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22
August
2014

Presidium of the Supreme Arbitration Court “softened” fixed prices

During its entire existence, the Presidium of the Supreme Arbitration Court of the Russian Federation never applied the interpretation of Paragraph 6 of Article 709 of the Civil Code, and literally three months before the termination of its activities, adopted two resolutions on cases, the subject of dispute of which involves the payment of a fixed price. (This legal update is available only in Russian)
Igor Chumachenko, Partner, Head of Real Estate, Land & Construction practice
1
August
2014

Interchangeability of biologic drugs in Russia. Future challenges for gene therapy

Today most European countries prohibit automatic substitution of biologic drugs. However, it seems not to be the case in Russia. High-cost breakthrough biological drugs are still procured by the state at public auctions under their INNs and not their trade names, which in most of the cases makes biologic drugs of different manufacturers automatically interchangeable. Furthermore, the HCPs in Russia must prescribe the drugs under their INN, unless a healthcare commission decides that no alternative therapy exists for a particular patient (then the necessary drug may be prescribed under its trade name).
17
July
2014

Topical issues in real estate, construction and land relations

VEGAS LEX law firm released a collection of publications in the years 2013-2014 on current issues in real estate, construction and land relations. (This legal update is available only in Russian)
Alexander Sitnikov, Managing partner
3
July
2014

“Unfinished construction” will be taken via court

Federal Law dated 23.06.2014 No. 171-FZ “On Amendments to the Land Code of the Russian Federation and Certain Legislative Acts of the Russian Federation”. (This legal update is available only in Russian)
Igor Chumachenko, Partner, Head of Real Estate, Land & Construction practice
1
July
2014

Experience of the Moscow aviation hub: opportunities and potential for public and private operators of regional airports

The main purpose of this research report is to present the results of the analysis of investment and institutional arrangements for the development of regional airports in Russia, taking into account the experience of preparing the draft project of the Moscow Aviation Hub (MAH) on the basis of concession agreements. (This legal update is available only in Russian)
Сollective of authors, VEGAS LEX
24
June
2014

Russian court satisfies the claim for recovery of loss of profit from a foreign pharmaceutical company

On 24 June 2014 Moscow City Arbitrazh court satisfied a claim for the recovery of damages in the amount of RUB 408,375,000 from the foreign pharmaceutical company (case No. A40-14800/14).

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
6
May
2014

Interchangeability: regulation by manual drive

The issue of interchangeability of drugs has been discussed for a long time already. The positions of regulators and enterprises working in this sector can vary widely and are evolving, but in practice, government customers and physicians regularly face this question. (This legal update is available only in Russian)
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
10
April
2014

Changes in tax legislation

Russian President Vladimir Putin signed a Federal Law amending the first and second parts of the Tax Code of the Russian Federation and Certain Legislative Acts of the Russian Federation. (This legal update is available only in Russian)
Yuriy Ivanov, Head of Tax practice
7
August
2014

Court practice of approving amicable settlement agreements with antitrust authorities

On 18 July 2014, was adopted Resolution No. 50 by the Plenum of the Supreme Arbitration Court of the Russian Federation “On the reconciliation of parties in the arbitration process” (Decree on the reconciliation of parties). In the said Resolution, SAC RF clarified that, inter alia, economic disputes, such as those arising from administrative and other public relations (including anti-trust), may be settled by amicable agreements. (This legal update is available only in Russian)
Alexander Sitnikov, Managing partner
1
August
2014

Private antitrust suits in Russia: current situation and future perspectives

The importance of private antitrust lawsuits in Russia has risen significantly over the past few years. In 2000-2011 such claims were satisfied quite rarely. However, in January 2012, a provision directly entitling to sue a legal entity, which committed an antitrust violation, for damages caused by such violation, was introduced into Russian law. Since that time, the overall number of private antitrust lawsuits filed in Russian courts has substantially increased, as well as the number of satisfied claims.
Alexander Sitnikov, Managing partner
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
2
July
2014

Court sought lost profits from a foreign company, caused by the violation of antimonopoly legislation

On 24 June 2014, Arbitration Court of Moscow decided to recover from a foreign manufacturer of medicines damages in the amount of 408.375 million roubles in favour of their Russian counterpart (Case No. A40-14800/14). (This legal update is available only in Russian)
Alexander Sitnikov, Managing partner
1
July
2014

Parameters for the attraction of extrabudgetary investments into transport and infrastructure projects in Russia: Analysis and Forecast up to 2020

This report “Parameters for the attraction of extrabudgetary investments into transport and infrastructure projects in Russia: Analysis and Forecast up to 2020” has been prepared on the actual (worth hundreds of billions of roubles and more) terms and parameters of attracting private financing for PPP projects. (This legal update is available only in Russian)
Сollective of authors, VEGAS LEX
10
June
2014

Interchangeability of biological drugs. Analysis of foreign experience

We present to your attention a new analytical review “Interchangeability of biological drugs. Analysis of foreign experience.” (This legal update is available only in Russian)
Alexander Sitnikov, Managing partner
14
May
2014

Medical devices market. Managing antimonopoly risks

Today, “compliance” policies have been implemented by many companies operating in the medical devices market. Most of these policies are aimed at minimizing the risks of violations of international anti-corruption legislation and sectoral codes of conduct. Nevertheless, these policies should also be designed to minimize the risks associated with the requirements of the peremptory norms of Russian law, and in particular, legislation on the protection of competition. (This legal update is available only in Russian)
24
April
2014

Use of circumstantial evidence in cases of bid rigging

Anti-competitive agreements to increase, decrease, or maintain prices at tenders – prohibited by Paragraph 2 of Part 1 of Article 11 of the Federal Law dated 26 July 2006 No. 135-FZ “On Protection of Competition” – are the most common type of cartels. More than half of all cartel cases that are launched, involve bid rigging. However, in practice, there is no single standard of proof for such anti-competitive agreements. The most relevant in this context is the question of the use of circumstantial evidence, with significant differences in the approaches used by the competition authority and the courts.(This legal update is available only in Russian)
Сollective of authors, VEGAS LEX
11
April
2014

Tax Convention with Malta is ratified

Russian President Vladimir Putin signed the law on the ratification of the Convention for the avoidance of double taxation with Malta. (This legal update is available only in Russian)
Yuriy Ivanov, Head of Tax practice
25
March
2014

Anti-offshore draft bill

On 18 March 2014, the Ministry of Finance of Russia published for discussion a key “Anti-offshore” draft bill, which introduces significant changes to the taxation of profits of controlling foreign companies. (This legal update is available only in Russian)
Yuriy Ivanov, Head of Tax practice
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