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30
January
2013

The Supreme Arbitration Court explained provisions of the Russian Civil Code regarding lease

On 25/01/2012 the Plenum of the Supreme Arbitration Court issued a ruling "On introduction of amendments into the ruling of the Plenum of the Supreme Arbitration Court (SAC) of 17/11/2011 No. 73 "On certain aspects of application of the Civil Code rules on the lease contracts".
Igor Chumachenko, Partner, Head of Real Estate, Land & Construction practice
12
December
2012

The Russian Federation Tax Law Updates

On 29 November 2012, Vladimir Putin signed Federal Law No. 206-FZ “On Amendments to Part Two of the Tax Code of the Russian Federation”. In accordance with this law, the taxpayers will be entitled to start depreciating real estate immediately after its commissioning, without waiting for the submission of documents for the registration of property rights.
Yuriy Ivanov, Head of Tax practice
23
November
2012

Recovery of damages for breach of antitrust laws: Are there any prospects?

(This legal update is available only in Russian)
Alexander Sitnikov, Managing partner
1
November
2012

Private antitrust suits. Perspectives in Russia

Private antitrust suits: what's behind? Private antitrust suits: any precedents? Conclusions and recommendations.

Alexander Sitnikov, Managing partner
27
September
2012

FAS Russia: recommendations to manufacturers and distributors of automotive products in the Russian Federation

After long and tense discussions by participants of the Expert Council on the Sales and Maintenance of Light Automobiles at FAS Russia, the Federal Antimonopoly Service of the Russian Federation formulated 7 recommendations for participants of this segment in Russia. (This legal update is available only in Russian)
Сollective of authors, VEGAS LEX
13
July
2012

The Presidium of the Supreme Arbitration Court of the Russian Federation on the pledge of leased property

The lessor may transfer the leased asset as collateral. On 22 March 2012, published was a Decree of the Presidium of SAC RF, expressing the position of the Court concerning the transfer by the lessor of the property pledged to the bank, without the consent of the lessee. (This legal update is available only in Russian)
18
May
2012

Q & A: The violation of antimonopoly legislation by credit institutions and insurance companies

Responses and recommendations are based on jurisprudence practice in the years 2010 – beginning of 2012. In connection with the amendments to the Law on Protection of Competition, we can expect a change in the practice of antitrust authorities and courts. (This legal update is available only in Russian)
Alexander Sitnikov, Managing partner
3
April
2012

The legal position of the Supreme Arbitration Court in the sphere of antitrust regulation

The dynamics of development and perfection of Russian antimonopoly legislation often entails difficulties, associated with its use. In this regard, important and necessary is an active dialogue between courts, the antitrust regulator, and direct market participants. (This legal update is available only in Russian)
Alexander Sitnikov, Managing partner
25
January
2012

Position of the Presidium of SAC RF on the resolution of corporate disputes

(This legal update is available only in Russian)
Сollective of authors, VEGAS LEX
23
September
2011

Will investment projects be implemented under the budget deficit?

Budget cuts restrain the growth of the amount of investment projects. However, private businesses are in need of development, which is influenced by external market factors. Should private companies wait for the state support in the form of direct funding, or do they need to start looking for other ways to address infrastructure constraints? We will focus on these questions in the review.
21
December
2012

The Presidium of SAC RF on information rights of former shareholders

In 2011, SAC RF outlined the main guidelines for corporate governance practices in the part of information rights of shareholders (see Information letter of the Presidium of SAC RF dated 18 January 2011 No. 144 “On some questions in the practice of consideration by courts of arbitration of disputes on providing information to participants of business entities”). Resolution of the Presidium of SAC RF dated 09 October 2012 No. 9011/12, published on 6 December 2012, complements earlier formulated legal approaches with rules about the information rights of former shareholders. (This legal update is available only in Russian)
7
December
2012

Legal "uncontrolled settlement": the Praesidium of the Supreme Arbitrazh court explained procedure for registration of the ownership rights to the buildings constructed before 1995

It's not a rare case nowadays when the company among other property owns real property constructed using own resources before 1995. Very often such buildings are used without any title documents as the relevant ownership rights were not registered in the Unified State Register of the Rights to Real Estate and Transactions therewith. In fact this entails the impossibility to sell and purchase such buildings and additional difficulties with the registration and re-registration of the rights to the land-plots.
Igor Chumachenko, Partner, Head of Real Estate, Land & Construction practice
15
November
2012

The flip side of the “golden parachute”

Resolution of the Presidium of SAC RF on September 4, 2012 No. 17255/09. (This legal update is available only in Russian)
11
October
2012

Protection of the intellectual property rights in the Internet: practical aspects

Legislation provides the legal owner with set of legal methods to deal with violators of intellectual property rights on the Internet. Nevertheless, the specific requirements for evidence regularly cause difficulty in the application of law in practice. Knowledge of these aspects will help to reduce the possibility of infringement of intellectual property rights to a minimum, and successfully defend them in case of violation
Alexandra Vasyukhnova, Partner, Head of Technology and Investment group
3
September
2012

Presidium of SAC RF gave the green light to the doctrine of “piercing the corporate veil” in Russian courts

The Russian judicial practice at the level of the Decree of the Presidium of SAC RF was first recognized by the doctrine of piercing the corporate veil, or lifting the corporate veil. (This legal update is available only in Russian)
20
June
2012

Transactions with state property: victims may be legitimate users

Disputes about competence between the organs of state power – are not uncommon in judicial practice. Often, however, the injured party in these disputes is a conscientious individual, which once again demonstrates the need for that extra caution when making deals with the state. One example of this is the case before the Presidium of SAC RF. (This legal update is available only in Russian)
Igor Chumachenko, Partner, Head of Real Estate, Land & Construction practice
17
April
2012

The new practice of SAC RF on recovery of shares

The burden of proving the amount of shares subject to recovery has now been placed on the defendants – unscrupulous purchasers of shares. (This legal update is available only in Russian)
21
February
2012

Application of the Law on personal data in Russia

With the increase in checks carried out by the Federal Service for Supervision of Communications, Information Technology and Mass Communications (Roskomnadzor) for compliance with the law on personal data, and in connection with the planned significant increase in the administrative responsibility for violations of legislation on personal data, we wish to draw attention to the following fundamental aspects of the Federal Law No. 152-FZ dated 27.07.2006 “On Personal Data”. (This legal update is available only in Russian)
Alexandra Vasyukhnova, Partner, Head of Technology and Investment group
16
January
2012

RSPP and VEGAS LEX announce the launch of the all-Russia study “Practice of counteracting corporate fraud”

VEGAS LEX, under the auspices of RSPP, is conducting a study to identify issues to counteract corporate fraud. (This legal update is available only in Russian)
Сollective of authors, VEGAS LEX
12
September
2011

Pharmaceutical Industry: Entering the distribution network. The position of the FAS Russia.

Summer 2011 witnessed the end of 2 major proceedings of the Federal Antimonopoly Service of Russia against OOO Novo Nordisc and Johnson & Johnson LLC. The appeal of the said judgments confirmed the legality of antimonopoly agency decisions, which constitutes a precedent for the companies developing their distribution network in Russia. In fact, in order to eliminate further risk of liability for violation of antitrust law in Russia it is necessary to work out, accept as standard and publicize the requirements for the companies wishing to become a distributor in Russia.
Alexander Sitnikov, Managing partner
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