Restrictions and measures of state support for business: the digest for 19 August – 1 September 2024

DRAFT LAWS

How will the national regime arrangement work in procurement?

The Russian Government’s draft decree

Public discussions are now taking place.

The document has been developed for the purposes of implementing the provisions of Federal Law No. 318-FZ dated 8 August 2024. It sets out the measures for banning or restricting procurement of foreign goods under laws Nos. 44-FZ and 223-FZ.

Specifically:

• the following have been approved:
• lists of foreign goods that are subject to procurement bans/restrictions;
• the minimum share of purchases of Russian goods by individual organisations;
• the maximum value of foreign materials / raw products in the final price of medical devices;
• information and documents have been determined for confirming the Russian origin of goods.

Moreover, a number of the Russian Government’s decrees are being brought into conformity with the rules of Law No. 318-FZ; a number of documents under the list will become void.

It is intended that the decree will come into effect on 1 January 2025.

The conditions may be expanded of applying the preferential procedure for paying an administrative fine

The draft federal law

The draft is undergoing an independent anti-corruption expert assessment.

In pursuance of Resolution No. 39-P of the Russian Constitutional Court dated 18 July 2024, whereby articles 32.2(1.3) through 32.2(3) were recognised to be partially at variance with the Russian Constitution, it has been proposed to adjust the condition for the preferential procedure to be applied with respect to the payment of an administrative fine.

Under the current wording of the rule, such condition is that the offence has been identified during state / municipal control (supervision). To eliminate the restrictive interpretation of the term, it is provided that the condition will be that a person has committed an administrative offence.

LEGISLATION

The procedure for out-of-court appeals has become compulsory for a number of licences and permits

The Russian Government’s Instruction No. 2229-r dated 17 August 2024

Came into effect on 17 August 2024.

A list has been established of the types of activity involving the issuance of permissions, for which the procedure for out-of-court appeals will become compulsory starting from 1 September 2024 for 194 of them and starting from 31 December 2024 for the remaining 8 types of activity from the approved list.

The list contains 202 types in total of various types of evaluations, state registrations, permissions, certificates and similar.