The Federal Archive Agency (ROSARCHIVE) has adopted new storage periods for archive documents

Pepeliaev Group advises that from 18 February 2020 new timeframes have been adopted for companies to store in an archive documents that are formed as such companies carry out their activity. 

New criteria for classifying software as medical devices

Pepeliaev Group advises that the Russian Federal Service for Surveillance in Healthcare (“Roszdravnadzor”) has issued information letter No. 02I-297/20 “On software” dated 13 February 2020, and that information letter No. 01I-2358/15 “On registering software” dated 31 December 2015, which was previously in effect, has been revoked. 

New legal positions with respect to applying legislation on business entities

Pepeliaev Group draws your attention to the changes in the case law involving certain issues of corporate legislation. 

New OECD transfer pricing guidance on financial transactions Pepeliaev Group advises that the OECD has released its Transfer Pricing Guidance on Financial Transactions.

Changes in the legal regulation of waste treatment

Pepeliaev Group advises that on 24 December 2019 the draft Federal Law “On amending the Federal Law 'On production and consumption waste'” with respect to requirements concerning the disposal of goods and packaging and the payment of the environmental fee, was submitted to the Russian State Duma.

The Plenum of the Russian Supreme Court has adopted a resolution on liability for tax offences

Law firm Pepeliaev Group advises that, the Plenum of the Russian Supreme Court (the “Plenum”) has adopted Resolution No. 48 dated 26 November 2019 clarifying certain issues concerning criminal liability imposed under articles 198, 199, 199.1 and 199.2 of the Russian Criminal Code (the “Criminal Code”).

The Plenum of the Russian Supreme Court has adopted a resolution explaining issues of interaction between state and arbitral jurisprudence

Pepeliaev Group advises that on 10 December 2019 the Russian Supreme Court adopted its Plenum’s Resolution No. 53 “On Russian courts performing assistance and control functions with respect to arbitral proceedings and international commercial arbitration”.

The State Duma has adopted a law on new fines in the area of personal data Pepeliaev Group advises that on 21 November 2019 the Russian State Duma has adopted in the third reading a law establishing enormous fines for violating requirements for localising personal data in Russia.

The Russian Ministry of Labour has issued recommendations for assessing and preventing corruption in companies Law firm Pepeliaev Group advises that the Ministry of Labour and Social Development of the Russian Federation (the “Ministry of Labour”) has published a number of documents dedicated to preventing corruption in companies.

A promissory note is not always equal to a loan relationship Law firm Pepeliaev Group advises that the Russian Supreme Court (the “Supreme Court”) has issued a ruling[1] to establish the legal nature of the redemption of a promissory note.

Companies must arrange for foreign employees to be vaccinated against measles by 31 December 2019 Pepeliaev Group advises of the obligation imposed on employers hiring foreign nationals (including highly-qualified specialists) to ensure that such employees are vaccinated against measles.

A pledge status of a competent body’s claims in bankruptcy cases: risks and consequences Law firm Pepeliaev Group advises of the entry into force of amendments to the Russian Tax Code to introduce a pledge status of outstanding obligations to the state budget, starting from 1 April 2020 .
Amendments to the Russian Tax Code have been introduced by Federal Law No. 325-FZ dated 29 September 2019 “On amending Part I and Part II of the Tax Code of the Russian Federation”, including to article 73 of the Code. The provision has been supplemented with clause 2.1 concerning the creation of a pledge with respect to the obligations to the state budget by virtue of a law. Please find below the principal amendments and consequences of the new provisions being implemented as applied to the interests of a taxpayer company and its creditors if the company goes bankrupt.