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28
November
2017

Information on beneficial owners: disclose it and do not make any errors

In August 2017, the Russian government published the rules on how legal entities need to present information about their beneficial owners to government agencies. The new rules will permit checking how companies identify, update, and store information on the people that control their actions. To ensure that relevant responsibilities are adequately fulfilled, it is necessary to gain a detailed understanding of these new provisions, since in practice they might not be interpreted in a clear-cut manner.

Ilya Shengeliya, Compliance Counsel
Securities Market
15
November
2017

What does Russia's personal data law mean for foreign companies?

Exactly two years have passed since amendments to Federal Law 152-FZ, On Personal Data, of 27 July 2006, ('the Personal Data Law'), obliging data operators to store Russians' personal data on servers in Russia, came into force. For now, it is too early to say that those failing to comply with these regulations is always punished. However, it is already clear that Russia's lawmakers, in toughening the penalties and introducing new requirements are treating the matter extremely seriously, as are the country's law enforcement authorities, as shown by one of the most high-profile cases in the last two years: the blocking of LinkedIn's website in Russia. This article explains the requirements for data storage, situations when foreign companies need to comply, and the penalties for non-compliance.

EZH-Yurist
14
November
2017

Questions about the Concept

What can we expect from the Ministry of Justice's Concept to reform the legal services market?

New Lawyer's Newspaper (Novaya Advokatskay gazeta)
7
November
2017

Departmental appeals with the Federal Antimonopoly Service of Russia

For more than a year now, a so-called departmental appeals board has functioned at the Federal Antimonopoly Service of Russia, which allows economic entities to dispute decisions made by the antimonopoly authorities’ regional departments out of court. In certain cases, this procedure could become an efficient alternative to courts of appeal.

Bank Review
2
November
2017

Are there any boundaries for customs inspections?

Starting August 30, 2017 some amendments to Federal Law No. 311-FZ “On customs regulation in the Russian Federation” (hereinafter Law No. 311-FZ) entered into force that provide for the potential to both introduce a ban on trading certain types of goods in Russia and expand the authority enjoyed by customs agents. During a “sanctions standoff,” legislators came to the conclusion that adopting measures to ban importing certain types of goods into the country might not prove sufficient – so they permitted imposing restrictions on importing, storing, acquiring, or otherwise trading them inside Russian borders (this includes people acquiring them for their personal use).  

EZH-Yurist
26
October
2017

There are several people included in the party that is the real estate owner: what should potential tenants and buyers keep in mind before signing a contract?

If the real estate property is owned by two or more people, concluding any transaction involving it, in any form, means securing consent from every owner. We will gain a more detailed understanding what is worth paying attention to when buying or leasing a real estate property when there happen to be several people that own the property.

Business and Life
23
October
2017

Agency country questions: Russia

Russian-specific information concerning the key legal and commercial issues to be considered when appointing an agent.This Q&A provides country-specific commentary on Agency: international overview, and forms part of our international sales and marketing transaction guide.

Natalia Abtseshko, Head of International projects group
PLC Magazine
23
October
2017

Experts: "How to build a facility without violating environmental legislation"

Protecting the environment and construction are two concepts that are virtually incompatible. When any human activity is introduced into the environment, it harms it. To minimize the damage, regulatory enactments are adopted, and the supervisory authorities enforce compliance. We asked our experts to talk about how to build a facility without violating the requirements set forth by ecologists, how to interact with the authorities enforcing laws for natural resource management, and the shortcomings in Russian environmental legislation.

Legal adviser in construction
13
October
2017

Personal data in the bounds of corporate activity

Russian Federation legislation on personal data became the object of heated discussion a long time ago, both among practicing attorneys and the business community. The subject of personal data took on particular urgency after administrative liability was tightened for violating Federal Law No. 152-FZ, dated July 27th, 2006 and entitled “On personal data,” and especially after the amendments to Article 13.11 in the Russian Federation Code of Administrative Offenses entered into force on July 1st, 2017.

Joint Stock Company
11
October
2017

Overview of the changes in legislation from June-August 2017

In the legislation overview that is presented, you can familiarize yourselves with the key legislative amendments that impacted various areas and industries in the Russian economy. The “Law on strategic planners” was amended to establish additional restrictions on foreign investment in Russian society that could have strategic significance for the country’s defense industry and national security. Amendments entered into force aimed at introducing a pricing mechanism that uses the so-called "alternative boiler house” method to create stable conditions to attract investment into the field of district heating. The “forest amnesty” law was passed, which defines the procedures for determining the borders of plots of land that constitute part of the national forest reserves. On July 30th, 2017 the President of Russia signed a law that bans the use of technologies, information systems, and programs (anonymizers and VPN services) that allow circumventing blocked content and gaining access to information resources with content that is prohibited inside Russian Federation borders. The Russian Federation Ministry of Economic Development, in accordance with official instructions from the Russian government, drafted a bill that defines the basic principles for licensing activity, which is taken to mean activity performed by executive authorities to grant permits and perform related functions. At present, it is going through the stage of legislative impact assessment.

Alexander Sitnikov, Managing partner
Business of Russia
23
November
2017

An overview of the changes in legislation in the third quarter of 2017 that are applicable to district heating

In the third quarter of 2017, the significant new developments in statutory regulation in the field of district heating were focused on the features involved with introducing heat cost “deregulation” into how existing provisions will develop in Article 8 in Federal Law 190-FZ, dated July 27th, 2010, “On heat supply” (hereinafter Law No. 190-FZ), as well as on the specifics of heat price formation when organizations operate district heating systems under concession agreements. The changes also affected the procedure for hooking up to heat supply networks and the key elements in the process of disclosing information related to district heating.

Yuriy Tatarinov, Head of Energy practice
Energy Market
15
November
2017

Special investment contracts in the Russian Federation

Starting in 2015, for the first time a new form of cooperation between the state and private investors became available – the special investment contract (hereinafter SPIC). The goal of implementing it is to stimulate the attraction of large-scale investment to help create and upgrade industrial production facilities inside Russia by providing industry incentives, credits, and stable conditions in which to conduct business. What advantages does this investment mechanism have, and what additional obligations must a party that is investing take upon itself in order to enjoy them?

Maxim Grigoryev, Partner, Head of Southern directorate, Head of special projects
EZH-Yurist
8
November
2017

Useful advice: the cause-and-effect process during the recovery of claims

In disputes involving claims for damages, what comes to the forefront is the qualitative selection of evidence, as well as knowing how to state your position to the courts. Victor Petrov, the Head of Litigation group at the VEGAS LEX law firm, talks about the particularities of evidence gathering and what methods are effective, using legal case studies as examples.

Victor Petrov, Partner, Head of Litigation practice
Pravo.ru
2
November
2017

Overview of changes in the energy legislation sphere in October 2017

In October 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
26
October
2017

Streamlining judicial proceedings: is everything that is done always for the best?

A Russian Federation Supreme Court plenary session approved introducing a bill into the State Duma that calls for large-scale reform of the procedures for administering justice. As follows from the explanatory note, the main objectives of the amendments to procedural legislation are reducing the burden on the courts, and simplifying and speeding up the process of litigation. At the same time, simplifying the courts’ work, in this case, is achieved by imposing additional obligations and procedural risks on the participants in the process.

Dmitriy Motorin, Senior Associate
National Business
26
October
2017

Business in Russia. Antimonopoly enforcement risks for foreigners

Do the requirements outlined in Russian antimonopoly legislation apply to foreign companies whose activities could potentially influence the state of competition in the Russian Federation? Regulatory enforcement and court practice suggests what the answer is - they most likely do. Keeping this in mind, in some cases foreign companies should take into account the restrictions legally established in the Russian Federation, as well as monitor trends in administrative and judicial practice, when disputes are being reviewed involving prosecution for allegedly violating these requirements.

Competition and law
23
October
2017

Distribution country questions: Russia

Russia-specific information concerning the key local and commercial issues that arise when appointing a distributor. This Q&A provides country-specific commentary on Distribution: international overview, and forms part of our international sales and marketing transaction guide.

Natalia Abtseshko, Head of International projects group
PLC Magazine
19
October
2017

Developing real estate: the essentials of legal regulation, and prospects for the future

The concept of "developer," "real estate development," and "activities by developers" have solidly embedded themselves in the construction business. And now legislators operation on assumptions that involved them. For example, the Moscow state program "Urban planning policy" indicates that to improve the investment climate it is necessary to get rid of conflicts between "the city's interests and commercial proposals put forth by developers and construction companies." At the same time, Russian legislation still does not, technically speaking, regulate activity performed by developers. In this article, we will try to work out a unified concept for the institution of development, and focus on real estate development agreements and the prospects for development regulations in the Russian legal field.

Igor Chumachenko, Partner, Head of Real Estate, Land & Construction practice
EZH-Yurist
13
October
2017

The powers of the representative are evident from the situation: trends in judicial practice

The subjects of civil law relations can acquire their rights and accept their responsibilities either personally or through their representatives. In the vast majority of cases, the power to act as a representative is given by issuing a power-of-attorney (if this involves people who are not legal representatives) that is either notarized or in simple written form. However, law also provides for the possibility of representing an individual’s interests without a document like a power-of-attorney that grants such authorization. You can read in this material about the cases where authorized representatives can represent a company’s interests without having a power-of-attorney, as well as how to prove that this authorization is valid.

Business and Life
5
October
2017

The legal nuances of e-commerce

There is now an extremely high level of competition in the field of electronic commerce, expressed mainly by competition to win customers. Along with that, if we speak about the Russian consumer and access to the Russian market, those participating in e-commerce must make sure that they comply with the requirements stipulated in Russian legislation.

EZH-Yurist
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