Analytics and brochures

Pepeliaev Group advises that the Russian Supreme Arbitration Court (the “SAC”) has published on its web site Resolution No. 8654/11 dated 15 November 2011 in the case of OAO Coal Mine Severny Kuzbass touching upon the issues connected with the application of the Russian thin capitalisation rules. The resolution changes the existing case law in a significant manner with regard to what should take priority: non-discrimination provisions of international double tax treaties or Russian thin capitalisation rules.

Pepeliaev Group advises that 22 February 2011 saw the publication on the website of the Federal Service for Supervision over Telecommunications, Information Technology and Mass Media (“Roskomnadzor”) of its Order No. 048 dated 31 December 2010 On temporary rules for administrative procedures performed by the Federal Service for Supervision over Telecommunications, Information Technology and Mass Media to grant, renew, extend and cancel licences at the licensee’s request, to issue additional copies of licences, and to provide information contained in the licence register on specific licensees while rendering the state service of licensing radio and television broadcasting.

The third set of antimonopoly measures, which comes into force on 6 and 7 January, significantly amends antimonopoly legislation, affecting business across the board. The most important new developments include: antimonopoly law institutions and concepts being clarified, not least the criteria for monopolistic high prices and concerted actions; the concept of a cartel being introduced; and the manipulation of the electric power market being prohibited. The grounds for administrative and criminal liability to be imposed are also amended.

5 December 2011 saw the entry into force of Federal Law No. 334-FZ dated 22 November 2011 On amending the Russian Federation Labour Code to improve the regime for resolving collective labour disputes. This Law amends the Russian Labour Code in terms of both the time limits and procedure for examining and resolving collective labour disputes.

Pepeliaev Group advises that on 23 November, the State Duma adopted a Federal Law that amends the rates of insurance contributions payable to the state social security funds.

Pepeliaev Group advises that 20 November 2011 saw the publication on the Supreme Arbitration Court’s official website of the Court’s Resolution No. 3602/11 in case No. 08-8099/2009 (Krasny Oktyabr v. Slavyanka).