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LOCATION OF REGISTRATION FOREIGNERS

For the time being, foreigners  may continue to register themselves at the legal address of the entity that invited them. Earlier, Russian courts issued fines to foreign visitors that did not register at the factual place of their residence. The Constitutional Court of the RF has decided on July 19, 2017 that this is contrary to the law and that further legislation must be enacted to clarify where foreigners must register.

If you wish to know more on the subject, or if you were faced with a fine, we will be happy to advise you in more detail. Please follow the contact link >> 

 

SPECIAL REGISTRATION REQUIREMENTS DURING FIFA FOOTBALL CUPS RUSSIA

Are you planning to visit the FIFA Confederations Cup 2017 or the FIFA World Cup 2018 in Russia?
Or are you visiting Russia for other purposes? Then please check carefully:

Special visa registration rules will apply to any foreigners visiting:

- the cities where the Confederations Cup will be held (Kazan, Moscow, St. Petersburg and Sochi)
- in the period from 01 June - 12 July 2017
and
- the cities where the World Cup will be held (Volgograd, Yekaterinburg, Kazan, Kaliningrad, Moscow, Nizhny Novgorod, Rostov-on-Don, Samara, St. Petersburg, Saransk and, Sochi).

- in the period from 25 May – 25 July 2018

According to these rules foreign citizens must register with the migration authorities within 1 day upon arrival in the place of their stay, if this is mentioned in the list. If a foreigner stays in a place which is not listed, the special rule does not apply. In that case the normal rule applies which requires registration within 3 days.

These special rules were issued by the President of the Russian Federation in Decree No. 202 dated 09 May 2017. Since there are no clarifications in the decree as to which foreign citizens are targeted, it is recommended that all foreign citizens, including Highly Qualified Specialists, citizens of the EEU countries and all others comply.

 

We will be happy to assist you with proper registration under the conditions of these unusual changes.

 

NEW RULES ON SALARY PAYMENT

As per 3 October, 2016 new legislation on the terms of salary payment entered into force.

Salary payments must be made no later than 15 days from the end of the period for which they were calculated. For example, the advance payment for October shall be made no later than October 30 and the rest payment no later than November 15.

Please note that it is required to stipulate the exact dates of payment. It is not acceptable to indicate a period of payment, for instance between day 10 and 15. The exact dates must be stated both in the employment agreement and in internal labor regulations.

The penalties for delay of payments have been increased by 100%. An employer will now face  a penalty  of 1/150 of the main interest rate of the Russian Central Bank for each day of delay. Additionally the employer may get a fine of max. 50,000 rubles.

Please check whether these new rules have been implemented properly. Your employees may challenge salary payments for one year from the moment they have become aware of the violation. 

 

DATA LOCALISATION LAW IN FORCE FROM 1 SEPTEMBER 2015

Recent Law Nr. 242- FZ has made some important changes to Federal Law No. 152-FZ ‘‘On Personal Data’’. It provides that personal data of Russian citizens must be stored in databases that are located on the territory of the Russian Federation. The law is effective from September 2015, and not 2016 as was expected before.

The new requirements apply not only to Russian data operators but also to foreign operators with activities directed to Russia. This might be assumed for instance when a website is in Russian and companies target Russian customers.

Moreover, the definition of an operator is very broad: “a legal entity or individual who, independently or in cooperation with other entities, organizes and/or processes personal data as well as determines the purposes and scope of personal data processing’’ (Article 3 of the Personal Data Law).  Organizing and processing is explained as recording, systematizing, accumulating, storing, processing and retrieving data.

The main points of the new law are as follows:

- Data operators must not only notify the Data Protection Authority (Roskomnadzor) that they are handling personal data of Russian citizens (existing requirement), but also inform on the location of servers with databases containing personal data of Russia citizens.

- There will be a register of the violators of the rights of data subjects. The name of a violator will be published in the register when a Russian court order is obtained

- Access to datasites can be restricted, and a website may be blocked, upon request of the data subject or of enforcement authorities, and following a final court order.

There have already been a few cases where websites have actually been blocked.

The law is however broad and it is still unclear how it will be interpreted. It is recommended to carefully consider any need for action with reference to this law.

 

RE-REGISTRATION OF RO'S AND BO'S BEFORE APRIL 2015

The authority to register Representative Offices ("RO's") and Branch Offices ("BO's") has been transferred from the Chamber of Commerce and State Registration Chamber to the Interregional Tax Inspectorate Nr. 47 of Moscow as per 01-01-2015. This implies that all existing RO's and BO's must re-register. The deadline is close. Therefore please contact us for more information.

 

OBLIGATORY MEDICAL INSURANCE FROM 12.12.2014

Changes in labour legislation!

From December 12, 2014 all foreign employees, who work in Russia should have a medical insurance policy. The alternative is that the employer concludes an agreement with a medical organization to provide his employees paid medical services.

 

EXECUTION OF A FOREIGN LEGAL JUDGEMENT IN RUSSIA

Juralink has been succesfull in getting a judgement from a Dutch court recognized in Russia. On behalf of a Dutch creditor, we started a procedure for recognition of the foreign judgement (exequator-procedure) in a Russian court. We provided all documentation and pleaded the case in Russian court. As the court hearings were outside Moscow, we made use of the option to appear and plead by means of teleconferencing (skype). The Russian court recognized the foreign judgement and allowed it to be executed in Russia.

Are you interested in the possibilities? Please feel free to contact us. Some general facts are below.

 
Execution of foreign judgments and arbitral awards in Russia
Decisions taken by legal or arbitral authority, which are not within the jurisdiction of the Russian Federation, can be executed in the territory of the Russia by force only if such decision will be recognized by the Russian judicial authority. Russian legislation establishes a set of procedures and conditions, for the recognition and enforcement of foreign judgments and arbitral awards.
One of the grounds on which a Russian court may refuse to recognise and enforce foreign judgments and arbitral awards, is a conflict with public policy of the Russian Federation. Unfortunately, the concept of “public policy” is not disclosed by the Russian legislator, despite its importance. As a result, in practice, problems arise as to its application and interpretation. Defendants often refer to “conflict with public policy” in foreign judgments and arbitral awards. They often consider any discrepancy between the law of the country Court or the applicable law and the law of the Russian Federation as a conflict with public policy.
The Supreme Arbitration Court of the Russian Federation has reviewed the current judicial practice and gave the appropriate clarification on the interpretation and application of the term “public policy” by the courts. For instance, the Supreme Arbitration Court of the Russian Federation clarifies the need of providing substantiated evidence on objections with respect to execution of foreign judgments and arbitral awards. In addition, it pointed out: mere absence in Russian law of a full analogue of some foreign institute of law, when there is overall compliance with the basics of Russian law and order, cannot be a basis for application of the exception of public policy and refusal to enforce foreign judgments and arbitral awards, etc.
Information Letter of the Supreme Arbitration Court of the Russian Federation Presidium dd 26.02.2013 No 156 “Practice review of consideration by courts of arbitration cases on the application of the public policy as grounds for refusing recognition and enforcement of foreign judgments and arbitral awards”.