Europe

ILN Bankruptcy, Insolvency & Rehabilitation Proceedings Guide

The members of our Restructuring & Insolvency Group have finalized their 2020 edition of the Bankruptcy, Insolvency & Rehabilitation Proceedings Guide, which can be found here.

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E-ELEGAL® MAY 2020

I. EDITORIAL – CALAMITY SITUATION

The month of May was defined, at the legislative level, by the approval and publication of Decree-Law no. 22/2020 of May 16, which amended the exceptional and temporary measures related to the COVID-19 pandemic.

On the other hand, reference should be made to the Council of Ministers Resolution no. 38/2020 of May 17, which extended, in accordance with the timetable for progressive withdrawal of confinement, the declaration of the situation of calamity. Read more…

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Lidings lawyers have defended client against a criminal charge worth over 60 million rubles

Lawyers of the Lidings’ Criminal Defense Practice have successfully defended client charged with tax evasion (for 60 million rubles) and large-scale fraud (for 10 million rubles). The project lasted more than two and a half years led by the firm’s partner and attorney Stepan Guzey. Despite intense opposition from the Prosecutor’s Office of Novgorod Region and introduction of restrictions to combat the spread of COVID-19 the criminal case was terminated during pre-trial investigation.

In August-November 2017, the Investigative Department for the City of Velikiy Novgorod commenced criminal proceedings against the CEO of the client, a major regional supplier of agricultural machinery, the company OOO Avtopromash. Legal grounds for the commencement were Part 2 of Article 199 of the Criminal Code of the Russian Federation (large-scale tax evasion) and under Part 4 of Article 159 of the Criminal Code (large-scale fraud).

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Explanations of the Constitutional court regarding the conclusion of fixed-term employment contracts with persons who are employed to perform certain work

In its recent Ruling1, the Russian Constitutional court clarified the provisions of the Labor Code regarding the conclusion of a fixed-term employment contract with persons who are employed to perform certain work when the date of completion of work cannot be determined by a specific date (paragraph 8, part 1 of article 59 of the Labor Code).

A private security company concluded an employment contract with its employee for 1 year. Employee’s job duties were based on security services agreements concluded by the employer with its clients. At the end of each term, the employer signed new employment contracts with the employee for each subsequent calendar year with a period of validity from January 1 to December 31. The employer justified this approach by the fact that contracts with counter-parties were limited by a certain period of service provision, which causes the conclusion of a fixed-term employment contract with an employee in accordance with paragraph 8, part 1 of article 59 of the Labor Code.

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Best Lawyers 2021 Rating Names 7 Lidings’ Partners Top Lawyers in Russia

Best Lawyers, an international legal directory annually identifying the most prominent lawyers around the world by analyzing their professional skills and achievements during the year, once again lists Lidings’ experts among the best lawyers in Russia.

Based on the results of the new research 7 Lidings’ partners are recognized among the top legal advisors in 11 key practice areas in the country.

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WIPO introduces new business online-service that provides evidence of an intellectual asset’s existence

On 27 May 2020 WIPO launched new online business service, WIPO PROOF1, that provides tamper-proof evidence of the existence at a point in time of any digital file, including data sets, in any format.

The WIPO PROOF service generates tamper-proof evidence proving that a digital file existed at a specific point in time, and that it has not been altered since that time. An evidence in this case will be a digital WIPO PROOF token which consists of a date- and time-stamped digital fingerprint of the file (or data).

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Online sales of medicines are allowed

16 May 2020 the Russian Government enacted the rules on online sales and delivery of medicines (the Rules). According to the Rules, online sales of medicines are allowed. The exceptions are: RX medicines, narcotic and psychotropic medicines, and medicines containing more than 25% ethyl alcohol.

To receive authorization for online sales a pharmacy shall have a license for at least 1 year, minimum of 10 retail stores, an Internet website or a mobile app, a delivery service, or a contract with such service provider.

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What is the meaning of special conditions for registration of medical drugs for the treatment and prevention of diseases that pose a danger or in emergency situation?

This refers to the fast track registration and conduct of clinical trials, which is valid until January 1, 2021 and is worked out for medical drugs potentially effective in the fight against COVID-191

State registration of these medical drugs is carried out by the Ministry of Health of the Russian Federation.

The applicant submits for registration an application; administrative documentation; chemical, pharmaceutical, biological documentation; pharmacological, toxicological documentation; clinical documentation.

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Insolvency of companies in Portugal

Insolvency of companies in Portugal – Liability of directors and managers article can be read here. 

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Experimenting on electronic employment document flow

On May 5, 2020, a law1 comes into force that establishes the procedure for experimenting on the use of employment in electronic form without their duplicating on paper documents by certain employers and employees. More detailed rules for experimenting will be set out in the regulations on conducting the experiment, which must be approved by the Russian Ministry of Labor.

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