Analytics and brochures

The Joint Plenum of the Russian Supreme Arbitration Court and of the Russian Superior Court has determined the practice for applying legislation on certain issues relating to the protection of title and other rights in rem.

Pepeliaev Group advises that Resolution No.17933/09 of the Presidium of the RF Supreme Arbitration Court dated 11 May 2010 has been posted on the court’s official website. The Resolution determines the practice of levying VAT on the export of maintenance and technical documentation in respect of aircraft engines and units and the application of corresponding deductions.

On 18 May 2010 the Presidium of the Russian Supreme Arbitration Court issued Resolution No. 1729/10 that clarifies the legal nature of the buy-out payment in a lease agreement, which stipulates that title to a leased item is transferred to the lessee on the expiry of the lease, and also explicitly specifies the procedure for determining the amount in cases where the buy-out value was not established by the parties to the lease agreement.

Pepeliaev Group advises that on 2 June 2010 the Russian State Duma adopted in the first reading the draft Federal Law “On Amendments to Federal Law No. 126-FZ dated 7 July 2003 ‘On Telecommunications’” on the legal regulation of issues relating to the broadcasting of mandatory public TV and radio channels.

Pepeliaev Group hereby advises that there is a higher risk of claims on the part of Rosfinnadzor in respect of loans extended by residents to non-residents in cases where debtors fail to discharge their obligations in monetary form through the crediting of funds to the resident’s bank account at an authorised bank.

On 28 May 2010 the Russian President rejected amendments to article 54 of Federal Law No. 126-FZ “On Telecommunications” dated 7 July 2003.