About VEGAS LEX Pro bono

National business initiative aimed at improvement of the investment climate in the Russian Federation

The national business initiative aimed at improvement of the investment climate in the Russian Federation includes 22 projects proposed by entrepreneurs and aimed at simplifying, cost-cutting and expediting of the business-related procedures applicable in Russia, and at lowering of the administrative barriers in the economy to enhance the investment appeal of Russia. The format of "road maps", which was selected for measures aimed at removing of the most serious barriers in doing business, has become an efficient tool facilitating the cooperation between the business community and representatives of public authorities. The initiative is being implemented by ASI, following the participation in the Congress of Delovaya Rossiya, a Russian public organization, on December 21, 2011 (http://asi12.ru/).

Participation in formulating of new rules for the electric power wholesale and retail markets

ordered by the RF Federal Tariff Service

Promoting of competition and lifting of the administrative barriers

Legal support provided to the Russian Union of Industrialists and Entrepreneurs (RUIE) regarding competition promotion and removing of the administrative barriers; legal support in industrial and environmental safety. Preparing amendments and suggestions for the Federal Law "On Protection of Competition", the RF Administrative Offences Code, the RF Criminal Code, Federal Law "On Natural Monopolies", 94-FZ, etc.

Analysis and correction of the Regulations of the Independent Directors’ Association

Legal support in preparing and checking of IDA methodological literature and documents, analysis and recommendations on the Regulation on Committees, Independent Directors, etc.

Representing interests of members of the Russian Union of Industrialists and Entrepreneurs (RUIE) in the task group of the Agency for Strategic Initiatives in preparing the RF Government’s draft decree "Promotion of Competition and Improvement of Antimonopoly Policy" ("Road Map")

Being known as an active member of a number of RUIE committees, including the Committee for Promotion of Competition, VEGAS LEX was offered to spearhead the work of the Committee and to take part in outlining the standpoint regarding the key aspects of competition promotion, on behalf of RUIE to introduce the standpoint to the government, and to make sure that the required amendments are included in the respective statutory regulations and laws.

Working on the project, the VEGAS LEX lawyers used their best efforts to identify, summarize and systematize crucial factors impeding the competition process on the whole and in individual sectors of economy. The task group examined most of the factors through comprehensive analysis of international practices and assessed the law-enforcement activity of the Federal Antimonopoly Service of Russia. The group members participated in more than 50 meetings conducted by the executive authorities to finalize their work on the "Road Map". The implementation of the "Road Map" is supervised directly by the Administration of the RF President.

It was suggested that the comprehensive assessment of the efficiency of the "Road Map" should be based on integral indicators: the index of competitive environment improvement on markets for goods and services, the number of new businesses per 1,000 people, survey-based assessment of the business competitive environment.

The "Road Map" introduced both systemic measures aimed at reduction of the public sector’s interest in the economy, while giving priority attention to such functions of the executive authorities as promotion of competition, and measures aimed at improvement of competition in individual sectors of economy, namely: on the markets for medical services, petroleum products, communication, air transportation, pharmaceuticals, and preschool education.

The "Road Map" was prepared concurrently with the implementation of one of the national priority programs focused on improvement of the investment climate in Russia. When put into effect, the action plan set forth in the "Road Map" will yield tangible results not later than in 2014 and will help to improve the positions of Russia in international business rankings in terms of investment attractiveness of the economy.

The implementation of the project was backed up by the RF Government’s Decree No. 2579-r adopted on December 28, 2012, regarding comprehensive revision of the laws and statutory regulations.

The RUIE Committee for Energy Policy and Energy Efficiency

Defining of the energy-related RUIE standpoint to be announced at the RUIE Congress-2012; outlining legislative initiatives and recommendations on amendments to the existing regulatory legal framework, and submitting them to government authorities (the RF Federal Tariff Service, the RF Ministry of Transportation, the RF Federal Antimonopoly Service).

RF Ministry of Transportation

Work on the preliminary concept of the project on establishing of a unified infrastructure operator of the Moscow aviation hub.

Work on guidance manuals and internal documents for the Independent Directors’ Association of Russia:

• Evaluation methods for the performance of the Board of Directors
• Description of the mechanism of communication between the independent Directors and industry-related departments
• Estimation of fees to the Federal Agency for State Property Management
• Regulation on remuneration of the members of the Board of Directors
• Regulation on the General Director
• Regulation on the Audit Committee
• Regulation on the Strategy Committee
• Regulation on the Corporate Secretary
• Regulation on the Board of Directors

The RUIE-supported national research "Real-Life Problems of Corporate Fraud Control"

The research helped to assess the actual situation regarding corporate fraud control in Russian companies and its most dangerous types. The research was primarily focused on preparing practical guidelines, devising corporate fraud control tools, and preparing suggestions on improvement of the Russian legislation.

To receive more comprehensive and unbiased data VEGAS LEX and RUIE conducted questionnaire survey and interviewed respondents by using the resources of the www.stopcorporatecrime.ru research website where anyone who was interested could fill out a questionnaire in the user-friendly format.

The early results of the Research were reported at the RUIE Congress and announced during the Russian Business Week in March 2013, where representatives of the business community and the government took part. The research results were published in autumn of 2013.

Participation in the expert group of the RF Ministry of Economic Development and Trade, which was responsible for laying down principal provisions of the Federal Law draft "On Fundamentals of the Public and Private Partnership in the Russian Federation"

Participation in the work of the Legal Committee of the Association of European Businesses: Updated Review of the Russian Legislation in the Public-Private Partnership over 2012

Description of the recent amendments to the legislation, review of the trends in the legal regulation over the year, outlining of the problems pertaining to the public-private partnership laws.

Preparing of the presentation of the RUIE standpoint on the Environmental and Industrial Safety: Role of the Business Community and the Government in Risk Minimization; organizational and legal support of the standpoint presentation

The implementation of the project included a large-scale presentation of the subject-matter during the annual RUIE Russian Business Week (RUIE RBW). VEGAS LEX also drafted resolutions of RUIE RBW, which included initiatives in statutory and legal regulation as well as the summarized review of the law-enforcement practices for the further approval by the RF President.

Participation in the work of the Public Government (the fourth antimonopoly package, FZ-223)

In cooperation with RUIE and the RF Ministry of Economic Development and Trade, and with the active support of the RF Federal Antimonopoly Services, VEGAS LEX coordinated the Operation of the Road Map with the Agency for Strategic Initiatives in promotion of competition and lifting of the administrative barriers, took active part in presentation of the standpoint of the RUIE Administrative Bureau on the following aspects: "Preventive measures of antimonopoly control and supervision as long-term objectives in promotion of competition. Implementation of warnings" – at meetings of the Public Government and in reports to the Prime Minister. During the implementation of the project, there were a number of amendments made to the fourth antimonopoly package and draft law FZ-223.

• Participation in the expert group of the RF Ministry of Economic Development and Trade, which was responsible for laying down of the principal provisions of the Federal Law draft "On Fundamentals of the Public and Private Partnership in the Russian Federation".
• Preparing comments and suggestions for RUIE on reducing risks associated with institution of criminal proceedings related to tax crime, if tax authorities do not provide the respective materials.
• Preparing a memorandum on individual amendments to the RF Civil Code regarding regulation of corporate relationships; the memorandum was requested by the Administration of the RF President.
• The Agency for Strategic Initiatives – participation in meetings of the task group responsible for monitoring of the implementation of the "Road Map".
• RUIE/Delovaya Rossiya – legal consulting and defining of the general standpoint of business communities regarding recommendations of the RF Federal Antimonopoly Service in respect of amendments to the Law on Protection of Competition (the fourth antimonopoly package).
• RUIE/Delovaya Rossiya – legal consulting and defining of the general position of business communities regarding amendments to the RF Criminal Code and criminal procedure legislation (for regulations pertaining to protection of competition).
• RUIE – analysis of the consequences of adoption of the amendments offered by the RF Federal Antimonopoly Service for industrial companies in Russia.
• Presentation of the consolidated standpoint of large Russian companies – RUIE members – at meetings with government authorities, including meetings conducted by I. Shuvalov, First Deputy Chairman of the RF Government.