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18
March
2016

The new Administrative Court Procedure Code. How does it differ from the Civil Procedure Code and Arbitration Procedure Code of the RF

How should one address the judge during an administrative process? What is the difference between provisional protection measures and security measures? What path does the case review follow during a simplified proceeding?
Evgeniy Rodin, Partner, Head of "Resources. Industry. Restructuring"
Arbitration practice
4
March
2016

Review of legislative changes in the energy sphere in February 2016

In February, the RF Government adopted a number of important decisions, some of which we will discuss in the new review.
Yuriy Tatarinov, Head of Energy practice
BigpowerNews
29
February
2016

Price regulation as a means of protecting competition

Regulation of prices – is the norm in today’s global economy. Most countries regulate (establish) prices for fuel and energy resources, engineering and agricultural products.
Evgeniy Rodin, Partner, Head of "Resources. Industry. Restructuring"
Energy Market
12
February
2016

Review: Federal Law Project on decommissioning of generating capacity

The RF Ministry of Energy has developed a draft federal law “On Amendments to the Federal Law – On the Electric Power Industry” (the procedure for disconnecting power devices from the electrical network, and the procedure for decommissioning facilities used for the production of electrical energy)
Yuriy Tatarinov, Head of Energy practice
BigpowerNews
4
February
2016

New changes in antitrust legislation

Anti-monopoly legislation in 2015 was marked by several significant changes. In particular, certain anti-competitive offenses were decriminalized and the fourth antimonopoly package was adopted. We look at the main legal innovations.
EZH-Yurist
22
January
2016

How to rehabilitate “fictitious” transactions

Tax authorities are increasingly losing disputes in the courts, in cases involving alleged fictitious transactions. However, this is not preventing inspectors from interpreting the norms of the Tax Code of the RF in their own interests, thus denying taxpayers the right to obtain timely reimbursements of taxes from the budget. An example of one such case is presented by Igor Gusev, senior lawyer at the VEGAS LEX Law Firm.
Сollective of authors, VEGAS LEX
Tax disputes
13
January
2016

Unsanctioned tariff manipulation during electric energy transmission

In recent years, there has been a dramatic increase in the number of disputes involving dishonest behavior on the part of individual organizations providing services related to electricity transmission networks. The conflicts between the parties are usually the refusal to pay for services involving the supply of electricity to those points that had not been initially specified in the contract, and which were not included in the tariff setting process. New points of delivery are obtained by unscrupulous network organizations after the approval of individual tariffs, which result in financial losses to their counterparties and an imbalance in the economic interests of participants of the power distribution market. One such case became the subject of consideration by the Judicial Board on Economic Disputes of the Supreme Court of the Russian Federation.
Energy Market
18
December
2015

To get one’s debt returned, or obtain control of the debtor?

The desire to recover a debt from a borrower is understandable. However, is it justified for a bank to resort to abusive and aggressive behaviour? Judicial practice shows that this should be avoided, because it may result in losses to the bank. What are the responsibilities stipulated by legislation when it comes to unscrupulous actions of the lender, upon initiation of bankruptcy proceedings?
Legal work in a credit organization
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
9
December
2015

Overview of changes in energy legislation in November 2015

In November, the Government of the Russian Federation adopted a number of important regulations, some of which we will look at in our new review.
Сollective of authors, VEGAS LEX
BigpowerNews
11
March
2016

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.
Irina Nikolaeva, Junior associate, Energy practice
RZD-Partner
4
March
2016

Results of 2015. On electric power...

In 2015, significant changes were made to legislation in the sphere of electricity turnover, designed to streamline relations between market participants.
EZH-Yurist
26
February
2016

How to calculate fees for over-weight transport

Who should pay, and how much should be paid for vehicles weighing more than 12 tons? Is it possible to include such payments as operating expenses? What documents are needed? And what penalties await the violators? Details in this article.
Сollective of authors, VEGAS LEX
Uchet v stroitelstve (Accounting in the construction)
5
February
2016

Law on PPP: new opportunities for infrastructure projects

On 01 January 2016, a new opportunity appeared for structuring infrastructure projects, when the Federal Law No. 224-FZ, dated 03.07.2015, “On public-private partnerships and municipal-private partnerships in the Russian Federation and the introduction of amendments to certain legislative acts of the Russian Federation” (hereinafter referred to as the “Law on PPP”) came into force. It was approved back in July 2015, and during the last six months became the focus of most participants in the infrastructure projects market, as well as all constituent entities of the Russian Federation, which by the middle of 2016 must bring their regional laws into compliance with this federal law. A key issue arising from the adoption of the new Law on PPP at the federal level – is how it will affect projects currently being implemented or planned for implementation in the future. Projects started before its adoption, based on regional laws on PPP, it is assumed will have to be restructured (to bring their agreement into line with the newly adopted law). The planned or already developed, but not yet started projects will need to be structured on the basis of the new law. To learn more about the future prospects and differences between PPP projects and projects under concession agreements, please read this report.
Business and Life
2
February
2016

Antitrust authorities have limited competence when it comes to considering appeals of individuals

Since the entry into force of the “fourth antimonopoly package”, the competence of antitrust authorities has been limited when it comes to considering appeals coming from the population.
15
January
2016

How to check one’s counterparty

Checking out counterparties has traditionally been an essential pre-contractual stage of the work of almost any company (with rare exceptions). In large organizations, as a rule, there are specially designed internal regulations by which employees must be guided in the selection of potential contractors and the establishment of contractual relations with them. These regulations provide a list of documents that must be demanded from a potential contractor for their subsequent sending to the legal department of the organization. For its part, the legal department, after a careful analysis of such documents, draws up a report on the presence or absence of legal risks in concluding a contract with the given contractor.
Bank Review
13
January
2016

Own generation in the enterprise: legal aspects involving the production and sale of electric energy in the retail markets

The constantly growing prices for energy, as well as the relative inaccessibility to network infrastructure, distortions in the price regulation schemes for technological connections and for electric power transmission services, widespread violation when it comes to the quality of the provided services in the field of electricity and heat, uncertainty as to prices for oil and gas (and their byproducts) on the Russian domestic market (including, due to declining revenues from sales to foreign markets) have led to the steady growth of consumer interest in the development of own small (distributed) power generation.
Yuriy Tatarinov, Head of Energy practice
Energy Market
17
December
2015

Risks of going into bankruptcy

As a rule, the participants of economic relations, in the event of difficulties seek, as soon as possible, to free themselves from burdened assets, especially if such assets can bring significant risks in the future. Of no exception are also intangible assets in the form of shares in legal entities that, for whatever reasons, are burdened by debts payable to own contractors and the state budget. In such a situation, the company’s founders seek to get rid of their troubled assets for fear of possible liabilities for the obligations entered into by their company, in the event of a bankruptcy.
EZH-Yurist
16
December
2015

Overview: the administrative responsibility for violation of the power consumption limitation mode

The problem of low payment discipline for energy is quite a big problem today, and so the legislators are trying to expand the list of methods to influence various groups of consumers, in order to improve payment discipline. These include administrative penalties, power consumption limitation modes, penalties, legal proceedings to recover debts, the provision of financial guarantees, and other methods. However, these mechanisms do not completely solve the problem, and meanwhile, the amount of accounts receivable for consumed energy keeps only increasing every year.
Evgeniy Rodin, Partner, Head of "Resources. Industry. Restructuring"
BigpowerNews
7
December
2015

Responsibility for non-fulfilment

In accordance with Paragraph 4 of Article 34 of the Federal Law dated 05 April 2013 No. 44-FZ “On the contract system in the procurement of goods, works and services for state and municipal needs” a contract must include mandatory provisions outlining the responsibility of the customer and the supplier for any failure to perform, or improper performance of obligations under the contract. At the same time, current legal practice shows that the formulation of provisions on such responsibility in the contract poses certain difficulties, and some nuances need to be understood.
Medicinskiy vestnik (Medical bulletin)
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