Информационный обзор практики Разрешения судебных споров и медиации (15 августа - 1 октября, 2013)
Putin signs the fourth package of major amendments to the Civil Code.
On 30 September 2013, President Vladimir Putin signed Federal Law 269-FZ on “Amending Part Three of the Civil Code of the Russian Federation.” This statute came into force on 1 November 2013, and regulates matters concerned with private international law. Particularly, these amendments require that foreign legal entities doing business in Russia be subject to Russian law, or to the law of a contracting entity, depending on the contracting party’s intention. Also, legal rules were modified for certain forms of transactions. Experts believe that the adopted amendments improve regulation of cross-border business activities. In their view, these reforms will promote investment in the Russian economic system.
Property acquisition procedures might be simplified in 2015.
The procedure to acquire private property will be simplified in 2015, according to legislation proposed by the Ministry of Economic Development of the Russian Federation. The Ministry has prepared a draft of a federal law concerning “Amending the Land Code of the Russian Federation and Certain Legislative Acts.” If enacted, this proposed law will implement the President’s instructions and provide a ”road map“ to ”improve the regulation of town planning and the construction business.”
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Non-exclusive licensee lacks standing to defend a trademark.
The Intellectual Property Court, which began its operations on 1 August 2013, has ruled in a dispute between OJSC, ”United Heineken Breweries ,“ and OJSC, ”Da-Link,” which was very important for the imported products of these companies. Not every company of a foreign group that is located in Russia has standing to seek legal redress defending trademark rights on behalf of a parallel importer (case No. А40-95929/2011).
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Supreme Arbitration Court clarifies the role of the Commissioner of Human Rights of the Russian Federation in arbitration proceedings.
The Supreme Arbitration Court has issued its Information Letter (official clarification) No. 160 “About questions for the Commissioner regarding Human Rights in the Russian Federation participation in arbitration proceedings” (23 July 2013). The Information Letter makes it clear that the Commissioner for Human Rights may apply to the arbitration court for the protection of persons in cases of violations of their human rights or civil rights, whether arising from governmental action or inaction.
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Tax regulation: law, economics, and the role of the courts.
On 20 September 2013, the International Forum of the Asia-Pacific Region regarding “Tax Regulation: Law, Economics, and the Role of the Courts” was held with the assistance of the Supreme Arbitration Court of the Russian Federation (the “SAC”) in Vladivostok, Russia. The Russian government authority and court system members, speakers from South Korea, the USA, China, Japan, Australia, and other countries took part in this meeting. Attendees discussed the current state of Russian and international taxation. Issues arose concerning the importance of court practices in the development of tax regulation.