Practices
Industries

The Procedure for Obtaining by Ministry of Industry and Trade Information Constituting a Trade Secret of Pharmaceutical Manufacturers Has Been Changed

30 September 2024

On 1 September 2024, a joint order of the Ministry of Industry and Trade No. 3554 and the Ministry of Health No. 406n dated 7 August 2024 (hereinafter referred to as the “Order”) entered into force, approving a new procedure for providing the Ministry of Industry and Trade with information on medicines necessary for the purposes of licensing their production and inspecting the subjects of their circulation for compliance the requirements of good manufacturing practice. The Order replaced the previously existing procedure for interdepartmental interaction between the Ministry of Health and the Ministry of Industry and Trade.

The Сorporate Rights of Dutch Distributor in JSC “Megapolis Trade Company” Were Suspended at the Suit of Russian Ministry of Industry and Trade

20 August 2024

On 8 August 2024, the Arbitration Court of the Moscow Region satisfied the claim of the Russian Ministry of Industry and Trade against foreign company – Besloten Vennootschap Megapolis Distribution B.V. (distributor of Japan Tobacco, Phillip Morris, Red Bull, Durex and other brands) for suspension of its corporate rights in an economically significant organization (hereinafter – “ESO”) JSC “Megapolis Trade Company”.

Changes to Regulation of Business Companies’ Activities: Key Aspects

16 August 2024

On 8 August 2024, federal laws introducing a number of changes to the regulation of Russian LLC and JSC activities were published: Federal Law No. 305-FZ dated 08.08.2024 “On Amendments to Articles 48 and 66 of the Federal Law “On Joint Stock Companies” and Certain Legislative Acts of the Russian Federation” (hereinafter – “Law No. 305”) and Federal Law No. 287-FZ dated 08.08.2024 “On Amendments to the Federal Law “On Joint Stock Companies” and Certain Legislative Acts of the Russian Federation” (hereinafter – “Law No. 287”).

Government Commission Will Coordinate Transactions on the Alienation of Intellectual Property of Rightholders from Unfriendly Countries

22 May 2024

Earlier we reported on the fact that the Ministry of Industry and Trade of Russia has developed a draft by-law extending a special procedure for the execution of transactions to transactions involving intellectual property objects.

This legislative initiative has been developed. On 20 May the Decree of the Russian President No. 430 “On the Temporary Procedure for Acquiring the Exclusive Rights of Certain Copyright Holders and Fulfilling Monetary Obligations to Certain Foreign Creditors and Persons Controlled by Them” (hereinafter referred to as the “Decree”) was signed and came into force.

The Draft Law on Consumer Market Researchers Was Adopted in the First Reading

26 January 2024

On 16 January 2024 the State Duma adopted in the first reading the draft law No. 412669-8 “On Amendments to Chapter 4 of the Federal Law “On the Basics of State Regulation of Trade Activities in the Russian Federation” (“Draft law”). The Draft law proposes to introduce a number of changes to the regulation of companies engaged in consumer market research, provided they receive revenue in the amount of more than 30 million rubles per year.

Russian Courts Began to Invalidate Transactions Made Without the Permission of the Government Commission

23 October 2023

On 14 August 2023 the Tenth Arbitration Court of Appeal invalidated a real estate purchase and sale deal completed without the permission of the Government Commission for Monitoring the Implementation of Foreign Investments in the Russian Federation (hereinafter referred to as the “Government Commission”). On 16 October 2023 the Arbitration Court of the Moscow District upheld the decision of the Court of Appeal, confirming the illegality of such transactions bypassing the procedure provided for by current legislation.

The Ministry of Finance Has Softened the Conditions for Paying Dividends to “Unfriendly” Non-Residents

24 August 2023
On 23 August 2023, the Ministry of Finance of the Russian Federation has published on its website an extract from the minutes of the meeting of the Subcommittee of the Government Commission for the Control of Foreign Investment in the Russian Federation No. 182/5 dated 9 August 2023 (“Extract”). This Extract allows residents to pay dividends to foreign “unfriendly” creditors without complying with the conditions specified in paragraph 2 of the minutes of the meeting of the Subcommittee No. 171/5 dated 14 June 2023(«Conditions»).