phone icon+7 (495) 649-87-12
divider

Archive


Developer demands that construction of new landing strip in Domodedovo be prohibited

/ 0 Comments

mobile_high-1hx

Pavel Maruev, the senior lawyer of Nadmitov, Ivanov & Partners Law Firm commented to Vedomosti on the prohibition of construction of a new landing strip in Domodedovo airport.

Developer demands that construction of new landing strip in Domodedovo be prohibited

This construction interferes with housing construction

Gunay commercial production company demands that development of Domodedovo airport be prohibited in the part not provided by the Federal Target Program “Development of Russian Transportation System (2010-2020)”. This is about any development including pre-design, design, explorations works, construction, reconstruction of effective and new landing strips, says the court in its resolution. The claim was accepted for hearing by the Arbitrazh Court of the Moscow Region, the first hearing is scheduled for 10 July.

Since the lands for development are located on aerodrome environs (within 30 km), all construction works must be approved by Rosaviatsiya.

“The suit is brought in order to protect the legal right to develop the site and is within the framework of the law on prohibition of causing harm which may arise in the future. However the claimant will need a serious evidence base” – the senior lawyer of Nadmitov, Ivanov & Partners Law Firm Pavel Maruev is convinced.


separator

Court took the Federal Tax Service’s side in the case regarding the use of the debt push-down scheme in Schlumberger’s Russian transaction

/ 0 Comments

saupload_c5PsCamFsunXWYP8b9f0D4c8c8HehZawafb20RksvQEQ5j0JRXc0Kb9KueU-vz2JTUuJq3TpizjYBle9dLUiw0U5QVXULD-TUDpxuIB8JA6P3Jz6br0P1BC-JlcdRaSy1-9MXc7Z

Denis Kazakov, the partner of Nadmitov, Ivanov & Partners Law Firm commented to Interfax agency on the dispute concerning the use of the debt push-down scheme in Schlumberger’s Russian transaction.

Cassation in the case of Radius-Service company put the debt push-down scheme into question (acquisition of a company for loan funds and repayment of the debt at its expense). It was not clear whether such a mechanism would work in Russian tax reality. At first the company managed to challenge additional charge of taxes with the use of this scheme, however, appellate and cassation instances took the Federal Tax Service’s side.

Loan agreement was concluded between Shlumberger Finans B.V and Smith International CIS with the sole purpose to transfer obligations to perform this agreement to Raduis-Service company; Shlumberger holding was compensated for the costs on the purchase of 65% share interest in the authorized capital of Radius-Service at the expense of the latter, the court resolved.

Debt push-down strategy is actively used abroad and implies transfer of the debt connected with funding of the acquiring company to the target company.

Taxpayers should use this scheme carefully and keep account of additional tax risks and costs connected with its application (or immediately and independently pay the total amount of VAT and income tax connected with these transactions), considers the partner of Nadmitov, Ivanov & Partners Law Firm Denis Kazakov.

Nadmitov, Ivanov & Partners Law Firm regularly represents clients on M&A transactions and on issues of funding of such transactions.


separator

Aeroflot is planning to prohibit hiring resigned pilots during three years

/ 0 Comments

aero700

Alexander Nadmitov, the managing partner of Nadmitov, Ivanov & Partners Law Firm commented to RBC on the announcement made by the head of Aeroflot concerning possible imposition of prohibition of employment of resigned pilots during three years.

Aeroflot promises not to hire resigned pilots during three years

The head of Aeroflot Vitaly Saveliev at the meeting of shareholders announced a three year embargo for resigned specialists. Lawyers argue that this decision is inconsistent with labor law.

In recent times Around 100 pilots quit Aeroflot group (which includes Aeroflot, Russia, Pobeda and Avrora airline companies), in particular 20 pilots quit Aeroflot, 120 more quit its subsidiary company Russia.

During the last 2,5 years more than 300 Russian pilots quit for Asian airline companies, primarily for Chinese ones, and about 400 pilots are now in the process of employment.

Pilots are attracted by higher wages.

Lawyers consider this reason for denial of employment unlawful (Articles 3 and 64 of the Labor Code of the Russian Federation).

The managing partner of Nadmitov, Ivanov & Partners Law Firm Alexander Nadmitov considers the intention of Aeroflot not to hire resigned pilots as violation of labor law as well. “This restriction falls under discrimination prohibited by Article 3 of the Labor Code of the Russian Federation. Discrimination on the grounds not connected with professional characteristics of an employee is prohibited”, he informed RBC.

For more detail see: http://www.rbc.ru/business/26/06/2017/5950e1859a794704d05371d1

Nadmitov, Ivanov & Partners Law Firm regularly represents the interest of employers and employees in labor disputes.


separator

FAS will continue deregulation of port activity

/ 0 Comments

TASS_3163609

Alexander Nadmitov, the managing partner of Nadmitov, Ivanov & Partners Law Firm commented to Izvestia newspaper on deregulation by the Federal Anti-Monopoly Service of stevedores (companies involved in loading and unloading of vessels) which have built ports at their own expense.

FAS will continue deregulation of port activity

Liberalization will affect companies which have built ports at their own expense

Process of deregulation of tariffs on stevedore services was launched in 2010. With its start the volume of private investment in port infrastructure has increased sharply. However in 2016 FAS noted a significant increase of tariffs and fixation of prices in currency.

Previously FAS was involved in drafting the order “On Approval of Procedural Guidelines for Setting Tariffs on Loading and Unloading Services, Storage of Cargo, Towing Services in Maritime Ports of the Russian Federation”, reminded the managing partner of Nadmitov, Ivanov & Partners Law Firm Alexander Nadmitov. Draft order was prepared but has not entered into force.

  • Probably some serious differences with other agencies arose – for instance with the Ministry of Transportation which assumes that return to price regulation will lead to critical reduction in stevedore companies’ yield, supposed the lawyer.

However it is too early to make conclusions regarding the stevedores’ victory in case of deregulation until the Service makes an official announcement, he added.

For more detail see: http://iz.ru/609633/mariia-todorova/fas-prodolzhit-deregulirovat-deiatelnost-portov

Nadmitov, Ivanov & Partners Law Firm regularly represents clients on complex issues of antitrust law and tariff regulation.


separator

Intereurosea armada

/ 0 Comments

13 июняAlexander Nadmitov, the managing partner of Nadmitov, Ivanov & Partners Law Firm, commented to Kommersant newspaper on Brussels’ intentions to extend the European Union’s legal regulations to the Gazprom gas pipeline Nord Stream 2 which is planned to be laid through the Baltic to Germany.

Intereurosea armada. Brussels intends to apply its laws to Nord Stream 2

The European Commission tries to extend its legal standards to the whole Baltic Sea. Brussels concerned by the Gazprom’s intention to lay the Nord Stream 2 gas pipeline through the Baltic to Germany and can offer to the Russian Federation to conduct negotiations on the legal status of the project. Their purpose is to clean the “legal vacuum”, which is understood as impossibility to control sea import gas pipelines by the energy legislation of the EU. Nord Stream 2, as well as other similar projects, doesn’t fall under the jurisdiction of the European Union, and Moscow will hardly agree to the negotiations with Brussels, which can delay the implementation of Gazprom’s project.

Besides, Nord Stream 2 caused concern in Central Europe (for example, in Slovakia): here the countries can lose the status of transit or are afraid of problems with gas supply along the northern route.

The construction of the pipeline with the capacity of 55 billion cubic meters of gas from Russia to Germany on a bottom of Baltic has to begin in 2018 and come to the end at the end of 2019.

Alexander Nadmitov, the managing partner of Nadmitov, Ivanov & Partners Law Firm, believes that disagreements between Russia and the EU concerning strategically important resource for both parties generate the need of carrying out serious negotiations.

For more detail see: http://www.kommersant.ru/doc/3323609

“Nadmitov, Ivanov and Partners” Law Firm regularly represents clients on the issues of energy and international trade.


separator

Russia tries to inscribe crypto currencies into the legal framework

/ 0 Comments

9 июня

Maxim Bashkatov, the counsel of Nadmitov, Ivanov & Partners Law Firm, commented to Vedomosti newspaper on regulation of crypto currencies and their legal status.

Russia tries to inscribe crypto currencies into the legal framework

It can receive the status of “other property”

The Ministry of Finance and the Central Bank discuss what to do with crypto currencies. There is an offer to define crypto currencies as “other property”. The Bank of Russia suggests recognizing crypto currencies as digital goods with amendment of laws regarding taxes, control and the reporting. If one recognizes crypto currencies as money, the currency control will be required.

According to one of the experts, in the world the bitcoin is considered to be either currency, securities or goods, but any of these qualifications is one-sided.

If one calls crypto currency “goods”, for example digital, it will generate much more problems, than will resolve questions, the counsel of Nadmitov, Ivanov & Partners Law Firm Maxim Bashkatov says. It will help to determine how to tax crypto currency mining (a way of receiving crypto currency. – Vedomosti), but the use of crypto currencies for payments will be subject to constant risks of legal re-qualification, he warns. Bashkatov specifies that use of such “goods” for payment for normal goods, works or services has to be qualified as exchange, but not purchase and sale.

For more detail see: https://www.vedomosti.ru/finance/articles/2017/06/09/693743-rossiya-kriptovalyuti

“Nadmitov, Ivanov and Partners” Law Firm advises clients on innovative transactions involving blockchain technology and crypto currencies, including Bitcoin.


separator

A US court has obliged a Transaero shareholder to disclose assets

/ 0 Comments

8 июня

Alexander Nadmitov, the managing partner of Nadmitov, Ivanov & Partners Law Firm, commented to Vedomosti newspaper on satisfaction by a US court of the claim concerning the disclosure of assets of owners of bankrupt air company “Transaero”.

A US court has obliged a Transaero shareholder to disclose assets. “MTS bank” intends to collect 4.1 billion rubles from Alexander Pleshakov

The court of the Southern Federal District of Florida on June 6 upheld the claim of “MTS bank” to the owner and the former chairman of the ‘Transaero’ air company board of directors Alexander Pleshakov (59.48% as of the end of 2016) against the Former first Deputy CEO of Transaero Alexander Krinichansky and the Florida company ‘Sky Ocean International’.

According to the decision, the court obliged defendants and Florida banks under subpoenas issued at the request of “MTS bank” to give within 28 days testimony and to provide documents. According to the lawsuit, the information is required for ‘MTS bank’ for participation in the Transaero’s bankruptcy proceedings and the planned proceedings in Russia and on the British Virgin Islands related to repayment of the debt, distortion of Transaero’s reporting, money laundering, etc.

“In our experience, it can take several years for search of property and collection of debt at its expense”, – the managing partner of Nadmitov, Ivanov & Partners Law Firm Alexander Nadmitov warns.

For more detail see: https://www.vedomosti.ru/business/articles/2017/06/08/693505-transaero-raskrit-aktivi

Nadmitov, Ivanov and Partners Law Firm regularly represents clients in international arbitrations and foreign courts.


separator

The frequency glorked at collectors

/ 0 Comments

1 июняDenis Kazakov, the partner of Nadmitov, Ivanov & Partners Law Firm, commented to Kommersant newspaper on the conclusion of additional agreements allowing increasing the frequency of interaction of banks with debtors.

The frequency glorked at collectors

The banks suggest them to interact with debtors more closely

After entry into force from January 1, 2017 of the law regulating the procedure of collecting debt owed by natural persons, banks found a possibility how to bypass its key requirement. For this purpose they conclude special additional agreements where they reflect large powers when collecting debt.

The law unambiguously restricts interaction frequency when collecting debt, but allows the debtor and the creditor including in case of negotiation about restructuring of overdue debt to conclude the agreement setting interaction frequency at the creditor’s discretion. However, the banks saw in this formula an opportunity in advance — before the debt default happened — to reflect such powers in the credit agreement or the additional agreement. But collectors don’t risk using these opportunities, being afraid to cause claims from the regulator.

“The debtor and the creditor can conclude an agreement for the solution of those questions, which are directly specified in the law. Any expansionist interpretation, which is directly not deferred by the law to the sphere of regulation of this agreement, will mean automatically violation of the law” —the partner of Nadmitov, Ivanov & Partners Law Firm Denis Kazakov notes.

For more detail see: https://www.kommersant.ru/doc/3313452

“Nadmitov, Ivanov and Partners” Law Firm represents clients in the financial area, in the area of debt collection and in the enforcement proceedings.


separator

Kiev suspected “Yandex” of treason, threatens the Ukrainian workers with up to 15 years of prison

/ 0 Comments

29 мая

Alexander Nadmitov, the managing partner of Nadmitov, Ivanov & Partners Law Firm, commented to PRIME business news agency on searches of the Ukrainian Security Service at the Yandex offices in Kiev and Odessa.

Kiev suspected “Yandex” of treason, threatens the Ukrainian workers with up to 15 years of prison

Investigative actions take place within the criminal case under article 111 of the Ukraine Criminal Code “Treason”. Lawyers are surprised with the article imputed to the Russian company as it provides for responsibility only for natural persons. In general, this article can be imputed only to the citizens of Ukraine.

The managing partner of Nadmitov, Ivanov & Partners Law Firm Alexander Nadmitov also refers to the said article and says that administrative punishments can be imposed on “Yandex”.

“Perhaps, “Yandex” hasn’t blocked certain website for what administrative responsibility in the form of a penalty is provided” — he has told the Prime agency, having noted that searches are an element of political pressure. He has supposed that theoretically the article can be directed against someone out of the heads of a subsidiary company, however, speaking about it is premature as “the imputed elements of crime aren’t clear yet”.

For more detail see: https://1prime.ru/telecommunications_and_technologies/20170529/827504491.html

“Nadmitov, Ivanov and Partners” Law Firm advises clients, inter alia, on white-collar crimes and administrative proceedings.


separator

“The tax on optical drives” is left for cheap and simple electronics

/ 0 Comments

25 маяAlexander Nadmitov, the managing partner of Nadmitov, Ivanov & Partners Law Firm, commented to Izvestia newspaper on criteria of determination by a court of differentiating between amateur and professional equipment.

“The tax on optical drives” is left for cheap and simple electronics

The Intellectual Property Rights Court has defined the difference between professional equipment and amateur one

According to the Civil Code, the levy shouldn’t be paid on “the professional equipment, which isn’t intended for the use at home”. The problem is that equipment manufacturers and defenders of IP owners understand this unusability differently. It has become clear, for example, in the judicial conflict between the Russian Union of IP Right Holders and the Russian representative office of the American IT company Dell, which lasts already for two years.

— There is the general principle of case-law consistency. Courts have to interpret and apply legal rules uniformly — Alexander Nadmitov, the managing partner of Nadmitov, Ivanov & Partners Law Firm, has noted. — Acts of higher court degrees or decisions reviewed by them are a reference point for case-law in similar affairs. If any court while taking a decision on an issue on which the Supreme Court has already given an answer, takes a different position, such decision, most likely, will be quashed.

According to the expert, the equipment should be considered professional if it corresponds to all to the criteria noted by the Intellectual Property Court or at least one of them.

For more detail see: http://izvestia.ru/news/715538

“Nadmitov, Ivanov and Partners” Law Firm actively represents clients in courts and advises on complex IP issues.


separator