The new import procedure for unregistered medicines Pepeliaev Group advises that a new procedure has come into force for obtaining a permission to import unregistered medicines into the Russian Federation.

The right of withdrawal from a fee-based take-or-pay contract for services Pepeliaev Group advises that the Supreme Court's Judicial Board for Economic Disputes is considering the issue of a customer’s right under a fee-based contract for services to withdraw from it where such contract contains a take-or-pay condition.

A procedure has been approved for confirming force-majeure circumstances under contracts concluded in the context of domestic economic activity Pepeliaev Group advises that, the Chamber of Commerce and Industry of the Russian Federation (the “CCI of Russia”) has adopted the Regulations on the certification by authorised chambers of commerce and industry of force-majeure circumstances under agreements (contracts) concluded in the context of domestic economic activity  (the “Regulations”).

On 1 september 2021 the new procedure came into effect for obtaining technical specifications for the purposes of design and construction Pepeliaev Group advises that Federal Law No. 276-FZ (“Law 276-FZ”) “On amending the Russian Town-planning Code and certain items of Russian legislation” was signed and published on 1 July 2021. This law amends the procedure for obtaining technical specifications (the “TS”) for the purposes of connecting to water supply, water disposal, heat supply and natural gas supply systems. 

Secondary liability of parties controlling a legal entity that has been removed from the unified state register of legal entities under an administrative procedure Pepeliaev Group advises about special aspects of proof in cases to impose secondary liability on parties controlling a legal entity removed owing to being dormant from the Unified State Register of Legal Entities. 

The Russian Central Bank has introduced a procedure for maintaining a register of controlling persons for credit institutions, insurance companies and public pension funds Pepeliaev Group advises that on 26 July 2021 the Russian Central Bank’s Instruction No. 5814-U dated 9 June 2021 came into legal force regarding the form, procedure and deadlines for submitting information to the Bank of Russia about controlling persons of financial institutions, and the procedure for the Bank of Russia to maintain the list of such persons.

The law makes provision for implementing experimental legal regimes in the area of medical practice, communications services and autonomous transport technologies Pepeliaev Group advises of the coming into force of Federal Law No. 331-FZ dated 2 July 2021 “On amendments to individual items of legislation of the Russian Federation in connection with the adoption of the Federal Law ‘On experimental legal regimes in the area of digital innovations in the Russian Federation’”. Pursuant to the Law, participants of experimental legal regimes in the area of medical practice, communications and autonomous transport technologies may be granted exemptions from individual legislative requirements.

Changes in the procedure for performing notarial acts and in the procedure for how sole members of legal entities should adopt resolutions Pepeliaev Group advises that a Federal Law has been adopted that establishes a procedure for how the register of orders to revoke powers of attorney should be kept and also changes the procedure for how sole members of legal entities should adopt resolutions.

Criminal liability has been made harsher in the bankruptcy sphere Pepeliaev Group advises that a criminal liability has been made harsher for beneficial owners and other controlling persons, as well as court-appointed administrators for their unlawful activities during a bankruptcy and for deliberate bankruptcy.

It has been enshrined in legislation that a convertible loan agreement can be concluded for the purpose of investing in non-public companies Pepeliaev Group advises that a Federal Law has been adopted establishing that a convertible loan agreement can be concluded between a borrower which is a non-public company and a lender, as well as the procedure for converting a loan into a membership interest in the issued capital or shares of non-public companies.

The repatriation of foreign trade revenue has been partially abolished Starting from 1 July 2021, the statutory obligation to repatriate has been abolished for the major part of foreign trade contracts whereby residents generate revenue (‘export’ contracts).

A record-keeping system for internet advertising is being set up in Russia Pepeliaev Group advises that a Law “On amending the Federal Law “On advertising”” has been adopted with regard to setting up a unified information system for keeping a record of advertising on the Internet. An obligation is being introduced for advertising distributors and advertisers to report information regarding Internet advertising to the Federal Service for Supervision of Communications, Information Technology and Mass Media (known in Russian as ‘Roskomnadzor’).