Restrictions and measures of state support for business: the digest for 1-14 April 2024

PROJECTS

It has been proposed that unlabelled products which have been seized be channelled for humanitarian purposes

Draft laws are undergoing public discussion.

It has been proposed that amendments be introduced:

• to article 81(3) of the Russian Criminal Procedure Code, establishing the grounds for non-labelled goods which have been withdrawn from illegal circulation or recognised as physical evidence to be destroyed, recycled/processed or for them to be handed over, free of charge, to competent authorities for humanitarian purposes ( the draft law);

• to articles 29.10(3) and 32.4(6) of the Russian Code of Administrative Offences, regarding options for disposing of non-labelled goods which have been withdrawn from circulation: in the form of destroying/processing/recycling as well as channelling them, free of charge, for humanitarian purposes ( the draft law).

It is also intended to exclude article 5(1)(3.4) of the Law on trade concerning the powers of the Government to approve the procedure for withdrawing and destroying non-labelled goods since there is no separate scope of regulation for such legislative instrument ( the draft law).

LEGISLATION

Laws have been signed whereby:

• liability has been established for a breach of the requirements for telephone advertising ( No. 78-FZ dated 6 April 2024);

• thresholds have been adjusted for damage/criminal proceeds from economic crimes ( No. 79-FZ dated 6 April 2024).
  
  

The procedure has been adjusted for imposing a ban on collecting/seizing funds on an account of type ‘C’

The Russian President’s Ruling No. 244 dated 8 April 2024

Came into force on 8 April 2024.

Amendments have been made to the Russian President’s Ruling No. 95 dated 5 March 2022.

It has been proposed that no execution can be levied on monetary funds or securities which are accounted for in an account of type ‘C’ under any writs of execution. Such funds or securities in an account of type ‘C’ cannot be subject to any attachment, and no claims can be lodged to collect mandatory payments or to grant other injunction relief if such orders of courts or of other public authorities were issued after 3 January 2024.

How will decisions be made to use IP without a rightholder's consent?

The Russian Government’s Decree No. 380 dated 27 March 2024

Came into effect on 4 April 2024.

Specifically, the following have been approved:

• the regulations on the Government sub-commission in relation to the use of inventions, utility models and industrial designs (IP items) (see the Russian President’s Ruling No. 122 dated 15 February 2024);

• the rules for the sub-commission to adopt resolutions on how IP should be used without the consent of the rightholders of it, but with the latter being notified to that effect as soon as practicable and compensation being paid.

The sub-commission’s tasks are:

• to consider applications for the use of IP that belongs to Russian legal entities in which Russia, constituent entities of Russia, Russian municipalities or individuals directly/indirectly hold more than 75%;

• to prepare resolutions on the use of IP.

Applications will be filed with the Ministry of Economic Development. Requirements have been established for the content of the application, the documents to be attached to it and the deadline and the procedure for considering same.