Garant.ru - Independent guarantee appeared in the civil law recently – from June 1, 2015 (p. 33-46 article 1 the Federal law of March 8, 2015, No. 42-Federal Law "On amendments to the Civil code of the Russian Federation"). Prior to that, the civil code employed the concept of "Bank guarantee". In general, the new tool does not differ from the former, with one exception – not only banks are allowed to issue such a guarantee but also other commercial organizations (paragraph 3 of article 368 of Civil Code of the Russian Federation).

Anna Afanasyeva commented on this innovation.

 

Today the results of annual legal market research held by Chambers and Partners - Chambers Europe 2016 - have been released.

The state Duma rejected the proposal of the Cabinet of Ministers to oblige online retailers and services to provide their customers with paper checks.
This novel is removed from the amendments to the law "Of application of cash machines" which have been alrready adopted in the first reading. However, now  online retailers are concerned about the prospect of online conveying data to FTS. They propose to obtain such data from banks and not through cash. In the alternative, merchants have little chance to get in the act, experts say.
Stanislav Vivchar, head of Khrenov & Parnters in Krasnodar, commenttd on the situation.

The Government Accountability Office has prepared a review of the procurement of government and state-owned companies over the past year. The conclusion is not encouraging: enterprises do not follow even their own provisions, which are contrary to the law, and talks about the necessary tightening still remain on the surface. Experts are discussing if there is a way out of the vicious circle.
Mikhail Budashevsky commented on the situation.

The Ministry of economic development has prepared amendments to the law "On joint stock companies", aimed not only at simplifying the approval of interested-party transactions, but also at more complex contestation for shareholders. The initiative seems very controversial to the experts, as it will aggrevate unenviable position of minority shareholders.

Panama Papers will make the Russians refuse from "trash" offshores. The global trend to discredit such jurisdictions will also contribute to the success of  deoffshorization programme conducted by Ministry of Finance.
Khrenov & Partners lawyer Alexander Kostin commented on prospects for the Russians and their offshores after publication of Panama Papers.

Anna Burdina commented on one of family disputes cases - the distribution of debt obligations between spouses.

The main point which you should pay attention to in these cases is purpose of such loan in marriage. "If the credit was taken for the needs of one of spouses, for example, expensive mobile phone or a piece of jewelry, in any case, debt is responsible directly to the spouse, who processed the loan. Accordingly, when the division of asstes upon divorce takes place, this debt cannot be considered to be joint, as it is in the case of recovery of this debt from the credit organization", — says the lawyer of "Khrenov and partners" Anna Burdina.


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Today Kommerstant has announced the results of its annual legal firms ranking.
Khrenov & Partnres took leading places in the ranking.