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17
July

At the INNOPROM-2017 forum, Maxim Grigoryev talks about the problems concerning investors involved in special interest contracts

As part of the roundtable held by the Russian Union of Industrialists and Entrepreneurs called “The usefulness and relevance of special interest contracts as an instrument of industrial policy,” VEGAS LEX Partner and Head of special projects Maxim Grigoryev pointed out a number of problems that have been encountered by investors - and which investors continue to encounter – who choose to sign special interest contracts. Maxim Grigoryev discussed them in detail with the Russian Federation Deputy Prime Minister of Industry and Trade, Vasiliy Osmakov, and made proposals how to remedy them.

6
July

"Profanation, not codification": lawyers assessed the amendments made to the Tax Code concerning unjust enrichment

Today, during the second, most important, reading the State Duma passed a bill for amendments to the Tax Code that specify those cases when a company is not entitled to lower tax rates or get a tax credit for VAT. This represents, in effect, taking the provisions in Resolution No. 53 concerning tax benefits passed by the Russian Supreme Arbitration Court and carrying them over into the Tax Code. However, lawyers questioned by the Pravo.ru website note that this is not the most well-executed attempt made by lawmakers – they have changed the conceptual framework, and not for the better, and the text of the amendments contains blatant slipups and inconsistencies. But the main thing that experts note is that an important assurance was excluded from the bill previously called for by the Supreme Arbitration Court and regulatory enforcement practice – the presumption of good faith on the part of the taxpayer.

Yuriy Ivanov, Head of Tax practice
Pravo.ru
4
July

Reforming price setting in the construction industry: experts talk about the launch of the Federal Government Information System

Last year, the Russian Federation Ministry of Construction, Housing, and Utilities implemented reforms regarding price setting in the construction industry, and announced that it was switching over to a model for design engineering based on available pools of resources. Creating a Federal Government Information System for Price Setting in Construction (FGIS TsS) will cost the state budget 180 million rubles. Glavgosekspertiza is the authority responsible for putting it in place. There are just a few month left before FGIS TsS is launched – the system should start working by the end of September 2017. STROY EXPERT questioned industry participants and community experts about their attitude toward the introduction of this system to set prices in construction, and whether implementing it will really permit work to be streamlined, preclude errors during the process of rate setting, and regulate activity performed by construction resource suppliers.

Stroy.Expert
30
June

A community of vershoks (unit of length) and roots

In the beginning of 2016, Tatyana Golikova, who is the head of the Auditing Chamber, reported that the level of depreciation for fixed assets belonging to organizations that provide healthcare and social services is 57.4%. Against the backdrop of poorly equipped facilities and a reduction in budget financing for medical institutions, the authorities are increasingly considering partnering with private investors as an opportunity to develop new projects and modernize old facilities. For now, the most widespread form of agreement for implementing this is the concession agreement, since business can better understand the rules of the game and the advantages of cooperation. However, the arrangements for distributing rights and responsibilities entail a much wider scale, but so are the prospects for this kind of collaboration taking root, depending on the region.

Irina Dolgikh, Senior associate of PPP and infrastructure practice
Kommersant (St. Petersburg)
26
June

It is time to take the helm

Government support for investments is finally turning its gaze toward the capital markets. We will have the chance to rebuild our infrastructure and stir up the bond market.

Maxim Grigoryev, Partner, Head of Southern directorate, Head of special projects
Expert
15
June

Two people emerged from a chest: 10 questions concerning the abundance of company directors

How can corporate conflicts be prevented if a business has two founders that have equal rights? They can each put their own general director in place to protect their interests. Experts told us about companies where introducing that kind of mechanism could be convenient, when it might not be worth the effort, listed the advantages and disadvantages of this business model, and offered advice on how a counterparty should behave when a company has several directors.

Maxim Grigoryev, Partner, Head of Southern directorate, Head of special projects
Pravo.ru
9
June

Experts suggest ways to improve the system to combat cartels

Medicinal products and medical equipment, according to the Federal Antimonopoly Service, occupy one of the top positions on the list of commodity markets that are most susceptible to cartel collusion. Recently, the antimonopoly authorities presented a system, one that possesses multiple parameters, for identifying cartels during electronic bidding. With the help of this program, it is possible to identify and prove, while located at a distance, the existence of cartels in electronic bidding in any region or industry. "FV" asked industry experts how to improve the fight against cartels.

Pharmaceutical Bulletin
29
May

Terminating an employment contract by mutual agreement of the parties

In this article, we examine the specific features of terminating an employment contract by mutual agreement of the parties: who has the right to terminate the contract and on what terms, whether it is possible to revoke a dismissal accomplished by mutual agreement, and whose side the courts usually take. Experienced lawyers will give advice and recommendations on how to do everything properly and in accordance with the law.

Financial Director
13
July

Housing and utilities without a “back porch”

As of today, having energy suppliers sign direct contracts with the end users of utility services is the most effective way to ensure financial discipline vis-à-vis these end users; this was the opinion arrived at by participants at a roundtable “Delinquent payments for housing and utilities: judicial practice and high-priority issues in 2017”, held by Kommersant-Yug in the Rostov Region Industry and Trade Chamber. This boils down to managing companies not being able to handle the job they have concerning collecting payments from the general public – not only because they are not transparent, and because their own actions are not exactly legal, but also due to the fact that they do not have enough resources.

Ilya Shengeliya, Project manager Southern directorate
Kommersant (Rostov)
5
July

Arbitration authorities in The Hague will tackle matters regarding the Crimea

The Permanent Arbitration Court in The Hague decided that it has the right to review the claim filed by the Ukrainian company Ukrnafty against Russia to recover compensation due to the fact it lost gasoline stations in the Crimea. The Russian side, which called into question the court’s jurisdiction during the process, decided not to participate in the proceedings at all. The lawyers questioned by Kommersant note that Russia has already had success contesting the jurisdiction of The Hague Permanent Arbitration Court in a case that involved YUKOS.

Kommersant
3
July

Gazprom did not concur with its arbiters

Gazprom called the reasoning put forth by the Stockholm arbitration representatives concerning its dispute with Naftogaz Ukraini, even though the mutual requirements would have led to a net balance favorable for the Russian company. Now the Russian monopoly will challenge the decision in Swedish court. According to lawyers, Gazprom might try to prove that the arbiters overstepped the bounds of their authority. Another goal for Gazprom might be to put pressure on Naftogaz, with whom it is now holding talks about how exactly the principles laid out in their preliminary decision will be put into practice.

Kommersant
29
June

The Constitutional Court deemed legitimate the provision in the Code of Administrative Offenses concerning the mandatory disqualification of insolvency receivers

An insolvency receiver made two mistakes that deprived her of the right to continue her activity for six months. During the appeal, the “trinity” of judges all of a sudden had doubts that the punishment was fair, and so they turned to the Constitutional Court. What came out of that can be read in the materials on the Pravo.ru website.

Pravo.ru
26
June

Saint Petersburg International Legal Forum digest

The Forum’s esteemed participants and partners in the Forum shared their impressions about this past VII Saint Petersburg International Legal Forum

Maxim Grigoryev, Partner, Head of Southern directorate, Head of special projects
PILF Digest
14
June

He does not owe you anything: how to determine unscrupulousness in bankruptcy cases

Increasingly, debtors are initiating bankruptcy so that they do not have to repay their debts to banks, experts at the website Pravo.ru note. The courts, when possible, try to thwart people from abusing the system this way, but another problem arises along with that: how to determine dishonesty on the part of debtors. The Supreme Court Judicial Chamber on Economic Disputes demonstrated this using the example of an entrepreneur from a village in Altay Region. Experts at the news publication offered their advice to business owners who are about to go bankrupt.

Tatiana Svetlova, Senior associate of Volgograd directorate
Pravo.ru
6
June

Lawyers vs. Banks: should the bankruptcy law be changed because of people who dodge loan payments?

Increasingly, Russian citizens are declaring bankruptcy to avoid their credit obligations. Bankers, concerned about this trend, spoke out in favor of stiffening the penalties for unscrupulous debtors during bankruptcy proceedings, as well as expanding the list of justifications for them to refuse to write off debts. Representatives from the legal community believe that this is not necessary: the list is already extensive enough, and in their opinion only legal practice, which is gradually taking shape on this issue, can turn the tide. At the same time, lawyers have many questions for the banks themselves because, in their opinion, they do a bad job at checking loan recipients.

Pravo.ru
22
May

Lawyers weighed in on the government’s idea of filing lawsuits through the government services website portal

The Russian government instructed the Supreme Court’s Judicial Department and the Ministry of Economic Development to draft amendments that would allow Russian citizens to file lawsuits through their personal accounts on the government services portal. On the whole, lawyers evaluated the initiative favorably – it will increase people’s access to the justice system, and make that access more convenient. However, some people came to light who did not see the necessity of this kind of innovation, referring to the tried-and-true information management systems “My Arbitrator” and “Justice.” Critics would concede to introducing the new service if it had an expanded functionality.

Pravo.ru
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