Resolution of the Russian Government has been adopted that has amended the procedure for organising and conducting state control (supervision), and municipal control.
The Government Commission for Monitoring the Implementation of Foreign Investments in Russia has established a list of conditions for the carrying out (performance) of transactions (operations) aimed at the disposal of securities, including shares and membership interests in (contributions to) the issued capitals of Russian legal entities, with the participation of "hostile" non-residents and persons under their control, as well as payments of profit (dividends) by Russian legal entities to foreign members (shareholders), compliance with which will be assessed when the authorised entity makes decisions on whether to issue (refuse to issue) permits for the implementation of relevant transactions (operations).
In the issue: the Russian President has signed the law No. 523-FZ dated 19 December 2022 which has introduced many amendments into the Russian Tax Code, and, among other things, has adjusted the taxation of exchange differences for claims which were not settled as at 31 December 2022.
On 21 December 2022 the State Duma passed in the first reading a draft law which amends the Russian Code of Administrative Offences.
On 15 December 2022 the State Duma approved in the first reading the draft laws aimed at toughening criminal and administrative liability for participating in anti-competitive agreements.
The set of documents which help businesses devise an efficient compliance system and understand the process of its implementation will be updated with a new national standard. It will come into effect starting from 2023 and is aimed at creating unified rules and procedures when companies implement tools for preventing antimonopoly risks. Elena Sokolovskaya, partner at Pepeliaev Group
, will review, what does the standard offer, and what questions arise owing to it being adopted.
In the issue: the State Duma has adopted a set of amendments to the Russian Tax Code which, in particular have extended for
2023 the Russian Government’s powers to suspend and cancel or postpone tax
On 10 November, the State Duma adopted in the first reading a draft law that discloses for the first time the concept of a "network effect" and also contains provisions aimed at combating the abuse of a dominant position on digital markets, improving the procedure for monitoring economic concentration, regulating the procedure for an expert examination by the antimonopoly authority, as well as a number of other new developments.
On 3 November 2022, the Russian Government’s Resolution No. 1940 dated 31 October 2022 was published, which establishes requirements for the storage, processing, reprocessing, transportation, sale and use of by-products of animal farming in agricultural production.
The Government has published its Instruction No. 3256-r dated 31 October approving the list of violations of the rules for handling animal by-products (ABP), which will result in such by-products being recognised as waste.
The issue of whether parallel import may be made legal in Russia has been discussed over the past several years. However, since the beginning of March the mere discussion has transformed into practical effort, i.e. the following regulations were successively adopted: Federal Law No. 46-FZ dated 8 March 2022 (“46-FZ”), the Government’s Resolution No. 506-PP dated 29 March 2022 (“506-PP”) and Order No. 1532 of the Russian Ministry of Industry and Trade dated 19 April 2022 (was registered with the Russian Ministry of Justice on 6 May 2022 and has undergone two iterations since that time, the last of which came into force on 7 August 2022). Please find details in the article of Konstantin Sharlovskiy, Head of the Life Sciences Practice, Pepeliaev Group
China has stormed into the ranks of the leading countries in terms of foreign investment in the Russian economy. According to independent research, China is the second-largest source of direct investments in Russia. The legal culture in China is very different from that in Russia and it is impossible to do business without knowing Russian law. Pepeliaev Group, a leading Russian law firm, has actively been working with Chinese clients since 2014, offering them the full range of legal services together with the support of a specialized department, the Chinese Desk. The firm has representative offices in Beijing and Shanghai and regularly organizes business missions to China. Over the years, the firm has developed specific strategies and practices for providing legal support to Chinese investors in Russia. Pepeliaev Group's senior partner Rustem Akhmetshin
, partners Natalia Stenina
and Ilya Bolotnov
explain what aspects Chinese entrepreneurs should pay attention to if they are interested in building a successful business in Russia.
In the issue: The Russian Government has established that all public systems will be switched to the single platform GosTech (see Directive No. 3102-r dated 21 October 2022 and the Government’s update).
The Russian Government has extended deadlines for making mandatory payments and for submitting tax reports and has established other measures of support for mobilised individuals and companies that they own.
The Russian Constitutional Court has adopted a Resolution aimed at eliminating the imbalance of private and public interests in the field of construction in protected areas of electric grid facilities.
The Russian Ministry of Finance has published Official clarifications No. 1 relating to the implementation of Decree No. 618 dated 8 September 2022 as formalised in Letter No. 05-06-14RM/99138 dated 13. October 2022.
A draft law ‘On amending articles 126 and 134 of Federal Law “On insolvency (bankruptcy)”’ has been put before the State Duma. The draft law was triggered by Resolution No. 4-P of the Russian Constitutional Court dated 1 February 2022, adopted following a claim of PJSC T Plus which was drafted by Pepeliaev Group’s bankruptcy and anti-crisis protection of business Practice.
Pepeliaev Group advises that, on 19 October 2022, Presidential Decrees No. 756 and No. 757 came into force. They introduced martial law as of midnight of 20 October 2022 on the territories of Donetsk People’s Republic and Lugansk People’s Republic, as well as Zaporozhye and Kherson regions, and established special regulation in a number of other constituent entities of the Russian Federation.
Commonly abbreviated in Russian as “Roskomnadzor” or “RKN” has issued clarifications on the timeframes for operators to send notifications about the processing of personal data. The authority has also published electronic forms for operators to notify the fact of an illegal or accidental transfer of personal data that resulted in a violation of the rights of subjects, as well as the implementation of their cross-border transfer.
Public discussions are being held of the draft amendments to the List of goods (groups of goods) to which the provisions do not apply of articles 1359(6) and 1487 of the Russian Civil Code, provided that these goods (groups of goods) are released into circulation outside Russia by right holders (patent holders) or with their consent. The List was approved by Order No. 1532 of the Russian Ministry of Industry and Trade dated 19 April 2022.