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12
May
2017

A brief overview of judicial practice in the area of district heating from January-April 2017

A brief overview is presented below of the more significant court orders that have been issued regarding district heating from January-April 2017
Yuriy Tatarinov, Head of Energy projects group
Energy Market
10
May
2017

Will a company’s general director pay its taxes?

On November 30th, 2013, certain amendments to the Tax Code came into effect that allow a company’s tax arrears to be recovered from individuals that have  a connection to it. Before, an unscrupulous taxpayer’s share of taxes could only be recovered from corporations that were dependent upon that taxpayer.  It is no secret that people doing business circumvented this rule of law by accumulating arrears and then transferring their business to an individual entrepreneur (sole proprietorship). Legislation has now plugged up this loophole, and now assets belonging not only to entrepreneurs, but also to founders and top managers themselves are at the center of attention.
National Business
3
May
2017

Implementing the Protocol for the compulsory licensing of pharmaceuticals for WTO members will require the introduction of a comprehensive set of amendments into Russian Federation legislation

On April 24th, 2017, the Russian Federation Government's Committee on legislative bills approved a bill to adopt a protocol to amend the WTO agreement that will, in the future, allow WTO members to issue compulsory licenses to produce pharmaceutical drugs for export and, if necessary, to invoke immunity when other WTO members challenge their actions. However, according to one expert, achieving the goals that have been declared is not an unambiguous process – especially because applying suitable mechanism will entail a comprehensive set of amendments to current Russian Federation legislation.
Remedium
21
April
2017

Information law for company participants – the search for a balance of interests

At the present time, in various legal relationships there exists the acute problem of observing a balance of interests concerning the parties involved in these legal relationships, their legal rights, and their mutual economic needs. Judicial practice, when considering disputes between these kinds of parties, takes into consideration not only the formal requirements of legislation, but also the real economic and legal goals and interests of the participants.Corporate relations are not an exception. One of the specific peculiarities of these legal relationships is the right of company participants to receive information on the company’s activities. In this article, we will examine the main trends in regulatory enforcement practices for reviewing disputes concerning complying with information law by company participants, and assess the possible future prospects for the development of these trends.
EZH-Yurist
7
April
2017

Paying for bad-quality electrical power: has to minimize damages and protect rights that have been violated

What to do if the electricity that is provided to power receiving equipment does not meet mandatory quality requirements? After all, the subscriber is consuming it for personal needs, including needs related to production. This question arises on the part of consumers for other consumers, and each one has to take into account the particular and individual process for consuming electricity by the energy receiving equipment in each hotel consumer.
5
April
2017

From the patient to the budget and back again

The law obligates government buyers to procure medicinal products according to their INN (International Non-Proprietary Name). Law enforcement officials continue to argue about the degree to which the current rules of law allow for exceptions. However, the question must be put another way – which decision best suits the patients’ interests?
Pharmaceutical Bulletin
3
April
2017

Activity by an annual general meeting for an LLC

The procedure for calling and holding an annual general meeting for an LLC is regulated by the federal law entitled “On limited liability companies”, by the company’s articles of incorporation, and its internal policy documents, and by the Russian Federation Civil Code. Failure to comply with these requirements may lead to the invalidity or nullification of decisions made at the LLC’s annual general meeting.
Business and Life
30
March
2017

Shared-equity construction: what has the year 2017 changed?

Federal law No. 214-FZ, dated December 30th, 2004 and entitled, “On participation in equity sharing for the construction of multi-unit apartment buildings and other real estate assets, and on introducing changes to certain statutory provisions in the Russian Federation” (hereinafter Law No. 214-FZ), has been subject to considerable changes since it was adopted. With federal law July 3rd, 2016 No. 304-FZ, which entered into force in January 2017, changes were introduced in the Law that significantly affected the legal status of builders, the content of the shared-equity construction agreement (hereinafter SEC), and the rights and obligations of the parties. We will focus on both key innovations that are necessary to take into consideration for builders while carrying out their work, as well as for shared construction participants who acquired real estate on the basis of a SEC.
Igor Chumachenko, Partner, Head of Real Estate, Land & Construction practice
EZH-Yurist
23
March
2017

Taxes, duties and insurance contributions: the Russian Supreme Court's positions

On 16 February 2017, the Praesidium of Russia's Supreme Court published its Case Law Review, highlighting the most significant findings on the application of the legislation on taxes and duties and mandatory insurance contributions to extra-budgetary funds, as established by the Court at the end of 2016.
Yuriy Ivanov, Head of Tax practice
EZH-Yurist
23
March
2017

The Russian Supreme Court rules on rights to real estate

On 16 February 2017, the Praesidium of Russia's Supreme Court published its first Case Law Review of 2017, which, in particular, sets out the court's position on certain matters relating to rights to real estate.
EZH-Yurist
10
May
2017

Overview of changes in the energy legislation sphere in April 2017

In April 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
4
May
2017

Disputes about pricing and terminating a contract: cases where it is worth suing a contractor

Disputes with contractors occupy an important place in the overall number of arbitration cases involving default. It is always about issues concerning price, quality, time frames, and expected results.
Igor Chumachenko, Partner, Head of Real Estate, Land & Construction practice
Forbes
27
April
2017

The rule of law: how does it affect economic relations?

The rule of law, which this article is devoted to, is an integrated concept that unites the most important values of a society bound by laws. Due to the accelerated development and increasing complexity of the stream of commerce, the rule of law is particularly relevant, since it is exactly what needs to be the starting point for building new legal institutions.
EZH-Yurist
12
April
2017

How to recover overdue debt with a public notary’s writ of execution

Thanks to changes in Russian Federation Framework Legislation governing public notaries, lending organizations can now immediately, without litigation, apply for bailiff services using a notarized writ of execution. What is it necessary to do in order to obtain the opportunity to use this instrument? Is it possible to use this notarized writ of execution to recover penalties? What is the procedure for presenting claims to one of the parties in a legal relationship involving lending if the writ of execution has already been served?
Bank lending
7
April
2017

Overview of changes in the energy legislation sphere in March 2017

In March 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
4
April
2017

The subtleties of licensing induced abortion services

Induced abortion is a type of medical intervention, and is subject to medical licensing regulations. At the end of 2016, the Russian Federation government made changes in the procedure for obtaining abortion licenses, and gave medical organizations a year to adapt to the new requirements. What needs to change because of this, and what further steps are required from medical clinic directors?
Medicinskiy vestnik (Medical bulletin)
31
March
2017

Libel cases: what to prove, and how to prove it, concerning the amount of compensation

Channel One Russia, RBC, and bloggers: who can become defendants, and why they can, in claims to protect honor, dignity, and business reputation
Forbes
23
March
2017

Loan agreement currency risks

Among the cases covered in the Russian Supreme Court's Case Law Review (published on 16 February 2017), special mention should be made of a dispute relating to a foreign-currency denominated loan agreement. The claimant was attempting to change a loan agreement with a bank on the basis of Section 451 of the Russian Civil Code, on account of a material change in circumstances. The claimant argued that the significant increase in the exchange rate of the foreign currency since the signature of the agreement constituted such circumstances. The lower courts agreed and ruled in the claimant's favour, but the Supreme Court's Judicial Chamber on Civil Cases disagreed and sent the case back to the court of first instance. Who, then, should bear the risks associated with a foreign-currency denominated loan agreement?
EZH-Yurist
23
March
2017

Developments in the protection of business reputation

On 16 February 2017, the Praesidium of Russia's Supreme Court published its first Case Law Review for this year. The Review has certainly been received with great interest by both professionals and other interested parties. In it, the Court sets out some interesting comments and conclusions on the protection of non-material values and business reputation.
EZH-Yurist
20
March
2017

Legislation update for the end of 2016 / early 2017

The legislative changes covered in our latest review concern various sectors of the Russian economy and branches of law. A raft of important changes to the Russian Tax Code have entered into force: new regulations for property developers and the terms and conditions of forward funding agreements have been introduced; a new procedure for approval of major transactions and related-party transactions has been established; the concept of subsidiary liability for company liabilities has been extended beyond bankruptcy cases; a law on the recovery of damages in favour of creditors has been passed; penalties for personal data law breaches have increased — in particular, seven new administrative offence elements have been added to the Russian Code of Administrative Offences. In addition, a number of significant draft laws are currently being reviewed by the State Duma, including regulations governing the legal status of audiovisual services (online film streaming sites), aimed at safeguarding information security in Russia, and amendments to procurement legislation.
Alexander Sitnikov, Managing partner
Business of Russia
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