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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)

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)

23
April
2014

Actions of a potential competitor may be considered unfair competition

Under unfair competition are considered the activities of economic entities, which are aimed at obtaining benefits, through the implementation of activities that are contrary to Russian legislation, business traditions, requirements for integrity, reasonableness and fairness, and that have caused or may cause losses to other economic entities – competitors, or have caused or may cause harm to their business reputation. Thus, from a literal interpretation of this definition, the actions of unfair competition can take place only in relations between real competitors. However, there exists in judiciary practices, allowing the prosecution for unfair competition, persons, who at the time of activity, are not the actual competitors of the victim (or potential competitors). (This legal update is available only in Russian)

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
3
April
2014

LEGAL TWEET # 14 State procurement by template

(This legal update is available only in Russian)

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"
21
March
2014

SAC RF explained dispute settlement procedure involving the recognition of contracts as not concluded

Reference to the non-conclusion of a contract is often used by trade participants during the resolution of disputes relating to the non-fulfilment or improper fulfilment of obligations. Recognition of a contract as being non-concluded allows one to change the qualification to non-contractual obligations (as a rule, the obligation stemming from unjust enrichment), to escape from the liability provided by the contract, etc. The Presidium of SAC RF in the Information letter dated 25.02.2014 clarified some issues in the recognition of contracts as non-concluded. (This legal update is available only in Russian)

Igor Chumachenko, Partner, Head of Real Estate, Land & Construction practice
14
March
2014

Presidium of SAC RF on the recovery of damages from the directors

On 15 February 2014, published was Decree No. 1114/13 of the Presidium of SAC RF dated 22 October 2013, which is developing jurisprudence on the recovery of damages from the boards of directors of business entities. (This legal update is available only in Russian)

7
March
2014

The privatization of land allocated for construction, has been set back due to changes in the permitted use

The Presidium of SAC RF once again returned to the issues of establishing and changing the characteristics of a land plot, which determines its legal status, as the type of permitted use. This time the subject of the dispute was the question of the establishment of the permitted use of the land, given in the right of ownership to the owner of real estate objects located on the land plot, in a situation where previously this area was granted to him under a rental agreement for the new construction. (This legal update is available only in Russian)

Igor Chumachenko, Partner, Head of Real Estate, Land & Construction practice
3
March
2014

What is the future of IP protection during state procurement of drugs?

The issue on the balance of interests of the holders of rights and producers of generic drugs in the lack of legal clarity as to the limits of permitted use of the patented substances is again high on the agenda (after adoption of the Resolution of the Presidium of the Supreme Arbitrazh Court of the RF of 17 February 2014).

Alexandra Vasyukhnova, Partner, Head of Technology and Investment group
12
May
2014

Administrative responsibility for violation of the Federal Law 223-FZ

On 16 May 2014, comes into force the Federal Law “On Amendments to the Code of Administrative Offences No. 122-FZ (the establishment of responsibility for violation of legislation of the Russian Federation on the procurement of goods, works, and services of certain kinds of legal entities)”. (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
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
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
24
March
2014

Commercial policies of pharmaceutical companies and medical device manufacturers: new lessons for market players

Federal Antimonopoly Service (FAS) and Russian court practice in addressing unreasonable refusals to enter into a supply agreement continues to develop. Several new cases considered by the FAS and the courts at the end of 2013/beginning of 2014 have enabled the identification of new trends in legal implementation policies.

18
March
2014

Protection of intellectual property rights on medicines. New practice

In December 2012, the auction commission of the Regional Ministry of Health rejected the application of a supplier of generic drugs, due to patent infringement of the manufacturer of the original drug. FAS Russia, the courts of first and appellate instances found the actions of the auction committee justified. However, on 17 February 2014, the Federal Arbitration Court of the Moscow District sent the case back for a new trial in the Court of First Instance, pointing out that the lower courts had not thoroughly examined the evidence in the case. (This legal update is available only in Russian)

Alexandra Vasyukhnova, Partner, Head of Technology and Investment group
11
March
2014

Nationwide Survey "Practice of Fighting the Corporate Fraud"

VEGAS LEX law firm and Russian Union of Industrialists and Entrepreneurs are happy to bring to your attention the Nationwide Survey «Practice of Fighting the Corporate Fraud» Final Report. The key mission of the Survey was to improve the tools of fighting the corporate fraud in Russia and elaborate suggestions for improving and updating Russian laws.

Maxim Grigoryev, Partner, Head of Southern directorate, Head of special projects
Ilya Shengeliya, Compliance Counsel
4
March
2014

LEGAL TWEET # 13 Revolutionary amendments to the Federal Law “On Concession Agreements”

(This legal update is available only in Russian)

Irina Nikolaeva, Junior associate, Energy practice
28
February
2014

Securitization of project financing

On the eve of the new year, the President of the Russian Federation signed Federal Law No. 379-FZ dated 21.12.2013 “On Amendments to Certain Legislative Acts of the Russian Federation”. The signing of this law has led to changes in the law on notaries, the rules regulating the legal regime for secured bonds, as well as additions to the RF Civil Code of articles governing the legal regime of nominal and the escrow accounts and the legal status of specialized companies. We present to your attention the analytical review of “Securitization of project financing”, which analyses the changes in legislation, in the most important spheres of public-private partnerships. (This legal update is available only in Russian)

Irina Nikolaeva, Junior associate, Energy practice
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