Being the largest among CIS countries with immense opportunities for business, according to annual World Bank reports, Russia has made the most progress among the biggest emerging economies in implementing policies to improve its investment climate in recent years.
The uniform customs territory in the framework of the Customs Union as well close cultural links between Kazakhstan and Russia and their common historic heritage are the main drivers for strong economic cooperation between the two countries and permanent growth for trade turnover and mutual investments.
Having been on cutting edge of the developments ever since its establishment and constantly striving to extend the scope of its services available to clients, in 2013 GRATA opened its office in Moscow.
Establishing a stronger presence in Russia, GRATA International opened associate offices in: Novosibirsk - December 2016, Samara - January 2017 and, Rostov-on-Don - May 2017, Saint-Petersburg - April 2017.
In April, 2019 associate office in Rostov-on-Don, reaches a new stage of development and becomes a fully Integrated office.
GRATA International has representative in Kazan.
Extensive, internationally recognized expertise in providing legal support to investors in connection with cross-border M&A and financial transactions, capital markets projects and project finance in the Central Asia region and the ability to handle the most complex multi-jurisdictional assignments in cost-efficient manner while delivering high-quality results are the key strengths that we are fully implementing in Russia.
LEGAL SUPPORT ON SUBSCRIPTION BASIS
Tel.: +7 (495) 660-11-84
Fax.: +7 (495) 660-11-64
Address: Office 15, 28th floor, Federation Tower-I "East", 12, Presnenskaya Embankment, Moscow
Address: 16, 9th November Str., Novosibirsk, Russia, 630102
Address: 139/94 Tekucheva street, Rostov-on-Don, Russia, 344018
Address: 23 Novgorodkaya str., Office 238, Saint Petersburg, Russia, 191124
Address: 137, Sadovaya Str., 5th floor, Samara, Russia, 443041
GRATA International is glad to announce the addition of an integrated office in Saint Petersburg, Russia. After going through transitional stage in its development as a firm and appreciating the benefits of the corporate systems and platforms, the opportunities and potential of the network, “Legal Studio” Law Firm, associate office in St. Petersburg (Russia), has reached a new milestone and will now become an integrated office “GRATA International SPB”.
Despite the fact that the political situation in Austria, in comparison with other countries of the Western world, is considered more favorable towards Russia, banks and other service providers have recently begun to treat Russian customers with increasing suspicion and skepticism.
Joint venture companies, being one of the forms of doing business, despite the sanctions and the tense political situation on the world stage, continue to enjoy certain popularity in Russia. Foreign investors are actively investing their money, knowledge and experience in domestic business, together with Russian partners, are opening various companies and enterprises in various sectors of the economy. There are many reasons for this, the main of which are gaining access to new commercial markets, and the ability to produce new types of goods and services.
Speaking of proving the execution of the works by the contractor, the first thing should be to consider the acts of transfer and acceptance of completed works (Art. 720 of the CC RF (Сivil Сode of Russian Federation).
Igor Lukin, Head of GRATA International Corporate Law Department, took part in the Round Table on Competition and Antimonopoly Regulation organized by the Eurasian Economic Commission and held on June 19 in Moscow.
Uzbekistan and Russia are intensifying cooperation and are moving from discussing substantive issues to the plane of their implementation. The Prime Ministers Abdulla Aripov and Dmitry Medvedev agreed on this, reports Rossiyskaya Gazeta.
Best Lawyers, the oldest and most respected guide to the legal profession, announced the 11th Edition of The Best Lawyers in Russia on 24 May 2019.
Representatives of GRATA International law firm Aidar Sarymsakov, Dmitry Gladkov, Irina Obukhova, Atabek Sharipov, Nodir Yuldashev, and Bakhodir Jabborov will take part in the St. Petersburg International Legal Forum 2019.
Any business activity, one way or another, is connected with the involvement of labor resources, since with the development of the company it becomes impossible to independently perform the necessary functionality. Thus, entrepreneurs and heads of business structures attract employees to perform certain duties, concluding employment contracts.
Usually, under the delivery contract, the parties agree on the terms about an advance payment for goods, such provision is aimed at protecting the supplier’s interests. However, the provision about an advance payment has negative impacts for a supplier.
The Constitutional Court of the Russian Federation has obliged a tax authority to check the relevancy of the claim to recognize a debtor as a bankrupt in terms of prospects and economic feasibility of initiating such dispute.
According to Russian newspaper «Kommersant,» Legal Studio, the associate office of GRATA International in Saint-Petersburg, is at Top 5 Ranking «Best Legal practice», specifically «Employment Dispute Resolution» nomination.
The resolution of the Federation Council of the Federal Assembly of the Russian Federation approved Federal law "On Amendments to Parts One and Two, and Article 1124 of Part Three of the Civil Code of the Russian Federation" (hereinafter - the Federal Law). On March 18, 2019, this Federal Law was signed by the President of the Russian Federation.
The Federal Antimonopoly Service (FAS) has made a set of proposals to further reform the public procurement law. The main idea is aimed at eliminating too complicated procedures, which occur in the process of state procurements between customers and suppliers.
Let us introduce you this 'Doing Business in Russia' publication prepared by GRATA International law firm in Moscow. The information in the brochure is based on theoretical and practical information available as of February 2019. The content of this brochure is intended for foreign businessmen and companies seeking to do business in Russia, incentives and support measures for investors.
On April 11-12, 2019, the 3rd International Practical Conference "Protection of Intellectual Property Rights" was held in St. Petersburg. Timur Berekmoinov, Senior Associate of Intellectual Property Department, as well as Aliya Zhumekenova, Counsel, represented GRATA International Law Firm at the Practical Conference.
Legal 500 has recently released its annual rankings of international law firms – Legal 500 EMEA 2019.
Stepanov&Aksuk Law Office, GRATA International’s Associate office in Rostov-on-Don (Russia), reaches a new stage of development and becomes a fully Integrated office.
A draft federal law “On Digital Rights”, amending parts one, two, and article 1124 of part three of the Civil Code of the Russian Federation (the “Law”) was adopted in its final reading. The goal of the Law is to enshrine a number of basic concepts in civil legislation, such as "digital rights" and "self-executing contracts", on the basis of which the Russian legislator could regulate the market of such objects of economic relations as “tokens”, “cryptocurrency” and other digital assets, to provide conditions for the execution and performance of transactions in the digital environment, including transactions with large volumes of information (Big Data).
A draft Federal Law supplementing the Code of Administrative Offenses of the Russian Federation with three new offenses in connection with dissemination in the media and the information networks, including the Internet, of false socially significant information under the guise of reliable messages (the so-called "fake news"), and measures of liability for their commission depending on severity of consequences was adopted by the State Duma in its final reading.
On 1 January 2019 amendments to the Federal Laws “On the Basics of State Regulation of Trading Activities in the Russian Federation” and “On the Use of Cash Registers when Making Settlements in the Russian Federation”, introduced by Federal Law No. 488 – FZ of 25.12.2018, came into force, providing for the creation of a state information system for monitoring the circulation of commodities subject to mandatory labeling by means of identification, and requirements to it.
The list of commodities subject to mandatory labeling by means of identification and deadlines for their labeling in 2019 are approved by the Government of the Russian Federation.
This review highlights some significant changes in federal laws and other regulatory legal acts in Russia that regulate the circulation of medicines, including:
a new procedure for releasing into circulation of medicinal products for medical use;
We are glad to announce that starting January 2019 our clients can receive a full range of legal services in Kazan.
On 1 January 2019, amendments to the Resolution of the Government of the Russian Federation No. 102 of 05.02.2015 that provides for restrictions and conditions for the admission of certain types of medical devices originating from foreign countries for the purpose of procurement for state and municipal needs ("Resolution No. 102")
and the Resolution of the Government of the Russian Federation dated November 30, 2015 No. 1289 that establishes the restrictions and conditions for admission for the purposes of procurement to ensure the state and municipal needs of medicinal products originating from foreign countries included in the list of vital and essential drugs (VED) ("Resolution No. 1289"), came into force.
This article discusses the features of foreclosure on the subject of a pledge. The author focuses attention on the fate of a pledge, as an encumbrance on the subject, which was a guarantee of the fulfillment of the Debtor’s obligations to the creditor. The conflict between the norms of the Civil Code and the Federal Law “On Insolvency (Bankruptcy)” is considered, supported by relevant examples from judicial practice.
Since August 10, 2017, the Federal Law of July 29, 2017 No. 216-FZ has been in effect in Russia, providing for the legal basis for establishment and operation of innovation scientific and technological centres in order to implement the priorities of the scientific and technological development of the Russian Federation, increase the investment attractiveness of research and development, the commercialisation of their results, incentives for persons involved in the implementation of such projects, the features of their activities, including urban planning, educational and medical activities (the "Law No. 216-FZ").
Since April 23, 2018, the provisions of the Federal Law No. 229-ФЗ "On Enforcement Proceedings" dated October 2, 2007, regulate the procedure for enforcement of the requirement contained in the executive document to remove information distributed on the Internet that defames the honor, dignity or damages business reputation of a citizen or damages business reputation of a legal entity.
The editorial office of the newspaper Delovoy Peterburg (Peterburg Buisness Daily) conducted the traditional rating "Lawyer of the Season" in the summer of 2018.
In 2017 the International Federation of Consulting Engineers has introduced major amendments to FIDIC 1999 Yellow, Red and Silver Books which have been in use in the construction industry for almost twenty years.
Dmitry Samigullin spoke on Business setup in Russia in Zurich.
In July and August 2018, the Federal Laws were signed aimed to expand:
The Federal Law dated 03 August 2018 No. 290-FZ “On International Companies” (“Law No. 290-FZ”) defines the legal status of international companies - an economic organisation with the status of an international company registered in the Unified State Register of Legal Entities (USRLE) in connection with the change of a personal law by a foreign legal entity by way of redomiciliation, specific features of its activities, reorganisation and liquidation, as well as the recording and exercising of rights to its securities.
Federal Law No. 291-FZ dated 3 August 2018 (Law No. 291-FZ) provides for the establishment and operation of special administrative districts in the territories of the Russian Island (Primorsky Krai) and Oktyabrsky Island (Kaliningrad Region) to form an investment-attractive environment for Russian and foreign investors.
On 5-7 September 2018, a IBA Europe-Caucasus-Asia Forum 2018 will be held in Almaty.
Stable international cooperation in the area of trade and civil turnover is only possible where foreign counterparties and businessmen are confident about protection of their rights in the territory of a foreign state.
During the Month of July 2018 GRATA International (Russian Federation) generated the most usage from Mondaq users for the category of commercial law.
On 29 July 2018 several Federals Laws were signed off amending the Federal Law 'On Currency Regulation and Currency Control' as follows:
Federal Law No. 246-FZ introduced additional cases when a resident (an individual or legal entity deemed as the resident of the Russian Federation for currency control purposes) is deemed to have fulfilled the duty to repatriate the currency proceeds;
On July 31, 2018, the Federal Service for Supervision of Communications, Information Technologies and Mass Communications (Roskomnadzor) hosted the Open Doors Day, timed to coincide with the anniversary of the adoption of Federal Law No. 152-FZ "On Personal Data", during which representatives of Roskomnadzor spoke, in particular , about the position of the agency in relation to the General Data Protection Regulation (GDPR), the most frequent complaints of Russian citizens in connection with the actions or omissions of operators who violate the requirements of the laws on personal data processing, typical breaches of the personal data legilslation and presented recommendations how to avoid such breaches.
The Government of the Russian Federation by its Resolution No. 633, dated 31 May 2018 introduced changes to the Rules for the State Registration of Medical Devices approved by Resolution of the Government No. 1416, dated 27 December 2012.
The changes are aimed at reducing the timing of state registration of certain types of medical devices, bringing the requirements for documents confirming the quality of a medicine and pharmaceutical substance contained in the medical device, as well as the procedure for making changes to the registration certificate and registration dossier for a medical device in line with the requirements of the Eurasian Economic Union.
On 17 July 2018, the Board of the Eurasian Economic Commission (EEС) adopted the following acts aimed at regulation of the general market of medicines in the Eurasian Economic Union (EAEU):
Federal Law No. 234-FZ of July 29, 2013 amended the Tax Code of the Russian Federation providing for the cancellation of the state duties for state registration of:
On 23 March 2018, the United States of America introduced a special protective measure in the form of increased customs duties on imports for steel and aluminium products, including those originating from the Russian Federation.
During the Month of June 2018 GRATA International (Russian Federation) generated the most usage from Mondaq users for the category of commercial law.
On 4 June 2018, the Federal Law 'On the Measures (Countermeasures) in Response to Unfriendly Actions of the USA and(or) other Foreign States' (hereinafter - the 'Law') was published and came into force.
On 17 May 2018, amendments to the Federal Law 'On the Circulation of Medicines', which simplify the procedure for registration of medicinal products for foreign manufacturers of medicines, were adopted in the third final reading.
Resolution of the Government of the Russian Federation No. 572 dated 12 May 2018 introduced amendments to Resolution No. 1289 dated 30 November 2015 that establishes restrictions and conditions for admission to the procurement for state and municipal need of medicinal products included in the list vital and essential medicines (VEM) originating from foreign states.
On 17 May 2018, the State Duma adopted in the second reading the draft Federal Law 'On the Measures (Countermeasures) in Response to Unfriendly Actions of the USA and(or) other Foreign States'.
On 16 April 2018, the Council of the State Duma approved for consideration the draft Federal Law 'On the Measures (Countermeasures) in Response to Unfriendly Actions of the USA and(or) other Foreign States' developed by a group of deputies (hereinafter - the 'Draft Law').
On 21 April 2018, the Instruction of the Central Bank of the Russian Federation No. 4561-u dated October 2017, which establishes a new procedure for qualifying foreign financial instruments that have been assigned with the security identification code (number) (ISIN code) and the international classification code of financial instruments (CFI code), as securities ('Procedure').
On 14 April 2018, the changes to the Federal Law 'On Currency Regulation and Currency Control' (the 'Currency Regulation Law') and the Code of the Russian Federation 'On Administrative Offenses' introduced by Federal Law No. 64-FZ dated 3 April 2018 became effective, which provide for the obligation of Russian residents to repatriate to their accounts in Russian banks funds granted to non-residents under loan agreements and liability for a failure to perform this obligation.
To ensure the procedural application is accepted and considered by the arbitration court of the Russian Federation, a number of obligatory requirements shall be observed.
On 16 March 2018, the Government of the Russian Federation adopted several decisions on the establishment of 19 new territories for priority socio-economic development (TPSED) in the following regions of Russia:
The publication is about data protection in Russia
In Russia, on the participant of legal relations is entrusted serious risks associated with the manifestation of due diligence and prudence, which are often a condition for the subsequent protection of rights before state bodies and courts, including in disputing transactions.
On 1 March 2018, the Commission of the Federal Antimonopoly Service of the Russian Federation Office for St. Petersburg issued an order in respect to Afanasy Private Brewery LLC to stop violation of Article 14.6.1 of Federal Law No. 135-FZ, dated 26 July 2006 'On Competition Protection', in particular, the illegal use of the designation 'ОХОТА НАШЕГО' being confusingly similar to the trademark 'ОХОТА' the right holder of which is Heineken Russian subsidiary.
On 1 June 2018, changes to the Civil Code of the Russian Federation (the 'Civil Code') and certain other federal laws will come into force in terms of regulation of certain types of obligations and contracts, and foreclosure on certain types of assets, introduced by Federal Law No. 212-FZ dated 26 July 2017.
At the Pharmaceutical Forum of the EAEU and CIS countries held in Moscow in late February 2018, the Director of the Department of Technical Regulation and Accreditation of the Eurasian Economic Commission (EEС) said that the full-scale work on registration of medicines using the unified information system of the Eurasian Economic Union (EAEU) will start upon its launch scheduled on the first half of 2018. Currently, the integration segment of this system is ready, and the work to prepare national segments in each state of the EAEU is underway. Representatives of the regulatory authority of Kazakhstan reported that the first applications for registration of medicines under the unified EAEU rules had already been submitted, and representatives of the Belarus regulator confirmed their readiness to accept such applications.
During the Month of February 2018 GRATA International (Russian Federation) generated the most usage from Mondaq users for the category of commercial law.
On 1 March 2018 the Government of the Russian Federation by its decision No. 213 approved the criteria on the basis of which activities of legal entities and individual entrepreneurs are assigned with certain categories of risk for the purpose of state control over compliance with antitrust laws, and established three risk categories, respectively: average, moderate and low.
The Government of the Russian Federation by its resolution No. 158 of 15 February 2018 approved:
On 5 February 2018, Federal Law No. 16-FZ on the introduction of amendments to the Federal Law 'On the Fundamental Principles of Tourist Activities in the Russian Federation' and the Code of the Russian Federation 'On Administrative Offenses' was signed ('Law No. 16-FZ'). Law No. 16-FZ provides, inter alia, for obligatory classification of hotels, ski trails, and beaches and is aimed at improving the legal regulation in the provision of hotel services.
In December 2017 and early February 2018, the Government of the Russian Federation adopted a number of decisions on the establishment of territories for priority socio-economic development (TPSED) in several regions of Russia, including the Republic of Tatarstan, Stavropol Territory and Chelyabinsk Region. Residents of TPSED are granted with substantial tax, customs and other incentives in accordance with the Federal Law No. 473-FZ dated 29 December 2014 ‘On the Territories of Priority Socio-Economic Development in the Russian Federation’ and reginal laws.
During the Month of January 2018 GRATA International (Russian Federation) generated the most usage from Mondaq users for the category of commercial law.
Yana Dianova, Director of the Corporate and Commercial Law Department (GRATA International, Moscow) and Timur Berekmoinov, a patent attorney (GRATA International, Almaty) took part in the international conference 'Intellectual Property in the New Technological Order'.
Pursuant to the changes in the Federal Law 'On Circulation of Medicines' introduced by Federal Law No. 425-FZ, dated 28 December 2017, from 1 January 2020 legal entities and individual businessmen engaged in the production, storage, import, release, sale, transfer, use, and destruction of medicines will have to ensure that information on the medicines is entered in the system for monitoring the medicines circulation.
Manufacturers of medicines will be required to place on primary packaging (if no secondary packaging is provided for the relevant medicines) and secondary (consumer) packaging of medicines for the medical use the identification marks.
On 1 February 2018, the Federal Law, dated 31 December 2017, No. 486-FZ 'On Syndicated Lending and Introduction of Amendments to Certain Legislative Acts of the Russian Federation' that provides for specific features of entering into and performance of a syndicated loan agreement under which several legal entities may act simultaneously as creditors and the debtor, as the general rule, performs its obligations before the creditors by transfering moneraty funds to the credit manager elected by the creditors.
On 1 January 2018, Federal Law No. 187-FZ dated 26 July 2017 "On the Security of the Critical Information Infrastructure of the Russian Federation" comes into force.
From 1 January 2018, in the course of scheduled inspections of legal entities and individual businessmen, the controlling authorities will use checklists in certain cases.
From 1 January 2018, a risk-oriented approach in organising and implementing state control (supervision) over business activities will apply. Under this approach, in some cases, the choice of intensity (form, duration, periodicity) of inspections and other control measures is determined by referring the activities of a legal entity, individual businessman and(or) production facilities used by them in the performance of such activities to a certain risk category or a certain hazard class (category).
From 1 January 2018, a number of sections have been excluded from the uniform list of products that are subject to obligatory certification.
From 1 January 2018, a ban for the production and turnover of alcoholic products with an ethyl alcohol content of less than 15% of the volume of finished products containing tonic substances (components) is introduced, except for the products produced for the purpose of export from the Russian Federation.
On 1 February 2018, the Rules and Criteria for Classifying Products as Industrial Products that Have No Analogues Produced in Russian Federation approved by the Decision of the Government of the Russian Federation No. 1135 dated 20 September 2017, come into force.
From 1 January 2018, in the territory of the special economic zone (SEZ) in the Kaliningrad region new tax incentives will apply
From 1 January 2018, taxpayers may reduce the amount of tax (advance payment) payable to the budget of a constituent of the Russian Federation by no more than 90% of the current period expenditures for the purpose of completion, further equipping, reconstruction, modernisation and technical re-equipment of fixed assets.
From 1 January 2018, Russia implements a 'tax free' system, which involves the VAT refund when exporting goods by citizens of foreign countries (other than EAEU countries) purchased by them in Russia in retail organisations.
From 1 January 2018 the Federal Law 'On the Introduction of Amendments to Certain Legislative Acts of the Russian Federation on the Application of Information Technologies in the Area of Health Protection' No. 242-FZ dated 29 July 2017 comes into force (except for certain provisions).
From 1 January 2018, the online media shall ensure that the following information is published on its website: name (title) of the publication, founders (co-founders), full name of the editor-in-chief, e-mail and phone number of the editorial board, content mark (in certain cases).
From 1 January 2018, the specific requirements to the description of the medicines for medical use which are purchased for the state and municipal needs in documentation on purchase of the medicines shall become effective.
From 1 January 2018, the threshold values of revenues and assets of legal entities that are obliged or may make purchases from small and medium enterprises (SMEs) are reduced.
Federal Law No. 212-FZ 'On the Introduction of Amendments to the First and Second Parts of the Tax Code of the Russian Federation and Individual Legislative Acts of the Russian Federation' comes into force on 1 June 2018.
From 28 January 2018, the unified requirements to the business standing of shareholders and managers of banks, insurance organisations, non-state pension funds, microfinance organisations, management companies of investment funds and mutual investment funds shall apply.
From 1 January 2018, microfinance organisations shall provide the financial service recipient in his/her personal account the information on the individual terms and conditions of the consumer loan agreement, payment schedule, as well as structure and amount of the current debt.
From 1 January 2018, the civil legal relationships arising between a microfinance organisation and the recipient of financial services in connection with the conclusion of the contract for POS-microloans shall be subject to the provisions on requesting information from the recipients of financial services.
From 1 January 2018, the instructions of the Bank of Russia come into force that set economic standards for microfinance and microcredit companies:
In accordance with Article 310.3 of the Civil Code of the Russian Federation, unilateral refusal to perform obligations is generally not allowed.
The Supreme Court of the Russian Federation proposed to the State Duma a draft law, under which reasoned decisions will be prepared by courts only upon applications of parties to the case or their representatives.
Deputies of the State Duma proposed a draft law, under which civil and administrative cases will be supported only by professional lawyers.
Under the Draft Law of the Supreme Court of the Russian Federation, arbitration courts will hear cases in a simplified procedure in the following cases:
From 1 January 2018, as part of the global reform of the system of business inspections, new principles for carrying out control measures come into force.
From 1 January 2018, the Customs Code of the Eurasian Economic Union will enter into force, which contains many novelties.
The Supreme Court also proposed the draft law on the introduction of a new criminal act such as a misdemeanor.
The Federal Antimonopoly Service of Russia proposed the draft law on increasing criminal liability for the conclusion of a cartel agreement and establishing criminal liability for such an act committed by an organised group, as well as by a person acting as a sole executive body, a member of the board of directors or another collegial executive body in a commercial or other organisation, and also by a person, who manages more than fifty percent of the total number of voting shares in the charter capital of the economic company (partnership, economic partnership).
The Ministry of Finance of Russia proposes to supplement the Criminal Code of the Russian Federation with a new Article 202.1 'Knowingly False Audit Report' that establishes criminal liability for signing an audit report, which was subsequently submitted to the audited entity or the person concluded the contract for auditing services, and was deemed by the court to be knowingly false.
At the end of 2017, the Resolution of the Plenum of the Supreme Court No. 48 'On Judicial Practice in Cases Concerning Fraud and. Embezzlement' gave new explanations for the application of articles in the area of WCC (fraud). The decree updates the legal positions that have been in force since 2007.
From 1 January 2018, pursuant to Article 201.2 of the Federal Law 'On Insolvency (Bankruptcy)', a 'new entity' will be a unitary non-profit organisation - Fund for Protection of Rights of Citizens Participating in Shared-Equity Construction, which purpose is to pay creditors in case of the bankruptcy of developers as well as to finance the construction completion. The fund has the status of a public company.
Команда юристов GRATA International в России подготовила обзор наиболее важных изменений в законодательстве Российской Федерации, вступающих в силу в 2018 году.
The overview highlights some significant changes in the legislation of the Russian Federation that come into force in January and February 2018
On 13 December 2017, the State Duma of the Russian Federation adopted in the first reading the draft Federal Law aimed at the legalisation of remote retail trade in medicines.
During the Month of November 2017 GRATA International (Russian Federation) generated the most usage from Mondaq users for the category of commercial law.
On 7 December 2017, the results of the national law firms rating – ‘Право.ru-300’ were announced.
As of 1 January 2018, the Instruction No. 181-I of August 16, 2017 of Bank of Russia establishing the procedure for the submission by Russian residents and non-residents to authorised banks of supporting documents and information on the performance of currency transactions, as well as unified forms of accounting and reporting on currency transactions, the procedure and timing of their submission becomes effective.
The Federation Council approved on 22 November 2017 the draft Federal Law amending the Federal Law "On Information, Information Technologies and Information Protection" and the Law of the Russian Federation "On Mass Media" for the purposes of the regulation of foreign media in Russia.
Yana Dianova, Director of the Corporate and Commercial Law Department of GRATA International (Moscow office), took part in the preparation of the Doing business 2018 annual report by the World Bank on the Russian Federation.
Here is a good news for companies: On 22 September 2017, members of the State Duma of the Russian Federation adopted a bill that introduced amendments to the Tax Code of the Russian Federation through third reading.
The Ministry of Finance of the Russian Federation issued an order (No. 135n, dated 25 August 2017), according to which the list of information about a legal entity, peasant (farm) economy, individual registered as IE posted on the official FTS website is subject to change.
The Civil Code provides for the obligation of participants to determine the period for liquidation of a legal entity (Article 62.3 of the Civil Code of the Russian Federation). Until 1 September 2017, however, there were no restrictions on determining the time limit or consequences for non-observing thereof established by the legislator.
At the end of July, the Supreme Court of the Russian Federation issued a Ruling in case No. A19-916/2016, which put an end to the issue of tax authorities competence to check the working computers and software of legal entities during the on-site audits. Now, tax authorities can check the contents of taxpayers' computers during audits.
On 18 August 2017, Decree of the Government of the Russian Federation No. 913, dated 31July 2017 came into effect. According to the Decree, legal entities shall disclose the information about their beneficiaries upon requests of tax authorities and the Federal Financial Monitoring Service (hereinafter - the 'Rosfinmonitoring').
In order to toughen the liability for business for 'fraud' with taxes and formation of the evidentiary basis of the taxpayer's intent of tax underpayment, a Letter of the Federal Tax Service of Russia (hereinafter - the 'FTS') No. ED-4-2/ 13650 dated 13 July 2017 was developed.
Associate office of GRATA International in Samara RBL law office became a partner of the large industrial park of the Samara region
Статья управляющего партнера Ассоциированного офиса GRATA International в Новосибирске (Россия) USCONSALT Евгении Бондаренко о проверке российского контрагента перед сделкой.
Статья управляющего партнера Ассоциированного офиса GRATA International в Новосибирске (Россия) USCONSALT Евгении Бондаренко о соблюдении ряда обязательных требований при принятии процессуального обращения арбитражным судом Российской Федерации.
Amendments to the Federal Law No. 149-FZ of 27 July 2006 "On Information, Information Technologies and Information Protection", which came into force on 1 October 2017, provide, inter alia, for the administrative procedure for restricting access to copies of Internet sites blocked by a decision of the Moscow City Court in connection with the repeated and illegal placement of information containing copyright and (or) related rights, or information necessary to get access thereto (so-called mirror sites).
11-12 октября 2017 года, ассоциированный офис GRATA International в Новосибирске ЮСКОНСАЛТ совместно с Правительством Новосибирской области и Ассоциации Юристов России организовали межрегиональную практическую конференцию для бизнеса «Государственно-частное партнерство. Просто о сложном».
GRATA International is launching a new practice in Russia - White-Collar Crime. In keeping with GRATA International's practice of informing about important legal developments that might affect their business, we highlight the impact of criminal law on business in Russian Federation.
Federal Law No. 216-FZ of 29 July 2017 "On Innovative Scientific and Technological Centers and on Amending Certain Legislative Acts of the Russian Federation", which entered into force on 10 August 2017, regulates relations arising in connection with establishments of innovative scientific and technological centres (ISTC) and their functioning.
GRATA International Moscow office contributed to the International Comparative Legal Guide series - Franchise 2018 with the chapter on Russia.
The Federal Service for Supervision of Communications, Information Technology, and Mass Media (Roskomnadzor) held a seminar on the organisation of activities of web publications with the participation of the Roskomnadzor legal experts and the representative of the RU/RF Domain Coordination Centre. The recent changes in legislation were discussed in detail, including the procedure for registration of an online media as a mass media, as well as requirements for founders and chief editors of mass media, specifics of registration and administration of Internet domain names and law enforcement practices in connection with violations of the laws on information and mass media.
On July 30, 2017 the amendments to the Federal Laws "On Foreign Investments in the Russian Federation" and "On the Procedure for Making Foreign Investments in Companies of Strategic Importance for National Defense and State Security" came into force, in particular, clarifying the notion of a foreign investor and supplementing the list of activities of strategic importance for the national defense and state security, as well as establishing new consequences of non-compliance by foreign investors of the obligation to submit information to the competent authority on the acquisition of 5 percent and more of the shares (stakes) of the strategic company.
On 30 July 2017, amendments to the Code of Administrative Violations of the Russian Federation introduced by the Federal Law No. 175-FZ dated 18 July 2017, came into force. The amendments establish special administrative liability for the failure of the manufacturer (contractor, seller, or a person acting as a foreign manufacturer) to take measures for harm prevention in case of circulation products that do not meet the requirements of technical regulations.
On 27 July 2017, the Federal Service for Supervision in the Area of Communications, Information Technology and Mass Communications (Roskomnadzor) held a traditional open day coincided with the date of adoption of the Federal Law No. 152-FZ 'On Personal Data'. Experts of Roskomnadzor clarified the new set of elements of an administrative provided for by Article 13.11 of the Code of Administrative Offences of the Russian Federation and corresponding measures of administrative liability that came into force on 1 July 2017, and also described typical violations in the area of personal data revealed during inspections of personal data operators in the first half of this year.
On 19 July 2017, the Federation Council approved a draft law on the Adoption of a Protocol on Amending the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) under which TRIPS is supplemented with the provisions regarding the extended application of the mechanism allowing WTO member states to issue compulsory licenses for the production of genericmedicines for export and, where required, to use immunity if their actions are challenged by other WTO member states.
GRATA International Associated Office in Rostov-on-Don (Russia) - Stepanov and Aksyuk Law Firm - cooperates with the Investment Development Agency of the Rostov Region.
As of July 12, 2017, amendments to the Arbitration Procedural Code of the Russian Federation and the Civil Code of the Russian Federation come into force, providing, inter alia, for
On 1 July 2017, amendments to the Federal Law 'On Privatisation of the State and Municipal Property' and the Federal Law 'On the Procedure for Foreign Investment in Business Entities of Strategic Importance for National Defense and State Security' became effective, according to which offshore companies and legal entities controlled by an offshore company or a group of entities, which includes an offshore company are not permitted to purchase state and municipal property in Russia.
On 27 June 2017, the Order dated 24 May 2017 became effective which sets the criteria for assessing materials and/or information required to take decisions by the Federal Service for Supervision of Communications...
The President of the Russian Federation (the RF President) signed on 30 June 2017 the Decree No. 293 extending the period of effectiveness of the special economic measures – the embargo on import of certain agricultural products, foods and raw materials originating from countries that imposed economic sanctions on Russia through 31 December 2018.
On 13 June 2017 the Federal Antimonopoly Service of the Russian Federation issued the warnings to Microsoft Corporation on termination of actions (omission) containing signs of the violation of Russian antitrust legislation: abuse of a dominant position by creating discriminatory conditions and unfair competition
On 1 June 2017, the Federal Law No. 92-FZ dated 1 May 2017 came into force that, in particular, established two categories of Russian banks depending of a list of permitted operations: banks with a universal license and banks with a basic license, as well as provided for new requirements for the minimum amount of the charter capital of credit institutions.
GRATA International expands into South of Russia
and welcomes Stepanov&Aksuk law firm as an associate office in Rostov
The Decree No. 244 dated 31 May 2017 of the President of Russian Federation abrogated the following economic measures against Turkey
RBL Lawyer's Office, an associated office of GRATA International in Samara, has been a co-organiser and direct participant of Samara Legal Run for the third consecutive year.
On 22-25 May 2017, the delegation of the Czech Republic headed by the Ambassador Extraordinary and Plenipotentiary of the Czech Republic in Russia - Vladimir Remek, visited the Samara Region.
On 26 May 2017, partners of the GRATA International associated office in Samara - Dmitry Samigullin and Denis Gerassimov Spoke at the Syzran Conference Confined to the Day of Russian Business at the invitation of Promsvyazbank.
The decisions of the Eurasian Economic Union Commission (EEC) came into effect on 26 April 2017, in particular, those approving the Nomenclature of Dosage Forms, Rules for Maintaining the Nomenclature of Medical Products, Rules for Determining the Category of Medicines Sold with and without a Prescription, and Rules for Monitoring the Safety, Quality and Efficiency of Medical Products.
On 13 May 2017, the Direction of the Central Bank of the Russian Federation No. 4335-U dated 31 March 2017 came into force that establishes the threshold values for transactions of joint stock companies and limited liability companies
Continuing rapid development in Russia, GRATA
International is glad to announce the launch of a new associate office in Saint
The trial that lasted over two years in connection with the violation by Google of Russian antitrust law resulted in the conclusion in April 2017 of a settlement agreement with the Federal Antimonopoly Service (FAS Russia)
GRATA International Moscow office experts became the
contributors of the 2017 edition of The International
Comparative Legal Guide to: Data Protection
On 1 May 2017, the Federal Law No. 87-FZ was signed amending the Federal Law 'On Information, Information Technologies and Information Protection', the Code of the Russian Federation on Administrative Violations and some other regulatory legal acts that establish requirements for owners of audio-visual services, including online movie services in Russia, liability for violation thereof, and powers of the Federal Service for Supervision in the area of Communication, Information Technology and Mass Communications (Roskomnadzor) in this respect.
In March and April 2017 the following regulatory acts entered into force:
GRATA International was placed among the best law firms in Europe, with 4 associate offices making an appearance in rankings across Belarus and Russia.
On 14 March 2017, the Federal Antimonopoly Service of the Russian Federation (FAS Russia) recognized Apple's subsidiary in Russia, Apple Rus LLC, guilty of coordinating the economic activities of the Apple IPhone resellers, which led to the establishment and maintenance of prices for these devices, in violation of Article 11 part 5 of the Federal Law No. 135-FZ dated 26 July 2006 "On Protection of Competition".
GRATA International is glad to announce that Gain & Partners Law Firm has become an associate office in Kazan.
An updated version of "Doing business in Russia" brochure prepared by the experts of GRATA International Moscow office contains an overview of the principal legal forms for engaging in profit making activities, tax, customs and other incentives for investors depending on the region and types of activities, restrictions on foreign investors, peculiarities of employment of non-Russian citizens, disputes resolution and enforcement of arbitral awards and foreign courts judgements in Russia, as well as answers to other frequently asked questions.
The Federation Council approved the draft federal law "On the Introduction of Amendments to the Code of the Russian Federation on Administrative Offences" , which establishes the administrative liability for a failure by an Internet provider to perform the obligation to limit or resume access to the information access...
The changes are aimed at enhancing the incentives to Russian manufacturers for the development of implantable medical devices and accelerating their market launch.
Yana Dianova, director of the Corporate and Commercial Law Department, GRATA International (Moscow office), took part in the Cyber Security Forum 2017 on 7 February 2017 in Moscow.
On 27 January 2017, the State Duma passed in the final reading the bill on amendments to the Code of Administrative Violations (hereinafter - the 'Administrative Code'). The bill is aimed at enhancing the administrative liability for violation of the procedure for collection, storage, use or dissemination of information on citizens (personal data) established by the Russian Federation.
The Decree of the Government of the Russian Federation No. 9 dated 14 January 2017 established bans on the admission of :
Following the firm’s development strategy, GRATA International moves onto exploring new horizons. We gladly announce that a dynamic law firm – "RBL" joined our network in January 2017.
The following documents have been published on the web-portal of the Federal Supervision Agency for Information Technologies and Communications ('Roskomnadzor') focusing on the issues of personal data protection:
On 1 January 2017 the Resolution of the Government of the Russian Federation No. 925 dated 16 September 2016 that established the priority of goods of Russian origin, works and services performed and rendered by Russian entities over the goods originating from a foreign country, works and services performed or rendered by foreign entities for the purposes of procuring goods, works and services through a tender, auction and other procurement procedures (except for the single source procurement procedure) by certain legal entities became effective.
The Decree of the Government of the Russian Federation No. 1518 amended the value of assets of financial institutions for the purpose of antimonopoly control in Russia.
The Decree of the Government of the Russian Federation No. 1581 dated 31 December 2016 amended the list of medical goods, the sale and import of which in the territory of the Russian Federation and other territories under its jurisdiction are not subject to (exempted from) the value added tax.
18 декабря 2016 года в г. Новосибирск (Россия) прошла интеллектуальная игра "Серебряная Сова Сибири".
16 декабря 2016 года Евгения Бондаренко - управляющий партнер ассоциированного офиса GRATA International в г. Новосибирске ООО «Юсконсалт» провела семинар на тему убедительности в судебной работе по подготовке процессуальных документов для практикующих юристов и адвокатов.
GRATA International Moscow office contributed to the International Comparative Legal Guide series - Franchise 2017 with the chapter on Russia.
Among other regulations aimed at the implementation of the Agreement on the Uniform Principles and Rules for Market Circulation of Medical Devices within the Eurasian Economic Union dated 23 December 2014, on 3 November 2016 the Council of the Eurasian Economic Commission adopted:
The Decision of the Government of the Russian Federation No. 1268 dated 30 November 2016 significantly expanded the list of certain medical devices originating from foreign states which are restricted for procurement for state and municipal needs approved by Decision of the Government of the Russian Federation No. 102 dated 5 February 2015.
On 3 November 2016, the Council of the Eurasian Economic Commission (EAEC) adopted a set of regulations aimed at the implementation of the Agreement for Common Principles and Rules of Medicines Circulation within the Eurasian Economic Union, dated 23 December 2014 (the Agreement), including:
Director of the Corporate and Commercial Law Department of GRATA International (Moscow office) has become a member of the Board of the Russia-China Law Society (http://www.en.rc-law.ru/)
Starting from 1 September 2015 there is the requirement established by the Federal Law dated 21 July 2014 No. 242-FZ with respect to operators of personal data to provide for recording, classification, collection, storage, clarification (updating, changing), and retrieval of the personal data of citizens of the Russian Federation by using databases located in the territory of Russia. Exemptions from this obligation are provided by the Federal Law dated 27 July 2006 No. 152-FZ "On Personal Data".
According to the decision of Tagansky Court of Moscow upon the claim of Roskomnadzor against LinkedIn Corporation (USA), which is the administrator of the websites http://www.linkedin.com, http://linkedin.com, this social network has been processing the personal data of Russian citizens in a breach of the abovementioned requirement.
Gulnur Nurkeyeva, GRATA International`s Business Development Director in China took part
The Decree of the Government of the Russian Federation No. 1015 dated 7 October 2016 extended the list of employers and customers of works (services) that are not subject to the ban on engaging Turkish nationals, who are not in employment and(or) civil legal relationships with such employers, customers of works (services) as of 31 December 2015
Yana Dianova, Director of Corporate and
Commercial Law Department of GRATA International (Moscow) rendered a
presentation at the International scientific and practical conference "Safeguarding Competition in the Domain of Trade
Activities" on 20 September 2016
in Kazan city, organized by the Federal Antitrust Service of the Russian
Federation (FAS Russia).
The Federal Law No. 532-FZ, which entered into force on 23 January 2015, introduced significant changes in terms of liability for the circulation of medicines, medical devices and biologically active supplements (BAS) that do not meet the statutory requirements.
The Decree of the Government of the Russian Federation No. 832, dated 22 August 2016 imposed the restrictions on the admission of certain types of food products originating from foreign states for the purposes of state and municipal procurement.
The restrictions were initiated by the Ministry of Agriculture of the Russian Federation in accordance with the Federal Law No. 44-FZ dated 5 April 2013 'On Contract System in the Area of Procurement of Goods, Works and Service for State and Municipal Needs' to protect the internal market and support Russian manufacturers. Such restrictions do not apply to the purchase of food products by organisations that are not state or municipal customers, as well as to deliveries to stores, retail chains, commercial catering, etc.
The Federal Law, dated 3 July 2016, No. 360-FZ (hereinafter - the 'Law No. 332-FZ') amended Article 14 'Certification of State Registration of Rights' of the Federal Law, dated 21 July 1997 No, 122-FZ 'On State Registration of Real Estate Rights and Transactions Therewith' (hereinafter - the 'Registration Law').
The relevant changes entered into force from 15 July 2016.
The Federal target program "Development of Pharmaceutical and Medical Industries in the Russian Federation for the period till 2020 and thereafter" approved by the Decree of the Government of the Russian Federation (RF Government) dated 17 February 2011 No. 91 and the State Program of the Russian Federation 'Development of Pharmaceutical and Medical Industry' for 2013 - 2020 approved by the Decree of RF Government No. 305 dated 15 April 2014 provide for the increase by 2020 of the share of medical devices manufactured in Russia up to 40% in monetary terms.
This strategical goal is being attained by two principal methods:
- providing for incentives for localization of production facilities by foreign manufacturers in the Russian Federation, including granting of subsidies for organization of clinical trials and manufacturing of medical devices; and
- restriction for admission of medical devices of foreign origin to participation in the procurement of for state and municipal needs.
The Federal Law, dated 3 July 2016, No. 332-FZ (hereinafter - the 'Law No. 332-FZ') amended Article 188 'Termination of a Power of Attorney' and Article 189 'Consequences of the Termination of a Power of Attorney' of the Civil Code of the Russian Federation (hereinafter - the 'Civil Code').
On 11 August 2016, the Federal Antimonopoly Service of the Russian Federation (FAS Russia) imposed an administrative fine on Google Inc. in the amount of 438,067,400 roubles (6,760,299 US dollars at the official exchange rate of the Central Bank of the Russian Federation on the same date).
The Federal Law dated 29 December 2015 No. 382-FZ 'On Arbitration in the Russian Federation' (hereinafter - the 'Arbitration Law'), became a new step in the development of legislation governing the arbitral tribunals in Russia. In particular, from the entry into force of the said regulatory legal act, provisions of the Federal Law, dated 24 July 2002, No. 102-FZ 'On arbitral tribunals in the Russian Federation' (hereinafter - the 'Law No. 102-FZ') will not apply, except for the arbitration initiated and not completed prior to the Arbitration Law commencement date.
The Resolution of the Government of the Russian Federation No. 735, dated 1 August 2016, amended the terms of implementation of the Resolution of the Government of the Russian Federation No. 1517, dated 30 December 2015 'On the State Regulation of Prices for Medical Devices Included in the State List of Implantable Medical Devices Used When Providing Medical Assistance within the Program of State Guarantees of Free Medical Assistance'.
The deadline by which the medical devices manufacturers must submit to Roszdravnadzor the documents for the state registration of maximum selling prices for the respective devices was moved from 15 July 2016 to 15 July 2017.
The Federal Law, dated 3 July 2016, No. 315-FZ (hereinafter - the 'Law No. 315-FZ') amended Article 317.1 'Interest on Monetary Obligation' and Article 395 'Liability for Failure to Perform Monetary Obligation' of the Civil Code of the Russian Federation (hereinafter - the 'Civil Code').
On 29 July 2016, the Orders of the Ministry of Industry and Trade of the Russian Federation (Minpromtorg), dated 31 December 2015, entered into force that approved:
On 30 June 2016, the President of the Russian Federation signed the Decree No. 314 "On the Introduction of Amendments to the Presidential Decree, dated 28 November 2015, No. 583 'On Measures to Ensure the National Security of the Russian Federation and Protection of Citizens of the Russian Federation from criminal and other illegal actions, and on the Application of Special Economic Measures against the Republic of Turkey", which abrogated the restrictions on the sale by tour operators and travel agents to Russian citizens of the tourism products that include a visit to the territory of the Republic of Turkey.
The Federal Law of the Russian Federation No. 273-FZ, dated 3 July 2016, introduced amendments to the Federal Law 'On the Fundamentals of State Regulation of Trading Activities in the Russian Federation' and the Code of the Russian Federation on Administrative Violations, aimed at enhancing of the fundamentals of the state security in the domain of foods supplies, activation of the additional measures to support interests of domestic manufacturers and countering unfair competition through imposing by trade networks tying conditions on food products suppliers.
The Federal Law No. 208-FZ dated 23 June 2016 amended the Federal Law 'On Information, Information Technologies and Protection of Information' and the Code of the Russian Federation On Administrative Offences to provide for the duties of owners of news aggregators with respect to the storage and dissemination of information and liability for violation thereof.
On 15 June 2016, the State Duma of the Russian Federation adopted in the final reading the bill 'On the Introduction of Amendments to Part One and Part Two of the Tax Code of the Russian Federation (regarding taxation of certain operations carried out through the Internet)', which the mass media called the 'Law on the Tax on Google', since it obliges, inter alia, non-Russian IT companies such as Google and Apple, to pay the value added tax (VAT) from the sale of content through their application stores, thereby equalising their position with Russian companies.
The Federal Law dated 3 July 2016 No. 264-FZ introduced amendments to the Federal Law 'On Protection of Competition' and Some Legislative Acts of the Russian Federation' aimed at reducing the administrative burden in connection with antitrust compliance for small businesses in Russia.
The Federal Law No. 180-FZ dated 23 June 2016 ‘On Biomedical Cell Products’ is aimed at developing the sector of biomedical technologies in Russia.
By the Decree of the President of the Russian Federation No. 305 dated 29 June 2016 the period of effectiveness of the special economic measures – the embargo on import of certain agricultural products, foods and raw materials originating from countries that imposed economic sanctions on Russia - was extended from 6 August 2016 through 31 December 2017.
The Decree of the Government of the Russian Federation No. 46 dated 25 May 2016, approved the Rules for Providing Subsidies from the Federal Budget to the Residents of Tourism-Recreational Special Economic Zones, Which are Combined by the Decision of the Government of the Russian Federation into a Cluster, for Reimbursement of a Part of the Costs of Interest for Loans to Finance Construction of Capital Facilities, as well as to Purchase Equipment.
Sanctions comprise a number of special economic and administrative measures against the Republic of Turkey. The sanctions were imposed by Decree No. 583 signed the President of the Russian Federation (“the RF President“) on 28 November 2015 in connection with the events that took place near the border between Syria and Turkey and detailed in the decisions of the Government of the Russian Federation (“the RF Government“) in accordance with this Decree.
On 17 May 2016, on the official website of the Eurasian Economic Union (EAEU) a number of decisions of the Council of the Eurasian Economic Commission (EEC) were published, which had been adopted in order to ensure the functioning of the common market of medical devices in accordance with the EAEU Treaty and the Agreement on the Uniform Principles and Rules for the Treatment of Medical Devices (medical devices and medical equipment) within the Eurasian Economic Union dated 23 December 2014, namely:
The Decree of the Government of the Russian Federation No. 337 dated 22 April 2016 amended the Decree of the Government No. 102, dated 5 February 2015 by clarifying the procedure for applying the restrictions on admission of certain types of medical devices originating from foreign states to participation in procurements for state and municipal needs in Russia.
The Decision of the Government of the Russian Federation No. 396 dated 6 May 2016 introduced amendments to the Decision of the Government No. 1458 approving the list of employers and customers of works (services) in Russia that are exempt from the ban to engage citizens of the Republic of Turkey who were not in employment and(or) civil-legal relationships with such employers and customers as of 31 December 2015. The new lists of employers and customers are effective from 24 May 2016.
The Rules for Provision of Information On the Receipt by the Mass Media Office, Broadcaster or Publisher of Funds from a Foreign State, International Organisation, or Foreign Organisation
The Federal Law No. 124-FZ dated 1 May 2016 introduced amendments to the Federal Law 'On Citizenship of the Russian Federation' which specify the criteria for granting citizenship of the Russian Federation to the foreign businessmen, investors and specialists in the simplified procedure.
This article appeared in the 2016 edition of The International Comparative Legal Guide to: Data Protection published by Global Legal Group Ltd, London: www.iclg.co.uk.
The Federal Law, dated 2 March 2016, No. 47-FZ, introduced large changes to the Arbitration Procedure Code of the Russian Federation (hereinafter - the 'Arbitration Code').
By the end of 2015, some significant changes in the migration legislation and regulation of foreign citizens’ employment in Russia were adopted, most of which came into force this year.
The rules for provision of subsidies from the federal budget to members of industrial clusters for reimbursement of costs in the implementation of joint projects on production of industrial products of the clusters for the purpose of import substitution were approved by the Resolution of the Government of the Russian Federation No. 41 dated 28 January 2016.
The subsidy is granted to the joint project initiators subject to the following conditions:
1) the industrial cluster is included in the Register of Industrial Clusters;
2) the joint project is included in the register of joint projects of industrial cluster members on the basis of the selection of the joint projects of the industrial cluster members.
The overview by GRATA International's Corporate and Commercial Law Department in Russia
The Order of the Ministry for Economic Development of the Russian Federation, dated 13 November 2015, No. 847 significantly amended the Order of the Ministry of Economic Development of the Russian Federation, dated 25 March 2014, No. 155
On 1 January 2016 the amendments to the Law of the Russian Federation No. 2124-1 dated 27 December 1991, 'On Mass Media' (the 'Media Law') introduced by the Federal Law No. 305-FZ dated 14 October 2014 entered into force, tightening the restrictions on the participation of foreign states and individuals, Russian legal entities with foreign investments, international organisations, as well as individuals with dual citizenship and stateless persons in the ownership, management and control of Russian mass media (the 'Media') and broadcasting organisations (legal entities).
On 29 December 2015 the Federal Law No. 209-FZ dated 29 June 2015 'On the Introduction of Amendments to Certain Legislative Acts of the Russian Federation Regarding the Introduction of the Possibility of Using by Legal Entities of Model Charters' (hereinafter - the 'Law No. 209-FZ') came into force which entitles limited liability companies (LLCs) to act on the basis of a model charter approved by the competent state authority by the decision made by the general meeting of participants (founders) of the LLC.
The Federal Law dated 14 December 2015 No. 372-FZ introduced amendments to the Federal Law No. 395-1 dated 2 December 1990 'On Banks and Banking Activities' establishing the new restrictions on participation of foreign (non-Russian) capital in the charter capital of Russian banks.
The Decree of the President of the Russian Federation No. 669 dated 28 December 2015 has amended the Decree of the President of Russia dated 28 November 2015 No. 583 'On Measures to Ensure State Security and Protection of Russian Citizens from Criminal and Other Unlawful Actions and on Application of Special Economic Measures in relation to the Republic of Turkey'.
We would like to draw your attention to some important legal changes in the regulation of state procurement in the Russian Federation.
Keeping GRATA’s practice of informing clients on important legal developments that might influence their business, we would like to draw your attention to some important legal changes in the regulation of state procurement in the Russian Federation.
On 28 November 2015 the President of the Russian Federation signed the Decree No. 583 which provides for the list of special economic and administrative measures against the Republic of Turkey (hereinafter - 'Turkey') in connection with the events that took place on 24 November during the anti-terrorist operations in Syria.
On 27 November, 2015, in Moscow, III Annual Russian-China Business seminar “Doing Business with China, strategies of bilateral cooperation” was held.
On 19 November, 2015, in the Lithuanian embassy in Moscow a Vilnius Court of Commercial Arbitration (VCCA) was presented to Russian lawyers.
On 12 November, 2015, in Moscow, an international forum “Power efficiency for industrial and warehouse complexes” was held.
On 20 February 2015 the Federal Antimonopoly Service of the Russian Federation (FAS) opened a case with respect to Google Inc. (1600 Amphitheatre Parkway, Mountain View, CA 94093 USA), Google Ireland Limited (Gordon House, Barrow Street, Dublin 4, Ireland), and ООО Google (Russia) upon an application of OOO Yandex.
General and specific requirements to the content and methods of advertising of medicines, medical devices, medical services, as well as biologically active supplements (BAS) are established by the Federal Law No. 38-FZ dated 13 March 2006 'On Advertising' (the "Advertising Law").
The Director of corporate and commercial law department in GRATA International’s Moscow Office, Yana Dianova took part in the «Personal Data Protection international» conference.
On 21 October 2015, Andrei Soukhomlinov, Managing Partner at GRATA Moscow took part in the meeting of the Public Private Partnership committee at the CCI France Russia.
The Real Estate conference was held on 1 October 2015 at the Russian Trade and Commerce Chamber under the auspices of the Association of European Businesses in Moscow.
This information is effective as of 12 October 2015, provided for your convenience and does not constitute legal advice.
On 15 October, the conference ‘Antitrust Regulation in the EEU Member-States’ was held
On 22 October 2014, the State Duma of the Russian Federation approved the final version of the draft Federal Law «On the Introduction of Amendments to the Federal Law
The legal regime for foreign investors in Russia is thus characterized by the complex of guarantees, concessions and restrictions that are described below.
Russian civil law does not specifically provide such type of agreement such as a distribution contract.
An overview of the principal provisions of the Clarifications which according to the Ministry will be useful for ensuring uniformity of the law enforcement practice is provided below.
Employment relations in Russia are governed by the Labor Code of the Russian Federation (the Labor Code) as well as by a number of other legal acts regulating employment and related, such as social and medical security, matters. Where foreign nationals are employed migration law rules also apply. Legal regimes enjoyed by employees depend on the country of origin of such employees therefore employment and related rights of Russians and those of foreigners may differ in certain situations.
On 29 July 2015 the President of the Russian Federation signed the Decree No. 391 providing that starting from 6 August 2015 certain agricultural products, raw materials and food products which are imported in Russia, originating from a country that adopted the decision on economic sanctions with respect to Russian legal entities and/or individuals or adhered to such decision, and prohibited for import in the territory of the Russian Federation (hereinafter – the "prohibited products") are subject to destruction.
On 13 July 2015 there was adopted the Federal Law of July 13, 2015 #218-FZ «On State Registration of Real Estate» (hereinafter the «Law»).
We would like to draw your attention to some important legislative amendments regarding medicines regulation in the Russian Federation.
The Federal Law No. 224-FZ 'On Public Private Partnership, Municipal Private Partnership in the Russian Federation and Amendments to Some Regulatory Acts of the Russian Federation' was enactedon 13 July 2015
We would like to draw your attention to some important legal changes regarding anti-monopoly regulation in the Russian Federation.
GRATA Law Firm renders legal support of contractual debt recovery at all stages of preparation of claims, litigation and enforcement of court rulings
A shareholders’ agreement is a useful tool for the contractual regulation of relations between
shareholders of companies
On 24 June 2015 the President of the Russian Federation signed the Decree No. 320 "On Extension of Certain Special Economic Measures Aimed at Ensuring Security of the Russian Federation", that is, the prohibition on imports of certain agricultural products, raw materials and food products originating from the USA, the EU, Canada, Australia and the Kingdom of Norway was extended for a term of one year starting from 6 August 2015.
GRATA Moscow office representatives Yana Dianova, Director of Corporate and Commercial Law Department, and Eldar Ziatdinov, Director of Tax Law Department, took part as speakers in the seminar "Specifics of Doing Business in CIS countries" on 4 June organized by the Center of Export Support of Moscow City.
The issue of 'parallel import' were not put by the exclusive right holder into civil circulation in this country.
On 24 April 2015, in Almaty there has been a workshop titled: 'Kazakhstan - Russia: legal aspects of doing business' held by GRATA Law Firm.
The Federal Law No. 42-FZ dated 8 March 2015 ('Law No. 42-FZ') introduced significant changes to the Civil Code of the Russian Federation ('Civil Code') aimed at improving the regulation of obligations, in particular, providing for greater freedom of business entities in determining the procedure for performance of obligations, means for securing obligations, liability and other consequences of breach of obligations as well as termination thereof.
China-Russia Oil & Gas Forum gathered to discuss implementation of infrastructure projects and investment opportunities in the area of production and transportation of oil and gas in Russia, China and Central Asia.
The Federal Law No. 33-FZ dated 8 May 2015 as effective from 8 May 2015, amended Article
80 of the Federal Law 'On the Fundamentals of Public Health Protection in the Russian
Federation', by providing for the state regulation of prices for implantable medical devices
included in the state List of Implantable Medical Devices used when providing medical
assistance under the program of state guarantees of free medical aid (hereinafter – the 'List of
The Forum was organized by the Intellectual Rights Department and the Civil Law Department of the University with the support of the Court for Intellectual Rights and ICC Russia.
I. Agreement on Uniform Principles and Rules for the Circulation of Medicines within the Eurasian Economic Union
The Decree of the Government of the Russian Federation dated 5 February 2015 No.102 established the restrictions on admission of certain types of medical devices manufactured in foreign countries to participation in procurements for state and municipal needs (hereinafter – "procurements").
The Federal Law, dated 31 December 2014, No. 488-FZ 'On Industrial Policy in the Russian Federation' (the - the 'Law No. 488-FZ'), to become effective on 30 June 2015, regulates relations between legal entities and individual businessmen operating in the industrial sector in the Russian Federation ('RF'), on the continental shelf of RF, in the exclusive economic zone of RF (entities of the industrial sector), organizations providing for support of such activities and state and municipal authorities in Russia.
The Federal Law No. 37-FZ, dated 2 April 2014 provides for specific features of financial system in the Republic of Crimea and the city of federal status - Sevastopol, for the transition period.
•Banks and finance
•Medicine and pharmaceuticals
January 2015 started with continuation of the phase-in introduction of amendments to Russian land legislation made by the Federal Law No.171-FZ of 23 June 2014 (here in after referred to as the Law).
The Federal Law dated 31 December 2014 No. 526-FZ established a new date for entry into force of the Federal Law dated 21 July 2014.
The Federal Law No. 37-FZ, dated 2 April 2014 provides for specific features of financial system in the Republic of Crimea and the city of federal status - Sevastopol, for the transition period.
Review of the Developments in the Legislation in Production and Trade Sector for April 2014 Russia
The Federal Law dated 5 May 2014 No. 129-FZ 'On the Introduction of Amendments to Article 90 of the Civil Code of the Russian Federation (First Part) and Article 16 of the Federal Law 'On Limited Liability Companies', as effective from 5 May 2014, made some changes in the procedure for payment of charter capital of a limited liability company (OOO).
The Federal Law № 190-FZ dated 28 June 2014 "On Amending Article 24 of the Federal Law On Advertising"
Information herein is effective as of July 2014 and is of a general nature.
In keeping with GRATA’s practice of informing clients regarding important legal developments that might influence their business, we draw your attention to the important legal aspects of import of goods in Russia.
We draw your attention to the important changes regarding legal status, corporate relations and activities of joint stock companies and limited liability companies in Russia
The Supreme Arbitration Court of Russia has permitted the settling of tax disputes by the conclusion of amicable agreements with tax authorities. Amicable agreements cannot change tax implications stipulated in the law. For instance, an amicable agreement may not include clauses that would reduce the applicable tax rate, change the rules for calculating interest on late payments, or release a taxpayer from tax liability for certain tax periods or activities.
The Decree of the President of the Russian Federation No. 560, dated 6 August 2014, bans or restricts foreign trade transactions involving import to Russia of certain agricultural products.
We are pleased to offer you an unofficial translation of the Russian Government's Decree dated 7 August 2014 No. 778 “On Measures to Implement the Presidential Executive Order on Adopting Special Economic Measures to Provide for Security of the Russian Federation” with the list of import banned commodities updated as of 20 August 2014 (enters into force on August 29).
The Federal Law dated 22 December 2014 No. 429-FZ to become effective from1 July 2015, introduces important amendments to the Federal Law dated 12 April 2010 No. 61-FZ ‘On Medicines’Circulation’ (here in after –²the ‘FZ-61’)
•Banks and finance
•Information and communication
•Medicine and pharmaceuticals
-Banks and finance
-Medicine and pharmaceuticals
In keeping with GRATA’s practice of informing clients of important legal developments that might influence their business, we would like to draw your attention to some important legal changes regarding the control over the participation of foreign states and entities as well as international companies, Russian legal entities with foreign investments, individuals of dual nationality and stateless persons in the Russian mass media.
In keeping with GRATA’s practice of informing clients regarding important legal developments that might influence their business, we draw your attention to some important changes in antimonopoly regulation in Russia.
We would like to draw your attention to some important legal changes regarding the procedure for state accreditation of branches and representative offices of foreign legal entities in Russia as well as regarding the requirements to the current branches and representative offices.
In keeping with the strategy of creating a true Eurasian Regional Firm, GRATA has opened an office in Moscow, which will be the firm's 18th office and the first one in Russia. We are sure this will strengthen the long-term relationships with clients doing global business in the region.
This article is based on the provisions of laws and courts’ decisions as of December 2014 and does not constitute legal advice.
The new amendments to the Russian Tax Code regarding de-offshorisation will enter into force on 1 January 2015.
Keeping GRATA’s practice of informing clients on important legal developments that might influence their business, we would like to draw your attention to some important legal changes regarding tax, customs and some other concessions granted to persons operating in the Republic of Crimea and the Federal city of Sevastopol.
We would like to draw your attention to some important changes regarding the regulation of employment relations with foreign nationals in the Russian Federation.
WPC is the hight point of the petroleum industry held by the Permanent Council of the World Petroleum Congress. Every three years thousands of experts from around the world gather at the forum to learn about the latest oil and gas recovery technologies and petroleum business management methods.
Within three days, RILA members discussed topical issues of international law and ways to settle them, as well as the working results of the Association in 2013 and future development plans.
The seminar covered practical issues and problems of expedited arbitration related to the CIS countries.
Alexandra graduated in 2007 from Lomonosov Moscow State University. In 2013 she received a PhD degree in Laws (MSU). Alexandra received an LLM degree in 2009 at King's College London, and also took various short courses in European universities.
On March 21, Moscow, a lunch and seminar on " Dispute Resolution in the London Court of International Arbitration (LCIA): practical aspects " took place, organized by KIAP and Attorneys at Lawtogether with the London Court of International Arbitration.
On 2 April, the first Moscow Forum of the Energy Charter was organised by the Energy Charter Secretariat, RSA Institute of Energy Research Institute and RSA Institute of World Economy and International Relations with the support of the Minister of Energy of the Russian Federation - Mr Alexander Novak.
GRATA Moscow office attorneys Yana Dianova, Director of Corporate and Commercial Law Department, and Alexandra Anufrieva, Senior Associate, took part in the conference "Current Issues of Intellectual Property Circulation in the Framework of WTO and the Customs Union" that was held on 23th April in Moscow in the course of VII International Forum "Intellectual Property – XXI century".
GRATA Law Firm announces on the appointment of Yana Dianova as the Head of Corporate and Commercial Practice of GRATA's Moscow office.
Eldar graduated with honours from the MGIMO University, with a degree in global economy and Saratov State Law Academy, with a degree in law.
On 28 May, in Moscow there was the seminar organised by the Young International Arbitration Group (an LCIA sponsored association of arbitration community)
The event was organised by the Embassy of the Republic of Kazakhstan in the Russian Federation, the Trade Mission of the Republic of Kazakhstan in the Russian Federation and GRATA Law Firm.
The MINEX Forum is one of the largest, most informative and representative industry events in Russia, covering topical issues of exploration, mining and processing of solid minerals in Russia.
The event was organised by the Ireland Embassy in the Russian Federation and GRATA Law Firm.
On 1 August 2014 Mr. Andrey Soukhomlinov assumes the functions of the Managing Partner and Head of GRATA Moscow Office
On 17 July in Cheboksary at the Centre of Export Support of the Chuvash Republic the seminar ‘Ways to effectively conduct business with Kazakhstan. Secrets of Success’ was held.
45 Rockefeller Plaza Suite 2000 New York, NY 10111
+1 (212) 332 3299; +1 (646) 387 4757
Follow us on social media
Subscribe to our newsletter to get the latest news
© 1992-2019 GRATA International. All rights reserved