Publications

RBC (RosBusinessConsulting) has published an article “The Supreme Court Sets an Important Tax Precedent for Business” based on a court ruling involving a precedent-setting case on application of thin capitalization. “The Supreme Court passed a precedent-setting decision in favor of business involving the question of whether it is necessary to withhold tax on interest accrued on loans made by Russian sister companies, if such loans have been reclassified into dividends.”

The press last week resumed discussions of the possibility of launching the bail-in mechanism in Russia. What triggered the mass media’s passions was a proposal by the Ministry of Finance to introduce bail-in procedures for depositors in troubled banks, whose deposits were in excess of 100 million Russian rubles each.

Galina Nikolayevna Bogdanovskaya, a judge of the 18th Arbitrage Court of Appeals, has expressed an opinion on the matters raised in the article, and her view is added to the material published in the magazine. In the opinion of G. N. Bogdanovskaya, the conception of the dynamic nature of the status of a third party proposed in the article allows one to eliminate problems in procedural legislation.

Based on the example of a range of interesting arbitration cases, the article illuminates certain peculiarities of calculating the statute of limitations on a claim for application of the consequences of the invalidity of disputed transactions.

On September 15, 2015, the Code of Administrative Legal Proceedings of the Russian Federation, which establishes new rules for consideration of cases arising out of public legal relations, came into effect.
In the section "EVENT. COMMENTARY BY EXPERTS" in the September issue of the Journal "LAW" the senior attorney from the Disputes Resolution practice, Nikita Shcherbakov, commented on the discrepancies in the new code associated with the concept of representation.

Vestnik Arbitrazhnogo Suda Moskovskogo Okruga, the circuit court’s official periodical, has carried comments by Nikita Scherbakov, a senior attorney with Jus Aureum, on the outcome of Case No. А40-67008/2014, which dealt with the issue of liability on the part of the Federal Court Marshals’ Service and the judgment creditor in certain enforcement proceedings for the erroneous exaction of double the amount of debt owed by a debtor.

Vestnik Ekonomicheskogo Pravosudiya, the Russian Federation's economic justice newsletter, has published an article by senior partner Vadim Maklakov and senior lawyer Nikita Shcherbakov, headlined "Length of Stay of Judicial Act Enforcement in Arbitrazh Court Proceedings by a Cassation Panel".

The article examined the application of the Russian Civil Code's requirements of approval for a transaction executed by a representative not vested with the respective authority to the procedural representation requirements of the Civil Procedure Code and the Arbitrazh Procedure Code.