News

The second edition of the monograph edited by Dr. Gerhard Schlitt and Dr. Gabriel Mueller "A statutory share in inheritance: practical guide" (Schlitt/Müller, Handbuch Pflichtteilsrecht, 2^nd edition, C.H. Beck-Verlag, 2017), has been recently published in a leading German publishing house for legal literature C.H. Beck. The book is devoted to German and international inheritance law, in particular, to legal regulation of statutory share of successor in inheritance. 

From November 1, 2017, the arbitral tribunals (treteyskiye sudy) that failed to obtain the permission from the Government of the Russian Federation will no longer be allowed to hear disputes. Introduction of the authorization-based order of granting the right to establish institutional arbitral tribunalsis aimed at achievingone of the main objectives of the non-government arbitration reform in Russia, namely, combatting "puppet" arbitral tribunals, enhancing trust to arbitration and improving its quality.

In 2016, the rules for determining cadastral value changed. The changes consisted, on the one hand, in the suspension of provisions of the Federal Law “On Appraisal Activities” that previously regulated the procedure for state cadastral appraisal (hereinafter, SCA), and, on the other, of the adoption of the Federal Law “On State Cadastral Appraisal”.

By his Order No. 202 dated May 9, 2017, the President of Russia introduced enhanced security measures for the period of the FIFA Confederation Cup Russia 2017 and FIFA World Cup Russia 2018. These measures include, among others, rigorous migration registration rules for foreign nationals visiting the Host Cities during these periods.

Mosgo & Partners advised SARIA, a major service provider in the sphere of re-cycling of bio-organics, livestock and by-products from the meat and fish industries, in a multi-million agreement with the Government of the Moscow Region.

Controlled bankruptcy, where the affiliates of the bankrupt debtor appoint a liquidator and determine the fate of voting within the framework of bankruptcy proceedings, is one of the dangers awaiting the debtor’s independent creditors. In controlled bankruptcies, no small part goes to the practice of accumulating real debts in the hands of the debtor’s affiliates, including where the founder had extended loans to the debtor company, which eventually formed the major part of creditor claims in bankruptcy.

In the Mosgo and Partners Newsletter of 15 November 2016, we stated that all Russian companies must identify their beneficial owners, i.e., the individuals who ultimately directly or indirectly own more than 25% of the charter capital of the legal entity in question or can other wise exercise control over its actions.

Russian legislation and court practice have developed a new method of forcing debtors to execute judgments on specific performance – namely, judicial forfeit, or, how scholars call it – astreinte, which is paid to the creditor (claimant).

What is astreinte, in which cases can it be requested and what are the real sums that courts tend to award? Please see the answers to these questions in our newsletter below.

When buying immovable property or shares in a company from an individual in Russia, one should take into account the potential rights of the seller’s spouse. Spouses in Russia have common ownership to any assets acquired by either of them while married (unless they have a marriage contract that provides otherwise).