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16
August
2013

The clear wording of a claim – the key to success

Presidium of SAC RF considered the case involving the violation of trademark rights through the use of a trademark in a domain name. (This legal update is available only in Russian)
Alexandra Vasyukhnova, Partner, Head of Technology and Investment group
12
August
2013

A share in the future object as the subject of a contract on the establishment of property

Implementation of investment projects in the field of capital construction is often carried out by several participants (co-investors). Regulation of relations between project participants depending on the nature of the agreements reached, and the role of each participant in the project can be carried out using a variety of contractual structures. (This legal update is available only in Russian)
Igor Chumachenko, Partner, Head of Real Estate, Land & Construction practice
2
August
2013

Carefully, retraining in progress!

VEGAS LEX LEGAL TWEET. Issue No. 4. (This legal update is available only in Russian)
25
July
2013

Housing and communal services: a step closer to Perrier

In order to further the development of investment projects in the sphere of housing and communal services, on 07 May the President of the Russian Federation signed a draft Federal Law “On Amendments to the Federal Law” On Concession Agreements “and some legislative acts of the Russian Federation”. This law makes comprehensive changes to the current legislation governing the procedure and conditions for the transfer of ownership and use of housing facilities to the private sector. (This legal update is available only in Russian)
18
July
2013

CIS Model Law “On public-private partnership”: uniformity in the new legal mechanisms

(This legal update is available only in Russian)
19
June
2013

Tax “update”

On 13 June, Russian President Vladimir Putin announced the “Letter on budget policy for 2014-2016”. President urged to limit the possibility of optimizing tax payments by legal means, as well as to increase the fiscal burden on the owners of prestigious and expensive properties. The government is planning to create a tax environment in which investing in Russia will be more profitable than “hiding funds somewhere on the islands, or spending on luxury items.” (This legal update is available only in Russian)
Yuriy Ivanov, Head of Tax practice
30
May
2013

Pharma and MDS. Latest developments

On 28 May 2013 the Russian Ministry of Justice has registered the order of the Ministry of Economic Development dated 17 April 2013 No. 211 «On the conditions of access of the goods produced in foreign countries for state procurement purposes» (registration number 28536). Today it’s the only document relating to implementation of localization concept in Russia.

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
13
August
2013

Trends in judicial practice on disputes related to intellectual property, in the light of the new Decree of the Presidium of SAC RF No. 15187/12

On 27 July 2013, the website of the Supreme Arbitration Court of the Russian Federation published Resolution of the Presidium dated 2 April 2013 on Case No. A42-5522/2011 on the dispute between the Teleross Company and Murmansk Multiservice Networks OJSC involving the prohibition of the use of trademarks similar to “MORE TV” and “OКЕ@Н INTERNET” as designations on goods that in any way are introduced into circulation in the territory of the Russian Federation, the performance of work, provision of services, and the recovery of compensation for breach of exclusive rights. (This legal update is available only in Russian)
Alexandra Vasyukhnova, Partner, Head of Technology and Investment group
9
August
2013

LEGAL TWEET. Issue No. 5. The budget pays: purchase or PPP?

(This legal update is available only in Russian)
Irina Nikolaeva, Junior associate, Energy practice
31
July
2013

The Presidium of SAC RF approved the “guaranteed retention”

Retention of a part of the payable price of work results, is a fairly common method used for the enforcement of warranty obligations of the contractor. In reviewing this kind of dispute, the courts, as a rule, did not see anything objectionable in the contractual terms, according to which part of the price of work would be paid by the customer to the contractor only after the warranty period expired. However, in cases where the obligation to pay for work are stipulated by the parties as dependant on the occurrence of an event, which does not meet the grounds of inevitability, the courts recognized this condition as contrary to Article 190 of the RF Civil Code. Analysis of this question was carried out by the example – dated 23 July 2013 – review by the Presidium of SAC RF of Case No. A40-131858/11 involving the dispute between Mobile Design and Construction Association Shakhtospetsstroy CJSC (Krasnodar Region, Sochi) and RAKSON LLC (Moscow Region, Odintsovo) on debt collection under the contract on subcontracting of construction – in our new review. (This legal update is available only in Russian)
Igor Chumachenko, Partner, Head of Real Estate, Land & Construction practice
23
July
2013

Concession tender: no room for error

In the third issue we considered cases that are urgent and very common today, in which the subject of controversy are the competitive criteria. What positions have already been developed in law enforcement practice and what should be taken into account in the preparation of tender documentation? (This legal update is available only in Russian)
8
July
2013

Concession law: there is no limit to perfection

We present to your attention, a new informational and analytical product –VEGAS LEX LEGAL TWEET (brief news reports on the “hottest” Legal and Business Affairs). (This legal update is available only in Russian)
Сollective of authors, VEGAS LEX
30
May
2013

Life cycle contracts – what will the future bring?

Just a few years ago, so alien to the Russian reality, life cycle contracts finally began to acquire specific legal, financial, economic and investment outlines. (This legal update is available only in Russian)
Irina Nikolaeva, Junior associate, Energy practice
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)
8
May
2013

Preliminary contract in structuring Real Estate Transactions

On April 24, 2013, two Rulings of the Presidium of the RF Supreme Arbitration Court were published, giving a legal qualification to the relations of the parties arising from a preliminary contract. It is not the first time the Presidium has addressed this issue (see, for example: Ruling No. 3056/07, dated July 17, 2007, No. 402/09, dated July 14, 2009, No. 13331/09 dated January 19, 2010), however, we would not say that the institution of preliminary agreements frequently becomes an object of attention of a supreme court jurisdiction.
Igor Chumachenko, Partner, Head of Real Estate, Land & Construction practice
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