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2
October
2017

Overview of changes in the energy legislation sphere in September 2017

In September 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
28
September
2017

Resolving disputes in foreign arbitration courts: the history of one case

The Moscow City Arbitration Court, in case No. А40-219464/2016 on May 5th, 2017 delivered ruling (after the case was submitted for review again) that refused to recognize and enforce a ruling made by a foreign arbitration court following the petition filed by OOO Kommon Ligal Properti. In this article, we present an analysis of that ruling, which is of key significance for all those who participate in commerce and petition foreign commercial arbitration courts to resolve their disputes.
Victor Petrov, Partner, Head of Litigation practice
EZH-Yurist
15
September
2017

Tax penalties might increase

Letter No. ED-4-2/13650@, dated July 13th, 2017, was sent from the Federal Tax Service to the attention of taxpayers, informing them of the guidelines that were issued by the Investigative Committee of the Russian Federation together with the Federal Tax Service of Russia called “On researching and proving incidents involving intentional failure to pay, or making incomplete payments for, taxes (duties).” This document is not a statute, but it gives an understanding of what action the supervisory authorities will take when they conduct audits.
National Business
12
September
2017

Overview of changes in the energy legislation sphere in August 2017

In August 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
24
August
2017

EU regulations concerning personal data. Risks and recommendations for Russian businesses

The topic of security during the processing of personal data is a high-priority one, both in Russia and abroad. While Russian businesses are becoming accustomed to increased administrative penalties for violating legislation in the area of personal data - under Article 13.11 of the Russian Federation Code of Administrative Offenses – the European Union is getting ready to pass Regulation No. 2016/679 “On protecting individuals while their personal data is being processed, and on the unhindered circulation of that kind of data.” One distinguishing feature of this regulation is its extraterritorial jurisdiction. The fact is that the regulation’s validity applies not only to EU residents, but also to third parties. Large Russian companies are unlikely to ignore the new rules: the penalty for violating them is substantial - up to 20 million Euro or 4% of the company’s worldwide annual turnover for the fiscal year. This article will talk about how the regulation will influence Russian business, how Russian business will get ready for it to be passed, and what the authorities are threatening to do if it is not complied with.
EZH-Yurist
21
August
2017

A review of the changes in legislation in the field of district heating in Q2 2017

In Q2 2017, the emphasis on changes in statutory regulation in the field of district heating was focused on the distinctive features of regulating rates for district network operators, and on certain aspects of the activity performed by companies operating property assets in the area of district heating on the basis of concession agreements.
Yuriy Tatarinov, Head of Energy practice
Energy Market
3
August
2017

Overview of changes in the energy legislation sphere in July 2017

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
2
August
2017

Suspending the performance of reciprocal obligations

When signing a contract, both parties expect each other to fulfill the terms of the agreement that, as a rule, define how they gain mutual benefit (this refers to transactions whose subject matter involves mutual obligations and satisfaction for both parties). But, unfortunately, reciprocal performance on the part of both parties does not always take place. The law provides for mechanisms to protect the interests of the scrupulous party in the transaction, and to encourage each counterparty to fulfill its obligations. Let's analyze how they are implemented in practice
EZH-Yurist
21
July
2017

The financial resources to remedy the consequences of an industrial accident

During work with hazardous production facilities, including hydraulic engineering facilities, there is potential risk in the form of accidents and other emergencies. Currently, there is no unified approach – either in terms of legislation or judicial practice – to how the process of remedying the consequences of industrial accidents is financed, or to how the list of people accountable for remedying these consequences is determined.
Industrial and environmental safety, labor protection
13
July
2017

The complications involved with making a choice

Legislation provides for parties being able to choose which arbitration court of original jurisdiction will review a dispute between them – however, along with that the Russian Federation Arbitration Procedural Code explicitly bans exclusive jurisdiction. It would seem that choosing a court is exceptionally simple. If the parties have agreed to transfer their dispute into the jurisdiction of a particular court, and this agreement does not violate the principle of exclusive jurisdiction, then the plaintiff petitions the court that has been agreed upon. However, this obvious conclusion has not, in practice, been agreed to by the courts for a long time. Russian Federation Supreme Court Ruling No. 305-ES16-20255, dated May 25th, 2017, helped turn the tide.
EZH-Yurist
29
September
2017

Currency clauses: the consequences and risks

A currency clause decreases losses incurred by fluctuations in the exchange rate for an unstable currency. However, judicial practice when resolving disputes that involve this mechanism is not marked by uniformity. That is why, if the relationship has been poorly structured, having these conditions in a contract can cause unfavorable consequences for every participant in the transaction.
Ilya Shengeliya, Compliance Counsel
EZH-Yurist
19
September
2017

How the Federal Tax Service will now prove failure to pay taxes

The Federal Tax Service of Russia, in letter No. ED-4-2/13650 dated July 13, 2017 sent guidelines to its regional authorities that needed to be put in place called “On researching and proving incidents involving intentional failure to pay, or making incomplete payments for, taxes (duties),” which was developed jointly with the Investigative Committee of the Russian Federation. The guidelines describe in sufficient detail the methods that can be employed to prove when there is a failure to pay taxes (duties) – or they were not paid in full – so that parties can be held liable under Article 122, Clause 3 of the Russian Federation Tax Code. This stipulates applying penalties in the amount of 40% of whatever was not paid. In addition, the document’s authors do not conceal the fact that not only are they seeking to increase the amount of the fine imposed under this article, but also that they are counting on improving the prospects involving criminal liability for materials that are sent to the investigative authorities to resolve the issue of whether to file criminal charges.
Financial Director
14
September
2017

Corporate contracts in conformity with Russian law

It is well-known that over the past decade corporate contracts that affect major Russian businesses were signed in keeping with foreign laws. Judging by empirical evidence, English law was the most popular law used to guide most businesses. This practice has developed for various reasons, including the fact that Russian law did not allow commercial arrangements to be solidified in a satisfactory manner at the level of a legally binding contract.
Securities Market
7
September
2017

What is wrong with the reforms made in Russian Federation land law to the institution of public easement?

On June 13, 2017, the Russian Federation State Duma reviewed the bill for a Federal Law that would simply the construction, upgrading, overhaul work, and operations for infrastructure facilities. One of the main challenges that this bill sought to address, as can be easily guessed, was decreasing the time frames, and simplifying the procedures, for approving the construction of infrastructure facilities. VEGAS LEX experts take a look at how reforms made in Russian Federation land law to the institution of public easement are progressing
Igor Chumachenko, Partner, Head of Real Estate, Land & Construction practice
Ekaterina Ivanushkina, Senior associate of Real Estate. Land & Construction practice
Stroy.Expert
22
August
2017

The enforcement order has already been issued. How can the judgment creditor or debtor indicated by it be changed?

After an enforcement order has been issued, frequently the parties will need to change one of the people it indicates. It is impossible to make changes to the enforcement order or ruling delivered by the court. You will have to go to trial again. We conducted an analysis on the mistakes made by companies when they declare the need to switch out the judgement creditor or debtor. We will talk about how to avoid them.
Company's lawyer
21
August
2017

Liability for violating the requirements set forth in the Federal Law “On personal data”

The topic of protecting personal data has become particularly pressing recently. The new provisions pertaining to administrative liability for violating Federal Law No. 152, dated July 27th, 2006, are to blame for that. Starting o July 1st, 2017 some amendments made to the rules in Article 13.11 in the Russian Federation Code of Administrative Offenses entered into force, and they introduce substantial changes into the provisions that determine liability for violating legislation concerning personal data.
Joint Stock Company
2
August
2017

Looking for an equivalent: when form and dosage requirements do not limit competition

Regulatory enforcement practice in the area of public procurement for pharmaceutical drugs is developing dynamically. The diversity of situations in life gives rise to different approaches adopted by law enforcement to interpret existing regulations. From this standpoint, practices observed in June and July 2017 in regard to procuring drugs used to treat tuberculosis are interesting. Specifically, we propose focusing attention on the approach taken by the antimonopoly authorities to evaluating the form and dosage requirements for the drugs that are procured.
Сollective of authors, VEGAS LEX
Medicinskiy vestnik (Medical bulletin)
21
July
2017

Compensation for failure to enforce a court order. Which questions the Supreme Court failed to answer

What factors do the courts take into consideration when determining the size of penalties? Is it possible to apply the amount of a court-sanctioned penalty to a refinancing rate? Will it be possible to reduce the size of a penalty because it is disproportionate to the losses incurred by the plaintiff.
Arbitration practice
20
July
2017

The Supreme Court took a good look at government contracts

On June 28h, 2017, the Russian Federation Supreme Court Presidium sanctioned the Review of judicial practice for the application of Russian Federation legislation in the area of procuring goods, work, and services related to satisfying government and municipal needs. The legal positions taken by the Russian Federation Supreme Court are outlined in the Review regarding a considerable range of issues involving the application of Federal Law 44-FZ, dated April 5th, 2013, called “On the contractual system in the area of procuring goods, work, and services related to satisfying government and municipal needs.” In the publication, we will look at the more interesting legal positions held by the Russian Federation Supreme Court concerning signing, introducing changes to, or terminating government contracts, as well as the process of delivering goods where there is no government contract.
EZH-Yurist
11
July
2017

Questions & Answers

Could you please tell me where it is possible to request a copy of non-residential building design specifications (for research institutes, etc.) if the owner has lost them. Can this be done online?
Zdanie.info
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