The Constitutional Court has balanced the process of approving construction near power lines 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.

Measures of support have been adopted for mobilised individuals and companies that they own 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.

Martial law status. Restrictions for business and individuals in Russian regions

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.

Draft law on the extraordinary fulfillment of obligations aimed at preventing disasters 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.

The Ministry of Finance clarified certain issues regarding the application of the Presidential Decree on the introduction of a permissive procedure for transactions with LLC shares 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.

The procedure of issuing permissions for transactions (operations) with respect to membership interests in llcs involving non-residents from hostile states The Russian Government has determined the procedure for the Government Commission on Monitoring Foreign Investment in the Russian Federation (the ‘Government Commission’) to issue permissions for transactions (operations) with respect to membership interests in Russian LLCs involving non-residents (persons they control) from hostile states.

Amendments to the List of goods (groups of goods) permitted for parallel import

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.

Restrictions have been introduced on transactions (operations) being completed in relation to membership interests in the charter capital of Russian LLCs Starting from 8 September 2022, Decree No. 618 of the Russian President dated 8 September 2022 has established new requirements for completing transactions (operations) the subject matter of which are membership interests in the charter capital of Russian limited liability companies (LLCs).

A simplified procedure for documenting the termination of activity of small and medium-sized companies may be introduced from 1 july 2023 The State Duma has adopted in the first reading a draft law  that enables companies classified as small and medium-sized enterprises that meet a number of criteria to terminate their activity in accordance with a simplified procedure without undergoing a lengthy procedure of voluntary liquidation. 

Roskomnadzor has explained to operators the procedure for sending notifications about the processing of personal data and has published some forms of electronic notifications

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.

Amendments to the Russian Civil Code on immovable things have come into force

Pepeliaev Group advises that, on 1 September 2022, Federal Law No. 430-FZ “On amending Part I of the Civil Code of the Russian Federation” dated 21 December 2021 (“Law No. 430-FZ”) came into force with respect to the legal regulation of immovable things.

The risks are increasing for stakeholders that are investors

Pepeliaev Group advises that in August 2022 the Russian Supreme Court issued a Ruling confirming the court practice of the lower courts in the area of shared construction that investors who are individuals are deprived of the benefits in the event of the developers’ bankruptcy when residential premises are acquired for investment purposes.