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13
November
2017

Advertising legal requirements (Practical overview)

Advertising is a socioeconomic phenomenon whose uniqueness is marked by the continuous development of techniques and methods to share advertising information with consumers. Companies are always moving forward, creating new approaches how to produce advertising. This requires advertisers to be guided by law enforcement practices. This alert does not presume to analyze the entire scope of legal requirements and constraints that cover advertising, but it is intended to provide a brief practical overview of the main legal restrictions for advertising.
7
November
2017

VEGAS Academy: regulatory updates for the Russian pharmaceutical sector, October 2017

Within the framework of VEGAS Academy platform, we continue our monthly series of video updates on the key regulatory developments in the Russian pharmaceutical sector (in English language).
Сollective of authors, VEGAS LEX
28
September
2017

Checklists: what to expect from the new audit mechanism

Starting October 1st, 2017 certain supervisory and audit authorities are supposed to use checklists hat have questions used to gather information. This new mechanism is designed to solve several tasks at once: to streamline, simplify, and increase the transparency of audits. This is all for the auditors. However, people who are involved in business will also benefit from this tool if they can adopt the right approach.
Maxim Grigoryev, Partner, Head of Southern directorate, Head of special projects
Ilya Shengeliya, Compliance Counsel
4
September
2017

VEGAS Academy: regulatory updates for the Russian pharmaceutical sector, August 2017

Within the framework of VEGAS Academy platform, we continue our monthly series of video updates on the key regulatory developments in the Russian pharmaceutical sector (in English language).
Сollective of authors, VEGAS LEX
21
August
2017

Anonymizers and VPN services are banned. How should the new rules be applied for business-related purposes?

On July 30th, 2017, the Russian President signed Federal Law No. 276-FZ dated July 29th, 2017 "On Introducing Amendments Into the Federal Law on Information, Information Technologies and Information Protection". The Amendments, among other things, prohibit using technologies, information systems, and programs that permit getting around blocked sites with banned content to which access is restricted inside Russian borders. The legislative innovation will only apply to those anonymizers, VPN services, and other programs that provide access to online resources and information and telecommunication networks to which access has been blocked by the Federal Service for Oversight in Communications, Information Technologies, and Mass Communications.
Natalia Abtseshko, Head of International projects group
9
August
2017

VEGAS Academy: regulatory updates for the Russian pharmaceutical sector, July 2017

Within the framework of VEGAS Academy platform, we continue our monthly series of video updates on the key regulatory developments in the Russian pharmaceutical sector (in English language).
Сollective of authors, VEGAS LEX
10
July
2017

New developments in european legislation on personal data: risks and recommendations for russian businesses

In the spring of 2016, widescale work ended that was performed on reforming legislation that addressed personal data in the framework of the European Union. The result was the adoption of EU Regulation No. 2016/679 entitled “On the protection of natural persons with regard to the processing of personal data and on the free movement of such data”, which enters into force in May 2018. The key objective of this reform was the need to unify the regulations concerning personal data in the EU and allow for a single approach to be adopted by all EU countries, ensuring unhindered and efficient interaction between EU operators.
Alexandra Vasyukhnova, Partner, Head of Technology and Investment group
27
June
2017

"Departmental appeals" against the Russian Antimonopoly Serivce: describing the process, the procedures, and current outcomes

Starting January 5, 2016, the so-called “fourth antimonopoly package” of laws came into effect that substantially complemented existing legislation concerning the protection of competition. One of the more distinguished innovations is granting people the opportunity to contest rulings delivered by Russian Federation Federal Antimonopoly Service (hereinafter the FAS Russia) regional departments through extrajudicial proceedings. In this analytical review, a description is given of the mechanism that has been introduced and the appeal hearing procedure, and the current outcomes are reviewed for work performed on “departmental appeals” against the FAS Russia during the period they have existed.
Alexandra Vasyukhnova, Partner, Head of Technology and Investment group
30
May
2017

Executing government contracts for the supply of electric power – the Russian Federation Supreme Court explained what legal alternative to use for fines

Regular failure to pay for electric power that has been delivered is a truly critical issue for the development of the electric power market. Consumers that refuse fulfill their obligations to pay on time for this energy resource are purchasing it on credit at the expense of the energy provider.
Evgeniy Rodin, Partner, Head of "Industry and Resources"
24
April
2017

Differentiation of liability for anti-competitive agreements

Federal Law No. 135-FZ dated July 26th, 2006 and entitled “On protecting competition” established several types of anti-competitive agreements that are prohibited (cartels, vertical agreements, and other agreements). These varieties differ significantly from each other in terms of the degree of their negative impact on competition and the threat they present for the public. However, until just now the measures for administrative enforcement that could be taken with people who signed any one of these anti-competitive agreements did not differ from each other in any way.
Alexander Sitnikov, Managing partner
Alexandra Vasyukhnova, Partner, Head of Technology and Investment group
9
November
2017

Personal data protection in Russia: a brief overview

The protection of personal data is becoming one of today’s most pressing issues, resulting in modernization of national legislation on personal data. Federal Law No. 152-FZ dated July 27, 2006 "On Personal Data" (as amended) (hereinafter The Law
Personal Data) defines the basics of personal data regulation in Russia. The General Data Protection Regulation (GDPR), which will take effect in May 2018, gives rise to more discussion than any other supranational act. The GDPR will be directly applicable to a number of Russian companies, since they collect data of European citizens.
9
October
2017

VEGAS Academy: regulatory updates for the Russian pharmaceutical sector, September 2017

Within the framework of VEGAS Academy platform, we continue our monthly series of video updates on the key regulatory developments in the Russian pharmaceutical sector (in English language).
Сollective of authors, VEGAS LEX
15
September
2017

HANDBOOK: How to sign a concession agreement without going through the bidding process: practical recommendations on private concession initiatives

This review contains recommendations that allow a potential investor to independently gauge the necessity of becoming involved in a concession project, to pinpoint the level of competency needed to prepare the documentation that is needed, to draw up a blueprint for results oriented toward the relevant goals, as well as a roadmap, meaning a list of the actions that are necessary to start the project, and to conduct a preliminary express analysis of the risks involved with the future project.
31
August
2017

Disclosing beneficiaries: the subtleties of performing obligations

Executive authorities can now require that legal entities disclose their beneficiaries. Treating the new regulations in an attentive manner can help avoid any unjustified accusations. By February 13th next year, the relevant authorized government agencies need to ratify the form their requirements will take, after which the mechanism will enter into full force. It will also permit controlling whether companies are meeting their associated requirements to clarify, update, and store information about their beneficiaries. However, practice in applying this has not taken shape yet, and along with that the law’s wording could result in ambiguous interpretations. That is why it is advisable for companies to pay attention to several important points.
Ilya Shengeliya, Compliance Counsel
20
August
2017

Settlement payments between district network operators - choosing a rate option

Legislation governing the regulation of rates in the electric power industry proceeds from the presumption that settlement payments for electricity transmission services should be made under conditions that are commercially justified, and should not lead to market participants taking in insufficient gross revenues. Despite the fact that the behavior patterns of the parties involved is subject to excessive regulation, in practice controversial legal situations arise that can require interpretation by the higher courts. In case No. А73-947/2016, the Russian Federation Supreme Court gave explanations on certain rules that affect the ability of district network operators to choose the charges that determine the retail rates for the payment of services related to electricity transmission. Let's examine in more detail the circumstances surrounding the arbitration case, the positions taken by the parties involved, and the findings made by the Russian Federation Supreme Court during the cassation review procedure.
Evgeniy Rodin, Partner, Head of "Industry and Resources"
11
July
2017

VEGAS Academy: regulatory updates for the Russian pharmaceutical sector, June 2017

In terms of development of VEGAS Academy inner platform we introduce a new instrument created for supporting internal information space of our growing Life sciences practice. That is monthly series of video with comments on news and current legal framework of pharmaceutical industry in Russia (in English language).
Сollective of authors, VEGAS LEX
5
July
2017

Personal data: to what extent have fines increased in 2017?

Starting July 1st, 2017 amendments introduced into Article 13.11 in the Russian Federation Code of Administrative Offenses entered into force, introducing significant changes in the provisions that establish the scope of liability entailed for violating legislation in the area of personal data.
Alexandra Vasyukhnova, Partner, Head of Technology and Investment group
22
June
2017

Using municipal district heating networks to supply heat – is unjust enrichment occurring?

Currently, taking into account the normalization of the heat supply market, the relations governing the supply of heat to end users are, on the whole, fairly regulated and understandable for all participants in the market. One important feature of the market’s statutory regulation is the prevalence of peremptory legal norms, including during the process of defining parties’ financial obligations.
Evgeniy Rodin, Partner, Head of "Industry and Resources"
19
May
2017

Big Data: the goals of antimonopoly regulation, or what we want to protect versus what we can

Big Data is now an important economic asset that can be used by organizations to gain a competitive advantage. Because of this, antimonopoly authorities are increasingly interested in regulating the market for Big Data.
Alexandra Vasyukhnova, Partner, Head of Technology and Investment group
9
March
2017

The Russian Federation Supreme Court’s new stance on price controls and thin capitalization

On February 16th, 2017 the Russian Federation Supreme Court Presidium approved the review of practices when hearing cases involving the application of individual provisions in section V.1. and article 269 in the Russian Federation Tax Code (RF TC).
Yuriy Ivanov, Head of Tax practice
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