Publications, Uncategorized

(RUSSIA) KEY REGULATORY ACTS AND COURT DECISIONS IN THE FIELD OF REAL ESTATE AND CONSTRUCTION (Autumn 2020)

Over the past Autumn of 2020, Russian Federation adopted several key regulatory acts and court decisions in the field of real estate and construction. The changes affected the following areas:

  1. Acquisition of rights to land plots from public ownership
  2. Building Information Modeling Issues
  3. New rules regarding fire safety
  4. Protecting tenants during “related to COVID high alert government measures”

Key changes are outlined in the attached document, which may be accessible by PDF download from the link below. Please note, that this document is available in Russian only.

20-2_Обзор-РУС_Ключевые-изменения-в-регулировании-недвижимости-осень-2020

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(Russia) Overview of Key Regulatory Acts and Court Decisions in the Field of Real Estate and Construction (Summer 2020)

Over the past summer of 2020, Russian Federation adopted several key regulatory acts and court decisions in the field of real estate and construction. The changes affected the following areas:

  • Cadastral valuation
  • Backbone infrastructure
  • Environmental assessment
  • Withdrawal and reservation of land plots
  • State ecological expertise
  • Provision of loans to members of Self-Regulatory Organizations in the field of construction

An overview of the changes, as well as key findings of judicial practice, are provided in the PDF file. To download the file follow this link 20-1_Overview (Russia)_RUS_Key changes real estate and construction summer 2020

Please note, this document is available in Russian only.

News

(Russia) Rent Reduction Opportunities Due to Coronavirus

WatersOAG Law Firm lawyers provide legal support on matters related to reduction of rental payments for the use of real estate such as offices, warehouses, store premises, etc.

Measures introduced by the Russian Federation include the following methods of payment reduction in applicable situations:

Option 1. Exercise the right to reduce rental fees without altering other conditions of the lease

Method 2. Exercise the right to delay rental payments

Method 3: Modify other conditions of lease contracts which affect rental fees

Method 4. Identify other methods to alter rental fees

WatersOAG lawyers specialize in real estate and land matters successfully helping tenants identify their rights to reduce rental payments, conduct appropriate negotiations and properly document new agreements.

How we can help:
  • Conduct legal assessment of specific situations and the possibility of applying certain measures to reduce rent in connection with the corona virus issues;
  • Determine the deadlines for applying for the relevant rental benefits;
  • Conduct negotiations with lessors;
  • Prepare letters of demand, letters of notification, draft additional amendments to lease agreements, etc.;
  • Represent tenants in court on all matters regarding rental payments.

For immediate assistance contact WatersOAG Law Firm, Ms. Olesya Galkova by phone +7.495.989.2279 or via info@watersoag.com

News, Uncategorized

(Russia) Procedure for Notifying Ministry of Internal Affairs Regarding Payment of Salaries for Highly Qualified non-Russian Personnel

In accordance with the immigration laws of the Russian Federation companies must notify, on a quarterly basis, the Ministry of Internal Affairs of execution of an obligation to pay salaries of Highly Qualified Specialists, indicating the amount of salary paid for the previous quarter.

Notifications for the first quarter of 2020 should be completed until April 30, 2020.

Notifications may be submitted directly to the Ministry of Internal Affairs or sent by registered mail via Russian Post Service.

In connection with the measures taken by the Russian Federation to counteract the spread of COVID-19 virus infection, some days in April 2020 have been declared non-working. Therefore, government agencies and post offices business hours are different from the usual, which shall be taken into account when planning the notification procedure.

Given the uncertainty surrounding the quarantine regime, we recommend that companies proceed to submit notifications in the upcoming business days.

News

(Russia) NON-Fulfillment of Commercial Contracts in Connection with Coronavirus

The governments of different countries have taken measures in connection with the threat of infection with Coronavirus. Such measures may affect the ability to fulfill obligations under commercial agreements both by your company and by your counterparties with respect to your company. So, for example, measures associated with the closure of enterprises, factories, may affect the ability to purchase and supply certain goods. Measures in connection with the transfer of employees to quarantine can slow down or suspend business processes.

The possibility of using force majeure circumstances (Article 401 of the Civil Code of Russia) or other legal instruments (Articles 416, 417, 451 of the Civil Code of Russia) in order to fully or partially refuse to fulfill obligations under a commercial contract should be assessed from the point of view of applicability to each specific obligation.

In other words, Coronavirus is not an automatic reason for terminating the contract. Otherwise, the company may receive a lawsuit in the future to recover damages.

Lawyers of WatersOAG will conduct a legal assessment of the contracts and the nature of the obligations, as well as specific circumstances that can or cannot be used as the basis for a complete or partial refusal to fulfill obligations in your case.

How can we help:
  • Assessment of commercial contracts and substance of obligations.
  • Assessment of the possibility of using Coronavirus as a circumstance for a complete or partial refusal to fulfill obligations (due to Articles 403, 416, 417 or 451 of the Civil Code of the Russian Federation) under the contract.
  • Preparation of a notice to counterparties on a complete or partial refusal to execute contracts in connection with Coronavirus.
  • Assessment of risks of refusal to execute contracts.
  • Legal assessment of positions of counterparties that violate the fulfillment of obligations referring to Coronavirus.
News

(Russia) Coronavirus related Remote Work Organization and Legal Support to Companies and Employees

Companies are concerned about possible safety of their employees when doing business under the threat of coronavirus infection.

WatersOAG  provides legal advice on the following matters:

  • Employees’ remote work organization
  • Time off,  temporary disability granting and calculation
  • Business trips (including to epidemically disadvantaged countries) organization
  • Idle time at work implementation
  • Remuneration policies evaluation and adaptation
  • Assessment of the legal consequences of certain actions of employers or employees in the face of the threat of coronavirus infection.

In case of questions on this subject, please contact WatersOAG through Mr. Eugene Shemakhansky +7.495.989.22.79 ext. 322.

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Labor Dispute – Claim Exceeding one Million Rubles Successfully Defended by WatersOAG on Behalf of Client

WatersOAG lawyers successfully defended a company in the Preobrazhensky District Court of Moscow in a dispute with a former employee who filed a lawsuit for reinstatement, recovery of salary for forced absence, emotional damages, and legal expenses. The amount of claim exceeded 1 million rubles.

The court examined the case materials prepared by the WatersOAG team. As a result, the court ruled that the dismissal was lawful and there was no violation of the employee’s labor rights. The court ruling in favor of the WatersOAG client denied the claim in full.

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Photo Report from Round Table hosted by WatersOAG on February 28, 2020

WatersOAG thanks participants of the round table held on February 28, 2020. Round table was devoted to 2020 important updates in Russian labor law, including legal aspects of digitization in employment relations.

Law Firm, Russia