Analytics Legal analytics Services to business owners

27
May
2013

State fee is not refundable in the event of failure in the performance of a legally significant action

On 23 May 2013, the Constitutional Court of the Russian Federation announced its decision on a case involving the constitutionality of Art. 333.40 of the RF Tax Code, which establishes the grounds and procedures for the return of the state fee paid for the performance of legally significant action. (This legal update is available only in Russian)

Igor Chumachenko, Partner, Head of Real Estate, Land & Construction practice
23
May
2013

Appeal of warnings issued by FAS Russia. Review of practices

A warning is a written notice from FAS Russia to stop actions (or inactions) that contain signs of violation of antitrust laws. Moreover, if the conditions of the warning are fulfilled, then no antitrust case will be launched. It is important to note that SAC RF has not yet stated its position on the possibility of challenging a non-normative act, such as a warning, but rather has refused to transfer a number of cases appealing the warnings from the antimonopoly body to the Presidium for review. (This legal update is available only in Russian)

15
May
2013

“Mayday Budget”

Between the May holidays, the State Duma adopted a substantial package of amendments to the RF Budget Code. The changes affected not only matters relating to the implementation of investments and PPP projects, but a number of other important aspects of budget management. As part of this alert, the authors analyse those proposed amendments that will affect the implementation of infrastructure projects. (This legal update is available only in Russian)

6
May
2013

Comprehensive insurance

Modern business is often faced with unusual tasks, which generate non-standard risks. Traditionally, the main risk management tool is insurance. Of huge importance for “comprehensive insurance” contracts is the Decree of the Presidium of SAC RF No. 7884/12 dated 20 November 2012.

Alexandra Vasyukhnova, Partner, Head of Technology and Investment group
12
April
2013

Changes in the tax laws of the Russian Federation

On 05 April 2013, signed was Federal Law No. 39-FZ “On Amendments to Part Two of the Tax Code of the Russian Federation and Article 4 of the Federal La – On Amendments to Certain Legislative Acts of the Russian Federation in connection with the improvement of pricing principles for tax purposes”. The review reflects the substantial changes in the Tax Code. (This legal update is available only in Russian)

Yuriy Ivanov, Head of Tax practice
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
5
November
2012

Cartel agreement. Can there be circumstantial evidence?

October 17, 2012, FAS of the Moscow District reversed a lower court decision and confirmed the cartel connection between the bidders on the basis of circumstantial evidence presented by the antimonopoly authority. October 18, 2012, the Ninth Arbitration Court of Appeal adopted a similar decision in another case of collusion in the auction, citing the above practice, and reversed the decision of the court of the first instance.

30
October
2012

Ways of the Federal Law-223 development

October 25, 2012, the Committee on Land Relations and Construction of the State Duma of the Russian Federation helda round table discussion on "The implementation and ways of improving of the Federal Law of July 18, 2011, № 223-FZ "On the procurement of goods, works and services by certain categories of legal entities" (hereinafter - the Law 223-FZ).

24
May
2013

Dynamic pricing: is any price discrimination legal?

Dynamic pricing is a type of price discrimination which occurs when different prices are charged to consumers for the same product depending on the category of the consumer. The Dynamic Pricing method has been successfully employed in the Western countries for a long time.

Alexandra Vasyukhnova, Partner, Head of Technology and Investment group
21
May
2013

Consumers blackmaling the car dealers

Recently, in the sphere of retail purchase and sale of vehicles, gaining momentum is such a thing as “consumer greenmail” (in other words, consumer blackmail). The consumer imposes on the car dealer unfavourable conditions for the sale of the car, often blackmailing by claiming violation of his rights and of existing legislation and sometimes threatening litigation. Such consumer behaviour from a formal point of view is lawful, and at first glance, it may be recognized only as “unethical”. At the same time, it is fraught with serious financial and reputational losses for the auto dealers. In this connection, the problem of “consumer greenmail” requires thorough diagnostics and systemic solutions.

Maxim Grigoryev, Partner, Head of Southern directorate, Head of special projects
Ilya Shengeliya, Compliance Counsel
14
May
2013

Was the Presidium of SAC RF able to cope with the legal nature of investment contracts and “the city’s share”?

The new review is devoted to the decision of the Presidium of SAC RF No. 12444/12, published on 07.05.2013. In the reviewed decision, the Presidium confirmed the possibility of concluding a contract, containing elements of both civil and legal transactions, generating the emergence of civil liabilities, as well as elements of a public-law contract, such obligations are non-generating. Such an agreement is not contrary to existing legislation.

Igor Chumachenko, Partner, Head of Real Estate, Land & Construction practice
25
April
2013

Government purchases: reloaded. Build 20.14

On April 8, 2013, Federal Law No. 44-FZ "On contractual system in the procurement of products, works and services to satisfy state and municipal needs" (Hereafter referred to as the Contractual System Law) was published; from January 1, 2014, it is to replace the current law on orders placement.

Maxim Grigoryev, Partner, Head of Southern directorate, Head of special projects
Ilya Shengeliya, Compliance Counsel
4
April
2013

Court for intellectual property rights: new format – new content?

By order of the Russian President dated 08 December 2011, in the arbitration courts system, a court for intellectual property rights was established. The work of the new tribunal will begin after the completion of all necessary formalities and passing by the Plenum of the RF Supreme Arbitration Court of the corresponding resolution. About the competence and composition of this Court, new entrants and alternative methods of dispute resolution, is written in the new analytical review. (This legal update is available only in Russian)

Alexandra Vasyukhnova, Partner, Head of Technology and Investment group
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)

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
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
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