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22
December
2016

Review of legislation key amendments in the electric power industry sector in 2016

The main legislation amendments in the electric power industry sector in 2016 to a greater degree raised legal issues of grid organizations functioning. In particular, the legislator has specified features of calculation and rates application for services on electrical energy transfer and issues of the specified organizations cooperation with the applicants within the technological connection procedures.

Yuriy Tatarinov, Head of Energy practice
Energy Market
14
December
2016

Changes in legislation on procurement: new regulations for unitary enterprises

This summer, they enacted Federal Law dated 03 July 2016 No. 321-FZ "On Amendments to Certain Legislative Acts of the Russian Federation on the procurement of goods, works and services for state and municipal needs and the needs of specific types of legal entities", which provides for the transition of state and municipal unitary enterprises to the contract system of procurement.

Heat supply news
14
December
2016

Clarification of the law distorts its meaning and threatens fines. Five reasons to challenge it

The main question is – what circumstances will help challenge an act containing regulatory measures? What to do if the law is contrary to certain provisions of the disputed document? Should it be appealed in its entirety or in part? Solution: seeking to have an act containing regulatory measures recognized as invalid, can be based on procedural and substantive grounds. If the government agency has violated the procedures to issue the act, the court will satisfy the claim. However, to win the argument, it is better to put forth the maximum number of arguments. For example, to reveal contradictions in the contested act, to involve a third party in the case, which will provide an explanation as to the non-compliance of the act to the law.

Company's lawyer
5
December
2016

Unilateral refusal of a customer to fulfil an electric energy supply contract

Ruling of the Supreme Court dated 25.08.2016, No. 310-ES16-1135 in case number A68-5615/2014

Energy Market
21
November
2016

Russian pharmaceutical market today and tomorrow – legal overview

The Russian pharmaceutical market is one of the fastest growing in the world, and it has always been attractive for foreign pharmaceutical manufacturers. However, a policy on import substitution, defined in the State Program "Development of Pharmaceutical and Medical Industry for 2013-2020," resulted in elaboration of several restrictive initiatives. At the same time, certain new regulatory instruments were introduced to create additional incentives for localization and investments. Therefore, the key purpose of this overview is to describe the main regulatory trends, associated legal risks and opportunities for pharmaceutical manufacturers in 2016-2017 in Russia.

The Pharma Letter
17
November
2016

Creditor-debtor relations

The RF Supreme Court continues its work on analysing judicial practice. In October, it released Review No. 3 for 2016. Among other things, much attention in the Review is devoted to legal disputes involving creditor-debtor relations under the jurisdiction of the Judicial Collegium of Economic Disputes of the RF Supreme Court.

EZH-Yurist
11
November
2016

Review of legislative changes in June-August 2016

In the new review, we present some of the most important changes that have taken place, mainly in the field of procurement and trade, as well as those aimed at the establishment of additional measures to counter terrorism and ensure public safety.

Alexander Sitnikov, Managing partner
Business of Russia
10
November
2016

RF Supreme Court: continuity slows down the process

On 25 July 2016, the Supreme Court of the Russian Federation introduced a bill in the State Duma calling for a number of significant amendments to the Civil Procedural Code of the Russian Federation (CPC RF). As it was stated in the explanatory memorandum, the amendments are aimed at improving procedures when considering civil cases. One of the main changes is the removal of the principle of continuity of the trial from the CPC RF.

EZH-Yurist
8
November
2016

Overview of changes in the energy legislation sphere in October 2016

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
17
October
2016

Alcoholic beverages: production, circulation and advertising

Representatives of the alcohol business sector regularly face a number of legal restrictions and new rules and regulations, which they need to adapt to. It is obvious that the requirements for companies working in the alcohol market will only get tougher, given that the trend to reduce alcohol consumption in the country continues. In this regard, in this article, we will discuss questions in the sphere of production and turnover of alcohol products, such as the regulatory framework for these activities, urgent problems faced by this business sector, especially the advertising of such products, new developments in the field of legal regulation, structural measures undertaken to reform Russian legislation, in order to reduce alcohol consumption.

EZH-Yurist
21
December
2016

To sum up

What events in 2016 had the greatest impact on the industry development, and how it affected the work of energy providers?

Yuriy Tatarinov, Head of Energy practice
Energy Market
14
December
2016

Recovery of damages from the issuer and registrar for improper cancellation of shares

The “heyday” of corporate conflicts, related to theft and other cases of improper cancellation of shares, took place in the 2000s. Back then was formed the main layer of legal approaches of the courts to such disputes, and the nuances of protecting the victim shareholders. If unable to get back their shares from the issuer, the affected shareholders, in general, resorted to the universal path of defending their legitimate interests – seeking damages to be reimbursed by the company and/or the registrar. Today, cases involving the recovery of such losses have become much fewer. However, in practice, during consideration of similar disputes arising today, the courts still can view such issues differently. Always remain relevant the questions of correctly determining the amount of compensation that should or may be recovered through the court for unreasonable transactions with shares in the shareholders register.

Maxim Grigoryev, Partner, Head of Southern directorate, Head of special projects
Joint Stock Company
14
December
2016

Legal analysis of the draft rules on competitions for the assignment of guaranteeing supplier status

The RF Energy Ministry has developed a draft document of Rules on competitions for the assignment of guaranteeing supplier (GS) status.

Yuriy Tatarinov, Head of Energy practice
BigpowerNews
5
December
2016

Review of legislative changes in the energy sphere in October 2016

In October 2016, the focus of changes to normative regulations in the energy sector was directed on the specifics of activities of network organizations. In particular, they tightened the criteria for classifying owners of transmission facilities as network organizations, corrected was the procedure of technological connections to electric networks, in order to strengthen accountability for delays in the implementation of technological connection measures, and adjusted was the procedure for calculating the amount of electric energy losses during transmission through electric grids of territorial grid organizations. In addition, revised were the standards for assigning the status of a guaranteeing supplier to an organization, the definition and (or) change in the boundaries of the zones of activity of guaranteeing suppliers.

Yuriy Tatarinov, Head of Energy practice
Energy Market
21
November
2016

Plenum of the RF Supreme Court clarifies provisions of the Administrative Procedure Code. What has emerged in this new regulation

When is it possible to notify persons, involved in a case, through SMS messages and e-mail? What provisional protection measures can be used in court? What means can the court use to limit a participant’s presentation?

Evgeniy Rodin, Partner, Head of "Resources. Industry. Restructuring"
Arbitration practice
16
November
2016

Changes to Tax Code in 2015-2016

The years 2015 and 2016 saw many changes in tax legislation, about which numerous articles have already been written and lots of commentary generated. Therefore, we will focus on the major innovations of income tax legislation for 2016, which had the greatest impact on the majority of credit institutions, and turn our attention to the court practice, which only began to form after changes were made to the Tax Code of 2015.

Bank Review
11
November
2016

Prospects for SPIC in the pharmaceutical sector

One of the instruments to promote localization, in accordance with the Federal Law dated 31.12.2014 No. 488-FZ "On Industrial Policy in the Russian Federation", is the special investment contract (hereinafter the “SPIC”). The SPIC mechanism can be implemented in a variety of industries, including the pharmaceutical sector and the medical devices manufacturing sphere.

EZH-Yurist
9
November
2016

Employment of foreign nationals in 2017: A reminder for companies

The norms of Russian legislation also apply to employment relationships involving foreign citizens. However, the employment of foreign citizens in 2017 has some unique features, the most important of which we consider in this article.

Financial Director
2
November
2016

What tax dangers are hidden in disqualification

As of April of this year, a new kind of responsibility for repeated flagrant violation of the requirements for accounting was established by the Administrative Offences Code of the Russian Federation, it’s disqualification. Earlier, this measure was used, for example, if a person interfered in the legal activities of inspection staff, committed violations during bankruptcy proceedings, etc. Today, it is much easier to fall afoul of the authorities – just make a mistake in the accounting records, or fail to provide all required documents. Moreover, the danger does not lie so much in the disqualification, as with transactions with entities, who find themselves on the side-lines.

Tax disputes
17
October
2016

Supreme Court of the Russian Federation explains how to sue under the new Code

In September of 2015, the Administrative Court Procedure Code of the Russian Federation was enacted, which raised many questions from the side of lawyers, and servants of Themis. The Supreme Court has decided that one year is enough time to sum up the preliminary results of the implementation of this significant new legislation – as separate administrative proceedings. The result of this analysis was the adoption of the Resolution of the Plenum of the RF Supreme Court dated 27.09.2016 No.36. The journal’s experts comment on its main provisions.

EZH-Yurist
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