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23
October

Will SPIC's shield their parties from new price setting methods? It is an open-ended question

As the week draws to a close, an event occurred that the pharmaceutical industry had been waiting for in the course of more than one year. The Russian Ministry of Industry and Trade signed special investment contracts (SPIC's) with the Russian divisions of AstraZeneca and Sanofi. It should be that since the contracts are signed, this means that all issues have been resolved - but it meant nothing of the sort.

Сollective of authors, VEGAS LEX
Pharmaceutical Bulletin
5
October

The Law Commission on Import Substitution will supervise heavy vehicle procurement under Federal Law 223

State-run companies will have to coordinate the work they perform related to procuring watercraft and aircraft with the Law Commission on Import Substitution. The relevant changes will be made to the amendments to be introduced into Federal Law 223 in the near future. Before October 12th, agency departments will not have to heed the regulation on coordinating procurement work with the Commission – but only in the framework of investment projects. Experts talked about whether this means that state-run companies will be obligated to coordinate all procurement activity, and what, in this case, is meant by the term investment project.

Trading is appropriate
29
September

And don't collude

The Ufa municipal administration and business owner Damir Muginovintend, via the arbitration courts, to exonerate themselves from suspicion involving concerted action, whereby Mr. Muginov received a plot of land for 15 million rubles on Zorge Street that he, in turn, resold for 140 million rubles. The Federal Antimonopoly Service of the Russian Federation declared the mayor’s office and Damir Muginov participants in this act of collusion in June. If the authority’s ruling enters into force, the parties to this unlawful agreement will pay major fines, and this raises the specter of disqualification for bureaucrats in the mayor’s office.

Kommersant (Ufa)
5
September

Russia disputes report: Seeing red

While the landscape of Russian litigation has seen a major shift into the bankruptcy arena CDR finds that new arbitration reform, as well as increasingly robust regulatory powers, should keep practitioners busy for the foreseeable future.

Victor Petrov, Head of Litigation practice
CDR magazine
24
August

The Federal Antimonopoly Service discovered 205 cartel agreements over the first half of this year

Over the first half of this year, the number of cartel agreements brought to light by the antimonopoly authority grew by 22%, to 205; most of them had to do with collusion during the bids, the Federal Antimonopoly Service told RNS.

Rambler News Service
21
August

Russian energy giant files claims against Georgia

In a dispute emphasising the importance of drafting investor-state agreements carefully, a major Russian energy company and some of its subsidiaries are seeking compensation for losses, alleging that Georgia had breached its contractual obligations.

CDR magazine
9
August

The Supreme Court set restrictions on antimonopoly control over procurement

The Supreme Court explained why it ruled that Alrosa was right in its dispute with the antimonopoly authorities. The company was looking for a contractor that would build a motor vehicle road for it up to an oilfield in northern Siberia, and during the procurement process it put forth a series of requirements for the contractor: it banned any subcontracting, and required a bank guarantee issued by a bank of its choice. The authorities decided that these conditions were unlawful because they restricted the number of participants in the procurement process. However, the Supreme Court arrived at the opposite opinion. The explanations it gave might be heartening for lawyers working for companies acting in the capacity of customers.

Pravo.ru
25
July

Mismanagement company: what to do if your payments for housing and utilities services are going down the drain

Debts for housing and utilities in Russia, according to the Ministry of Construction, have reached 1.34 trillion rubles. However, more than half of that amount is not owed by property owners, but by management companies. Material from RIA Novosti talks about why this is bad for those who pay for their utilities on time, and what you should do if your management company is not handling its obligations.

Yuriy Tatarinov, Counsel, Energy Practice
RIA News
16
October

The parties have agreed to litigate abroad. When can that fact be ignored, and a Russian court petitioned instead?

How can a Russian court review a dispute if the parties have agreed to litigate abroad? What kind of disputes cannot be resolved in a foreign court? How can the jurisdiction of the dispute be determined if the plaintiff decided to sue in Russia?

Arbitration practice
29
September

Lawyers comment on the idea of a mandatory legal education for representatives in court

Pavel Krasheninnikov introduced a bill to the State Duma that caused heated discussion among lawyers and drew sharp criticism from the Russian Federal Chamber of Attorneys. The deputy proposes that those who do not have a higher legal education – and are not especially accredited by an organization chosen by authorities - not be admitted as representatives in court. The website Pravo.ru asked representatives of the profession to respond with their thoughts about the idea.

Victor Petrov, Head of Litigation practice
Pravo.ru
7
September

Fly-by-night companies: how can a dangerous counterparty be identified?

Virtually any company that is not too careful when selecting a counterparty risks running across a fly-by-night organization. Entering into relations with these kinds of companies is fraught with risks: commercial, tax, and even crime-related. The GARANT.RU web portal, based on an analysis of judicial practice and opinions given by practicing lawyers, came to understand how to identify an unscrupulous company and avoid contact with it.

Yuriy Ivanov, Head of Tax practice
GARANT.RU
25
August

Beating the Central Bank: the mission is doable

According to statistics put together by analysts at Pravo.ru, over the past 5 years commercial banks have started to take the Central Bank to court more frequently. If there were only 53 of these kinds of cases back in 2013, just five years later their number has increased to 105 disputes. Despite the seeming “infallibility” of the regulatory authority, during this kind of litigation banks can still manage to prove the illegality of certain actions taken by the Central Bank, and get back their licenses. You can read in our materials how, thanks to this, lending organizations were able to beat the Central Bank in court.

Pravo.ru
21
August

Chief accountants will make more frequent payments for organizational debt

Chief accountants and finance directors are now included in the list of people on whom responsibility for debt can be shifted during bankruptcy proceedings.

Tatiana Svetlova, Senior associate of Volgograd directorate
Glavbukh
16
August

Arbitration proceedings: there are no precedents yet, but you hang in there

Six months have passed since the time when legislators started to allow transferring certain corporate disputes over to the arbitration courts for review. This means disputes that are connected with creating, reorganizing, or dissolving a legal entity, that have to do with claims filed by one participant in the legal entity vis-à-vis his/her legal relationships with other parties, that concern appeals filed for decisions made by the legal entity's board of directors, and others. These disputes can be only be given over for review to an arbitration court that has the status of being an arbitration institution that operates on a permanent basis, with fully-developed, published Rules governing corporate disputes, and given the existence of an appropriate arbitration agreement.

Pravo.ru
25
July

The claim filed by Yugra against the Central Bank: lawyers evaluated each side’s chance for success

The Yugra bank, which by now has collapsed, is trying to use the courts to appeal a decision by the Central Bank to introduce an interim administration for it. The prospects for further developments are difficult to assess, lawyers acknowledge, although practice shows that it is almost impossible to win a battle with a regulatory authority, and the situation is unprecedented because now the Prosecutor General's Office has intervened.

Victor Petrov, Head of Litigation practice
Pravo.ru
20
July

Lawyers tested the new service provided by the Federal Tax Service that discloses information on companies

The Federal Tax Service decided to “increase the level of transparency concerning legal entities in an unprecedented manner”, and to accomplish this it started an electronic service for businesses called “Transparent Business.” Owing to that, now the public can access information on whether or not a company has debt, as well as see a company’s income and expenses and its headcount. The website Pravo.ru proposed that lawyers test the system and talk about whether it will help prevent contact with companies that aim to defraud people.

Natalia Malilkova, Associate of Volga directorate
Pravo.ru
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