Analytics Publications

16
June
2020

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
13
February
2018

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
7
September
2017

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
30
March
2017

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
29
October
2015

Contracts in the construction sector

The relations between parties engaged in the implementation of investment and construction projects are governed by various types of contracts, those stipulated in the Civil Code of the Russian Federation (further the Civil Code) and those not stipulated in that law. Structuring relations between the parties through the conclusion of a particular type of contract is essential, in order to minimize the risk to all participants interested in the success of a particular project. This article considers the main types of contracts concluded in the implementation of investment and construction projects, and provides recommendations on key terms and features of such contracts.

Igor Chumachenko, Partner, Head of Real Estate, Land & Construction practice
27
May
2020

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
19
October
2017

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
4
May
2017

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
17
December
2015

Suites and partnership agreements: prospects and implications

In today’s real estate market a specific segment has been formed – the construction of suites. For now this segment offers certain advantages: the technical and sanitary requirements for suites are significantly lower than the requirements for construction of multi-family housing; suites can be placed inside a business complex, allowing the use of space in the building; it is possible to build suites on land with different types of permitted use, than for residential development.

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

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