Заключение офсетных контрактов в России

Restitution is an important legal instrument that plays a key role in regulating property relations after the transaction is declared invalid. In this new article, a Versus.Legal expert explores its nature, mechanism of action and other important issues.

The topic of the “success fee” is being actively discussed in the legal community, since the possibility of lawyers receiving remuneration for a positive outcome of a case was enshrined in legislation in 2019-2020. This approach causes mixed reactions, affecting the process of representing interests and the perception of justice. Alexander Dyatko, a lawyer at Versus.Legal, comments on the nuances of the “success fee”, helping to understand when it is beneficial and when it is undesirable, and gives practical advice on choosing a lawyer and concluding a contract.

The State Duma adopted a law that requires bloggers with more than 10,000 subscribers to register with Roskomnadzor. Unregistered bloggers will not be able to place ads, collect donations, and users will not be able to repost their publications.

In July 2024, State Duma deputies proposed to separately issue consent to the processing of personal data, excluding it from contracts and user agreements. This is done to prevent excessive data processing and minimize the risks of unauthorized access.

The divorce of Tatyana and Vladislav Bakalchukov, well-known businessmen, attracts attention due to the lack of a marriage contract and disputes over the division of business. Vladislav, who formally owns only 1% of the company, insists on an equal division of property. Oleg Ganyushin commented on this division of property.

Investing in assets abroad opens up new prospects for Russian entrepreneurs. These companies already have an established business reputation and well-established management processes. The key is to properly complete the transaction and obtain the necessary permits.

The use of artificial intelligence in business opens up new opportunities, but requires careful attention to legal issues.

Forward contracts for the supply of software for the Russian market are of interest, but require careful consideration. Such contracts provide for the purchase of software in the future under predetermined conditions, which can be beneficial for both parties. However, it is important to consider the risks associated with changes in requirements, legislation and finances. In particular, according to Alina Davletshina, flexibility in the contract is necessary to take into account changes in customer needs, as well as clear terms of payment and responsibility for possible delays or product discrepancies.

In Balashikha, a dispute broke out over the termination of the legal services agreement. The client paid for the legal services, but the desired result was not achieved. Whose side will the trial be on?

The number of patent applications from Russian applicants in the first quarter of 2024 increased by 11.5% compared to the same period last year. This growth is due to the active work of Russian companies under sanctions, an increase in the number of companies entering marketplaces, and an increase in the number of business support programs that facilitate the registration of intellectual property. Ksenia Rud noted that there is also an improvement in the quality of identifying protectable intellectual property in universities, foundations and research institutes.

The company, which was part of Heiniken, was denied registration of the “Black Sheep” trademark, used to produce beer. Experts recommend registering brands immediately when used to avoid such situations. Possible options for the development of the case include winning the company and registering a trademark, as well as failure, in which OPH will either enter into a license agreement or have a freely usable name among other companies.

It is difficult for Russian companies to negotiate with foreign partners on the use of intellectual property due to the categorical positions of Western copyright holders. However, it is sometimes possible to achieve favorable conditions, for example, on the application of Russian law to a contract. Experts recommend avoiding specifying in licensing agreements that the introduction of anti-Russian sanctions is considered force majeure.

The dispute between VTB Bank and U-Profit arose due to an error in crediting money to the wrong company's account. As a result of lengthy legal proceedings, the Court of Appeal satisfied U-Profit's requirements and indicated that the bank should have either transferred the funds to the correct account or refused to execute the order. Experts note the importance of correctly executing bank payment orders in order to avoid such disputes.

We studied the mistakes made by companies that led to the recovery of damage in recent years, and also analyzed the procedures for calculating and recovering damage that will help the company reduce risks.

A court in St. Petersburg ordered the Ministry of Defense to conduct competitive purchases after the Arbitration Court dismissed the claim of Federal State Unitary Enterprise GUSS against the St. Petersburg Department of the Federal Antimonopoly Service. Antimonopoly officials have found that the GUSS procurement regulations violate the law on protection of competition, given more than a dozen procurement grounds that restrict competition.

Smolny plans to conclude five school concessions in 2023. The first tenders have already been announced; they have been initiated by Glavstroy-SPb and the Gazprombank structure.

“Smartavia” challenged the actions of the arbitration manager, demanding to recover 800,000 rubles from him for unreasonable expenses. Several courts rejected the airline's claims, arguing that it did not have the status of a bankruptcy creditor. The Supreme Court will hear the case on June 3, 2024. Tatyana Kolodkina believes that the courts reasonably did not suspend the proceedings, since there is no competition between the disputes under consideration, and the risk of making contradictory decisions is minimal.”