27.07.2018. How to choose the jurisdiction of a labor dispute? The decision of the Supreme Court of the Russian Federation for "Pravo.ru" comments on the junior lawyer of "STREAM" Anifat Babaeva.

Under an employment contract disputes between the employee and the employer are considered in a certain court. According to the law, an employee with whom an accident occurred at work can choose a court at his place of residence, at the place of performance of his labor duties or at the place of injury. "The choice of jurisdiction creates optimal conditions for employees and additional guarantees for their judicial protection, while the condition of the employment contract on the jurisdiction of disputes to a certain district court limits the right of the plaintiff guaranteed by Article 47 of the Constitution to access to justice and judicial protection, worsens his situation," the lawyer is sure "STREAM"Anifat Babaeva.

07.24.2018. STREAM's partner Farid Babaev commented on Rosneft's lawsuit against Kommersant to the shareholders of the consortium of the Sakhalin-1 RSP project.

Prospects of the claim largely depend on the expected geological and technological expertise. The fact that Rosneft's structures participate in the consortium can simplify the process of collecting evidence by the plaintiff. "In support of the claim, it is necessary to provide the court with an arithmetical calculation of the requirements, which would be confirmed not only by the fact of the oil flow, but also by its volume," says Mr. Babayev.

7.23.2018. Law firm "STREAM" acted as a partner of a charitable tournament "Legal Chess".

The market of legal services in many respects resembles chess - which is one division into foreign and Russian firms or the dichotomy of "legal boutiques" and companies providing a full range of services. Some firms absorb each other, others come to the field with mere beginners in the hope of winning their place under the sun. Everything is like in life, everything is like in this clever and ancient game.

Last Saturday, July 21, the Novotel conference hall in Moscow City attracted more than 100 lawyers, experienced in chess art, their friends and children at the Chess Chess tournament. The event was not only entertaining, but also philanthropic - the contribution of each participant was transferred directly to the charity fund "Give Life", an old partner of the project. Participants were divided into 5 groups (depending on age and own level) and at 11.00 the tournament started.

The honored guest of the tournament was the famous Russian chess player Alexander Morozevich - grandmaster, two-time champion of Russia, Moscow champion, three-time winner of the World Chess Olympiads, two-time winner of the European championship team and the owner of other equally notorious titles.

STREAM Law Firm acted as a partner of the project, and its leaders Salimkhan Ahmedov and Farid Babayev took part in the tournament - both as spectators and as players. Strong lawyers are not alien to delicate intellectual entertainments and complex logical tasks - after all, in chess, as in the legal profession, much is based on tactics, time and imagination. As one of the great ones said: "In chess, the main thing is imagination. You know where you're going. But, except for you, no one knows. "

7.23.2018. SUPREME COURT WITHOUT OBLIGATIONS OF UNCERTAINTY. COMMENTARY OF THE LAWYER "STREAM" EVGENY KLEMENTEV FOR "PRAVO.RU".

"Banks often include the terms of guarantee contracts for its functioning until the debt is fully repaid, but the court practice has long established a direct ban on the establishment of such a condition (Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation of 12.07.2012 No. 429). In addition, the situation with lower courts, since the law does not contain provisions that affect the ownership of people, will affect the statute of limitations for the submission of claims to the guarantor, said lawyer STREAM Evgeny Klementyev.

16.07.2018. The Supreme Court of the Russian Federation will settle the deadlines for submitting VAT refunds, experts expect the tax officials to be conscientious. Commentary by Maria Ponomareva, Senior Lawyer of STREAM for Interfax.

The Judicial Collegium for Economic Disputes of the Supreme Court of the Russian Federation will state from what point it is necessary to count the one-year period for the presentation of VAT to be reimbursed if the circumstances of the case do not fit into the formal reading of the Tax Code of the Russian Federation. Experts hope that the court will point to the need to comply with good faith in tax administration.
This problem will be discussed by the Judicial Collegium on Economic Disputes of the Supreme Court of the Russian Federation on July 25 on the example of the conflict between Vankorneft JSC, a subsidiary of PJSC NK "Vankorneft", developing Vankor, Lodochnoye, Suzun and Tagulskoye fields, and its contractor - NPO Promavtomatika".

The cases of disputes between tax authorities and taxpayers on the issue under consideration, mostly related to the moment of calculating the time limit for filing a declaration, are often observed by Maria Ponomareva, senior lawyer of the STREAM law firm.

07.09.2018. "MINISTRIES OF IRKUTSKENERGO" LIKE ITS "EUROSIBENERGO" WITH COMPENSATION OF LOSSES. " COMMENTARY OF PARTNER "STREAM" SALIMKHAN AKHMEDOV FOR INTERFAX.

On August 7, the Arbitration Court of the Irkutsk Region postponed the consideration of the claim of the minority shareholder Irkutskenergo (included in the list of energy assets controlled by Oleg Deripaska's En + holding) on ​​August 7 to recover 1.9 million rubles from OOO Eurosibenergo-Hydrogeneration (formerly OOO " Telmamskaya HPP ", the structure of" Eurosibenergo ").

Courts sought in favor of Markov as compensation for losses of 607.5 thousand rubles. The term of the offer, which Telmamskaya HPP was supposed to expose to minority shareholders of Irkutskenergo, expired in September 2017, and a number of minority shareholders sued Eurosibenergo-Hydro-Generation for damages. The proceedings were carried out with varying success, but now the plaintiffs had a better chance of success, since on May 24 of this year, Eurosibenergo-Hydrogeneration was denied the transfer of the complaint to the judicial panel on economic disputes.

"The conclusions of the courts seem quite logical and justified," says a partner of the law firm "STREAM" Salimkhan Akhmedov. According to him, this approach is based on the principle of payment of the highest price, which is often found in judicial practice, with the aim of protecting the rights of minority shareholders as a weak side in corporate relations.

07.06.2018. REVIEW OF THE NEW DECISION OF THE PLENUM OF THE SUPREME COURT OF THE RUSSIAN FEDERATION ON THE EVAPORATION OF LARGE TRANSACTIONS AND TRANSACTIONS WITH INTERESTED FROM SALIMKHAN AKHMEDOV, STREAM PARTNER.

"Many of the provisions of the new document repeat the explanations of the RF Supreme Arbitration Court, it was not circumvented in the new document without the" duplicates "of the provisions of corporate legislation, but there are a number of fundamental innovations that should be addressed."

07.06.2018. STREAM LEGAL FIRM WILL PARTY THE CHESS TOURNAMENT «LEGAL CHESS».

Chess tournament "Legal Chess" is a charity event that unites representatives of one professional community - lawyers, as well as their colleagues, children and friends. The event is timed to the International Chess Day, which is celebrated around the world on July 20.

Project Legal Chess - fundraising: the collection of contributions takes place during online registration for the tournament, while the money directly falls on the account of the long-standing partner of the project organizers, the charity fund "Give Life". The tournament is organized at the expense of private donations and the funds of partners-law firms.

The tournament will be held on July 21, 2018 (on Saturday) at Novotel Moscow City (Moscow Conference Hall, 1st floor) at the address: Moscow, Presnenskaya embankment, 2.

07.02.2018. STREAM LEGAL FIRM PROTECTED THE INTERESTS OF JSC AZIMUTH IN DISPUTE FSUE "GOVERNMENT STATE DOCUMENTATION" TO JSC "CONCERN VKO" ALMAZ ANTEY "ABOUT THE LEGISLATION OF NEUSTON.

In February 2018, the FSUE "State Corporation for ATM" filed a lawsuit with the court to recover from the JSC "Concern VKO Almaz-Antey" a penalty for violation of the deadlines for the performance of work and delay in the fulfillment of obligations under the supply agreement in the amount of 3.5 million rubles (our the client, JSC Azimut, was involved as a third party on the defendant's side).

During the trial it was possible to prove that the debtor (JSC Concern VKO Almaz Antey) could not fulfill its obligations under circumstances that depend on the creditor. On July 2, 2018, the Moscow Arbitration Court denied the FSUE "State Corporation for ATM" to satisfy the claim in full (case No. A40-16090 / 2018).

The interests of JSC "Azimut" were represented by the lawyer of "STREAM" company Anifat Babayeva in the court-arbitration dispute.

07.02.2018. "WHEN THE DIRECTOR SHOULD RESTORE THE COMPANY OF DAMAGES." COMMENTARY OF THE LAWYER "STREAM" NADEZHDA YANOVSKY FOR "PRAVO.RU".

The holding collected from the ex-director 246 million rubles. losses: according to the company, the head has deduced this money under the guise of loans to one-day ones. The former head denied the charges. He argued that loans were issued for ordinary interest, and the main reason for the claim was a corporate conflict with a single founder. Courts in different ways answered questions on how to consider the statute of limitations and assess the integrity of the director. Their arguments were commented on by lawyers.

"The director did not take measures to return the loan," Nadezhda Yanovskaya said: "The materials in the case do not say that he filed at least one claim." In addition, if loans are not paid, the lender has the right to demand an early repayment of the remaining amount with interest in the order of Part 2 of Article 811 of the Civil Code, but the general director missed this opportunity, "Yanovskaya draws attention.

06.21.2018. 1.2 MLN ON THE WIND: LAWYERS "STREAM" PROTECTED THE COMPANY FROM THE UNACCEPTED PENALTY.

September 26, 2017 and October 30, 2017 Moscow Administrative Road Inspectorate (MADI) found that on the greenery of a Moscow courtyard, a driver parked a Toyota Camry. Having counted Avtoprestus LLC as the owner of the car and having passed the decision on recognizing him guilty of committing an administrative offense, MADI appointed a fine to the Company in the amount of 300 thousand rubles. each. Moreover, the decision of the magistrate for recognizing the Company was guilty of committing an administrative offense under Part 1 of Art. 20.25 of the Administrative Code of the Russian Federation, and the imposition of punishment in the form of an administrative fine in a double amount (600 thousand rubles).

Avtoprestus LLC did not agree with the resolution, because at the time of committing an administrative offense the company has already sold the car to an individual. Having received a copy of the resolution, the company filed a complaint with the name of the deputy head of the MADI's Office for Reviewing Applications and Appeals, but the document was not considered, and the applicant was refused to accept the repeated complaint. Avtoprestus LLC appealed to the Savyolovsky District Court of Moscow with a request to recognize as illegal both the decisions and the refusal of MADI to accept the complaint for consideration. On June 21, 2018, the court satisfied the plaintiff's demands.

The interests of Avtoprestus LLC were represented by the lawyer of STREAM, Nadezhda Yanovskaya.

06.15.2018. LAWYERS "STREAM" LEFT «MCHS» OF FORFEIT.

In May 2018, the Ministry of Emergencies of Russia applied to the Arbitration Court of Moscow with a suit against the defendant "Kaluga Telegraph Equipment Plant" (JSC "KZTA") on recovery of 1.6 million rubles of penalty for untimely fulfillment of obligations to transfer goods under a state contract (Case No. A40-97327 / 2018). The defendant did not acknowledge the claim, arguing that he delivered the goods without violating the terms, and some delay in delivery was caused by the re-issuance of commodity invoices in connection with the adjustment of the cost of delivery.

The court, having considered the case, accepted the defendant's side, drawing attention to the fact that the consignment note was not signed by the consignee in the presence of the consignor. The date of delivery of the court determined the date specified in the documents of the carrier. And since the goods were transferred within the delivery period, there are no grounds for collecting the forfeit, it was stated in the court decision of June 14, 2018.

The interests of JSC "KZTA" in court were represented by the lawyer of the company "STREAM" Evgeny Klementyev.

06.15.2018. THE RF ARMED FORCES WILL FREE BUSINESS FROM HEAR BEFORE THE TURNOVER OF TRANSACTIONS. COMMENTARY LAWYER "STREAM" NADEZHDA JANOVSKY FOR INTERFAX.

The Supreme Court of the Russian Federation prepared a draft resolution of the plenum, which should supplement the reform of corporate legislation in 2016 with explanations of the highest court regarding the contest of major transactions and related-party transactions. The document will allow bona fide businessmen to make deals without fear of subsequent challenge and fight with the withdrawal of assets, the developers consider. Experts with them almost completely agree.

As for "transcendent" transactions, or rather, the burden of their proof, they go out or do not go beyond the usual activities of society, then they are connected with "the brightest", as the lawyer of the STREAM law firm Nadezhda Yanovskaya expressed, the difference between the documents of YOU and the SC. Until now, the defendant had to prove that the contested transaction was concluded in the ordinary course of business, but now the burden of proving its extraordinaryity is proposed to be laid on the plaintiff.

06.14.2018. TO COVER OSAGO: AS EX-OWNER "ROSGOSSTRAKH" SOLD "RGS LIFE". COMMENTARY OF PARTNER "STREAM" FARID BABAEV FOR RBC.

The company "RGS Life" became the main subject of disputes between the former owners of Rosgosstrakh and the new management of the bank FC Opening. Unlike the unprofitable "Rosgosstrakh", the insurer of life "RGS Life" is profitable - its net profit in the result of 2017 amounted to 2.3 billion rubles, following the results of 2016 - 3.4 billion rubles.

At the end of May, Mikhail Zadornov, Chairman of the Board of FC Opening Bank, expressed his hope for the return of RGS Life to the bank's balance sheet, adding that in any case, Otkrytie would launch the creation of a new life insurer. Already in June, the bank controlled Rosgosstrakh filed a lawsuit against RGS Life for 116.6 billion rubles. for using the trademark, considering the unfair transaction for transferring "RGS Life" for several years the right to use the trademark "Rosgosstrakh".

In turn, Khachaturov believes that FC Opening has not fulfilled its obligations under the deal, and now he plans to resolve the dispute in court.

"If we proceed only from Khachaturov's words, then this is a sufficient basis for collecting damages; in order to collect the claimed amounts in court and to recognize the terms of the transaction as unworked," RGS Life "it is necessary to prove the size of the damages caused and the cause-and-effect relationship of their occurrence," says the partner of the legal firm "Stream" Farid Babayev. "Meanwhile, no one yet knows all the details of the treaty and the way it was concluded - it is unlikely that FC Opening would unreasonably file multibillion claims inadvertently," he adds.

06.09.2018. THE INCREASE OF THE NEUSTONIC IN A CONTRACT WITH A STATE COMPANY CAN NOT BE CONSIDERED BY THE ABUSE OF RIGHTS, THE STRUGGLE OF THE SUPREME COURT OF THE RUSSIAN FEDERATION. COMMENTARY OF PARTNER OF LAW FIRM "STREAM" SALIMKHAN AKHMEDOV FOR INTERFAX.

The RF Armed Forces abolished the ruling of the Court of Appeal, which - in the struggle for justice - took the initiative and "proportionally" lowered the penalty due to the state company. The decision of the first instance remains in force, and now the contractor (LLC NPO Tekhnograd) must pay to the customer (included in Rosatom JSC OKBM after Afrikantov) more than he earned himself.

Experts consider this approach to be absolutely correct. "The RF Armed Forces makes it clear that the procedural passivity of the party of the case undoubtedly entails negative legal consequences, and the courts of the appellate and cassational instances have allowed a departure from the fundamental principle of adversariality," says Salimkhan Ahmedov, partner of the STREAM law firm. According to him, the court's conclusion that it is impossible to arbitrarily reduce the forfeit if the person engaged in entrepreneurial activity did not apply for applying Article 333 of the Civil Code of the Russian Federation is absolutely fair and obvious.

05.06.2018. THE COURTS HAVE TRANSFERED TO THE ATTACK ON THE AFFILIATE CREDITORS IN THE CASES OF BANKRUPTCY. COMMENTARY OF PARTNER "STREAM" SALIMKHAN AKHMEDOV FOR INTERFAX.RU.

Experts say that the influence of affiliated creditors on the insolvency procedure in the interests of those who control the debtor is the biggest bankruptcy problem in Russia. There is an awareness of the need for its solution at the legislative level, but so far the Supreme Court of the Russian Federation (the Supreme Court) is the "pioneer".

In some cases - for example, in the case of the bankruptcy of former State Duma deputy Oleg Mikheev - the Supreme Court refuses to include the claims of affiliated creditors in the register and sends the case for new consideration. But there are other situations. "It is possible that the shareholder really invested personal money in an unsuccessful business in order to save him," Salimkhan Akhmedov, a partner of the STREAM law firm, describes the scenario of the conscientious conduct of the controlling person. If the shareholder's investments went to build up fixed assets, then why should all the property go to other creditors, he asks the question. According to experts, the general subordination can lead to the fact that shareholders in principle will not try to save troubled enterprises.

05.06.2018. AIRLINES OPENING THE ACCOUNT OF ROWDY. COMMENTARY OF LAWYER STREAM MARIA PONAMOREVA for "KOMMERSANT".

Today, a law has come into force that gives airlines the right to make debauchers in black lists and do not sell tickets to them for a year. The lists began to be compiled by Rossiya and Pobeda, Aeroflot already has a list of 3.5 thousand people, but experts say that the carrier can not automatically close the flights. The Transport Ministry made it clear that restrictions can soon spread to passengers of trains, as well as river and sea vessels.

However, as Maria Ponamoreva reminds, "for inclusion in new lists, airlines should have a court decision on the incident on board, which, in turn, the passenger can dispute."

01.06.2018. STREAM LAWYERS DISCUSSED 25 MILLION DAMAGES OF LOSSES PAID BY THE FAMILY DUE TO THE UNBOUNDED PAYMENT TO THE BANK GUARANTEE ANSWER.

In 2015, JSC "Kaluga Plant of Telegraphic Equipment" (JSC "KZTA") and PJSC "ZiO-Podolsk" signed a contract for the manufacture and supply of products. Later, JSC "KZTA" and PJSC "Sberbank" concluded an agreement on the provision of a bank guarantee, under which the bank assumed a guarantee of performance of JSC "KZTA" obligations under the supply agreement, undertaking to pay, at the first request of the beneficiary (PJSC "ZiO Podolsk"), any the amount not exceeding 21.1 million rubles.

In 2017, Sberbank demanded from JSC "KZTA" to repay 21.1 million rubles and interest under the contract, paid by the bank to the beneficiary. JSC "KZTA" challenged the claim in court, and during the consideration of the case it was possible to prove that the PJSC "ZiO-Podolsk" systematically violated the terms of the obligation secured by the guarantee (the obligation to give give-and-take raw materials for the production) and the payment of the amount of the bank guarantee was unreasonable.

On May 29, 2018, the Arbitration Court of the Moscow Region (case No. A41-11327 / 2018) supported the position of the STREAM lawyer Yevgeny Klementyev, recovering 21.1 million rubles of cash from PJSC ZiO-Podolsk in favor of JSC KZTA , 9 million rubles per cent for the use of other people's money.

05.28.2018. STREAM LAWYERS DISMISSED 3,6 MLN RUBLES NOT RECEIVED BY THE STUDENT FOR WORK FOR THE ARMED FORCES OF THE RUSSIAN FEDERATION.

In 2015, JSC "BPO Progress" and JSC "KZTA" signed a contract for the repair of communication equipment of the Armed Forces of the Russian Federation. Acting as a contractor, JSC "KZTA" fulfilled its obligations in the amount of 7.3 million rubles in full.

In December 2015, the customer transferred to the executor an advance payment of 50% of the required amount, without paying the remaining part of the work within the agreed 30-day period.

Interests of JSC "KZTA" in the court-arbitration dispute was represented by the lawyer of the company "STREAM" Evgeny Klementyev.

On May 24, 2018, the Arbitration Court of the Republic of Bashkortostan (case No.А07-39253 / 2017) agreed with the arguments of the STREAM lawyers, satisfying the demands of JSC "KZTA" on recovery from JSC "BPO" Progress "3.6 million rubles under the contract and 520 thousand rubles forfeit.

05.24.2018. ADMINISTRATION OF INSURANCE PAYMENTS FNS INCREASES SUITS TO COMPANIES IN SIX TIMES. COMMENTARY OF THE LAWYER "STREAM" EVGENY KLEMENTYEVA FOR "PRAVO.RU".

Administration of insurance payments of the Federal Tax Service increased claims to companies six times. Commentary of STREAM lawyer Yevgenia Klementyeva for "Pravo.Ru".

According to the research "Pravo.ru", for the first time in four years, the largest category of disputes in arbitration courts were cases on recovery of mandatory payments and sanctions on judicial orders to the Pension Fund. They accounted for 15.7% of all registered claims. Such a surge is associated with the transfer of payments under the administration of the Federal Tax Service.

As lawyer STREAM Evgeny Klementyev explained to Pravo.ru, this trend is not surprising, since arbitration courts were given the opportunity to review cases in order of legal proceedings only from June 2016. "As the practice of the courts of general jurisdiction has shown, decree production is an efficient way of collecting indisputable debts, which makes it much easier and faster to collect mandatory payments and sanctions." In many cases, the requirements for mandatory payments and sanctions do not exceed the amount of 100,000 rubles. At the same time, the decision taken in the order of the orderly production is simultaneously an executive document, which simplifies the procedure for the authorized bodies to receive the funds in the funds ial payments ", - said the lawyer.

05.21.2018. "STREAM ALLIANCE" - IN THE IV GROUP ON THE RESULTS OF THE RATING OF LITERATORS-2018, HOLDED BY LAW.RU.

05.21.2018. "STREAM ALLIANCE" - IN THE IV GROUP ON THE RESULTS OF THE RATING OF LITERATORS-2018, HOLDED BY LAW.RU.

According to the results of the market research of legal lawyers, "STREAM Alliance" became one of the leading law firms on the parameters "the largest number of arbitration cases in 2017", "success in courts" (winrate, ie the number of cases won by the firm) and " total amount of claims ".

The rating of the list is held for the second time. It was attended by 53 law firms that provided editorial offices of "Pravo.ru" with information on 2,551 arbitration cases in which they took part in 2017. Compared to the previous year, the number of companies increased more than 2 times, 80% more cases were investigated (without taking into account bankruptcies). As a result, law firms were divided into five groups.

04.24.2018. SENIOR LAWYER "STREAM" MARIA PONAMOREVA COMPLETED THE SITUATION WITH NEW SANCTIONS FOR BUSINESS NEWSPAPER "KOMMERSANT".

The GAZ group, Oleg Deripaska, who got under the US sanctions, signed an agreement with "Azermash" about the creation of a local assembly of cars in Azerbaijan with a capacity of up to 1 thousand cars a year. In the medium term, according to Kommersant, the Russian company expects to occupy 50% of the country's commercial vehicle market. While this market is small - in 2017 only 525 cars were sold. According to experts, due to good logistics, the site can become a starting point for deliveries to Kazakhstan, Uzbekistan and Turkmenistan. But the Azerbaijani partners of GAZ together with the project get the risk of problems with the US.

Senior Lawyer of Stream Alliance, Maria Ponomareva, notes that for the Azerbaijani side, cooperation with the GAZ Group creates a threat of falling under American sanctions as counterparts. Thus, Azermash may face a ban on receiving any financial services in the US and raising funds in US banks.

04.05.2018. PARTNER OF THE COMPANY FARID BABAEV COMMENTS THE "PROPRIETOR" TO THE INITIATIVE OF RUSNANO AND HEVEL ON THE DEVELOPMENT OF GENERATION OF RENEWABLE ENERGY SOURCES IN ISOLATED ENERGYZONS BY THE MECHANISM OF CONCESSION AGREEMENTS.

For the development of green energy in isolated zones, "Hevel" and "Rosnano" suggest using a mechanism of concessions with regional authorities. The key idea of ​​investors is to oblige the regions to prescribe long-term investment tariffs in the concession agreements for the payback period of green energy projects, the guarantee of local authorities on the level of payments, and also to allow the transfer of green generation to bank loans. Lawyers note that as a whole, the basis of legislation for concessions already exists and make the necessary changes in the lobbying of "Rosnano" should not be difficult.

The partner of the Stream company, Farid Babayev, in general, positively assesses the proposals of Rosnano, noting that "the legislation contains a basis for carrying out such projects, but additions may be required, since the principles of the concession agreement are already provided for." According to the lawyer, there are regulations that allow creating special economic zones, and he does not see any difficulty in making additions to the laws if necessary. Rosnano, which represents the interests of the state, can initiate such changes, says Babayev. "If there are potential investors and an investment program for the coming years, I think the project is quite viable," he concludes.

04.02.2018. PARTNER OF LAW FIRM STREAM FARID BABAYEV INCLUDED IN INDIVIDUAL RATING OF LAWYERS OF RATING OF PUBLISHING HOUSE "KOMMERSANT" ON THE DIRECTION OF "ENERGETICS AND RAW MATERIAL RESOURCES".

03.13.2018. SENIOR LAWYER OF "STREAM" FIRM MARIA PONAMOREVA COMPLETED FOR "LAW. RU" ARTICLE ON NEW AGREEMENTS IN THE CIVIL CODE.

The Ministry of Economic Development announces the beginning of the drafting of the bill, which creates conditions for the conclusion of contracts on the principle of "take or pay" (take or pay). The relevant information was published on the Federal Portal for Draft Normative and Legal Acts.

"The Ministry of Economic Development has started drafting a bill, in accordance with which in the Civil Coke will be supplemented by contractual arrangements" take or pay "(take or pay). assumes the obligation to bring to the maximum volumes fixed in the contract, and the Buyer undertakes in any case to pay a certain part of these volumes, on the basis of how much it actually bought in the agreed period. Cancel the "take-or-pay" security assessment: it minimizes the risks of the supplier, the telecommunications service provider. The Ministry of Economic Development has not yet published the text. This is related later."

03.01.2018. FIRM "STREAM" GOT IN THE "SYMPATY RATING" PRAVO.RU-2017.

"Pravo.ru" announced the result of the "Rating of Sympathy-2017". At the heart of the rating is not feedback from clients, but evaluations of fellow consultants. In 19 branches of law, leading companies are named that enjoy the greatest confidence among their colleagues.

02.28.2018. SENIOR LAWYER OF "STREAM" FIRM MARIA PONAMOREVA COMMENTS FOR THE "COMMERCIAL" THE DECISION OF THE MERIA RESOLVING TO CONDUCT GENERAL MEETINGS OF OWNERS OF ACCOMMODATION IN THE INTERNET ON THE BASIS OF "ACTIVE CITIZEN".

Voting on the Internet will be five-day, they are forbidden to issue questions with misspellings and obscene lexicon. Experts pay attention to the fact that the administrator of the city, collecting applications and leading minutes of meetings, will become the structure of the city mayor's office.

Maria Ponamoreva, senior lawyer of the law firm Stream, draws attention to the fact that the "Active citizen" offers a non-alternative administrator of the system and this is the structure of the city mayor's office. "It turns out, from the principle of self-organization, we turn to the authorities' control over holding meetings," she says. "Owners are deprived of the choice of a trustee," says Mr. Yushin, who, incidentally, adds that urban residents can use other information systems for voting. And Mrs. Ponamoreva does not exclude that many tenants "the state administrator of the system will cause more confidence, because he checks the terms, the availability of citizens in the register of owners, the quorum and other issues."

01.31.2018. SENIOR LAWYER "STREAM" MARIA PONAMOREVA COMMENTS ON THE SITUATION OF THE "SILENCE MACHINES" AND "TECHNOPROMEXPORT" SITUATION FOR THE "COMMERCIAL".

The US again expanded its "Russian" sanctions list (SDN, Specially Designated Nationals List.- "Kommersant"), including in it companies and individuals involved in the supply of Siemens gas turbines to the Crimea. In this number, all those who were added to the EU sanctions list last year fell into this number. But to the EU blacklist, Washington added the machine building company Alexei Mordashov "Power Machines": it is its joint venture with Siemens that produces such turbines in Russia. However, lawyers believe that US sanctions will not interfere with the work of this joint venture, unless following the US sanctions on "Power Machines" will not impose and Brussels.

Maria Ponamoreva, Senior Lawyer of the Stream company, says that US sanctions do not impose a direct ban on European Siemens to work with Power Machines: blacklisting the US means that it is forbidden to American people to cooperate with Russian people. "But if the EU also imposes sanctions against Power Machines, then, of course, this will affect the interaction of companies. However, I do not exclude that in the agreement of Siemens with the "Power Machines" on the JV there is a sanction clause, which stipulates the occurrence of certain consequences for the parties, for example, that the introduction of sanctions is the basis for the dissolution of the partnership, "adds Mrs. Ponamoreva.

01.26.2018. "THE JUDICIAL SYSTEM IS PREPARING FOR TWO GREAT REFORMS". PARTNER "STREAM" SALIMKHAN AKHMEDOV GAVE COMMENT "Rossiyskaya Gazeta".

"The creation of the district courts of appeal and cassation courts, on the one hand will allow for gradual ascent cases forensic vertically by analogy with the arbitration process, but there is another side to the coin which is worrying -. To ensure access to justice, taking into account the geography of the country may be the Supreme court expects that the accessibility of justice will be provided by the introduction and development of electronic technology in the justice sector ", - says Salimkhan Akhmedov.

01.23.2018. SENIOR LAWYER "STREAM" MARIA PONAMOREVA COMMENTS FOR "COMMERCIAL" THE INITIATIVES OF THE PUBLIC CHAMBER OF MOSCOW TO CONDUCT GENERAL MEETINGS OF OWNERS OF ACCOMMODATION IN THE INTERNET, ON THE BASIS OF "ACTIVE CITIZEN".

In the Public Chamber (OP) of Moscow, it is proposed to hold general meetings of owners on the Internet, on the basis of the "Active Citizen". The Chamber believes that citizens are more able to manage houses more efficiently, because it is problematic to get a quorum for full-time meetings. Metropolitan Mayor Sergei Sobyanin approved the idea, but said that before the vote on the Internet tenants still have to get together in person.

Maria Ponamoreva, senior lawyer of the STREAM law firm, calls e-voices "suitable format", but does not fully understand how it will function in practice: "We need to determine the agenda, notify the tenants in advance about it, adhere to it at the meeting, identify the person responsible for counting votes ", - lists Mrs. Ponamoreva. At the same time, the expert doubts whether it is possible in principle to "unload" the results of meetings in a suitable protocol and "how then to understand him on how to vote in a certain apartment".

01.17.2018. THE SUPREME COURT EXPLAINED, IN WHAT EVENTS, THE QUESTIONS OF THIRD PARTY ACTIONS MAY FEEL. LAWYER "STREAM" EVGENY KLEMENTYEV COMMENTS FOR LAWFIRM.

The judge Razumov I.V. handed to the Supreme Court of the Russian Federation a bankruptcy case on the issue of challenging transactions for the transfer of funds by the debtor to a third party on the eve of bankruptcy.

"If we proceed from the meaning of the provisions of Article 61.1 of the Federal Law" On Bankruptcy ", and also of Plenum No. 63 of December 23, 2010" On certain issues related to the application of Chapter III.1 of the Federal Law "On Insolvency (Bankruptcy)", see that the law does not set a specific list of transactions that can be challenged in the framework of the bankruptcy case.

Now, the Supreme Court in its Decree No. 305-ES 17-12763 of December 18, 2017 indicated that within the framework of a bankruptcy case, it is possible to challenge not only the debtor's transactions, but also transactions of the debtor's subsidiaries, including decisions of the management bodies of the debtor's subsidiary company, which had previously been repeatedly perceived by the courts as an improper way to protect the law, since such actions are challenged in accordance with the provisions of Chapter 28.1 of the APC of the Russian Federation, as well as the legislation on LLCs and JSCs, "says Eugeny.

01.10.2018. "LEGALLY AND QUICKLY: OWNERS OF APARTMENTS CAN CHANGE THE UNDECORATIVE MOVE WITHOUT THE COURT." SENIOR LAWYER "STREAM" MARIA PONAMOREVA COMMENTS FOR "VESTI.NEDVIZHIMOST".

Owners of apartment buildings received a legal pre-trial opportunity to refuse to work with management companies in the event of gross violations by the latter. Corresponding amendments to the Housing Code officially came into force, Rossiyskaya Gazeta reports.

Now, to change the Criminal Code, residents do not need to go to court any more; The removal of the house from the management of an unscrupulous Criminal Code will take place upon the decision of the Housing Inspectorate. The company can remain as without a part of the houses, where it committed gross violations, and all the housing stock in its management.

"If there are any disagreements with the administrative decision, the tenants or the management company will be able to challenge the court, which provides additional ways to guarantee the protection of rights," adds Maria Ponomareva, senior lawyer of the STREAM law firm. In addition, the very procedure for changing management companies will become easier and faster, the lawyer believes. Previously, to replace the management company, residents at the general meeting took an appropriate decision by voting. "The main problem was that the residents had to gather together, correctly determine the agenda and regulations, and citizens legally unqualified in this matter, if the voting results were incorrectly drafted, such documents could be disputed," Maria says.