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31
May
2018

New rules for determining tariffs by the FAS Russia

The draft Federal Law “On fundamental principles of the state regulation of prices (tariffs)” is focused on adaptation of the current legislation concerning regulated activities to the up-to-date conditions and requirements for tariff regulation procedures. The draft is also intended to ensure a consistent approach to the basic rules of tariff regulation in the business activities, which are essentially different, for which the state regulation of prices (tariffs) is reasonably required.
Yuriy Tatarinov, Head of Energy practice
EZH-Yurist
10
May
2018

Letter from the governmental customer: how to recover the cost of works that are not stipulated in contract

The contractor, which renovated a children’s sports school, received a letter from the authorities requesting it to derogate from the provisions of a government contract. “Fixed windows did not allow ventilation of a hall, therefore, bottom-hinged sashes are required”, - the customer explained. The contractor did so but the counterparty then refused to pay for these works. Two instances have agreed with the latter since no supplementary agreement for installation of sashes has been signed. The court of cassation has made things right.
Pravo.ru
28
April
2018

The pattern of interaction between the public and the Federal Bailiff Service is intended to be improved

The draft law, which is focused on acceleration of the procedure for notification of the parties to enforcement proceedings, has been introduced into the State Duma
Stanislav Matushov, Head of Public Law Disputes & Corporate Defense group
Advocate newspaper
30
March
2018

Investors will be attracted by land areas

The draft law providing for favorable conditions of land lease for investors that are ready to fulfil obligations for “long-delayed construction projects” is being considered in the Krasnodar Region. The Administration ensures that the value of compensatory land plots will cover at least half of costs for commissioning the troubled buildings. The market participants treat the taken actions as urgent but lawyers see in the draft law a number of provisions that contradict the provisions of federal legislation.
Igor Chumachenko, Partner, Head of Real Estate, Land & Construction practice
Kommersant
19
March
2018

Tax planning from confectionary world No.1 – unfriendly or aggressive?

The term “aggressive tax planning” is taken in most cases in the context of conceptual off-flavor of its first component, which means “unfriendly”. “The tax planning being unfriendly towards budget replenishment and unfriendly towards common interests”, - that is what is heard here by most of us. However, the word “aggressive” is also used to mean “offensive” and, if this particular meaning is seen in the aggressive tax planning, then the negative sound of these words becomes softer. And, instead of a tax protester, an initiative expert in tax legislation appears, which expert knows how to structure, within legislation, complex transactions in order to make them more expensive.
Yuriy Ivanov, Head of Tax practice
Interfax
13
March
2018

Supreme Court explained the bringing of ultimate beneficiary to secondary liability

The Supreme Court noted that, as a general rule, beneficiary conceals its influence on debtor; therefore, indirect evidence may indicate the bringing to liability
Advocate newspaper
26
February
2018

Supreme Court explained the procedure for filing claims in electronic format

Why do the courts need the applicant’s date and place of birth and his or her TIN (Taxpayer Identification Number)? Any experienced lawyer is aware that, in order to file a statement of claim, it is not required to specify such information. However, if a claim is filed in electronic format, it must contain such information; otherwise, it will not be accepted. Is it lawful? Isn’t it in contradiction with procedural codes? Doesn’t it infringe the civil rights to free access to justice? Supreme Court dealt with these issues.
Victor Petrov, Partner, Head of Litigation practice
Pravo.ru
14
February
2018

Pirates will be removed from applications

The draft law proposing to facilitate the possibility of blocking the mobile applications, which distribute the so-called "pirated content", has been submitted to the State Duma. Experts believe that, in case of its adoption, the blocking of "application stores" may become pre-trial.
Dmitriy Borodin, Project manager of corporate direction
TelecomDaily
22
May
2018

Breaking the deadlock: is it possible to get the apartment purchased not from developer

The failed developer paid to its counterparties in square meters in the multi-storied building to be constructed in the future, and one of the counterparties sold them to individuals, even without receiving the housing under a transfer and acceptance certificate. One of the buyers has not got her apartment and decided to be included on the register of claims for the transfer of apartments. The court of appeal and the court of cassation have dismissed her claims since the scheme was illegal. The Chamber for Commercial Disputes has explained why they were wrong and provided a legal assessment of disputable transactions.
Igor Chumachenko, Partner, Head of Real Estate, Land & Construction practice
Pravo.ru
28
April
2018

Amicable agreements: how to seek for their conclusion in the Russian courts

According to the statistics of the Judicial Department, in 2017, 8% of arbitration disputes (taking into account the appeal and cassation proceedings) and 2.6% of cases in the general jurisdiction courts only were settled by approval of amicable agreements. Why do the parties in judicial disputes solicit a truce so rare? In which cases and at what stage it is easier to reach a compromise? How should the institution of amicable agreements in Russia be reformed in order to make it more efficient? The lawyers, based on their work experience, told about it to Pravo.ru.
Pravo.ru
11
April
2018

Teleconferencing in courts: how it operates and what problems it involves

The use of teleconferencing ensures implementation of a principle of the direct and oral court proceedings. However, such system is not available everywhere, and judges might dismiss a petition for arranging teleconferencing. Another problem is the low video and audio quality wherefore it is sometimes necessary to interrupt broadcasting.
Stanislav Matushov, Head of Public Law Disputes & Corporate Defense group
Pravo.ru
29
March
2018

Qualify it: courts and errors in contract names

The Civil Code does not provide for such concepts as legal qualification or re-qualification of transaction. However, as a matter of practice, the courts have to deal with it frequently – for example, where the parties to a contract, either intentionally or mistakenly, named the contract incorrectly or failed to name it at all. What contracts do courts requalify the most frequently, and what is worth special attention in order to be right about the type of obligation.
Victor Petrov, Partner, Head of Litigation practice
Pravo.ru
14
March
2018

Supreme Court reminded of jurisdiction rules in corporate disputes

The choice of the court of arbitration or court of general jurisdiction depends on jurisdiction of dispute, which jurisdiction is sometimes difficult to determine. Wordings in the law may be vague, and judicial practice may be contradictory. In such situation, the Supreme Court comes to help.

Pravo.ru
12
March
2018

Expert: there are possibilities to cut a property tax

The statement that a property tax must be fair and feasible for citizens was made by Vladimir Putin in his message to the Federal Assembly. What are the possibilities to cut it today?
Igor Chumachenko, Partner, Head of Real Estate, Land & Construction practice
Business FM
22
February
2018

Is modernization at the start again?

Many people think that there is no need to invent something new and that it is worthwhile to further follow the streamlined path that appeared to be more or less successful. Is the question about CDA-2? What are the time limits for its implementation? These issues were discussed by the participants of the round-table meeting "Prospects for development of energy sector: long-term movements" organized by the Committee for Energy Policy and Energy Efficiency of the Russian Union of Industrialists and Entrepreneurs (RSPP) jointly with the association "Council of Power Producers" within the framework of the Russian Business Week.
Alexander Sitnikov, Managing partner
Power and Industry of Russia
12
February
2018

We shall live now in a new way?!

We always consider the New Year as a new life. We welcome it expecting that this year all things will actually go the right way. What is the right way? We decided to ask our experts this question meaning a building industry, indeed.
Legal adviser in construction
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