Publications Infrastructure and real estate

15
March

Improper use of land: conditions of incurrence of liability and consequences

Being governed by article 7 of the Land Code of the Russian Federation, the courts recognize the improper use of land where the land plot is used out of accordance with its category of land.

Ekaterina Ivanushkina, Senior associate of Real Estate. Land & Construction practice
Business and Life
26
October

There are several people included in the party that is the real estate owner: what should potential tenants and buyers keep in mind before signing a contract?

If the real estate property is owned by two or more people, concluding any transaction involving it, in any form, means securing consent from every owner. We will gain a more detailed understanding what is worth paying attention to when buying or leasing a real estate property when there happen to be several people that own the property.

Business and Life
19
October

Developing real estate: the essentials of legal regulation, and prospects for the future

The concept of "developer," "real estate development," and "activities by developers" have solidly embedded themselves in the construction business. And now legislators operation on assumptions that involved them. For example, the Moscow state program "Urban planning policy" indicates that to improve the investment climate it is necessary to get rid of conflicts between "the city's interests and commercial proposals put forth by developers and construction companies." At the same time, Russian legislation still does not, technically speaking, regulate activity performed by developers. In this article, we will try to work out a unified concept for the institution of development, and focus on real estate development agreements and the prospects for development regulations in the Russian legal field.

Igor Chumachenko, Partner, Head of Real Estate, Land & Construction practice
ezh-Yurist
11
July

Questions & Answers

Could you please tell me where it is possible to request a copy of non-residential building design specifications (for research institutes, etc.) if the owner has lost them. Can this be done online?

Zdanie.info
14
June

The Russian Federation Supreme Court on easements. In the interests of uniformity

On April 26th, 2017 the Russian Federation Supreme Court Presidium approved the Review of judicial practice in cases involving establishing an easement on a land plot. This document consists of 13 clauses, and contains both clarification concerning positions that have already been taken by the courts and answers to certain questions on establishing easements that previously lacked uniformity in the bounds of judicial practice. In particular, criteria for the jurisdiction of disputes concerning the establishment of easement have been specified, as well as changes in the conditions for easements and terminating them. As the supreme judicial authority explained, when deciding which court should review a dispute – a court of general sessions or an arbitration court - it is necessary to consider both the subject matter involving the parties in the dispute as a criterion to proceed from and the nature of their legal relationship as a whole. As a topic for this issue, read about the positions taken by the Russian Federation Supreme Court that are the most interesting in terms of regulatory enforcement.

ezh-Yurist
4
May

Disputes about pricing and terminating a contract: cases where it is worth suing a contractor

Disputes with contractors occupy an important place in the overall number of arbitration cases involving default. It is always about issues concerning price, quality, time frames, and expected results.

Igor Chumachenko, Partner, Head of Real Estate, Land & Construction practice
Forbes
23
March

The Russian Supreme Court rules on rights to real estate

On 16 February 2017, the Praesidium of Russia's Supreme Court published its first Case Law Review of 2017, which, in particular, sets out the court's position on certain matters relating to rights to real estate.

ezh-Yurist
19
January

The Russian Federation Supreme Court summed up practices for cadastral cases

On November 30th, 2016, the Presidium of the Russian Federation Supreme Court approved of a review for those cases that involve disputing the refusal to perform cadastral registration. The Presidium summed those points of dispute that arise during cadastral registration proceedings for real estate assets. The review takes into account recent changes in legislation in the area of government cadastral registration – in particular the provisions that entered into force starting January 2017 (with the exception of certain individual provisions) under Federal Law No. 218-FZ, dated July 13th, 2015, entitled “On state registration of real estate”, which provides for, among other things, uniting government real estate cadastral information and the United State Register of Rights to Real Estate Property and Real Estate Transactions into a Single State Real Estate Register – as well as other recent changes in relevant statutory regulations. We will consider the key explanations related to the particularities of performing cadastral registration.

ezh-Yurist
4
August

Russian Supreme Court’s case-law on creditor-debtor disputes

The Supreme Court of the Russian Federation has issued another Review of Judicial Practice. One of the sections contains information about disputes arising out of creditor-debtor obligations, and another – a Review by the Judicial Collegium on Economic Disputes.

ezh-Yurist
30
June

Starting the federal state system of construction pricing

Despite the scale of the work already carried out by the Ministry of Construction for the renovation and improvement of technical regulations system in the construction sphere, including the updating of building codes and the development of new sets of rules, the pricing sphere remains one of the most unregulated. Finally, its turn has come.

ezh-Yurist
13
February

2017 Results: Overview of the most important legal events of the outgoing year

To prepare the final 2017 issue, we asked the lawyers what legal events of the outgoing year appeared to be the most significant as well as what they expect from the incoming year. There were many important events, i.e. subsidiary liability of persons controlling a company, legal market reform, proactive efforts of antimonopoly agency, and professionals in each area have their favourite events.

Igor Chumachenko, Partner, Head of Real Estate, Land & Construction practice
Business and Life
23
October

Experts: "How to build a facility without violating environmental legislation"

Protecting the environment and construction are two concepts that are virtually incompatible. When any human activity is introduced into the environment, it harms it. To minimize the damage, regulatory enactments are adopted, and the supervisory authorities enforce compliance. We asked our experts to talk about how to build a facility without violating the requirements set forth by ecologists, how to interact with the authorities enforcing laws for natural resource management, and the shortcomings in Russian environmental legislation.

Legal adviser in construction
7
September

What is wrong with the reforms made in Russian Federation land law to the institution of public easement?

On June 13, 2017, the Russian Federation State Duma reviewed the bill for a Federal Law that would simply the construction, upgrading, overhaul work, and operations for infrastructure facilities. One of the main challenges that this bill sought to address, as can be easily guessed, was decreasing the time frames, and simplifying the procedures, for approving the construction of infrastructure facilities. VEGAS LEX experts take a look at how reforms made in Russian Federation land law to the institution of public easement are progressing

Igor Chumachenko, Partner, Head of Real Estate, Land & Construction practice
Ekaterina Ivanushkina, Senior associate of Real Estate. Land & Construction practice
Stroy.Expert
21
June

Is a rentier an entrepreneur or not?

Having bought real estate in order to receive rental income, or to sell it later on, many people believe that if you pay personal income tax on the rent or sale then, as the famous slogan goes, you can sleep peacefully. However, that is not always true, since in a number of cases your activity can be deemed entrepreneurial.

Natalia Malilkova, Associate of Volga directorate
National Business
30
May

Overview of legislative changes from March – May 2017

In the new review, we would like to draw your attention to some important legislative changes that occurred in the spring of this year in the field of construction, antimonopoly regulation, labor law, and tax law. The Russian Ministry of Construction issued decrees that ratified the methods to be used to determine cost estimates for construction materials. Substantial changes have been introduced into Article 14.32 in the Russian Federation Administrative Offenses Code that establish the liability for signing anti-competitive agreements and implementing impermissible concerted actions. On March 28th, 2017 the Russian Federation State Duma introduced a bill for a federal law that would significantly restrict employers from demanding work days with irregular work hours. Another bill is going through public debate that obliges legal entities to gain knowledge of any beneficial owners that might exist, to take steps to identify them, and also to present information about them to the Russian Federal Service for Financial Monitoring and the Federal Tax Service upon request. to help combat both the legalization (laundering) of funds that have been acquired by illegal means and the financing of terrorism.

Alexander Sitnikov, Managing partner
Business of Russia
30
March

Shared-equity construction: what has the year 2017 changed?

Federal law No. 214-FZ, dated December 30th, 2004 and entitled, “On participation in equity sharing for the construction of multi-unit apartment buildings and other real estate assets, and on introducing changes to certain statutory provisions in the Russian Federation” (hereinafter Law No. 214-FZ), has been subject to considerable changes since it was adopted. With federal law July 3rd, 2016 No. 304-FZ, which entered into force in January 2017, changes were introduced in the Law that significantly affected the legal status of builders, the content of the shared-equity construction agreement (hereinafter SEC), and the rights and obligations of the parties. We will focus on both key innovations that are necessary to take into consideration for builders while carrying out their work, as well as for shared construction participants who acquired real estate on the basis of a SEC.

Igor Chumachenko, Partner, Head of Real Estate, Land & Construction practice
ezh-Yurist
6
March

Risky rentals. What should be confirmed before an agreement is signed in order to avoid losses.

The commercial real estate market is now oversaturated with offers, so concluding transactions using rental agreements that are developed exclusively for the benefit of real estate developers and owners is no longer such a priority. This means that contractual conditions depend solely on what the sides negotiate. Let us take a look at the conditions that the sides need to pay attention to before an agreement is signed in order to minimize potential risks in the future.

Company's lawyer
27
September

Amendments for builders

Russian legislation underwent significant changes in July. Only during the first week, the Russian President signed 150 new federal laws, which substantially amended legislation in virtually all spheres of activity, including in the construction sector. Thus, amendments were made to the Town Planning Code of the Russian Federation. Our experts tell you which ones are the most important.

Legal adviser in construction
4
August

Russian Supreme Court on unauthorized construction

Questions about the status of unauthorized constructions in the civil turnover, order and conditions of its legalization, as well as the grounds for court decisions to demolish such, has been repeatedly examined and explained by the higher court. And in the latest Review of Judicial Practice of the Supreme Court of the Russian Federation dated 06.07.2016 No. 2, these issues have not been ignored.

Ekaterina Ivanushkina, Senior associate of Real Estate. Land & Construction practice
ezh-Yurist
11
March

There is no alternative to a concession

Concession as a form of cooperation between investors in the field of transport infrastructure is currently impossible without competition. In the future, an alternative will appear in the form of the adopted in July 2015 Federal Law No. 224 “On public-private partnerships”. The current situation is as follows – if a project can be implemented on the basis of a concession agreement, with all other things being equal, it is worth choosing this format.

RZD-Partner
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