Analytics Publications Energy

3
October
2016

Enforcing a court’s judgment: whether is it possible to collect interest?

The duration of the procedure of judicial recovery of debt from counterparty often leads to enforcement proceedings immediately after the court decision enters into legal force. This algorithm speeds up the actual receipt of the funds, but at the same time, carries a certain risk associated with the possibility of actually enforcing the court order.
Bank Review
22
September
2016

Legal regulation of electricity turnover

As a result of reforms in the electricity sphere, the structure of the market participants has become significantly complicated, as well as the obligatory chain of mutual relations between them. Both of these factors formed the background for a complex and simultaneous development of the regulatory framework in this sector. The growth in the number of sectoral regulatory legal acts has been amazing. Whereas before the reforms, the entire regulatory framework was based on the regulatory framework of the Civil Code and a series of departmental regulatory legal acts, now this base contains more than a hundred different legal acts.
Evgeniy Rodin, Partner, Head of "Industry and Resources"
EZH-Yurist
2
September
2016

Application of the law on payment discipline

Federal Law dated 03.11.2015 No. 307-FZ “On Amendments to Certain Legislative Acts of the Russian Federation in Connection with the Strengthening of the Payment Discipline of Energy Consumers” came fully into force as of 1 January 2016. In general, after six months of its operation, we can note a positive perception of these changes both by market participants and the judicial system.
EZH-Yurist
19
August
2016

The arbitration process: reboot (part 2)

On 1 July 2016, came into force amendments to the agrarian and industrial complex of the Russian Federation, made on the initiative of the Supreme Court of the Russian Federation. The arbitration procedure legislation obtained a new institution, and a wider list of disputes that require a pre-trial procedure, and new powers have been given to the courts.
Evgeniy Rodin, Partner, Head of "Industry and Resources"
EZH-Yurist
3
August
2016

Energy legislation update for July 2016

In July, the Russian government adopted a number of important regulations affecting the energy industry. Our latest update looks at these changes.
Yuriy Tatarinov, Head of Energy projects group
BigpowerNews
8
July
2016

Review of legislative changes in the energy sphere in June 2016

In June, the RF Government adopted a number of important decisions, some of which we will discuss in the new review.
Evgeniy Rodin, Partner, Head of "Industry and Resources"
BigpowerNews
23
June
2016

Weighted average standard of municipal services – Supreme Court of RF against

By virtue of Paragraph 1 of Article 157 of the Russian Federation Housing Code, the amount of payment for utility services is calculated based on the amount of consumed utilities, as measured by meter readings, and in their absence, on the basis of regulations of consumption of utilities, approved by the state authorities of the Russian Federation in accordance with the procedure established by the RF Government.
29
April
2016

Jurisdiction in disputes related to state regulation of electrical energy tariffs, in the light of the adoption of the Administrative Procedure Code

In the last few years, legislation has undergone a series of procedural adjustments, which determine the fundamental changes in the practice of appealing regulated tariffs through the courts.
Evgeniy Rodin, Partner, Head of "Industry and Resources"
Energy Market
8
April
2016

Administrative and judicial control in price regulation in the energy sector: main changes, innovations and trends in legal approaches

Active development and improvement of the regulatory framework in the sphere of tariff regulation in the energy sector, including electricity, heat, gas and water supply, has led to qualitative changes in the state’s approach to the process of establishing regulated prices (tariffs).
Yuriy Tatarinov, Head of Energy projects group
Heat supply news
4
March
2016

Review of legislative changes in the energy sphere in February 2016

In February, the RF Government adopted a number of important decisions, some of which we will discuss in the new review.
Yuriy Tatarinov, Head of Energy projects group
BigpowerNews
28
September
2016

Overview of changes in the energy legislation sphere in July 2016

Legislation in the energy sector has undergone significant changes in July. These changes are aimed at improving the economic efficiency of the energy markets and, as a consequence, to create additional consumer protection safeguards, as well as to introduce a unified scheme of water supply and sanitation in the Republic of Crimea. We look at these changes in more detail.
Yuriy Tatarinov, Head of Energy projects group
Energy Market
16
September
2016

Energy legislation update for August 2016

In August, the Russian government adopted a number of important regulations affecting the energy industry. Our latest update looks at these changes.
Yuriy Tatarinov, Head of Energy projects group
BigpowerNews
2
September
2016

Increased payment discipline: objectives and results

The National Collections Service in May 2015 stated that debts for utility services had exceeded 1 trillion roubles. These included consumer debts to resource supplying and management organizations and non-payments by municipal utilities to suppliers of energy resources. The problem of excessive loyalty to the defaulters, to the detriment of the financial stability of suppliers, required a resolution. It was necessary to increase the responsibility for the entire chain – from consumers to the power generation companies, so that they could not evade their obligations. The Law “On increasing payment discipline in the housing and communal services sphere” was adopted in late 2015.
11
August
2016

The arbitration process: reboot

On 1 July 2016, came into force amendments to the agrarian and industrial complex of the Russian Federation, made on the initiative of the Supreme Court of the Russian Federation. The arbitration procedure legislation obtained a new institution, and a wider list of disputes that require a pre-trial procedure, and new powers have been given to the courts.
Evgeniy Rodin, Partner, Head of "Industry and Resources"
EZH-Yurist
21
July
2016

Compensation for damages by way of recourse – selection of the right defendant

According to Part 1 Article 1081 of the Russian Civil Code, the entity compensating for the harm caused by another entity, has a right of demand (recourse) towards this latter entity for the full amount paid, unless another amount is set by law. As a general rule, the debtor of recourse is obliged to compensate the creditor, who has made a payment in full to a third party.

Energy Market
4
July
2016

Review of legislative changes in the energy sphere in May 2016

Legislation in the energy sector underwent some minor changes in May – issued have been several regulations and one order from the Government of Russian Federation, a decree from the Ministry of Construction of Russia, and adopted was Federal Law dated 01.05.2016 No. 132-FZ, aimed at improving the legislation that ensures safety in the heating sector. We look at these acts in detail
Evgeniy Rodin, Partner, Head of "Industry and Resources"
Energy Market
27
May
2016

Harmonization of court levels – changes to practice by the Supreme Court of the Russian Federation

One of the expected outcomes of the abolition of the Supreme Arbitration Court of the Russian Federation (SAC RF) is that reviews of legal positions will now be carried out by Supreme Court of the Russian Federation (SC RF), something that previously was performed during the consideration of specific cases.
Energy Market
11
April
2016

Environmental underside of the shale revolution

This article will address the environmental aspects of shale gas, including describing the character of the new production technologies (hydraulic fracturing and horizontal drilling), its environmental risks, as well as the reasons for such a rigid form of legal regulation of environmental requirements – as the complete bans on shale gas in a number of countries. This very private, but very eloquent example, will allow us to come to the logical conclusion that sometimes a total ban is really necessary, and sometimes the only way to regulate environmental risks in the energy sector.
18
March
2016

The new Administrative Court Procedure Code. How does it differ from the Civil Procedure Code and Arbitration Procedure Code of the RF

How should one address the judge during an administrative process? What is the difference between provisional protection measures and security measures? What path does the case review follow during a simplified proceeding?
Evgeniy Rodin, Partner, Head of "Industry and Resources"
Arbitration practice
4
March
2016

Results of 2015. On electric power...

In 2015, significant changes were made to legislation in the sphere of electricity turnover, designed to streamline relations between market participants.
EZH-Yurist
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