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Recent Legal Updates
31
July 2011
New Law on Procurement of Goods, Works and Services by Certain
Categories of Legal Entities
Federal Law of 18 July 2011 No. 223-FZ “On Procurement of
Goods, Works and Services by Certain Categories of Legal
Entities” will come into force on 1 January 2012 (except for
certain clauses). The Law provides for competition bidding
principles and procedures with respect to procurement of
goods, works and services by certain categories of legal
entities with state and municipal participation (state
corporations, unitary enterprises etc.) and legal entities
carrying out of certain types of activities, e.g. utility
suppliers.
Read more
>
(Russian)
30
July 2011
Resolution of Plenum of High Arbitration Court of the Russian
Federation On Certain Issues of Resolution of Disputes Resulting
from the Agreements with respect to Immovable Property to be
Built or Acquired in Future
On July 11, 2011 Resolution of Plenum of High Arbitration Court
of the Russian Federation No. 54 “On Certain Issues of
Resolution of Disputes Resulting from the Agreements with
respect to Immovable Property to be Built or Acquired in Future”
was adopted. The Resolution provides for clarification of
certain legislation provisions with respect to the sale and
purchase agreements of immovable property concluded in the
absence of state registration of title of the seller to such
property, agreements connected to investment and finance of
construction of immovable property, and clarifies other
important issues. The Resolution is obligatory for all state
arbitration courts of the Russian Federation.
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>
(Russian)
15 June 2011
Latest Amendments to the Federal Law On State Registration of
Rights to Immovable Property and Transactions Involving Such
Property
Federal Law of June 4, 2011 No. 129-FZ “On the Amendments of
Clauses 7 and 8 of the Federal Law “On State Registration of
Rights to Immovable Property and Transactions Involving Such
Property” and Federal Law “On State Immovable Property Cadastre”
will come into force on June 17, 2011. The Law provides for
establishment of new procedures of state recording (cadastral
registration) of buildings, premises and real estate facilities
during the transition period and introduces some other
amendments.
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>
(Russian)
13 June 2011
New Federal Law Concerning the Licensing of Certain Types of
Activity
On May 4, 2011 Federal Law No. 99-FZ “Concerning the Licensing
of Certain Types of Activity” was adopted, which will come into
force on November 3, 2011 (except for certain clauses). The Law
shall regulate the relations between state authorities, legal
entities and sole entrepreneurs with respect to carrying out of
activities subject to licensing (instead of the previous
so-named Federal Law of August 8, 2001 No. 128-FZ).
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>
(Russian)
12
April 2010
Public Access to
Court Decisions in Russia
In April 2010 The
Higher Arbitration Court of Russian Federation started
full-featured web-service
"The
Bank of Decisions of the Commercial Courts"
-
http://kad.arbitr.ru. The judicial acts
from all 112 courts of arbitration of Russia are available on
this extensive site.
Federal Law No. 262-FZ of 22 December 2008
"On Providing
Access to Information Regarding the Activity of the Courts in
the Russian Federation"
is effective July 1, 2010. According to the Law No 262-FZ
the text of judicial
acts of all courts in Russia (including courts of arbitration
and courts of general jurisdiction) shall be posted on the
Internet following their adoption.
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>
(Russian)
01
April 2010
Changes to Federal Law On Personal Data
Federal Law of 27 December 2009 No. 363-FZ “On Amendments to
Articles 19 and 25 of the Federal Law “On Personal Data”” came
into effect on 29 December 2009. The Federal Law moved the
period initially set by the Federal Law "On Personal Data" for
bringing personal data information systems into compliance with
the requirements of the Federal Law “On Personal Data” from 1
January 2010 to 1 January 2011. Also, the new Law excluded use
of encryption (cryptographic) means of data protection from the
list of the personal data operator’s duties.
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>
(Russian)
16
February 2010
Legal Alert on New Russian Law on Trade
Federal Law No. 381-FZ of 28 December 2009 «On the Principles of
State Regulation of Trading Activity in the Russian Federation»
came into force on 1 February 2010. The Federal Law essentially
changed the rules applicable to trade activities. It mainly
governs business relations pertaining to supplies of foodstuffs
but certain provisions also cover business relations in the
supply of non-foodstuffs.
The Federal Law demands that food supply contracts concluded
before the law’s effective date be brought into line with the
Federal Law by 30 July 2010.
The Federal Law enacts limitation of the dominant positions of
retail chains to a 25% share of the market for food products.
This restriction shall apply to municipalities and urban areas
after 1 July 2010.
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>
(Russian)
27
January 2010
The Rates of State Duties for Legally Significant Actions Are Increased
Federal Law No. 374-FZ «On Amendments to Article 45 of Part I
and Chapter 25.3 of Part II of the Tax Code and Other Laws of
the Russian Federation and the Repeal of the Law on Fees for the
Issuance of Licenses» dated 27 December 2009 will enter into
force on 29 January 2010, except for certain clauses stipulating
a different time frame.
The Law increases rates of state duty for various legally
significant actions. For example, the amendments double the
following fees, many of which foreign companies encounter
regularly while doing business in Russia: filing fees for
litigants in arbitrage courts and courts of general
jurisdiction; renewal of a residency permit (to 2,500 Rubles);
state registration of a legal entity (to 4,000 Rubles);
accreditation of branch offices of foreign legal entities (to
120,000 Rubles).
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>
(Russian)
25
January 2010
Significant
Changes to the Russian
Corporate Legislation
Federal Law No. 352-FZ of 27 December 2009 «On the amendments to
certain legislative acts of the Russian Federation with regard
to revised limits for authorized capital formation of business
entities, revised creditor’s rights protection methods upon
decreases unauthorized capital amounts, changed requirements to
business entities if authorized capital doesn't match with the
net assets value and revised limits regarding bond issues by
business entities» came into effect on 31 January 2009.
The Law No. 352-FZ provides that now set-off in connection with
the payment for shares or participatory interest is possible.
Also the law introduces a new procedure for a joint stock
company's charter capital decrease and provides for actions that
must be undertaken by a joint stock company if its net assets
value falls lower than the amount of the charter capital, such
as including in the annual report a section on the status of net
assets and proposals on equaling net assets value with a charter
capital of a joint stock company, etc.
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>
(Russian)
22
January 2010
The Amendments Concerning to State Cadastre of Real estate and
Registration of the Rights on Immovable Property
By the Federal Law No 334-FZ «On the Amendments to Individual
Legislative Acts of the Russian Federation» of December 21,
2009, there are made the amendments to the Federal Law No 122-FZ
«On state registration of the rights on real estate and bargains
therewith» of July 21, 1997 and the Federal Law No 221-FZ «On
state cadastre of real estate» of July 24, 2007, as well as
other normative acts. The amendments concern to receiving of
information about state registration of the rights on real
estate items and bargains therewith; submission of documents to
the registration, suspension of the state registration; rules of
keeping of the United state registry or the rights on real
estate and bargains therewith.
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>
(Russian)
11
January 2010
Update On the List
of Works Which Influence Upon the Safety of Capital Construction
Facilities
Order
No. 480 of the Ministry of Regional Development, dated 21
October 2009, entered into force on 9 January 2010.
The resolution changes the list of types of works related to
engineering surveys, preparation of design documentation,
construction, reconstruction, capital repairs of capital
construction facilities, which exercise influence upon the
safety of capital construction facilities. According to the
Order No. 480 general contractors and construction managers have
to receive permission of the self-regulating organization from
the 9 January 2010.
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>
(Russian)
22
December 2009
Reversal of Deadline For an Obligatory Re-registration of
Charters of Limited Liability Companies
Federal Law No.
310-FZ
dated December 17, 2009 "On Amending Article 5 of the
Federal Law
"On Amendments to Part One
of the Civil Code of the Russian Federation and Certain
Legislative Acts of the Russian Federation” canceled the
earlier deadline (until 1 January 2010) for an obligatory
re-registration of charters of limited liability companies.
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>
(Russian)
15
December 2009
New Russian
Anti-Insider Trading and Market Manipulation Legislation
On October 30, 2009,
Federal Law of the Russian Federation No.
241-FZ "On Making Amendments
to the Criminal Code of the Russian
Federation and Article 151 of the Criminal Procedural Code of
the Russian Federation" was enacted. The
Federal Law is aimed as strengthening the protection of
investors in the securities market. It introduces criminal
liability for breaching the procedure for recording rights to
securities, manipulation of prices on securities market
(including Internet) and for
preventing the exercise or illegal restriction of the rights of
securities owners.
The
State Duma approved the first reading
of the draft law
"On
Counteracting Unlawful Use of Insider Information and
Manipulation of the Market"
on April 17, 2009. The draft law
aims to establish comprehensive regulation of the use of insider
information and market manipulation in “organized markets” –
meaning any forum in which trades are performed using an
exchange or other licensed trading platform.
Read more
>
(Russian)
03
December 2009
Priority Registration of Domain Names in Cyrillic Domain .РФ
(.RF)
Since 25 of November, 2009 the acceptance of applications on
priority registration of domain names in the new Cyrillic .РФ
(.RF) domain for owners of the trademarks and service marks
registered in Russian has began. The acceptance of applications
on priority registration will last to 25
March 2010.
Within this period-limit of priority registrations, an
application can be submitted for the receipt of .РФ
domain-names ownership on operating for
Russian-speaking trademarks, officially registered within the
territory of the Russian Federation. The priority registration
in the .РФ domain is performed with respect to a domain name
corresponding to a word designation of a trademark that is
registered with respect to any goods or services.
Priority registration of domain names in the .РФ domain is
regulated by the Rules of Domain Name Registration in the .РФ
Domain and the Provisions on Priority Registration of Domain
Names in the .РФ adopted by Domain Russian Coordinating Center
of the National Internet Domain on 30 September 2009.
Read more
>
(Russian)
15
September 2009
Clarifications of the Supreme Arbitration (Commercial) Court of
the Russian Federation on Bankruptcy Law
The Update is dedicated to the latest clarifications of the
Supreme Arbitration (Commercial) Court of the Russian Federation
regarding application of Federal Law No. 127-FZ «On Insolvency
(Bankruptcy)», dated 26 October 2002.
On 23 July 2009 the Plenum of the Supreme Commercial Court of
Russian Federation adopted Resolution No. 58 "On Certain Issues
Related to Satisfaction of the Pledgeholder's Claims in Case of
the Pledgor's Bankruptcy", Resolution No. 59 "On Certain Issues
Related Application of the Enforcement Law Where the Debtor
Undergoes Bankruptcy Procedures", Resolution No. 60 "On Certain
Issues Related Application
of Amendments to the Bankruptcy Law introduced by Federal Law
No. 296-FZ, dated 30 December 2008", Resolution No. 63 "
On Current Claims under Monetary Obligations in a Bankruptcy
Case ". The Resolutions are mandatory for lower commercial
courts when handling similar legal matter.
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>
(Russian)
09
September 2009
Changes to Russian Competition Legislation. Government of the
Russian Federation Clarifies Instances Where Agreements Between
Economic Entities Are Permissible
Resolution No. 583 of the Government of the Russian Federation,
dated 16 July 2009, entered into force on 31 July 2009. The
resolution establishes instances in which agreements between
buyers and vendors are permissible (and general exceptions),
provided that a number of conditions are met: the product should
be sold to two or more buyers (with the vendor's share of the
product market at less than 35 percent) or to a single buyer
whose share of the product market is less than 35 percent; the
vendor and buyer should not compete with each other (except for
the competition on a product market on which the buyer purchases
the product for subsequent sale); the buyer should not
manufacture products that are mutually replaceable with respect
to the products that are the subject of the agreement, etc.
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>
(Russian)
07
September 2009
Amendments to Some Laws of Moscow Region, Regulating Land
Relations
On July 17, 2009, the Governor of Moscow Region signed Law of
Moscow Region No. 96/2009-OZ "On introduction of amendments to
some laws of Moscow Region, regulating land relations in Moscow
Region”. The Law amending the Law of Moscow Region № 23/96-OZ
"On regulation of land relations in Moscow Region" and the Law
of Moscow Region No. 126/2008-OZ "On establishment of
coordinating dimension of rent charge for land plots, owned by
Moscow Region, or the state ownership to which isn't
differentiated at the territory of Moscow Region, on 2009".
Importantly for investors and developers, the amendments enlarge
the powers vested in the Government of Moscow Region & local
authorities of Moscow Region. Particularly, beginning 1 January
2009 local authorities of Moscow Region have power to down-size
rental payments for land plots etc.
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>
(Russian)
03
September 2009
Important Changes
in the Corporate Legislation
On July 19, 2009 a Federal Law No.
205-FZ
"On
the Amendments to Certain Legislative Acts of the Russian
Federation” was enacted.
The Federal law establishes the procedure for considering
corporate disputes related to the creation, reorganization or
liquidation of legal entities, ownership of shares, stakes in
charter capital, and shares of members of a cooperative, issuing
securities, and appealing the decisions of management bodies.
The law will
enter into force on 21 October 2009.
Read more
>
(Russian)
30 July 2009
Latest
Amendments to the Bankruptcy Law
Federal Law No. 195-FZ of July 19, 2009 "On the Amendments to Individual
Legislative Acts of the Russian Federation” introduced important changes to the Bankruptcy Law.
The
amendments putted by the Federal
Law No. 195-FZ have specified features of legal position of
creditors, demands of which are secured by pledge of debtor's
property, the size of remuneration of insolvency officer in a
case about bankruptcy, the size of payment of services of
persons attracted by external administator or competitive
administrator for carrying our his activity.
The law
entered into force on 22 July 2009.
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>
(Russian)
28
July 2009
Important Changes
in the Antimonopoly Legislation
On July 17, 2009 a
Federal Law No.
164-FZ
"On
Protection of Competition and Certain Other Legislative Acts of
the Russian Federation”
was enacted, which
amended a number of key regulations for antimonopoly legislation in Russia.
The Law has introduced the following key changes: (1) expanded
application of the Federal Law «On Protection of Competition»;
(2) the Law treats a business entity as having a dominant
position irrespective of its market share; (3) amendment of
definitions of monopolistic high and low prices; (4) amended
restrictions with respect to vertical agreements; (5) expanded
powers of the antimonopoly authority; (6) increase of thresholds
for the application of antimonopoly consent or notification
requirements etc.
The law will
enter into force on 23 August 2009.
Read more >
(Russian)
15
June 2009
Amendments to Federal Laws Governing Joint-Stock Companies and
Securities Market
On June 10, 2009, the Federal Law No. 115-FZ
"On Amendments to
the Federal Law On Joint-Stock Companies and Article 30 of the
Federal Law On Securities Market"
came into force.
Read more >
(Russian)
05
May 2009
Amendments to the Bankruptcy Law
Federal Law No.
73-FZ
of April 28, 2009 "On the Amendments to Individual
Legislative Acts of the Russian Federation” introduced important changes to the Bankruptcy Law.
The Federal Law is aimed at
protection of interests of creditors in the cases of bankruptcy
of organisations.
Read more
>
(Russian)
27 April 2009
The Plenum of RF Supreme Court and RF Supreme Arbitration Court
has clarified
questions that have arisen on intellectual property law
Resolution of the Plenum of Supreme Court of Russian Federation
No. 5 and Plenum of the Supreme Arbitration Court of the Russian
Federation
No. 29 of March 26, 2009 (published on 22 of
April 2009, Rossiiskaya Gazeta) clarifies applying of
regulations of the RF Civil Code (part IV).
Read more >
(Russian)
12 March 2009
Changes in Limited Liability Companies Legislation
On December 30, 2008 a Federal Law No. 312-FZ “On Amending Part
I of the Civil Code of the Russian Federation and Certain Other
Legislative Acts of the Russian Federation” was enacted, which
amended a number of key regulations for limited liability
companies in Russia.
Read more >
(Russian)
10
March 2009
Amendments to the placement of orders in point of delivery of
goods, performance of work, rendering services for state and
municipal needs legislation / March 2009
On 30 December 2008 a Federal Law No. 308-FZ "On Amendments to
the Federal Law "On Placement of Orders in point of Delivery of
Goods, Performance of Work, Rendering Services for State and
Municipal Needs” and Certain Other Legislative Acts of the
Russian Federation” was adopted.
Read
more
>
(Russian)
09
March 2009
Amendment to the Bankruptcy Law / March 2009
Federal Law No. 296-FZ "On Amendments to the Federal Law "On
Insolvency (Bankruptcy) ” and Certain Other Legislative Acts of
the Russian Federation” dated 30 December 2008 introduced
significant changes to the Bankruptcy Law.
Read more >
(Russian)
09
March 2009
Changes in restructuring of legal entities legislation / March
2009
On December 30, 2008 the President signed Federal Law No. 315-FZ
"On Amendments to the Federal Law "On Banks and Banking
Operations” and Certain Other Legislative Acts of the Russian
Federation” , which introduced a number of significant changes
to regulations regarding restructuring of legal entities.
organization order (not only for banks).
Read more >
(Russian)
09
March 2009
Overview of amendments to the protection of legal entities’ and
individual entrepreneurs’ rights during state and municipal
control (supervision) actions legislation / March 2009
On 26th of December 2008 a Federal Law No. 294-FZ "On Rights
Protection of Legal Entities and Individual Entrepreneurs During
State and Municipal Control (Supervision) Actions” was adopted.
Read more
>
(Russian) |
