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11
August
2016

Bankruptcy law

The Judicial Board on Economic Disputes of the Supreme Court of the Russian Federation summarized the practice of the Russian legislation, including legislation on bankruptcy. As part of such a generalization, the Supreme Court focused on the institution of subsidiary liability of the director of the debtor and controlling persons, pointing to procedural possibilities of creditors to challenge the settlement agreement, concluded in previous cases on bankruptcy, and outlined the range of persons, as well as determined the order of consideration of disputes regarding the terms for auctioning off the subject of the collateral.

EZH-Yurist
4
August
2016

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
25
July
2016

Disparate & interchangeable

The Russian Federal Antimonopoly Service in its clarifications repeatedly reported the position of the service on the interchangeability of certain drugs. In particular, a letter dated 9 April 2014 No. AK/13610/14 stated that the different dosages of drugs should be considered as interchangeable, if there is the possibility of multiple comparisons. At the same time, the practical application of this principle is not universal.
Medicinskiy vestnik (Medical bulletin)
14
July
2016

Get out of the drawbar

The Law on “Circulation of Medicines” is in a state of transformation
Pharmaceutical Bulletin
4
July
2016

Review of legislative changes in the energy sphere in May 2016

Legislation in the energy sector underwent some minor changes in May – issued have been several regulations and one order from the Government of Russian Federation, a decree from the Ministry of Construction of Russia, and adopted was Federal Law dated 01.05.2016 No. 132-FZ, aimed at improving the legislation that ensures safety in the heating sector. We look at these acts in detail
Evgeniy Rodin, Partner, Head of "Resources. Industry. Restructuring"
Energy Market
30
June
2016

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
27
June
2016

How to avoid bankruptcy at the initiative of the Federal Tax Service

If the company's tax debt exceeds 300,000 roubles, and is not repaid within three months after receiving the request from the inspection service, the Federal Tax Service of Russia is entitled to initiate a bankruptcy procedure. We will look at how you can avoid this altogether, or slow down the process.
Tax disputes
23
June
2016

Weighted average standard of municipal services – Supreme Court of RF against

By virtue of Paragraph 1 of Article 157 of the Russian Federation Housing Code, the amount of payment for utility services is calculated based on the amount of consumed utilities, as measured by meter readings, and in their absence, on the basis of regulations of consumption of utilities, approved by the state authorities of the Russian Federation in accordance with the procedure established by the RF Government.
6
June
2016

Formation of concession conditions: legislative conflicts

Over the past few years, the numbers of developed and launched concession projects have significantly increased, along with which the conditions and legal instruments of concession agreements have grown more complicated, together with other contract documentation. In addition to this, the use of certain contractual arrangements may lead to conflicts with concession and civil legislation and, consequently, increased risks for the parties.
Securities Market
27
May
2016

Harmonization of court levels – changes to practice by the Supreme Court of the Russian Federation

One of the expected outcomes of the abolition of the Supreme Arbitration Court of the Russian Federation (SAC RF) is that reviews of legal positions will now be carried out by Supreme Court of the Russian Federation (SC RF), something that previously was performed during the consideration of specific cases.
Energy Market
4
August
2016

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
3
August
2016

Energy legislation update for July 2016

In July, 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
21
July
2016

Compensation for damages by way of recourse – selection of the right defendant

According to Part 1 Article 1081 of the Russian Civil Code, the entity compensating for the harm caused by another entity, has a right of demand (recourse) towards this latter entity for the full amount paid, unless another amount is set by law. As a general rule, the debtor of recourse is obliged to compensate the creditor, who has made a payment in full to a third party.

Energy Market
8
July
2016

Review of legislative changes in the energy sphere in June 2016

In June, the RF Government adopted a number of important decisions, some of which we will discuss in the new review.
Evgeniy Rodin, Partner, Head of "Resources. Industry. Restructuring"
BigpowerNews
1
July
2016

How to protect a company’s business reputation through the courts?

The main questions are – Which court to file a claim with, when it comes to the protection of a company’s business reputation? Who will be the defendant, if the defamatory information was disseminated by the mass media? What must the plaintiff prove, and is it possible to apply for expert examination of materials, which contain the defamatory information? Solution: if the claim for protection of a company’s business reputation derives from business activities, then a claim needs to be submitted to an arbitration court. Defendants shall be recognized as those individuals who spread defamatory information or reports, and the court will require them to prove that the information corresponds to reality. An expert examination can be requested when there are no other ways to establish the defamatory character of the information.
Victor Petrov, Partner, Head of Litigation practice
Company's lawyer
29
June
2016

What you should know about the tax information exchange, so as not to lose sleep over it

There is just one day left to submit information on foreign bank accounts. Owners of such accounts, who fail to disclose them, risk stiff fines and penalties, should such information become available to the Federal Tax Service. What is known today, about which countries will provide such information?
RBC
23
June
2016

Gaps are being eliminated, but problems remain

The State Duma Committee voted to adopt, during first reading, the draft law clarifying the possibility of protection from prolonged default in kind. Changes proposed to the Federal Law dated 30.04.2010 No. 68-FZ “On compensation for violation of the right to trial within a reasonable time, or the right to have a judicial act performed within a reasonable time”. We examine the basic provisions of the draft law.
EZH-Yurist
10
June
2016

New rules for the activities of foreign-controlled companies

The goal of de-offshorization is to limit the ability of aggressive tax planning using a foreign element, and for taxing the retained earnings of foreign companies controlled by Russian tax residents. These new changes have affected not only taxpayers using foreign companies for tax planning purposes, but also the work of foreign companies that receive income from Russia.
Сorporate lawyer
30
May
2016

They were not ready

On 30 November 2015, the Russian Government adopted Decree No. 1289, which embodies the concept of the “three’s a crowd” in the pharmaceutical sector. Despite the fact that this format of regulations has been discussed during the last few years, no government customers or suppliers of drugs were ready for the introduction of this document.
Medicinskiy vestnik (Medical bulletin)
27
May
2016

Restructuring should not be for sale

The main goal of citizens, who turn to the court to recognize them as bankrupt, is to be liberated from further performance of their obligations to creditors, and debt relief.
National Business
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