Legislative work


Working on the Code of Administrative Offences and on the Russian Administrative Court Procedure Code

Pepeliaev Group’s lawyers are permanently involved in drafting and amending the main codified regulatory acts which affect the interests of the business community, namely the Code of Administrative Offences and the Administrative Court Procedure Code. In addition, we work on draft resolutions of the Plenum of the Russian Supreme Court regarding the application of these acts.

Drafted amendments to antimonopoly legislation
The project is unique because while preparing the opinion, the lawyers took into consideration provisions of Russian legislation, practice of the Federal Antimonopoly Service and of state commercial (‘arbitration’) courts, constitutional principles, experience of the European Commission, of European competition authorities as well as of European courts (the General Court and European Court of Justice).
The client puts forward the opinion we prepared in various contexts, including when working with non-profit organisations, particularly with the Russian Union of Industrialists and Entrepreneurs, and when working with state authorities to promote the ideas set out in the opinion. This opinion applies not only to the client’s business, but it also includes proposed changes: a reform of antimonopoly legislation, which is important at a higher level, for antimonopoly regulation in Russia in general.
We have performed comprehensive analytical work towards improving antimonopoly legislation, taking into account international experience that we studied and applied effectively. 
Revised the “parallel tax system”
At the request of the Russian Chamber of Commerce and Industry (the “Chamber”), we performed research on: the essence of payments which are similar to taxes and levies but which are not contained in the Russian Tax Code (so-called non-tax payments); the areas in which legal regulation could be improved; and how to make such payments more efficient. Based on the work we performed,a systematic approach has been proposed for such payments.

The research is not only instrumental in fulfilling the Russian President’s Address on creating a uniform and holistic mechanism for the administration of tax, customs and other fiscal payments, but it also creates a foundation for the best global practices for collecting such payments to be adopted in Russia.

The report on the results of this research served as a basis for the President of the Chamber's report to the Russian President on 29 December 2015. Based on the results of the report and the discussion of it at the congress of the Chamber on 1 March 2016, the Russian President instructed the Russian Government to prepare a plan of actions (the Roadmap) to systematise such public payments. 
Developed a concept for amendments to chapter 21 of the Russian Tax Code
At the request of a major retailer we developed a concept for amendments to chapter 21 of the Russian Tax Code, agreed it with business associations and authorities and sent it to the State Duma. These amendments include resolving a problem with the statutory regulation of taxation when rewards, bonuses and other incentives are paid to buyers for volumes of goods that they purchase: if the agreement does not establish that such payments mean a discount on the price, no VAT adjustments are required (Federal Law No. 39-FZ dated 5 April 2013).  
Prepared amendments to a draft resolution of the Russian Government
Headed the project and were directly involved in preparing amendments to the draft resolution of the Russian Government designed to resolve existing legislative gaps and ensure that activities of Exxon Neftegas in the shelf of the Sea of Okhotsk are consistent with the terms and conditions of the Sakhalin-1 production sharing agreement.
Analysed Federal Law No. 63-FZ
Our firm’s experts analysed Federal Law No. 63-FZ “On amending the Russian Budget Code to the extent of the regulation of the budgetary process and on bringing certain items of Russian legislation into line with Russian budgetary legislation” dated 26 April 2007. Based on this analysis, ambiguity was identified in the legal regulation of the status of institutions funded from state and local budgets. This was connected with a new rule in budgetary legislation that income of institutions funded from state and local budgets received from providing fee-based services, should be booked as income of appropriate budgets, and with other new developments in budgetary legislation. We provided the Russian Association of Heads of Higher Education Institutions (the "Association") with recommendations regarding the development of a draft law on institutions funded from state and local budgets. The Association used these recommendations during public discussions of whether institutions funded from state and local budgets should remain a part of the education system. 
Prepared the draft law “On restricting smoking”
At the stage when the text of the draft law was drawn up, it did not include any other jurisdictions, but as we prepared to write the text, we had to study in-depth legislation on restricting smoking and available experience of how such restrictions were applied in more than 50 countries. Additionally, the text of the law on restricting smoking which we drew up in the framework of this project was based on definitions and standards set out in the WHO Framework Convention on Tobacco Control. 
Assisted the Government of Moscow in preparing the draft of the Land Code
At the behest of the Russian President, who demanded work on the legal regulation of town planning activities and improvements to the business environment in the development sector, the Ministry for Economic Development drafted a law that will amend the Land Code significantly. With many parties involved in the legislative process, Pepeliaev Group’s lawyers assisted the Government of Moscow to prepare the draft Land Code which was afterwards passed to the State Duma for approval. 

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