Changes have been made to the mechanism for concluding concession agreements, PPP/MPP agreements. The new norms provide for the possibility of granting the right to use subsoil to legal entities without holding an auction. The conditions for the financial participation of the concessionaire and the creation of three forms of such participation are also determined. In addition, the law provides for holding open tenders in electronic form for the conclusion of concession agreements. See Federal Law No. 296-FZ of 10 July 2023 “On Amendments to Certain Legislative Acts of the Russian Federation”.
The critical information infrastructure of the Russian Federation includes information systems in the field of state registration of rights to real estate and transactions with it. See Federal Law No. 312-FZ of 10 July 2023 “On Amendments to Article 2 of the Federal Law “On the Security of the Critical Information Infrastructure of the Russian Federation”.
The features of the operation of autonomous water transport vessels are determined, which are divided into semi-autonomous and fully autonomous. Each vessel will be assigned a unique identifier identifying its nationality and owner. The federal law provides for the possibility to conclude contracts for the carriage of goods by sea in electronic form, as well as draw up bills of lading, waybills and other documents in electronic form. See Federal Law No. 294-FZ of 10 July 2023 “On Amendments to Certain Legislative Acts of the Russian Federation”.
Russia has joined the Framework Agreement on the Facilitation of Cross-Border Paperless Trade in the Asia-Pacific Region. This law aims to develop cross-border paperless trade by establishing the mutual recognition of trade documents and data in electronic form and their exchange across borders. See Federal Law No. 288-FZ dated 10 July 2023 “On the Accession of the Russian Federation to the Framework Agreement on Facilitation of Procedures for Cross-Border Paperless Trade in the Asia-Pacific Region”.
The Constitutional Court of the Russian Federation recognized the right of an employee to severance pay, provided for in the agreement of the parties upon dismissal. The court considered that even if such a payment is not provided for in the Labor Code of the Russian Federation upon dismissal, the employer is obliged to pay the allowance provided for in the agreement based on the principle of freedom of contract. See: Decree of the Constitutional Court of the Russian Federation of 13 July 2023 No. 40-P “On the case of checking the constitutionality of the eighth part of Article 178 of the Labor Code of the Russian Federation in connection with the complaint of citizen N. F. Nesterenko.”
Amendments have been made to the Tax Code of the Russian Federation that specify the procedure for taxing participants in an investment partnership agreement. The procedure for determining and distributing profit (loss) between participants, the algorithm for determining the participant's share in profit, the procedure for taxation upon withdrawal of a participant or termination of the contract are specified. See: Federal Law of 10 July 2023 No. 318-FZ “On Amendments to Article 24.1 Part 1 and Art. 278.2 part 2 of the Tax Code of the Russian Federation”.
The Government of the Russian Federation is going to approve a list of countries, credit institutions and brokers from which will be allowed to participate in organized trading in foreign currency, derivative financial instruments. See: Federal Law No. 315-FZ of 10 July 2023 “On Amendments to Article 16 of the Federal Law “On Organized Trading” and the Federal Law “On Combating the Misuse of Insider Information and Market Manipulation and on Amendments to Certain Legislative Acts of the Russian Federation”