Analytics and brochures

Pepeliaev Group advises that on 25 May 2011, the Russian Ministry of Justice registered the Ministry of Finance’s Order No. 50-n dated 25 April 2011. This Order approves the Procedure for raising and receiving VAT invoices electronically using telecommunications channels and applying digital electronic signatures (the “Procedure”). The Procedure came into force on 3 June 2011.

Pepeliaev Group advises that on 25 April 2011 the Russian Constitution Court issued Resolution No. 6-P in case regarding the analysis for compliance with the Constitution of part 1 article 3.7 (confiscation of the instrument and target of the administrative offence) and part 2 article 8.28 (illegal cutting, damage to forest and unauthorised digging out of trees, bushes and lianas in forests) of the Russian Code on Administrative Offences in connection with a claim from OOO StroyKomplekt.

Pepeliaev Group advises that on 4 May 2011 the President of the Russian Federation signed Federal Law No. 99-FZ “On licensing specific operations” that will replace the current licensing law.

Pepeliaev Group advises that 27 April 2011 saw the entry into force of Federal Law No. 71-FZ dated 21 April 2011 “On amending articles 17.15 and 31.9 of the Russian Code of Administrative Offences and article 21 of the Federal Law ‘On Enforcement Proceedings’”.

On 17 February 2011, the Plenum of the Russian Supreme Arbitration Court (the “SAC”) adopted its Resolution No. 11. This clarified issues concerning the application of a particular part of the Russian Code on Administrative Offences (the “CoAO”) which concern administrative breaches relating to the protection of property, environment and nature management, construction activities, unlawful use of a trade mark, and competition in bad faith, and also in connection with issues relating to hiring foreign workers and registering them for migration purposes.

Pepeliaev Group advises that on 24 April 2011, the Russian Supreme Arbitration Court published on its official website Resolution No. 14233/10 of the Court’s Presidium dated 17 March 2011. The Resolution considered the issue of the payment of interest on a late refund of VAT (clause 10, article 176 of the Russian Tax Code) in cases in which a taxpayer who has submitted a tax return declaring an amount of VAT to be refunded has not applied to the tax authority for the tax in question to be refunded.