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7
December
2015

Termination of the use of water does not always exempt one from having to pay fees for the maintenance of water supply facilities

Currently, two types of tariffs for cold water can be set by regulators – flat-rate and dual-rate. The difference between these rates is that the dual-rate tariff includes payment by consumers not only for the actual consumption, but also a fee for the maintenance of cold water supply facilities.
Energy Market
2
December
2015

Certification of decisions made at meetings of business entities

Corporate law keeps developing, and more and more regulations are being added to it. Many relationships, which previously were outside of the legal field, are now regulated. In particular, the regulations of procedures for certification of decisions made at meetings of business entities. Like any new amendment, the initial implementation of these standards raises a number of questions, then the regulators provide explanations, and the situation is corrected. In this article, read about the main issues related to certification of decisions made at meetings of business entities.
Business and Life
24
November
2015

Bank increased interest on the loan, citing the economic crisis. The chances of a borrower challenging such an increase

- In which cases can a bank increase the interest rate on a loan - What arguments will help a borrower challenge an interest rate increase on a loan - How to prove the punitive nature of the new interest rate imposed by a bank
Victor Petrov, Partner, Head of Litigation practice
Arbitration practice
12
November
2015

Review of the government’s decision dated 29.10.2015 No. 1166 on “Competitive capacity selection for new power generation”

On 29 October, Russian Prime Minister Dmitry Medvedev signed the Decree of the Government of the Russian Federation No. 1166 “On amendments to some acts of the Government related to the long-term competitive selection of power generating facilities, in order to avoid shortages of electric power and capacity”. The recently signed decree, coming into effect as of 13 November 2015, contains amendments to some acts of the Government related to the long-term competitive selection of power generating facilities, in order to avoid shortages of electric power and capacity.
Yuriy Tatarinov, Head of Energy practice
BigpowerNews
10
November
2015

Bridging the gaps, but not all of them

Plenum of the Russian Supreme Court in its Decree No.45 prepared a detailed explanation as to which specific characteristics should be taken under consideration by arbitration courts, when reviewing cases concerning the insolvency (bankruptcy) of citizens.
EZH-Yurist
9
November
2015

Overview of changes made to legislation in the energy sector in October 2015

In October, the Government of the Russian Federation adopted a number of important decisions, some of which, we will introduce you to in our new survey.
Yuriy Tatarinov, Head of Energy practice
BigpowerNews
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
21
October
2015

The practice of reviewing cases involving violations by state antimonopoly authorities and local self-government bodies

In this article, we review under which conditions state authorities and local authorities can be held accountable for the adoption of acts and the carrying out of actions that restrict competition. Analysed are the most common types of such violations, and the trends in judicial practice when considering these cases.
16
October
2015

How to protect the interests of the parties in the implementation of international guarantees, under sanctions conditions?

Under sanctions conditions, participants of guaranteed international transactions find themselves between a rock and a hard place. On the one hand, for violation of the sanctions regime, one can be fined. On the other hand, if obligations under the guarantee will not be fulfilled, because of the sanctions, the counterparty to the transaction may turn to the courts. The question is what should be taken into account today when issuing guarantees, and the performance of obligations under them?
Victor Petrov, Partner, Head of Litigation practice
Legal work in a credit organization
6
October
2015

Workers demanding to declare a company bankrupt. The risks faced by employers due to wage debts

On 29 September 2015, came into force amendments to the law on bankruptcy, which allows employees to ask the court to declare their employer as insolvent. Despite such ominous wording, considering workers as full-fledged participants in a bankruptcy case, can be done only with great reservations.
Trudovye Spory (Labour disputes)
3
December
2015

What to do with imputed bad faith

Using an additional charge of bad faith – is an old headache for many companies. Disputes involving such issues often turn into a contest of evidence presentation – the one presenting the most convincing evidence is the winner. Positive for payers examples from actual practice are presented by Senior lawyer at VEGAS LEX law firm.
Сollective of authors, VEGAS LEX
Tax disputes
24
November
2015

Law on CFCs

In 2015, the Federal Law dated 24 November 2014 No. 376-FZ “On Amendments to Parts One and Two of the Tax Code of the Russian Federation (regarding taxation of profits of controlled foreign companies and profits of foreign organizations)”, the so-called “Law on CFCs”. The essence of the adopted amendments amount to, in particular, the taxation of retained earnings of foreign companies (structures without legal entity status), owned and managed by Russian taxpayers. In addition, the Law on CFCs brings together other special rules to combat tax evasion (specific anti-avoidance rules – SAAR), such as the concept of the beneficial owner of income, tax residency of legal entities, as well as to counter indirect sales of immovable property.
24
November
2015

Reducing the size of the administrative penalty below the lower limit

Charging legal entities and individual entrepreneurs with administrative fines for various offences has acquired a mass character in recent years. A significant number of regulatory authorities (regional departments of the Federal Antimonopoly Service, tax authorities, customs control, Rospotrebnadzor, etc.), as well as the absence of qualified lawyers in organizations, which could prevent possible violations, has led to considerable financial losses for businesses, related to the payment of administrative fines.
National Business
11
November
2015

Review of the Federal Law dated 03.11.2015 No. 307-FZ “On the strengthening of payment discipline of energy consumers”

Federal Law No. 307-FZ “On amendments to certain legislative acts of the Russian Federation concerning the strengthening of payment discipline of energy resources" (hereinafter – “Law No. 307-FZ” and “Law”), signed on 03 November 2015 by the President of Russia, was published on 04 November 2015 on the Official Internet Portal of Legal Information.
Yuriy Tatarinov, Head of Energy practice
BigpowerNews
10
November
2015

Legalization of conditions on making payments under a preliminary contract

The task was to recognize the validity of conditions, included in a preliminary contract, on making partial payments for a property. When it comes to sales transactions, then no particular problems should arise. However, if you have a special situation, you need to structure an advance payment and/or a security deposit, as well as ... this instruction.
Victor Petrov, Partner, Head of Litigation practice
Сorporate lawyer
29
October
2015

4:0 in favour of the FAS?

The Federal Law dated 05 October 2015 No. 275-FZ “On Amendments to the Federal Law – On Protection of Competition and some legislative acts of the Russian Federation”, better known as the “fourth antimonopoly package”, introduces significant amendments to the antimonopoly legislation of the Russian Federation. Most of its provisions come into force on 05 January 2016. We analyse the most significant changes that are provided in this regulation.
EZH-Yurist
21
October
2015

What to do if a bank has restricted cash withdrawals

Whereas limiting the amount cash withdrawals by a credit organization is not necessarily a situation that entails the violation of the rights of the client, it nevertheless serves as an indicator of negative economic changes that have occurred in the financial position of that bank.
Victor Petrov, Partner, Head of Litigation practice
19
October
2015

Review of government decree dated 09.10.2015 No. 1079 “On subsidies to eliminate cross-subsidizing in the electric power sector

On 13 October, on the official legal information web-portal, they published the government decree dated 09.10.2015 No. 1079 “On the granting in 2015 of subsidies from the federal budget to the budgets of subjects of the Russian Federation for the elimination of cross-subsidizing in the electric power sector within the framework of the subprogram – Development and Modernization of Electric Power of the state program of the Russia Federation – Energy Efficiency and Energy Development.
Yuriy Tatarinov, Head of Energy practice
BigpowerNews
12
October
2015

Review of corporate disputes

In the first half of 2015, the Supreme Court of the Russian Federation gave plenty of attention to corporate law issues, which generally indicates the continuation of the activity by the Supreme Court stemming from the work of the Supreme Arbitration Court of the Russian Federation on the active development of Russian corporate law. Some of the disputes considered by the Supreme Court can be viewed as “precedent-setting” and affecting quite topical, at the moment, questions. These disputes are the subject of this review.
Joint Stock Company
5
October
2015

Restrictions on state procurement of foreign medical devices: practice and implications for other sectors

On 5 February 2015 the Russian Government adopted Resolution No. 102 "On Restricting the Access of Certain Types of Medical Devices Originating from Foreign Countries for the Purpose of Procurement for State and Municipal Needs" (Resolution No. 102). Resolution No. 102 contains a closed list of medical devices to which its provisions apply (the "List").

AEB Business Quarterly
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