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1
February
2018

Overview of changes to legislation in 2017: summary

In the preceding year, we regularly advised you of the most significant legislative changes that develop legal regulation and business environment in the country. In this overview, we shall summarize and submit for your consideration the new laws and other regulatory legal acts published in 2017, which will be of interest to business representatives of various industries and business areas.

Alexander Sitnikov, Managing partner
Business of Russia
25
December
2017

Overhead power lines as movable and immovable property assets

This article intends to examine the cases where overhead power lines are considered movable or immovable property

Energy Market
20
December
2017

Liability of the employer for the damage caused by his employee: the practice of application

Circumstances often arise where damage is caused by a natural person when performing his/her duties in the course of an organization’s regular business activity. For example, this could be damage as a result of an accident caused by the actions of an employee-driver (one of the most common causes of damage) or liability for sudden breaking off of negotiations, which is still new for civil law relations in Russia.

Financial Director
14
December
2017

Anonymizers and VPN services are banned. How can the new rules serve corporate goals?

Not that much time is left before the new federal law enters into force known as the law that bans anonymizers and VPN services. This means a ban on using technologies, information systems, and programs that permit users to circumvent blocked websites and gain access to information resources with banned content with restricted access in Russia. Media outlets around the world were quick to compare the series of Russian banks with the Chinese Golden Shield Project, which provides for a system of filtering Internet content and blocking mobile applications and services that offer VPN services, or instructions on how to enter the Internet anonymously. 

Bank Review
13
December
2017

Cloud technologies and personal data

Cloud technologies today are not considered something new or supernatural. The concept of cloud computing, which appeared in 2006, has thoroughly penetrated into a wide range of IT areas, affecting changes in the approaches adopted by companies to conduct business. Cloud services and technologies, due to their flexibility, as well as the absence of something like it anywhere in the world, have become in very high demand on the market. We can just take the growth of business investments in cloud infrastructure and services, which, according to assessments done by experts, will reach unprecedented scopes by 2019 - 312 billion dollars - and grow yearly by 15%.

Joint Stock Company
1
December
2017

Protection of personal data: first results and prospects of legal actions

Today protection of personal data is a very topical subject. It is related not only to flash-like development of Internet technologies and globalization in general, but also to the need to protect the right of individuals for private life. Spread of cloud technologies, emergence of Big Data, transborder transfer of personal data offer new challenges both to the legislator, and to the courts in consideration of disputes on protection of personal data.

Joint Stock Company
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
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
15
January
2018

Overview of the Federal Law "On licensing activities involving the supply of electricity"

Federal Law No. 451-FZ (hereinafter Law No. 451-FZ), which entered into force on December 29th, 2017, introduces amendments into Federal Law No. 35-FZ (hereinafter Law 35-FZ) called "On electric power," as well as into the Russian Federation Code of Administrative Offenses (KoAP RF) for issues involving licensing the supply of electric power, and when administrative liability arises for violating the conditions that apply to performing activities supplying electric power.

Yuriy Tatarinov, Head of Energy practice
BigpowerNews
21
December
2017

New Year marked by restrictions

One sees an interesting logic applied by the Russian legislators when preparing draft laws in the sphere of information technology, protection of information and personal data. Having no intent to catch up with the rapidly developing digital technology and trying to fight cybercrimes at the same time, the legislators have thus far taken a “prohibitive” approach in the sphere of drafting laws, as well as in law enforcement practices. We will try to show you this using the examples in this article.

EZH-Yurist
18
December
2017

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
13
December
2017

The Russian Federation Constitutional Court on re-examining newly discovered evidence

On October 17th, 2017, the Russian Federation Constitutional Court delivered Resolution No. 24-P "On the case involving verifications in connection with complaints lodged by people in regard to the constitutionality of Clause 5, Section 4, Article 392 in the Russian Federation Civil Procedural Code" (hereinafter the Resolution dated October 17th, 2017). In its reasons for judgment for this Resolution, the Russian Federation Constitutional Court demonstrated, in our opinion, an extremely high level of jurisprudence, examining issues  of legal doctrine using analysis, in particular after analyzing the Russian Federation Constitution, the Convention for the Protection of Human Rights and Fundamental Freedoms, the Federal Constitutional Law No. 3-FKZ, dated February 5th, 2014 "On the Russian Federation Supreme Court," practices by the European Court of Human Rights, and practices by the Russian Federation Supreme Court itself. We will analyze this document.

EZH-Yurist
5
December
2017

Overview of changes in the energy legislation sphere in November 2017

In November 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
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

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
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