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23
June
2016

Gaps are being eliminated, but problems remain

The State Duma Committee voted to adopt, during first reading, the draft law clarifying the possibility of protection from prolonged default in kind. Changes proposed to the Federal Law dated 30.04.2010 No. 68-FZ “On compensation for violation of the right to trial within a reasonable time, or the right to have a judicial act performed within a reasonable time”. We examine the basic provisions of the draft law.
EZH-Yurist
10
June
2016

New rules for the activities of foreign-controlled companies

The goal of de-offshorization is to limit the ability of aggressive tax planning using a foreign element, and for taxing the retained earnings of foreign companies controlled by Russian tax residents. These new changes have affected not only taxpayers using foreign companies for tax planning purposes, but also the work of foreign companies that receive income from Russia.
Сorporate lawyer
30
May
2016

They were not ready

On 30 November 2015, the Russian Government adopted Decree No. 1289, which embodies the concept of the “three’s a crowd” in the pharmaceutical sector. Despite the fact that this format of regulations has been discussed during the last few years, no government customers or suppliers of drugs were ready for the introduction of this document.
Medicinskiy vestnik (Medical bulletin)
24
May
2016

Antitrust Law Enforcement: the EU experience

Competition encourages companies to offer customers products and services on the most favourable terms. In addition, competition encourages innovation and the development of new efficient technologies, and the simultaneous reduction in prices. It is therefore important to focus on anti-monopoly regulations. We look at the experience of the European Union in this area, and pay attention to whether there is any correlation with anti-monopoly law enforcement practices in Russia.
EZH-Yurist
13
May
2016

Development of competition on socially significant markets

Against the backdrop of economic globalization and expansion of international trade resources, the powers of domestic antitrust authorities may not be sufficient to ensure the development and protection of competition, especially on cross-border markets. In this connection, of special importance is interstate cooperation on the basis of bilateral agreements, as well as within the framework of international organizations. In this article, we look at cooperation in the development of competition, carried out within the framework of the CIS and the EEU.
EZH-Yurist
29
April
2016

Coordination of actions as a tax trick

What actions of taxpayers are considered by inspectors as needing coordination? What arguments can be used to help fend off claims made by tax authorities? What will help a company to reduce its tax risks when concluding a contract?

Tax disputes
28
April
2016

When are prices monopolistically too high?

Cases of monopolistically too high prices are one of the most difficult types of situations to deal with by anti-monopoly authorities. This is due to the presence of many practical difficulties, since the anti-monopoly authorities must assess the company’s pricing procedure and then make a decision as to whether it corresponds with the provisions of the Federal Law dated 26.07.2006 No. 135-FZ “On Protection of Competition” (hereinafter the “Law on Protection of Competition”). The situation is complicated by the fact that the Law on Protection of Competition contains only general rules for assessment of price levels, which often cause ambiguous interpretations in practice.
EZH-Yurist
15
April
2016

Protecting the rights of owners of registered book-entry registered securities by filing a claim vindication

Book-entry registered securities and stocks are of particular value for their owners by virtue of their representing large amounts of property, intellectual and corporate rights. For this reason, shares are often the subject to civil law transactions, which subsequently may end up being challenged by one of the parties, for whatever reasons. The problem of protection of the rights of owners of book entry registered securities is now extremely urgent, due to the development of civil law turnover and a significant volume of transactions involving shares.
Victor Petrov, Partner, Head of Litigation practice
Securities Market
8
April
2016

Administrative and judicial control in price regulation in the energy sector: main changes, innovations and trends in legal approaches

Active development and improvement of the regulatory framework in the sphere of tariff regulation in the energy sector, including electricity, heat, gas and water supply, has led to qualitative changes in the state’s approach to the process of establishing regulated prices (tariffs).
Yuriy Tatarinov, Head of Energy practice
Heat supply news
6
April
2016

Overview of the judicial practice in the field of production and circulation of medical products in December 2015, February 2016

In this monthly review, we analyse the judicial practice in the field of manufacturing and circulation of medical products, in order to help industry professionals avoid mistakes in dealing with similar problems.

Remedium
23
June
2016

Weighted average standard of municipal services – Supreme Court of RF against

By virtue of Paragraph 1 of Article 157 of the Russian Federation Housing Code, the amount of payment for utility services is calculated based on the amount of consumed utilities, as measured by meter readings, and in their absence, on the basis of regulations of consumption of utilities, approved by the state authorities of the Russian Federation in accordance with the procedure established by the RF Government.
6
June
2016

Formation of concession conditions: legislative conflicts

Over the past few years, the numbers of developed and launched concession projects have significantly increased, along with which the conditions and legal instruments of concession agreements have grown more complicated, together with other contract documentation. In addition to this, the use of certain contractual arrangements may lead to conflicts with concession and civil legislation and, consequently, increased risks for the parties.
Securities Market
27
May
2016

Harmonization of court levels – changes to practice by the Supreme Court of the Russian Federation

One of the expected outcomes of the abolition of the Supreme Arbitration Court of the Russian Federation (SAC RF) is that reviews of legal positions will now be carried out by Supreme Court of the Russian Federation (SC RF), something that previously was performed during the consideration of specific cases.
Energy Market
16
May
2016

Resolution of deadlocks in project companies

Recently, the topic of resolution of deadlocks has become increasingly important. This is not surprising, if we take into account certain new changes made to contract law, which have appeared in the course of the current reform of civil legislation, as well as a number of resonant judicial acts that form the basis for further development of legal practice on this subject.
Joint Stock Company
13
May
2016

Factoring in state purchases – first the chairs, then the money

Despite the fact that factoring is not a new institution for the Russian legal system, it is still rarely used by Russian companies, while its use in the field of public procurement can be counted on the fingers of one hand, and in most cases it does not occur without litigation at the execution stage. We look into the reasons for this.
EZH-Yurist
29
April
2016

Jurisdiction in disputes related to state regulation of electrical energy tariffs, in the light of the adoption of the Administrative Procedure Code

In the last few years, legislation has undergone a series of procedural adjustments, which determine the fundamental changes in the practice of appealing regulated tariffs through the courts.
Evgeniy Rodin, Partner, Head of "Resources. Industry. Restructuring"
Energy Market
21
April
2016

Forced licensing

Over the past few years, in the pharmaceutical sector there have been live discussions taking place on the possibility of introducing compulsory licensing for the purposes of regulatory practice, with the goal of reducing drug prices and increased access to treatment by the population. Some experts referred to the positive examples of international experience in the application of compulsory licenses (India, Thailand, Brazil, etc.), drawing analogies between the markets of developing countries and the market of the Russian Federation. At the same time, extreme caution needs to be used when borrowing solutions from international experience, regarding the use of compulsory licenses.
EZH-Yurist
11
April
2016

Environmental underside of the shale revolution

This article will address the environmental aspects of shale gas, including describing the character of the new production technologies (hydraulic fracturing and horizontal drilling), its environmental risks, as well as the reasons for such a rigid form of legal regulation of environmental requirements – as the complete bans on shale gas in a number of countries. This very private, but very eloquent example, will allow us to come to the logical conclusion that sometimes a total ban is really necessary, and sometimes the only way to regulate environmental risks in the energy sector.
6
April
2016

Major trends in IP practices in the pharmaceutical sector

Protection of intellectual property is a necessary foundation for the development of innovation in the pharmaceutical industry. The effectiveness and scope of patent protection, which are provided to developers of drugs, are extremely important to bring to market new treatment technologies. The higher the regulatory guarantees of protection of exclusive rights, the greater the incentives created for innovative manufacturers to invest into the development of new and improvement of existing drugs. However, in many respects, the effectiveness of patent protection depends on enforcement practices in a particular sector of the economy. In this regard, it is important to monitor the dynamics of the main approaches of courts of different levels when it comes to resolving patent disputes in the pharmaceutical sector.
Remedium
1
April
2016

CFC: amendments in 2016

Law No 32-FZ “On Amendments ...” was signed on 15 February 2016. Amendments were made to the RF Tax Code related to the taxation rules for controlled foreign companies (CFC), tax residency status of organizations, as well as the special characteristics of claiming tax benefits provided under international agreements on the avoidance of double taxation. The bulk of these amendments shall enter into force on 15 February 2016. Some rules, in particular those regulating the procedure to follow for confirmation, by foreign legal entities, of the right to use tax benefits, shall enter into force on 01 January 2017. Certain rules will apply retroactively to legal relations arising as 01 January 2015. We discuss these latest changes.

EZH-Yurist
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