Legislation overviews

On July 17, 2009, the State Duma passed at the third reading the draft of the Federal Law “On amendments to Article 178 of the Criminal Code of the Russian Federation” (as regards penal responsibility for violation of antimonopoly legislation). The bill significantly reduced the list of violations providing grounds for criminal responsibility.
 
On July 16, 2009, Presidium of the Supreme Arbitration Court of the Russian Federation will consider the draft of the Judicial Practice Review on certain questions of the application, by arbitration courts, of Article 222 of the Civil Code. The most important is Item 8, relating to whether or not a court is entitled to bind the owner of an unauthorized construction, who obtained it by purchase, to knock it down in case when the builder (the legal entity which constructed the building without the requisite legal permits and approvals) has been liquidated. The Presidium will consider this clause in two alternative versions.
 
On July 7, 2009, the Federation Council approved the draft amendments to the Tax Code extending the list of enterprises entitled to simplified tax system (STS) and setting a profit limit, in lump sum, from 2010 through 2012. The problem of calculating the profit limit in 2009, however, remains relevant.
 
On 3 July, 2009, the State Duma has adopted in third reading the draft law on “On introduction of amendments to particular legislative acts of the Russian Federation (as regards improvement of corporate disputes resolution instruments)”. The probability exists, that the Council of Federation shall succeed to debate the draft law at the last summer session on July 7th, 2009. The draft law shall enact amendments to significant federal laws, as well as Arbitration Procedural Code, Tax Code, Labor Code, and Administrative Misdemeanors code. Thereupon, all “corporate wars” shall be dealt with by arbitration courts.
 
On 18 June, 2009 the Presidium of the Supreme Arbitration Court of the Russian Federation shall debate the draft resolution of SAC Plenum «On selected issues pertaining to the practice of resolving of cases, initiated under claims of non-fulfillment or under inappropriate fulfillment of contractual obligations ». The forthcoming introduction of this resolution appears to evoke high-profile response amongst business community, that has been pre-determined by the very objective of the act document - to eliminate possibilities for delaying of judicial disputes on non-fulfillments of contractual obligations.
 
On 5 June 2009 new amendments to the act «On an inconsistency (bankruptcy)» which will essentially heighten property responsibility of proprietors and top-managers of the enterprises in default.
 
On 2 June 2009 deputies Andrey Isaev and Mikhael Tarasenko have introduced to the State Duma the draft law "On the devolution of the property complexes, which belong to the legal entities: LLC "BaselCement", “Eurocement Holding AG” "and LLC “Managing Company “SevZavProm”, into the property of the Russian Federation. It is proposed by the draft law to turn the properties of the Joint-Stock Companies: "BaselCement-Pikalevo", “Pikalevsky Cement” and “Metachem” (Pikalevo, Sankt-Petersburg Region), which belong to the following legal entities LLC "BaselCement", “Eurocement Holding AG” "and LLC “Managing Company “SevZavProm”, respectively to the property RF.
 
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