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Some time ago, the Russian Constitutional Court set out the principle of a stable business environment. This principle stipulates that "for the purpose of planning its business activities, a taxpayer should be informed in a timely manner about the structure and content of his tax liabilities, so that it may take into account in good time the expenses it may incur on such business activities.
It is beyond doubt that merging the Russian Supreme Court and the Russian Supreme Commercial (‘Arbitration’) Court will affect the way all cases are considered, antimonopoly cases among them. This change can be attributed less to different approaches of the lawyers, i.e. the judges of one of the highest judicial institutions of the country, than to other factors which are responsible for the huge impact that the Russian Supreme Commercial (‘Arbitration’) Court has had over an extended period on how economic relations are regulated in Russia.
In December, in his annual address to the Federal Assembly, Vladimir Putin announced measures to ‘deoffshorize’ the Russian economy. It is beyond doubt that significant public resources will be allocated to ensure that the Russian President’s wishes become reality.
The Russian authorities over recent years have been actively working on reforming antimonopoly legislation. Markets undergoing vibrant growth, the gap being bridged with western regulatory rules, the role of the antimonopoly authority being bolstered – these and much more have been summoned to encourage competition in our country. However, do all initiatives of the authorities as a result justify their initial aims of developing the competitive environment?
