Migration Registration for non-Russian Citizens During the 2018 FIFA World Cup

Foreign nationals (non-Russian citizens) who have crossed Russian border in the following cities: Volgograd, Ekaterinburg, Kazan, Kaliningrad, Moscow, Nizhny Novgorod, Rostov-on-Don, Samara, St. Petersburg, Saransk and Sochi (the 2018 FIFA World Cup FIFA) from 25 May 2018 to 25 July 2018 must be registered at the place of temporary stay or constant residence within 1 day. Either the host party, or the foreign citizen personally must complete the registeration at the local office of Ministry of Foreign Affairs. Foreign nationals staying at hotels shall seek such registration from the hotels.

These regulations do not apply to foreign nationals who are members of the World Cup, the Confederations Cup, nor do the regulations apply to representatives of FIFA, subsidiaries of FIFA, the confederations and national football associations which are included in the list of FIFA organizations.

The new registration rules are introduced according to Russian Presidential Decree No. 202 “On peculiarities of application of enhanced security measures in the Russian Federation during the 2017 FIFA Confederations Cup and the 2018 FIFA World Cup” dated May 9, 2017.

Legal Alert: Court Decision Effects Use of Crypto-Currencies in the Russian Federation

An interesting decision issued recently by the Moscow Arbitration Court, reinforces the status of crypto currencies in the Russian Federation as being outside of Russia law, which means crypto-currencies are not protected by the state.

Document: Ruling of Moscow City Arbitration Court dated 05.03.2018 in the case N A40-124668 / 17-71-160F.

The Moscow City Arbitration Court did not grant the petition of the financial manager to include crypto currency in the bankruptcy estate. The refusal was based on the following:

  • Crypto currency is not an object of any type of civil right;
  • Operations with crypto-currencies are outside of current laws and they cannot be secured by force of state;
  • Due to the anonymity of users and the absence of a monitoring center, it is impossible to reliably determine exact ownership of crypto currency in the cryptotool.

The Russian Federation Ministry of Finance and the Central Bank have prepared draft laws that are designed to regulate the status of the crypto currency.

Photo Report – WatersOAG Round Table on March 23, 2018

WatersOAG thanks participants of the round table held on 23/03/2018!

Photo Report – WatersOAG Round Table on February 9, 2018

WatersOAG thanks participants of the round table held on 09/02/2018!

 

WatersOAG Advised on 107 Mln.USD Transaction

WatersOAG was chosen as the leading consultant in a transaction valued at 6 billion rubles (approx. 107 million USD) wherein a Japanese company contributed to the charter capital of a Russian company.

WatersOAG Lawyers advised participants on the elements of the transaction, prepared documents and coordinated the international signing of documents among other tasks as part of WatersOAG comprehensive legal support services.

Legal Alert: New Requirement by Russian State Labor Inspectorate

New Russian Federation labor regulations effective January 1, 2018.

Starting this year the Russian state labor ​Inspectorate is applying a risk-oriented approach to the inspections requirement. This means that the labor Inspectorate assigns a certain risk category (such: as: “high-risk”) to the company’s activities. Each category will have a certain frequency of inspections to be performed by the State Labor Inspectorate. Violations in HR records, unpaid wages, fines, accidents, etc. determine the specific risk category.

WatersOAG provides legal support during inspections that conduct state labor Inspectorate.

Photo Report – WatersOAG Round Table on November 17, 2017

WatersOAG thanks participants of the round table held on 17/11/2017

WatersOAG Legal Alert: Russian Tax Authorities Actively Identify Inaccurate Information about Companies and Take Measures

Russian tax authorities are actively working to identify false company information. These measures began in 2016 and have continued throughout 2017, pursuant to an Order of the Federal Tax Service[1].

Representatives of the Federal Tax Service are taking measures to identify inaccurate company information, including having agents of the tax service travel to a company’s locations (their registered addresses). As a result, tax authorities notify companies of inaccurate information they uncover and provide 30 (thirty) days’ notice to register correct information in the Unified State Register.

Over the past 2 months, such notices have been received by a variety of companies in Moscow.

If  companies do not take measures to register their correct information, the tax office makes a record of false data in the Unified State Register (“Register”). The information contained in the Register is public, so a record of false data may adversely affect a company’s reputation.

A company is then given 6 months to correct the information in the Register (according to the latest amendments from September 1, 2017). If incorrect information in the register is not corrected, tax authorities have the right to exclude such company from the Register without a court order.  Previously, such exclusion was possible, but only by a court decision.

Companies are liable for the losses caused to the other participants of the civil turnover as a result of a company’s failure to maintain accurate information in the public Register (Art. 51 of the Civil Code). Also, companies bear risks of not receiving legally significant information (such as mail for example), if such information was not delivered to them because of the inaccurate data in the Register (Art.165.1 of the Civil Code).

A statement of false data that may provoke an inspection of any company by tax authorities may be sent to the tax office by any person. The decision of tax inspection once entered may be appealed to a higher authority or in court according to the rules of Chapter 24 of the Arbitration Procedure Code[3].

[1]Order of the FTS of Russia from 11.02.2016 N MMV-7-14 / 72

[2]Federal Law of 28.12.2016 N 488-FZ” On Amendments to Certain Legislative Acts of the Russian Federation

“[3]Letter FTS of Russia from 07.06.2017 N HD-4-14 / 13154 @ on the direction of “judicial review disputes involving the registration authorities of N 2 (2017)”

WatersOAG Thanks Participants of the Round Table Held on October 13, 2017

WatersOAG thanks participants of the round table 13/10/2017 “Employment of special categories of employees” for interesting questions and discussions!

WatersOAG Round Table Photo Report – Audits by State Labor Inspectorate (Russia).

The WatersOAG round table held September 22, 2017 focused on audits by the Russian State Labor Inspectorate – what the employer needs to know.

Participants were leaders  in company personnel services, legal departments and human resources.

The seminar examined the process of preparation for audits by the State Labor Inspectorate, importance of correct documentation during inspections, the process of appealing orders and decisions of the State Labor Inspectorate.

WatersOAG thanks the participants for interesting and informative discussions and looks forward to seeing you at our next seminar!

Law Firm, Russia