Tag Archives: Russia

RECENT UPDATES IN PERSONAL DATA REGULATION IN RUSSIA

THE SUPREME COURT CONFIRMED THAT RUSSIAN USERS MAY FILE A LAWSUIT AGAINST AN AMERICAN SOCIAL NETWORK TO A RUSSIAN COURT

The Supreme Court of the Russian Federation reviewed a case initiated by a number of Internet users against the American social network Facebook Inc.

The Russian users filed a lawsuit against Facebook Inc. based on the Terms of Service violations. Moreover, the users also motivated their lawsuit by illegal use of their personal data.

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First introduction of cramdown in Russian Bankruptcy

In addition to recent measures supporting the economy and preventing spread of COVID-19 a new law No. 166-FZ dated 8 June, 2020 “On amendments to certain legislative acts of the Russian Federation with a view to taking urgent measures aimed at ensuring sustainable economic development and preventing the consequences of the spread of a novel coronavirus infection” was adopted (hereinafter referred to as Law no. 166). Law No. 166 amended regulations provided by the Bankruptcy law1 with several novels.

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Moscow city Duma proposed to legalise remote work in the Labour Code of the Russian Federation

Deputies of the Moscow city Duma introduced a bill1 suggesting adding provisions for remote work to the Labour Code. The ground for making such amendments are the difficulties in formalising transfer of employees to remote work which the employers faced during the pandemic.

As indicated in the explanatory memorandum to the bill, “at present, a significant part of citizens, due to the current epidemiological situation, temporarily or partially (according to a special schedule) carries out their work in remote form, that is, outside the main stationary workplace”. Indeed, non-working days declared in Russia were only nominative non-working: the majority of employees proceeded to work from home. It was a kind of challenge for many employers, since the existing legislation does not provide for the possibility of remote, rather than distant work (for differences see here).

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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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Russia’s Supreme Court provides another set of recommendations on case handling in the light of COVID-19

Russia’s Supreme Court provides another set of recommendations on case handling in the light of COVID-19

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The Supreme Court encourages courts to follow his example and hold trials online

In view of the ruling of the Presidium of the Supreme Court of the Russian Federation and the Presidium of the Council of Judges of the Russian Federation from March 18, 20201 Russian courts have been working in a new “self-isolated” regime for just over a month. Personal reception of citizens in courts is suspended, it is recommended to submit documents through electronic reception of courts, and courts are considering only certain categories of cases.

The Supreme Court has already drawn up the results of the first month of work in the new regime2. From March 18 to April 20, 2020 the courts received 225.2 thousand documents in electronic form – this is one and a half times or 77.3 thousand documents more than for the same period of the previous year. More than 286 million times, citizens have used the state automation system “Pravosudiye” (Justice). Also by the end of May a system of online familiarization with case materials is planned to be introduced in all commercial courts of all instances3.

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Temporary measures in the area of migration due to the spread of coronavirus infection

On April 18, 2020, the President of the Russian Federation signed a decree1 “On temporary measures to regulate the legal status of foreign citizens and stateless persons in the Russian Federation in connection with the threat of the further spread of a new coronavirus infection (COVID-19)” (“Decree”). The measures provided for by the Decree are limited in their duration – from March 15 to June 15, 2020, inclusive. Below we will consider the main measures established by the Decree with respect to foreign citizens who came to Russia both on a visa-free and visa basis, as well as stateless persons (hereinafter jointly referred to as “foreign citizens” as well):

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Corrections to the moratorium

At the beginning of the month Russian regulators implemented a draft law, which provides for the possibility of the Government of the Russian Federation by its act to introduce a moratorium on initiation of bankruptcy proceedings under natural and man-made emergencies, significant changes in the ruble exchange rate and similar exceptional circumstances (for more details see the update). The moratorium on bankruptcy has been in force in Russia since April 4, but now the Law on Bankruptcy is being corrected again. The need for amendments is due to the rushed adoption of the Law, as well as the reaction to criticism from the professional community The law providing for the amendment was signed by the President of the Russian Federation and comes into force on April 24. In particular, the new law establishes the following changes to the regime of the moratorium on bankruptcy.

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Compulsory Licensing in Russia in the view of COVID-19

Nowadays the sphere of healthcare is becoming one of the mostly discussed because of a mass spread of the coronavirus pandemic (also COVID-19). Confirmed cases of COVID-19 around the world have passed more than a 2.4 million. As the disease is continuing to surge the World Health Organization is warning that there are no specific vaccines or treatments for COVID-19 as for today. However, there are many ongoing clinical trials evaluating potential treatments and developing drugs conducted by different laboratories in developed countries.

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As a follow-up to the “rent free period” issue, the Government of the Russian Federation has developed requirements for terms and conditions of deferred payment rent

Now parties can add up the idea of how to exercise the right to defer debt repayment under lease agreement.

In the legal community, it is believed that the deferral applies only to those lease agreements under which the lessee, due to quarantine restrictions, was not deprived of the opportunity to use the leased property for the purposes specified in the lease agreement.

So, according to the Decree of the Government of the Russian Federation dd. 03.04.2020 № 439:

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