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The Legal 500 Hall of Fame highlights individuals who have received constant praise by their clients for continued excellence. The Hall of Fame highlights, to clients, the law firm partners who are at the pinnacle of the profession. In Europe, Middle East and Africa, the criteria for entry is to have been recognised by The Legal 500 as one of the elite leading lawyers for seven consecutive years. These partners are highlighted below and throughout the editorial.

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Editorial

Press releases and law firm thought leadership

This page is dedicated to keeping readers informed of the latest news and thought leadership articles from law firms across the globe.

If your firm wishes to publish press releases or articles, please contact Shehab Khurshid on +44 (0) 207 396 5689 or shehab.khurshid@legalease.co.uk

 

Legal Highlights: Distressed Property: Grab It While the Crisis Lasts?

September 2015 - Real Estate & Property. Legal Developments by Goltsblat BLP.

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When a recession hits, distressed assets become a popular topic, their purchase often being seen as a good investment in times of crisis. Yet the matter is not so simple, especially when it comes to so-called distressed assets on the commercial real estate market.

Changes to Land Law May Help to Bring Life to a Slow Market

November 2014 - Real Estate & Property. Legal Developments by Goltsblat BLP.

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Author: Rustam Aliev, Partner, Real Estate and Construction, Goltsblat BLP 

Legislators seem to be pressing developers and landowners into activity by creating disincentives to keeping land off the market in the hope of finding a more attractive buyer. Proposed legal changes aim to govern public land allocation more precisely. The result could be positive for the market and bring more transparency to developers' operations.  

Successful Defense of Property Rights Boosts Confidence In Courts

October 2014 - Real Estate & Property. Legal Developments by Goltsblat BLP.

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Law-abiding companies that have operated in Russia for many years sometimes have to defend their rights to land. IKEA's victory against unscrupulous plaintiffs set a new benchmark in court practice for protecting property rights.

Land law reform: how will amendments to the Land Code affect the real estate market?

August 2014 - Real Estate & Property. Legal Developments by Pepeliaev Group.

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Natalia Stenina, Head of Land Law, Real Estate and Construction Practice, Pepeliaev Group
Ilya Machavariani, Junior Associate, Pepeliaev Group

On 23 June 2014, a federal law (the "Law") was adopted (Federal Law No. 171-FZ dated 23 July 2014 On amending the Land Code of the Russian Federation and certain items of the legislation of the Russian Federation. ) which has substantially amended and added to the current regulation of land law relationships. Because the amendments are so extensive, the date from when the law will apply has been put back to 1 March 2015. The Ministry of Economic Development and Trade developed the draft of the Law at the behest of the President himself. It also puts in place measures contained in the 'roadmap' of measures in the area of town planning and construction, which was approved by Directive No. 1336-r of the Russian Government dated 29 July 2013. The objective of the 'roadmap' was to refine the legal regulation of town-planning and improve the entrepreneurial climate in construction, in particular by cutting down administrative obstacles. The plan of measures lists federal laws which need to be adopted if the regulatory environment is to be improved and a list of administrative procedures which need to be approved in the area of construction. It also sets out other executive acts which need to be adopted in short order, such as approving urgently needed rules for land use and development.     

The State Duma has passed in the second reading a set of amendments to the Land Code


Alexey Konevsky, Partner, Pepeliaev Group

On 23 June the Federal Law No. 171-FZ "On amending the Russian Land Code and certain items of Russian legislation" was adopted to the extent of improving the procedure for state and municipally-owned land plots to be provided. This Federal Law enters into force on 1 March, 2015 except for particular provisions.    
The Draft Law was developed by the Ministry of Economic Development and Trade pursuant to the instructions of the Russian President as well as the 'roadmap' (plan of events) for refining the legal regulation of town-planning activities and improving the entrepreneurial climate in the area of construction. The roadmap was approved by Directive No. 1336-r of the Russian Government dated 29 July 2013:
The expected effective date of the amendments is 1 March 2015.

Paying tax based on the cadastral value vs. implementing the principle of a stable business...

Paying tax based on the cadastral value vs. implementing the principle of a stable business environment

Anna Krygina, Senior Associate, Pepeliaev Group

Some time ago, the Russian Constitutional Court set out the principle of a stable business environment. This principle stipulates that "for the purpose of planning its business activities, a taxpayer should be informed in a timely manner about the structure and content of his tax liabilities, so that it may take into account in good time the expenses it may incur on such business activities. It should not unexpectedly have to spend money on paying tax, creating an insurmountable obstacle to its economic freedom."

 

VEGAS LEX attends MIPIM 2014 property fair

The VEGAS LEX law firm participated in MIPIM 2014, the world's largest real estate exhibition and conference taking place on March 11-14 in Cannes, France.

Does the Russian government really need foreign investment?

February 2014 - Real Estate & Property. Legal Developments by Pepeliaev Group.

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Alexey Konevsky, Partner, Pepeliaev Group

The Russian government has set for itself improvement of the investment and business climate in the country as its primary goal. A fairly wide range of measures and efforts are being taken with this in mind, not least in cooperating with investors and the business community.
Regrettably, they are not always consistent when they put this into action. One example is the draft bill on transactions with real estate (the "Bill"), which Russia's Ministry of Economic Development published in November 2013 .
The Bill restricts real estate transactions by foreign individuals and legal entities as well as stateless persons. Russian legal entities will face similar restrictions if they are more than 50% foreign owned.
The Bill envisages that there will be a permission procedure for such persons to be able to enter into transactions with immovable property in Russia. They will have to obtain permission from a specially authorized government body if they wish to pursue a transaction aimed at gaining ownership title to or the right to use immovable property.

Amendments in laws on state registration of title and cadastral registration of real estate

The Federal Target Program "Development of a unified state system of registration of title and cadastral registration of real estate (2014 - 2019) (the "Program") prepared by the Ministry of Economic Development of the Russian Federation was approved by the Government of the Russian Federation during a meeting on October 3, 2013.

NEW LEGAL CHANGES SET TO TRANSFORM THE TENANCY MARKET

April 2013 - Real Estate & Property. Legal Developments by Pepeliaev Group.

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The Russian Supreme Commercial Court's approach to the landlord and tenant sector is marked by its balance. In its attempts to tailor its approach to the developing practice on the Russian market, the Court is trying to meet the needs of both tenants and landlords.

It is, in fact, impossible to overstate the demand for such legal developments. This is especially so among foreign tenants and landlords, who are used to being able to agree more or less any term in a contract unless it violates general legal principles.

On the 21st of March 2013 the Russian Supreme Commercial Court issued a legal opinion clarifying the legal framework of landlord-tenant relations.

SUPREME COMMERCIAL COURT CONCEDES TO BUSINESS PRACTICE AND CHANGES THE RULES FOR LEASE AGREEMENTS

March 2013 - Real Estate & Property. Legal Developments by Pepeliaev Group.

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On January 25, 2013, the Plenum of the Supreme Commercial (‘Arbitraiton') Court ruled on specific aspects of case law regarding lease disputes (Resolution of the Plenum of the Supreme Commercial (‘Arbitration') Court of Russia dated January, 25, 2013 No. 13"On amending Resolution No. 73 "On particular aspects of applying the rules of the Civil Code of the Russian Federation regarding lease agreements" dated 17 November 2011 (the "Resolution"), published on the site of the Supreme Commercial (‘Arbitration') Court of Russia at: http://www.arbitr.ru/as/pract/post_plenum/81907.html. This resolution substantially changes the established case law with respect to some issues that are crucial for commercial property in a business context.

CHANGES TO RUSSIAN CIVIL CODE: A WHOLE NEW WORLD FOR DEVELOPMENT

December 2012 - Real Estate & Property. Legal Developments by Pepeliaev Group.

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The Civil Code was initially developed in the early 1990s, but the new draft that appeared at the beginning of 2012 has been widely debated since then. After lengthy discussions the draft was approved by the State Duma in the first reading, but as the process goes forward, the reaction becomes ever more heated. Thus, endless disputes and controversies are continually arising. The next (second) hearing was postponed four times and will hopefully take place on 14 December 2012. The draft law covers civil law regulation as it currently stands across the board (corporate, real estate, contract law, tort law, IP rights, private international law, inheritance law, and so on).

INVESTING IN RUSSIAN REAL ESTATE: SURVIVING IN CHANGING A ENVIRONMENT

November 2012 - Real Estate & Property. Legal Developments by Pepeliaev Group.

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Investing in the emerging Russian market is certainly a challenge for any business: not only are the systems overcomplicated, but the rules of the game change at short notice, such is the attraction that the idea of changing the market quickly and efficiently holds for the Russian authorities. This is why regulation in itself is favoured over market practice, which is trying to chart its own narrow course through the fluid legal environment.

Russian law is often ambiguous and inconsistent when it comes to regulating the funding of construction development. Statute law provides for insufficient regulation and this lack of regulation filters down into the case law, producing interpretation that cannot be justified in commercial terms.

Russian Government Amends Expert Evaluation Procedure for Design Documents and Engineering...

June 2012 - Real Estate & Property. Legal Developments by Goltsblat BLP.

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Survey Results

Legal Update No. 361

Goltsblat BLP advises that pursuant to adoption of Federal Law No. 337-FZ dated 28 November 2011 "On Amendments to the Russian Town-planning Code and Certain Legislative Acts of the Russian Federation", a number of regulations governing expert evaluation of design documents and engineering survey results are due to take effect in May - June 2012. 

Moscow Region Sets the Sales Price for Land Owned by the Region or in

Undelimited State Ownership after 1 July 2012

Legal Update No. 352

Goltsblat BLP advises that the Moscow Region Government has adopted Resolution No. 639/16 of 2 May 2012, establishing the sales price for land plots owned by the Moscow Region or in undelimited state ownership to be sold to individuals and legal entities owning buildings, structures and facilities accommodated by these land plots (clause 1.1, article 36 of the Russian Land Code). 

Draft Amendments to the Civil Code. To what extent is it justified to stop providing...

land plots for construction under leases?

By Alexey Konevsky, Head of Real Estate and Construction Practice, Pepeliaev Group

Signs of non-use of agricultural land plots have been determined

Legal Update No. 349

Goltsblat BLP advises that the Russian Government has adopted Resolution No. 369 dated 23 April 2012, determining the following signs of non-use of land plots in consideration of the specific nature of agricultural production or other activities related to agricultural production in constituent entities of the Russian Federation:

Insuring the civil liability of companies managing and operating commercial real estate

March 2012 - Real Estate & Property. Legal Developments by Pepeliaev Group.

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Natalia Stenina, Head of the Environmental Group, Pepeliaev Group

Despite the obvious advantages for owners of commercial real estate to engage management companies, the issues inevitably arise of apportioning liability and potential risks between an owner of a building and a management company and of how to reduce down these risks. 

Land plot lease rights of owners of construction in progress

January 2012 - Real Estate & Property. Legal Developments by Goltsblat BLP.

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Legal Update No. 311

Goltsblat BLP advises of adoption of Federal Law of 12 December 2011 No. 427-FZ "On Amendment of Articles 2 and 3 of the Federal Law 'On Introduction of the Land Code of the Russian Federation'" and certain legislative acts of the Russian Federation (the Law).

More legal opportunities for withdrawing from land leases and investment contracts in Moscow and St.

January 2012 - Real Estate & Property. Legal Developments by Goltsblat BLP.

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Legal Update No. 309

Goltsblat BLP advises that Federal Law No. 427-FZ “On Amendments to Articles 2 and 3 of the Federal Law ‘On Enactment of the Russian Land Code’ and certain other Legislative Acts of the Russian Federation” (the Law) was adopted on 12 December 2012.

Amendments to the Russian Town-planning Code

January 2012 - Real Estate & Property. Legal Developments by Goltsblat BLP.

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Amendments to the Russian Town-planning Code regarding expert review of design documents, technical customer and safe operation of buildings and construction.

Legal Update No. 296

When a property should be classified as fixed assets

Property tax is levied on property treated as fixed assets for accounting purposes. However, the Russian accounting regulations (PBU 6/01) do not specify when property should be classified as fixed assets.

Simplification of the Procedures for Enforcement of a Mortgage/Pledge

Until recently, a mortgage over immovable property was in general enforced on the basis of court rulings. This tended to be a fairly time-consuming procedure. Some practising lawyers noted that the process sometimes took 1.5 to 2 years to complete.

A practical insight to cross-border Real Estate work

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