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9
February

Manufacturer of "Anaferon" stated about a probable claim against the Ministry of Education and Science

Materia Medica Holding announced a legal claim to be the most probable scenario after it has been given the “Negative Award” by the Ministry of Education and Science.

Victor Petrov, Head of Litigation practice
RBC
25
January

How inspectors will be able to recover arrears from the chief accountant

Company officials will bear responsibility for tax debt owed to the budget. The Constitutional Court ruled that it is permissible to recover debt owed by a company from its top management as reimbursement for losses incurred by the treasury. We will get an understanding of the conditions under which the tax authorities will be able to adopt this kind of approach.

Tax disputes
15
January

The Ministry of Justice analyzed the initial results following reforms with arbitration

The agency presented the draft of a report on activities performed by the Council on Improving Arbitration Proceedings, which gives the prospects and risks relating to how arbitration could further develop in Russia.

Victor Petrov, Head of Litigation practice
New Lawyer's Newspaper (Novaya Advokatskay gazeta)
27
December

The “Code” for federal-level and municipal control

New Lawyer's Newspaper (Novaya Advokatskay gazeta) experts analyzed the proposed legislative amendments in detail, and for the most part gave them high marks. Specifically, one of them noted that the bill contains some fairly progressive provisions that channel the control function exercised by the state in a different direction once and for all: preventing transgressions, and not reacting to them when they are committed, will become a high priority, as well as mitigating risks that affect public health, people’s lives, and civil rights and freedoms.

Ilya Shengeliya, Project manager Southern directorate
New Lawyer's Newspaper (Novaya Advokatskay gazeta)
21
December

Deferral of payment for goods sold: when this will be considered as material breach of contract

A company bought equipment from a firm that had gone bankrupt but did not effect payment for it in full in due time. The seller got tired of waiting for the remaining sum and decided to take legal action seeking termination of the purchase and sale agreement. Three courts rejected the plaintiff’s claim on the grounds that the agreement contained a condition stipulating payment of the price of goods sold in installments and the buyer had already paid more than half of the amount due. The Supreme Court of the Russian Federation explained where the lower courts were wrong.

Stanislav Matushov, Senior Associate of Litigation practice
Pravo.ru
11
December

Five decisions made by the highest court

Does the right to pledge arise when the real estate is unregistered? When does a company director need to announce that the company has gone bankrupt? The Russian Federation Supreme Court spoke out about these issues and many others.

RBC
20
November

Pharmaceutical companies need to be more careful when working with people’s personal data

The Federal Service for Supervision of Communications, Information Technology, and Mass Media, after completing a scheduled field audit on Pfizer LLC in September 2017, issued instructions to the company on how to remedy the violations that were discovered.

Pharmaceutical Bulletin
8
November

What the ideal client for a lawyer looks like

Lawyers often get into disagreements with their clients. There can be many reasons why these kinds of conflicts can arise, from inflated expectations to disagreements about money. How can these difficulties be avoided? Who is to blame, and what can a lawyer do if disputes have already arisen?

Pravo.ru
9
February

"Serdyukov’s dacha" is still in civilian life

Arbitration Court will consider an appeal of the Military Prosecutor’s Office in relation to a dispute over the legality of privatization of the land plot located outside Anapa, on which the so-called "Serdyukov’s dacha" is situated. The decision to return the land plot to the state, which was rendered earlier, has been overridden by the Supreme Court; at the new hearings, the court took the side of the land plot buyer, i.e. CityEngineering LLC. The territory in dispute was transferred to the military department in 2010 at the request of Anatoly Serdyukov, Ministry of Defence of the Russian Federation; afterwards, the plot was sold as a non-core asset for 110 million roubles. According to lawyers, the state has legal opportunities to settle the dispute in its favor.

Igor Chumachenko, Partner, Head of Real Estate, Land & Construction practice
Kommersant
22
January

Dismissal on the grounds of redundancy: the procedure, step-by-step instructions

Virtually all Russian companies and sole proprietorships have to dismiss personnel or reduce their headcount. The article governing the procedure for dismissing personnel on the grounds of redundancy contains step-by-step instructions, the conditions for dismissal, and important nuances and features of the process.

Financial Director
11
January

Results for the year and forecasts: what awaits the concept of regulation for the legal services market

By next year, the government is supposed to ratify the concept governing the regulation of the national legal services market. What innovations in the draft for this document are not sitting well with Russian lawyers? Why do international law firms fear that they will have to leave Russia? And will there be enough lawyers for all the country’s residents after a monopoly is introduced? Experts from Pravo.ru respond to these questions.

Pravo.ru
26
December

The Supreme Court: on justice, liens, and bankruptcy

Do lien rights apply to unregistered real estate, and specifically in what cases? When does a company director need to announce that a company has gone bankrupt so that he or she is not suspected of bad faith? When can banks initiate bankruptcy proceedings without a court order, and can the courts check a lease agreement to make sure that it is equitable? Pravo.ru put together an overview of the positions taken by the Supreme Court Economic Chamber over the past year 2017 that mean the most for business.

Pravo.ru
13
December

A company's general director will be responsible for its debt

On December 8th, the Constitutional Court of Russia (CC) published a resolution in which it confirmed the legitimacy of decisions made by the courts that sought to recover corporate debt from company managers. However, in order to penalize someone in the position of general director in this fashion, the court must first exhaust all possibilities to recover the debt from the legal entity, then exclude the legal entity from the relevant register, and only then require that a company manager personally return the debt. 

Moscow's comsomolets
8
December

Officials invented how to weigh investors

Experts are anxious that the idea can retard high-tech projects

Denis Shtirbu, Head of PPP and infrastructure practice
Vedomosti
9
November

The Supreme Court explained what kinds of activities are considered entrepreneurial activity

Some of the disputes about holding companies liable for administrative offenses in accordance with the law should be reviewed by courts of general jurisdiction. However, that procedure is called for in those cases where the administrative offense did not take place during the process of performing entrepreneurial activity. The courts face the issue of determining whether supplying water is considered entrepreneurial activity on the part of a municipal public utility. Two lower-level courts issued their opinion that the answer was no. However, the Supreme Court delivered a different ruling.

Ilya Shengeliya, Project manager Southern directorate
Pravo.ru
27
October

The "compromise option": experts assessed the new way of regulating the legal services market

Experts with Pravo.ru evaluated the new concept for regulating the market involving the provision of legal assistance; it was just published by the Ministry of Justice. Lawyers believe that the updated document represents a compromise, but found that it contained quite a few shortcomings, and even threats to the legal services market in our country. Experts that were surveyed believe that the proposed changes are unlikely to improve the quality of legal assistance in Russia.

Pravo.ru
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