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10
June
2020

Laysa unhooked from bankruptcy Russian Railways advertiser came under moratorium as part of a group

The Federal Tax Service (FTS) failed to bankrupt the Laysa advertising contractor of Russian Railways. She was helped by the inclusion of the Russ Outdoor group, to which she is a member, in the list of backbones, which gave her the right to use the moratorium on bankruptcy. This is the first known such case in the advertising market, the outer segment of which in the months of self-isolation could lose 70–90% of revenue. Comments by Valery Tikhonova.

Kommersant
5
June
2020

A pledge of rights under a contract does not automatically apply to rights from a subcontract agreement

The Supreme Court emphasized that the conclusion of a subcontract within the framework of a contract agreement, the rights of which are laid, does not entail the inclusion of rights from the subcontract in the subject of collateral obligations. Comments by Stanislav Shibulkin.

Advocate newspaper
3
June
2020

Khabarovsk suffered loss of subsidies. Compensation for expensive gas did not reach power plants

As Kommersant found out, the Khabarovsk Territory requested financial assistance from the state budget to compensate for the losses of the RusHydro Far Eastern power plants that arose due to rising gas prices. Losses of the company exceed 3 billion rubles. and, according to experts, they will continue to grow due to a policy of containing energy in the Far East. The state budget has already sent subsidies to the region, they say in the Ministry of Finance, but for some reason the money did not reach the company. RusHydro is trying to recover part of the amount through the court, but so far without success. Comments by Eugene Rodin. 


											
																													
 Evgeniy Rodin, Partner, Head of "Resources. Industry. Restructuring"

														
					        
 Kommersant 


											


												
									

																																			

										11
January
2019		
										
											
												
Recognition and enforcement of foreign arbitral awards in Russia: overview and prospects

												
The rapid development of international trade in the 21st century calls for the unification of legislation and enforcement practices in the spheres associated with international commercial arbitration, especially so in the area of recognition and enforcement of foreign arbitral awards.

											
																													
 Natalia Abtseshko, Head of International projects group

																													
 Svetlana Vasilyeva, Senior associate of Litigation practice

														
					        
 AEB Business Quarterly 


											


												
									

																																			

										17
May
2018		
										
											
												
Restriction of shareholders’ voting rights: common scenario and consequences of restriction

												
In accordance with provisions of article 65.2 of the Civil Code of the Russian Federation, the participants of a corporation, including shareholders, shall have the basic right to participate in administration of the corporation’s affairs. In particular, this right shall be exercised through participation in a shareholders’ general meeting with the right to vote on all matters within its competence pursuant to clause 2 of article 31 of the Federal Law “On Joint-Stock Companies”, No.208-FZ, dated 26 December 1995. However, there are instances where the shareholder’s right to vote on the matters relating to management in a joint-stock company may be restricted by internal documents, shareholders’ agreement or by virtue of law and (or) court judgment. Depending on the reason for the said restriction, various legal consequences arise. The said restrictions and their consequences are considered further in greater detail.

											
																											
					        
 EZH-Yurist 


											


												
									

																																			

										20
April
2018		
										
											
												
Recommendations for conclusion of shareholders’ agreements with regard to banks

												
In our practice, over the last 3 to 5 years, the shareholders and participants of the Russian companies have been increasingly concluding the shareholders’ agreements (corporate agreements) under the Russian law. This trend also concerns the banks. For example, according to the publicly available sources, the shareholders’ agreements have been concluded in respect of PJSC “Post Bank”, OJSC “TransCreditBank” and PJSC “MTS Bank”.

											
																											
					        
 Legal work in a credit organization 


											


												
									

																																			

										13
April
2018		
										
											
												
Securing of loan obligations to the bank: analysis of the most commonly used schemes

												
When entering into a loan agreement between credit institution and borrower (in this article, the primary focus will be on the legal entities acting as borrowers), the majority of financial risks lies specifically with the creditor that provides monetary resources to the borrower. 
For this reason, the means of securing the obligations become particularly important for the entity that has provided a loan. As a rule, the particular type of security is suggested by the credit institution itself, based on the amount of the provided loan, status of the borrower (its financial standing, corporate structure and assets) and other concurrent factors.

											
																													
 Victor Petrov, Partner, Head of Litigation practice

														
					        
 Business and Life 


											


												
									

																																			

										22
March
2018		
										
											
												
New round of anti-money laundering in EU and its consequences

												
Although the new European AML regulation does not directly apply to Russia, it will anyway affect the Russian banks. How do requirements of Regulation (EU) 2015/847 align with Russian legislation concerning personal data? What duties are imposed on the payment system operators? What are the motives for the European courts to solve the dilemma as to which matter has higher priority: the need to disclose information for AML/CFT purposes or the need to observe confidentiality?

											
																											
					        
 International Banking Operations 


											


												
									

																																			

										15
March
2018		
										
											
												
Participant in a LLC fails to pay for its participatory interest: analysis of consequences and company actions. Overview of judicial practice

												
As follows from provisions of the Civil Code of the Russian Federation, the basis for any business company, including a limited liability company, is its charter capital divided into participatory interests of its participants. Such participatory interests must be paid by the company founders, including in the form of money, securities, other things, property rights or other rights having the monetary value.

											
																													
 Stanislav Matushov, Head of Public Law Disputes & Corporate Defense group

														
					        
 Business and Life 


											


												
									

																																			

										15
February
2018		
										
											
												
Complexity of proving: perpetuation of evidence in the Internet

												
The proper functioning of modern society is impossible without using information technology that relates to the quickest possible transfer of information and its accessibility. The rapid development of information technology, especially over the past decade, covered all spheres of life of a man of today.

											
																											
					        
 Business and Life 


											


												
									

																									
								

							


							

						


						

							


							

								
																																	

										8
June
2020		
										

											
												
Check: theory and practice of agreements via the Internet

												

	 You can easily order a product, work or service through the Internet. Both companies and consumers can do this. It is enough to choose a product, indicate your data and confirm acceptance of the terms. But what is the nature of such agreements and what will happen if someone does not fulfill his obligations? Judicial practice demonstrates different approaches, and experts tell you what you need to know about click-wrap-contracts in order to minimize legal risks. Comments by Dmitry Borodin.


											
																																		
 Dmitriy Borodin, Project manager of corporate direction

																			        
 Pravo.ru 



											
																																											
									

																																	

										5
June
2020		
										

											
												
The futures price will be calculated by the court. Investors demand compensation from the Moscow Exchange

												

	 Private investors filed the first class action against the Moscow Exchange to recover losses from the execution of an oil futures contract in April this year at a negative price. The amount of claims is only 70 million rubles, but others are also expected, the total amount of claims may exceed 1 billion rubles. Lawyers believe that private investors have chances to win, but they will have to prove the connection between the actions of the exchange and losses. Commented by Victor Petrov.


											
																																		
 Victor Petrov, Partner, Head of Litigation practice

																			        
 Kommersant 



											
																																											
									

																																	

										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 



											
																																											
									

																																	

										8
August
2018		
										

											
												
Regulated purchases in the oil and gas industry: key changes and new opportunities

												
In the first issue of the Digest NEFTEGAZ (joint project of National Oil and Gas Forum and Oil and Gaz excibition, supported by Expocenter), read an article authered by Yulia Polyakova, lawyer of the Commercial Group VEGAS LEX, on the topic of procurement regulation in the Oil and Gas industry of Russia.

 

 In her article, Julia analyzed the latest amendments to Federal Law No. 223-FZ of 18 July 2011 "On Procurement of goods, works, services by Individual Types of Legal Entities", which underwent significant changes affecting the purchase procedure in the Oil and Gas industry after 1 July 2018.

											
																													        
 Digest NEFTEGAS 



											
																																											
									

																																	

										20
April
2018		
										

											
												
The practice of challenging of transactions in case of the bankruptcy of credit institutions

												
According to the statistics posted by the Bank of Russia on its website, as of 1 January 2017, 288 credit institutions (87.54% of the total number of liquidated credit
institutions) have been declared bankrupt by arbitration courts, bankruptcy proceedings have been initiated in relation to them and bankruptcy receivers have been appointed. However, the statistics of satisfying the creditors’ claims is low – since credit institutions do not have sufficient funds for a long period of time, the claims are satisfied at the average of 15.8% of the amounts of ascertained claims.

											
																																		
 Victor Petrov, Partner, Head of Litigation practice

																																        
 Legal work in a credit organization 



											
																																											
									

																																	

										17
April
2018		
										

											
												
Counterparty’s representations appeared to be misleading. How to prove damages?

												
In case of misrepresentation by a counterparty, damages may be recovered from it. However, not in every instance, the court treats any given information as a representation and, moreover, its unreliability will have to be consistently proven. To learn when you have a chance to receive compensation for damages, please read this article.

											
																																		
 Stanislav Matushov, Head of Public Law Disputes & Corporate Defense group

																			        
 Arbitration practice 



											
																																											
									

																																	

										10
April
2018		
										

											
												
Replacement of company general director: how to ensure the complete and smooth business handover to a new chief executive officer?

												
The replacement of the company chief executive officer (i.e. director, general director, etc.) is the procedure that requires special attention since the way it is carried out may cause serious problems to the company related to actual paralyzation of its activity. This article is about those practical steps that need to be taken in case of replacement of the chief executive officer to ensure the complete and smooth business handover to a new chief executive officer.

											
																													        
 Business and Life 



											
																																											
									

																																	

										15
March
2018		
										

											
												
Improper use of land: conditions of incurrence of liability and consequences 

												
Being governed by article 7 of the Land Code of the Russian Federation, the courts recognize the improper use of land where the land plot is used out of accordance with its category of land.

											
																																		
 Ekaterina Ivanushkina, Senior associate of Real Estate. Land & Construction practice

																																        
 Business and Life 



											
																																											
									

																																	

										1
March
2018		
										

											
												
Overview of key legislative changes in the energy sector in February 2018

												
In February, the Government of the Russian Federation adopted a number of important decrees in the energy sector. We offer you to review them in our new overview.

											
																																		
 Yuriy Tatarinov, Head of Energy practice 

																																        
 BigpowerNews 



											
																																											
									

																																	

										14
February
2018		
										

											
												
Russian courts tend to find independent guarantees as quite dependent

												
In recent Russian dispute resolution practice, judges incline to consider independent guarantees as not completely independent from the underlying secured obligations. This entails risks of unjust enrichment of the beneficiaries unfairly claiming payments under independent guarantees. This post offers recommendations to avoid such risks of the judiciary practice twists.

											
																													        
 CIS Arbitration Forum 



											
																																											
									

																
							


							

						




									


										


	

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