GAR Know-How: Commercial Arbitration 2023 - Russia | by Evgeny Raschevsky, Vladimir Talanov, Natalia Soldatenkova and Yana Bagrova

EPAM International Arbitration and Litigation team including Practice Head Evgeny Raschevsky, Counsel Vladimir Talanov, Associates Natalia Soldatenkova and Yana Bagrova exclusively co-authored the Russia’s chapter for the GAR Know-how: Commercial Arbitration 2023.

Presidential Decree on Suspension of Double Taxation Treaties with 38 Countries Published

Presidential Decree No. 585 “On Suspension by Russia of Certain Provisions of Russia’s International Treaties on Taxation Matters” (the Decree) was published on 8 August 2023. This Decree represents a natural development of the initiative announced by the Ministry of Finance and the Ministry of Foreign Affairs of Russia to unilaterally suspend Double Taxation Treaties (the DTT, the Treaty) in response to the European Union’s decision to place Russia on the list of jurisdictions that do not cooperate with the EU on taxation matters.

Sweeping Changes in the Russian Tax Code

On 21 July 2023, the State Duma of the Russian Federation (the State Duma) passed in its third reading bill No. 369931-8, implementing the key areas of the fiscal policy for 2023 and the target period. The proposed amendments are systemic and stipulate changes to 30 chapters of the Tax Code of the Russian Federation (the Russian Tax Code). The key amendments are summarised below.

Statistics of Lawsuits for Damages Against Top Managers for 2022

On 19 April 2023, the Judicial Department of the Russian Supreme Court published court statistics for 2022. According to the statistics, the amount of damages recovered from top managers has grown more than 10 times, while the number of lawsuits filed and claims sustained remains the same. Specifically, in 2022, more than RUB 165bn was recovered in damages (versus RUB 3.8bn in 2021 and less than RUB 1bn in 2020).

Key Provisions of the Case Law Overview Regarding Unauthorised Construction

The last year was memorable in terms of construction law as on 16 November 2022, the Presidium of the Supreme Court approved the Case Law Overview Regarding Unauthorised Construction.