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4
March
2016

Lawyers on amendments to the Arbitration Procedure Code: Simplified procedures do not facilitate arbitration

Russia's Supreme Court has carried out some reforms, as a result of which, starting at the beginning of this summer, more than half of all arbitration cases will be dealt with under an accelerated procedure, which is supposed to allow the courts to reduce their caseloads, and allow judges to save time in hearing cases. The amendments to the Arbitration Procedure Code, recently signed into law by Vladimir Putin, will enter into force on 01 June. Meanwhile, Pravo.Ru asked representatives of the legal community whether they consider this an effective document – and the answers were not long in coming.
Pravo.ru
3
March
2016

Lawyers evaluated Putin's initiative to get rid of security guarantees for executors of state contracts

Companies that did not have, during a period of three years, complaints against them concerning the execution of state contracts, should be free from having to make security guarantee contributions. Vladimir Putin personally presented such a proposal at the latest meeting of the Chamber of Commerce and Industry. The government was instructed to prepare the necessary amendments to the law on the contract system. The State Duma has expressed support for this initiative, but legislators are afraid of state customers facing financial risks upon the cancellation of major contracts and/or bankruptcy of the executor. Lawyers are predicting a decline of interest in public procurement contracts for new companies, and are arguing about contractor integrity criteria.
Pravo.ru
1
March
2016

Oligarch in Bestyakh: why all government money does not go to subcontractors

Transstroy is building the Zenith Arena and laying the Amur-Yakutsk Railway Line using a unique methodology. However, in every “construction of the century” project, behind the major recipient of government contracts, hide dozens of small subcontractors

Forbes
29
February
2016

Lawyers are challenging, in the Constitutional Court, the right of courts to limit legal fees

An “affiliate” of the Shell Oil Company has turned to the RF Constitutional Court with an appeal against the judicial practice of reducing the costs of legal services to be recovered from the losing party. Earlier this year, the RF Supreme Court set a “reasonable” amount of legal costs, but the company believes that when setting compensation, the courts should take into account the market conditions, rather than the “lowest possible” price for services. Pravo.Ru asked representatives of the legal community, whether they thought the concern’s position was justified, and whether there is an equitable way out of this situation.
Pravo.ru
20
February
2016

New owner of Eurodon gets ownership rights through the courts

The regional Arbitration Court began proceedings on a lawsuit launched by Brimstone Investments Ltd against Eurodon LLC; starting this month, 40 percent share in the offshore company will be owned by a member enterprise of the Alfa Group A1
Maxim Grigoryev, Partner, Head of Southern directorate, Head of special projects
Gorod N
18
February
2016

Merry starts

Federal State Institution “State Institute of Drugs and Good Practices” officially started its work, at the request of foreign companies, on carrying out inspections

Pharmaceutical Bulletin
17
February
2016

Lawyer – for the client: clear and to the point

If you are a lawyer, then they judge you, in the first place, by your texts – at least, this is the argument of Brian Garner, head of the American company Law Prose. This scientist has devoted a great deal of work to the “ideal” legal prose. Although the requirements for it always depend on the company, the client and the set goals, Garner has created ​​a set of universal rules that can help improve any legal text. The editors of Pravo.ru chose nine key rules, and consulted with Russian specialists as to how best to implement them.
Pravo.ru
11
February
2016

Court follows ToAZ on a false trail

The Arbitration Court of Samara Oblast has recognized as illegal the so-called “general meeting of shareholders” of Togliattiazot OJSC held by its minority shareholder Yevgeny Sedykin. The court has forbidden the carrying out of the decisions of the “new” Board of Directors of the plant and the governing bodies appointed by Mr Sedykin. Earlier, at the request of Togliattiazot OJSC (ToAZ) a criminal case was opened under Part 3 Article 30, and Part 3 Article 159 of the RF Criminal Code “Attempted Fraud”. The company turned to law enforcement authorities after its minority shareholder Yevgeny Sedykin, “using criminal methods”, attempted to change the top managements of ToAZ by sending false documents, from an allegedly held annual general meeting of shareholders, to the Federal Tax Service. According to lawyers, these actions could have been carried out to seize control over the enterprise.

Сollective of authors, VEGAS LEX
Kommersant (Volgograd)
3
March
2016

Enrichment was not found

The Ninth Arbitration Court of Appeal granted the appeal of Alfa-Bank on the decision of the Moscow Arbitration Court on the recovery from the bank 6 billion rubles in favor of Stroynovatsiya LLC (member of the Summa Group). This dispute over the construction of the railway branch line Kyzyl (Tuva) - Kuragino (Krasnoyarsk Krai) has been going on for several years already.
Gudok
2
March
2016

Business in crisis: how Russian law firms have adapted to the new realities

During the year, according to expert estimates, the Russian legal services market saw a decline of 25-30%. However, large legal consulting firms are doing well – at least, this was the conclusion after meeting with their representatives. Managing partners of the largest law firms told Pravo.ru how business should be conducted in the new economic realities, what practices will be in demand in the coming months, and how not to lose out, in terms of money, but rather improve performance, in spite of the “rabid printer”.
Alexander Sitnikov, Managing partner
Pravo.ru
29
February
2016

Lawyers are critical about amendments made to the Tax Code on the “Tax on Google”

The State Duma, in the first reading accepted the proposed amendments to the Tax Code, which are seeking to oblige software developers, regardless of their country of origin, to pay VAT on the sale of their products in the Russian Federation. Software developers are claiming that this so-called “Tax on Google” will trigger an increase in prices for content, which is sure to hit the pocketbooks of consumers. Experts interviewed by Pravo.Ru also had some misgivings about the implementation of this initiative.
Pravo.ru
29
February
2016

On March 3, the St. Petersburg Office of FAS Russia will hold its next meeting on the case involving BSS LLC and Initsiativa LLC

The two companies are suspected, by the government agency, of creating the appearance of competition, when bidding on contracts with minimum differences in proposed prices. In the years 2014-2015, during open auctions for the supply of medicines and medical equipment to state medical institutions of St. Petersburg , the winners were the companies BSS (Baltic Security Service) and Initsiativa. The total amount of the lots exceeded 200 million roubles.
Pharmaceutical Bulletin
19
February
2016

58th bus route taken to court. Passenger carrier challenges the transfer of a bus route to its competitor

The Rostovelektrotrans Company has filed a lawsuit with the Arbitration Court of Rostov Oblast against the Rostov Department of Transport because of termination of its contract to carry passengers on the 58th bus route. The city administration is claiming repeated failure by the passenger carrier to fulfil its contractual obligations. The Court rejected the company’s request to implement interim measures – to suspend the decision of the Department.

Gorod N
17
February
2016

Transfer to registrars of ownership rights records of LLC’s will create more work

The first version of this draft bill, by which the records of ownership of shares in limited liability companies are to be transferred to registrars, will be prepared for the spring session of the State Duma – they promised at the working group with the State Duma Committee on State Construction. According to the authors, the keeping by registrars of records of such transactions should be an alternative to the current record keeping in the Unified State Register of Legal Entities with notarial support. Experts are warning that the keeping of information in a non-public sphere threatens the emergence of new problems.

Pravo.ru
15
February
2016

“Melodia” not in harmony

Melodia LLC has applied to the Arbitration Court of the Samara Oblast with a new lawsuit against the Regional Ministry of Transport, in which the company is seeking an easement (the right to use another's property) on the part of the Nota Shopping Centre, located within the boundaries of the bend of the Moskovskoye Highway. We should note that this litigation between the Regional Ministry of Transport and Melodia LLC, due to the construction by the latter of a shopping centre, has been going on for several years already. Last week, in the appellate court, the Ministry was able to have satisfied its demand to have the Nota SC demolished. The prospects of Melodia’s new application, as far as lawyers are concerned, seem rather “dim”.
Kommersant (Volgograd)
4
February
2016

“... Inspectors were not able to enter the warehouse, and so assessed us to pay the entire VAT. Is this legal?..”

Inspectors from the VAT Office wanted to inspect the company’s warehouse, but could not get access to it. As a result, the tax authorities assessed the VAT payable using the settlement method. How to protect yourself? Tax and independent experts give recommendations

Сollective of authors, VEGAS LEX
Accounting. Taxes. Law
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