Analytics Publications Commercial practice

8
August

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
7
November

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.

Ksenia Podguzova, Senior Associate of Commercial group
Bank Review
11
October

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
24
August

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
4
July

Such different kinds of interchangeability

Interchangeability regarding medicinal products contains many facets. Today, we will look at one concerning procurement not for inpatient treatment, but for providing people with preferential outpatient treatment (outside the hospital).

Сollective of authors, VEGAS LEX
Medicinskiy vestnik (Medical bulletin)
5
April

From the patient to the budget and back again

The law obligates government buyers to procure medicinal products according to their INN (International Non-Proprietary Name). Law enforcement officials continue to argue about the degree to which the current rules of law allow for exceptions. However, the question must be put another way – which decision best suits the patients’ interests?

Pharmaceutical Bulletin
22
February

The third exception

As is well-known, as per the provisions in federal law №44-FZ, a customer is obligated to procure pharmaceutical drugs in accordance with their international nonproprietary names. There are only two exceptions - medications from a list, which has not yet been approved, of pharmaceutical drugs whose purchase is to be made in accordance with their tradenames, and medications for the treatment of life-threatening situations. However, even in 2007 there was an approach that formed in judicial practice that allows the purchase of the tradenames insulin and cyclosporine.

Medicinskiy vestnik (Medical bulletin)
21
November

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
October

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
29
September

Special investment contracts: requirements and preferences

Special Investment Contracts (SPICs), a relatively new form of incentive to invest in Russian industry, were introduced by amendments effective from 30 June 2015 to Federal Law No. 488-FZ of 31 December 2014, "On industrial policy".

ezh-Yurist
18
December

Compliance with the legislation on personal data in banking

The topic of regulation and protection of personal data is becoming more and more important every year, having its own specifics in the different fields of activity of the operators of personal data. The problems, gaps in the regulation of personal data and the disputes arising therefrom have their own specifics in banking as well.

Internal control in a credit institution
26
October

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
5
October

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
20
July

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
3
May

Implementing the Protocol for the compulsory licensing of pharmaceuticals for WTO members will require the introduction of a comprehensive set of amendments into Russian Federation legislation

On April 24th, 2017, the Russian Federation Government's Committee on legislative bills approved a bill to adopt a protocol to amend the WTO agreement that will, in the future, allow WTO members to issue compulsory licenses to produce pharmaceutical drugs for export and, if necessary, to invoke immunity when other WTO members challenge their actions. However, according to one expert, achieving the goals that have been declared is not an unambiguous process – especially because applying suitable mechanism will entail a comprehensive set of amendments to current Russian Federation legislation.

Remedium
4
April

The subtleties of licensing induced abortion services

Induced abortion is a type of medical intervention, and is subject to medical licensing regulations. At the end of 2016, the Russian Federation government made changes in the procedure for obtaining abortion licenses, and gave medical organizations a year to adapt to the new requirements. What needs to change because of this, and what further steps are required from medical clinic directors?

Medicinskiy vestnik (Medical bulletin)
14
December

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.

Ksenia Podguzova, Senior Associate of Commercial group
Heat supply news
11
November

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
5
October

Elusive preference

Russian manufacturers of drugs, involved in public tenders, have had a 15% preference when it comes to pricing for quite a long time already. However, in connection with the adoption of additional measures to stimulate the localization of production, the question of determining the country of origin of goods has become particularly relevant. In recent years, practice has shown that certain contradictions exist in the approach to addressing this issue on the part of law enforcers.

Medicinskiy vestnik (Medical bulletin)
26
September

Loan or lease?

The need to purchase hardware or specialized equipment often puts business before a choice – take out a loan or lease what is required.

Tatiana Svetlova, Senior associate of Volgograd directorate
National Business
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