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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
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
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
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
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
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)
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