Analytics Legal analytics Energy

17
March
2015

Price changes involving technological connection contracts

The Supreme Court upheld the authority of local regulators to issue regulations on price changes involving technological connection agreements. (This legal update is available only in Russian)
Alexander Sitnikov, Managing partner
Evgeniy Rodin, Partner, Head of "Industry and Resources"
3
February
2015

The Supreme Court allowed restrictions to be placed on electricity supply to the military

On the electric energy supply market, over a long period of time, the Ministry of Defence accumulated significant consumer indebtedness. At the same time, based on the fact that these customers were served by their “own” last resort supplier (LSR) – Oboronenergosbyt OJSC, the main LSR in the region had virtually no opportunity to influence the debtors. (This legal update is available only in Russian)
Alexander Sitnikov, Managing partner
Evgeniy Rodin, Partner, Head of "Industry and Resources"
1
October
2014

Introduction of the new market model of thermal energy

The accumulated problems in the heating supply, primarily due to the high wear and tear of fixed assets, now require major investments into equipment modernization. However, the industry has developed a system of relations that makes the heating sector unattractive to investors. This is not the first year that they have been discussing the need for the introduction of a new market model, which is discussed in more detail in an analytical review. (This legal update is available only in Russian)
Alexander Sitnikov, Managing partner
21
May
2014

The practice of judicial review of warnings issued by the antimonopoly authority

On 15 April 2014, the Presidium of the Supreme Arbitration Court of the Russian Federation, examined by way of supervision Case No. A43-26473/2012, and defined the practice, according to which the warnings issued by the antimonopoly authority pursuant to Article 39.1 of the Federal Law dated 26 July 2006 “On Protection of Competition”, had the attributes of a non-normative legal act and thus was subject to an independent appeal procedure pursuant to Chapter 24 of the Arbitration Procedure Code of the Russian Federation. (This legal update is available only in Russian)
Alexander Sitnikov, Managing partner
25
March
2014

Reducing mono-networks

On 13 March 2014, the official web portal of legal information published Government Decree No. 179 dated 07 March 2014 “On amendments to some acts of the Government of the Russian Federation on issues of electric power” (hereinafter – Decree No. 179).This Decree amended the rules for non-discriminatory access to electric power transmission and provision of these services and the Basis of pricing policy in regulated prices (tariffs) in the electric power industry. Innovations concerned the functioning of territorial network organizations serving mainly one customer (hereinafter – mono-networks). (This legal update is available only in Russian)
Alexander Sitnikov, Managing partner
Evgeniy Rodin, Partner, Head of "Industry and Resources"
13
February
2014

Antitrust regulation and supervision in the electric power industry

On 26 December 2013, rules of antimonopoly regulation and control in the electricity industry, approved by Government Decision No. 1164 dated 17.12.2013, came into force. (This legal update is available only in Russian)
Evgeniy Rodin, Partner, Head of "Industry and Resources"
15
October
2013

The judicial activity of enterprises of the electricity sector in the I and II quarter of 2013

(This legal update is available only in Russian)
Evgeniy Rodin, Partner, Head of "Industry and Resources"
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
6
February
2015

The loss of privileges by Oboronenergosbyt OJSC

Draft Resolution of the Government of the Russian Federation “On approval of the changes being made to certain acts of the Government of the Russian Federation on changing areas of activity of last resort suppliers” further regulates the procedure for replacing last resort suppliers (LRS) for consumers of the Defence Ministry of Russian Federation. To date, the Draft Resolution has passed the Regulatory Impact Assessment procedure, and is waiting to be signed by the Chairman of the Russian Government. (This legal update is available only in Russian)
Alexander Sitnikov, Managing partner
Evgeniy Rodin, Partner, Head of "Industry and Resources"
5
November
2014

Making VAT deductions when purchasing by electricity grid companies to compensate for losses

On 31 October 2014, the official website of the Russian Federal Tax Service published a letter from the Ministry of Finance of Russia dated 29.09.2014 No. 03-07-15/48602 on the legality of the application of deductions of value added tax in connection with the acquisition (compensation) by network organizations for electric energy losses occurring in grid facilities during transportation. (This legal update is available only in Russian)
Yuriy Ivanov, Head of Tax practice
8
July
2014

Ministry of Energy raises the bar for network companies

Pursuant to the Presidential Decree No. 1567 dated 22 November 2012, a strategy was worked out for the development of the electric grid complex of the Russian Federation (hereinafter – the Development Strategy), which places restrictions on the activities of unqualified territorial grid organizations (hereinafter – TGO) through consolidation and the introduction of criteria for the recognition of a legal entity as a grid organization. (This legal update is available only in Russian)
Alexander Sitnikov, Managing partner
15
April
2014

New rules for gas consumers

On 1 March 2014, Rules for connection to gas distribution networks entered into force. These rules determine the procedures for connections (technical connections) to gas networks, designed, constructed, reconstructed or built, but not connected to the gas distribution network’s capital construction objects. (This legal update is available only in Russian)
Alexander Sitnikov, Managing partner
19
February
2014

Collection of inter-tariff differences

On 06.12.2013, in order to ensure the principle of uniformity of judicial practice in the arbitration courts, the RF Supreme Arbitration Court in Plenum Resolution No. 87 dated 06.12.2013 “On some issues of dispute resolution relating to recovery of losses of resource-supplying organizations caused by a difference in inter-tariffs” provided explanations regarding the consideration of disputes, between resource-supplying organizations, caused by the tariffs set by the regulator in the amount lower than is economically justified. (This legal update is available only in Russian)
Alexander Sitnikov, Managing partner
5
November
2013

Concession: DE JURE and DE FACTO

Review of legal practice involving concession agreements. (This legal update is available only in Russian)
30
August
2013

The dynamics of the development of the legislative framework in the field of heating in the Russian Federation

(This legal update is available only in Russian)
Yuriy Tatarinov, Head of Energy projects group
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