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10
October
2016

Payers of insurance premiums receive more rights

On 1 January 2017, the Federal Law dated 03.07.2016 No. 243-FZ “On Amendments to Parts One and Two of the Tax Code of the Russian Federation, in connection with the transfer of powers to the tax authorities for the administration of insurance contributions for compulsory pension, social and health insurance” shall come into force. We list the main changes that await payers of insurance premiums.
EZH-Yurist
7
October
2016

Prudence and reasonableness in concluding a contract: how to verify the reliability of a company?

In the current judicial practice, we are discovering more and more arguments about the need to establish reasonableness and good faith when concluding deals with entities engaged in entrepreneurial activities. In starting cooperation with a new organization, the company is faced with the need to verify the potential of its counterparty. Verification is required for a decision to be made on the possible terms and conditions to be stipulated in future contracts, and in order to display the required due diligence. About where and what information on a company can be obtained, without having personal experience of cooperation with it, we tell you in this article.
Business and Life
5
October
2016

Elusive preference

Russian manufacturers of drugs, involved in public tenders, have had a 15% preference when it comes to pricing for quite a long time already. However, in connection with the adoption of additional measures to stimulate the localization of production, the question of determining the country of origin of goods has become particularly relevant. In recent years, practice has shown that certain contradictions exist in the approach to addressing this issue on the part of law enforcers.
Medicinskiy vestnik (Medical bulletin)
29
September
2016

Special investment contracts: requirements and preferences

Special Investment Contracts (SPICs), a relatively new form of incentive to invest in Russian industry, were introduced by amendments effective from 30 June 2015 to Federal Law No. 488-FZ of 31 December 2014, "On industrial policy".
EZH-Yurist
27
September
2016

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
22
September
2016

Legal regulation of electricity turnover

As a result of reforms in the electricity sphere, the structure of the market participants has become significantly complicated, as well as the obligatory chain of mutual relations between them. Both of these factors formed the background for a complex and simultaneous development of the regulatory framework in this sector. The growth in the number of sectoral regulatory legal acts has been amazing. Whereas before the reforms, the entire regulatory framework was based on the regulatory framework of the Civil Code and a series of departmental regulatory legal acts, now this base contains more than a hundred different legal acts.
Evgeniy Rodin, Partner, Head of "Resources. Industry. Restructuring"
EZH-Yurist
16
September
2016

Energy legislation update for August 2016

In August, the Russian government adopted a number of important regulations affecting the energy industry. Our latest update looks at these changes.
Yuriy Tatarinov, Head of Energy practice
BigpowerNews
2
September
2016

Increased payment discipline: objectives and results

The National Collections Service in May 2015 stated that debts for utility services had exceeded 1 trillion roubles. These included consumer debts to resource supplying and management organizations and non-payments by municipal utilities to suppliers of energy resources. The problem of excessive loyalty to the defaulters, to the detriment of the financial stability of suppliers, required a resolution. It was necessary to increase the responsibility for the entire chain – from consumers to the power generation companies, so that they could not evade their obligations. The Law “On increasing payment discipline in the housing and communal services sphere” was adopted in late 2015.
19
August
2016

The arbitration process: reboot (part 2)

On 1 July 2016, came into force amendments to the agrarian and industrial complex of the Russian Federation, made on the initiative of the Supreme Court of the Russian Federation. The arbitration procedure legislation obtained a new institution, and a wider list of disputes that require a pre-trial procedure, and new powers have been given to the courts.
Evgeniy Rodin, Partner, Head of "Resources. Industry. Restructuring"
EZH-Yurist
19
August
2016

Rights holders and public procurement

Today, for many private companies, participation in public procurement has become a commercially attractive direction of business development. It is not surprising then, that unscrupulous market participants, will seek to obtain public contracts by any means available, including at the cost of violating the rights of third parties. One problem in this regard, is the violation of the exclusive rights of copyright holders on the part of those entities participating in tenders, when the execution of the contract requires the supplier to have the respective rights. This issue is the most acute in the area of public procurement of medicines, where offenders win a tender for the supply of drugs protected by patents, and in the area of procurement of expensive equipment (including medical) – here the subject of violations are usually trademarks, while in the procurement of software, this involves primarily copyright objects.
Dmitriy Borodin, Project manager of corporate direction
EZH-Yurist
8
October
2016

Overview of changes in the energy legislation sphere in August 2016

In August the Russian government adopted a number of important regulations affecting the energy industry. Our latest update looks at these changes
Yuriy Tatarinov, Head of Energy practice
Energy Market
6
October
2016

Energy legislation update for September 2016

In September, the Russian government adopted a number of important regulations affecting the energy industry. Our latest update looks at these changes.
Yuriy Tatarinov, Head of Energy practice
BigpowerNews
3
October
2016

Enforcing a court’s judgment: whether is it possible to collect interest?

The duration of the procedure of judicial recovery of debt from counterparty often leads to enforcement proceedings immediately after the court decision enters into legal force. This algorithm speeds up the actual receipt of the funds, but at the same time, carries a certain risk associated with the possibility of actually enforcing the court order.
Bank Review
28
September
2016

Overview of changes in the energy legislation sphere in July 2016

Legislation in the energy sector has undergone significant changes in July. These changes are aimed at improving the economic efficiency of the energy markets and, as a consequence, to create additional consumer protection safeguards, as well as to introduce a unified scheme of water supply and sanitation in the Republic of Crimea. We look at these changes in more detail.
Yuriy Tatarinov, Head of Energy practice
Energy Market
26
September
2016

Loan or lease?

The need to purchase hardware or specialized equipment often puts business before a choice – take out a loan or lease what is required.
National Business
19
September
2016

Collegium of the Supreme Court will consider a claim involving parallel imports

In the Supreme Court of the Russian Federation, auto parts and beer distributors are trying to challenge the practice of considering cases of parallel imports. The companies believe that the "secret" recommendation of SIP, calling for the seizure and further destruction of goods, imported into Russia without the permission of copyright holders, is illegal.
Alexandra Vasyukhnova, Partner, Head of Technology and Investment group
Shopolog.ru
2
September
2016

Application of the law on payment discipline

Federal Law dated 03.11.2015 No. 307-FZ “On Amendments to Certain Legislative Acts of the Russian Federation in Connection with the Strengthening of the Payment Discipline of Energy Consumers” came fully into force as of 1 January 2016. In general, after six months of its operation, we can note a positive perception of these changes both by market participants and the judicial system.
EZH-Yurist
26
August
2016

Interest rate on a loan – when does a bank have the right to raise it unilaterally

Due to the rapid development of the financial markets, the question of borrowed funds (in particular, loans from banks and non-bank organizations) and the legal regulation of such crediting is very acute for individuals and legal entities. The banks retain wide rights to enter into contracts and, on the contrary, the options of the borrower are limited. To learn when a bank is entitled to unilaterally increase the interest rate on a loan, please read this article.
Victor Petrov, Partner, Head of Litigation practice
Business and Life
19
August
2016

That which is not allowed, is forbidden

Questions of obtaining building permits and making changes to them, are most painful for developers. The need to adopt measures that will remove administrative barriers in the construction sector, in particular in the obtaining of permits, has been universally proclaimed by the authorities. And we must give credit where it is due – significant changes in the legal regulation of issuing building permits have already been made. However, controversial issues remain.
EZH-Yurist
11
August
2016

The arbitration process: reboot

On 1 July 2016, came into force amendments to the agrarian and industrial complex of the Russian Federation, made on the initiative of the Supreme Court of the Russian Federation. The arbitration procedure legislation obtained a new institution, and a wider list of disputes that require a pre-trial procedure, and new powers have been given to the courts.
Evgeniy Rodin, Partner, Head of "Resources. Industry. Restructuring"
EZH-Yurist
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