Collection of accounts receivable in court proceedings
Any commercial organization or individual entrepreneur carrying out business activities under contracts that do not provide for 100% prepayment, face a situation sooner or later where the counterparty has receivables, payment of which is not always possible to achieve on a voluntary basis.Read more
Lawsuits from LLCs against shareholders to contest major transactions have to be submitted to arbitration courts
The claimant company applied to the arbitration court with a demand to invalidate the loan agreement (major transaction) between it and its individual member and to apply the consequences of the transaction invalidity. The court of first instance referred the case to the court of general jurisdiction. The court of appeal agreed with this position and upheld the decision of the court of first instance.Read more
The exclusion of a company from the Unified State Register of Legal Entities in an administrative manner is not a ground for bringing the company's head to liability due to the company's outstanding debts to the creditor
The Supreme Court, in its ruling dated January 30, 2023, indicated that the exclusion of a company from the Unified State Register of Legal Entities in an administrative manner is not a ground for holding the company's head liable due to the company's outstanding debts to the creditor.Read more
Latest amendments on fingerprinting and photography for diplomatic staff
On 10.01.2023, the list of states whose diplomatic heads (officials, employees, family members) are not fingerprinted and photographed in the Russian Federation on the basis of the principle of reciprocity has been changed. The list is established by Order of the Ministry of Foreign Affairs of the Russian Federation No. 23817 dated 29.11.2021.Read more
Unenforceability of arbitration or prorogation agreement in connection with the sanctions of foreign states
The parties to a foreign economic contract, when structuring contractual relations, quite often include a condition in the contract to refer disputes to a foreign court (prorogation agreement) or international commercial arbitration (arbitration agreement) located outside the territory of the Russian Federation, or enter into a separate agreement regarding this issue.
However, the economic sanctions imposed by the European Union, the United States and a number of other countries against the Russian Federation, Russian legal entities and individuals have a significant impact on their ability to comply with an agreement on referring disputes to the jurisdiction of a foreign court or international commercial arbitration.
The arbitration clauses in contracts can be ignored if the chosen court is located in a state that has imposed sanctions against Russia
As the court of cassation pointed out in Resolution of the Commercial Court of the Far Eastern District dated December 26, 2022 in case No. A73-15265/2022 , a judicial dispute is subject to consideration in a Russian court if there are grounds to believe that the foreign court referred to in the contract will be unable to ensure a fair trial.Read more
From March 1, 2023 Roskomnadzor will be able to ban data transfers abroad for organizations and companies that process personal data
From March 1, 2023, new rules will come into force, whereunder Roskomnadzor will be able to ban cross-border personal data transfers by personal data processors (Government Decree No. 24 dated 16.01.2023).Read more
Procedure for providing medical documents to the migration department of the Ministry of Interior by foreign citizens temporarily staying in the Russian Federation
In accordance with the amendments [1] made on July 2022 to the Federal Law “On the Legal Status of Foreign Citizens in the Russian Federation” concerning medical examination of certain categories of foreign citizens, the Ministry of Internal Affairs approved the organization of work and a new Procedure for providing foreign citizens [2] with medical documents to the territorial bodies of the Ministry of Internal Affairs or organizations authorized by it - Order of the Ministry of Internal Affairs No. 775 dated 21 October 2022. The updated procedure came into effect from 12.11.2022.
Recent changes in labor law and important rulings in court practice
- The dismissal of an employee for failure to achieve labour indicators is illegal, unless the employer proves the employee’s fault and the fact that, within the framework of labour relations, the employee is obliged to achieve specific indicators, as well as the fact that the employer has created all the necessary working conditions to achieve the necessary indicators. Ruling of the 1st Cassation Court of General Jurisdiction dated November 01, 2022 No. 88-28704/2022.
- Dismissal for absenteeism is illegal, unless the employee was requested an explanation for each day of absenteeism. As follows from Ruling of the 5th Cassation Court of General Jurisdiction dated November 15, 2022 No. 88-8733/2022, if in the dismissal order for absenteeism the employer refers to several episodes of absenteeism (absence from the workplace for more than 4 hours in a row), explanations are to be requested from the employee with regard to each of them.
- As follows from Ruling of the 7th Cassation Court of General Jurisdiction dated November 15, 2022 No. 88-17397/2022, the employer may recover only the actual costs of training from the employee, the collection of interest, indexation and penalties in such cases is illegal, as it worsens the position of the employee as compared with the rules of the labour law.
- In 2023, the minimum wage will be RUB 16,242, which is RUB 963 higher than in 2022.
- According to Draft Federal Law No. 270457-8, it is planned to allow confirming the passage of labour protection briefings by an employee through electronic document management, if the employer has implemented such a system. Confirmation can be arranged through the enhanced qualified electronic signature. Conducting targeted briefing on labour protection is planned to be confirmed as previously.
- As follows from Ruling of the 4th Cassation Court of General Jurisdiction dated October 18, 2022 No. 88-23846/2022, the dismissal of a pregnant employee based on testing results is illegal. The court recalled that it is impossible to establish a probation period for pregnant employees, and if it was established in the contract, these provisions shall not apply. The employer will have to return the employee dismissed for this reason to her position, even if it was unaware of the pregnancy at the time of dismissal.
TaXmas 2022
TaXmas is an annual event we traditionally hold for our clients and partners to take stock of the year. This year we will talk you through the main regulation changes that will become effective in 2023. After the presentations, it will be possible to mingle with the event speakers and organizers.
Details
Languages
- Russian
Admission
Free
Number of participants
Limited
Locations and dates
Saint Petersburg
- Date: 01.12.2022
- Address: House of Finland:
Bolshaya Konyushennaya 8
Moscow
- Date: 15.12.2022
- Address: Business center "Fili Grad"
Beregovoy Proezd 5
Program
- 15:30-16:00 Registration of guests and welcoming coffee-break
- 16:00-16:30 Opening, greetings
Ekaterina Zelenina. General Director of Konsu
- 16:30-17:00 Changes in tax and accounting legislation 2022-2023
Olga Mazina. Director of tax consulting and audit department at Konsu
- 17:00-17:30 Review of changes in legislation 2022-2023
Maxim Dmitriev. Senior lawyer at Konsu.
- Digitization of key processes in companies in Russia. Overview of russian technologies by international IT expert
Ilya Karyakin. Director of technological innovation at WONE IT, chairman of the committee on import substitution and innovations at "Delovaya Rossiya".
- 18:00-18.30 Russia-Kazakhstan: barriers and opportunities. Cross-culture peculiarities
Irina Kurilenko. Director, business-trainer, couch of the Institute of Resource Management
- 18:30 Completion of presentations
Givi Enukidze. Director of Customer service at Konsu
- 18:40-21:00 - Netwroking, drinks, light refreshments
Download presentations
Changes in tax and accounting legislation 2022-2023
Olga Mazina. Director of tax consulting and audit department at Konsu
Review of changes in legislation 2022-2023
Maxim Dmitriev. Senior lawyer at Konsu
Digitization of key processes in companies in Russia. Overview of russian technologies by international IT expert.
Ilya Karyakin. Director of technological innovation at WONE IT, chairman of the committee on import substitution and innovations at “Delovaya Rossiya”
18:00-18.30 Russia-Kazakhstan: barriers and opportunities. Cross-culture peculiarities.
Irina Kurilenko. Director, business-trainer, couch of the Institute of Resource Management
Event partner
Important
- To obtain a pass to the business center territory (Moscow, 15.12.2022), please take your passport or ID.