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Overview of the legislation for April-May 2023

22 мая 2023
107

Overview of the legislation for April-May 2023:

1. 52 administrative procedures in the field of construction have been cancelled, reducing the list of documents, materials, and approvals required by developers or technical customers for construction from 751 to 699 positions. See Resolution of the Government of the Russian Federation of April 30, 2023, No. 689.

2. The Government has been granted the authority to issue temporary permits for non-application of retaliatory sanctions against Ukrainian individuals and legal entities. It is worth noting that special economic measures were introduced by Russia in 2018 and involve freezing the assets of 322 Ukrainians and 68 Ukrainian companies in Russia and prohibiting the withdrawal of money outside the country. The Presidential Decree introducing this measure applies to relationships that arose from October 22, 2018. See Presidential Decree of the Russian Federation of April 27, 2023, No. 313.

3. Remote certification of the decision of the sole participant of a legal entity and the issuance of an extract from the register of revocation of powers of attorney has been excluded from the list of notarial acts that can be performed remotely. In addition, trainee notaries are now responsible for actual damages caused by the disclosure of information about notarial acts that became known to them during their internship (rather than in accordance with the employment contract). See Federal Law of April 28, 2023, No. 145-FZ.

4. The deadline for submitting information on a leasing agreement to the Unified Federal Register of Information on Legal Entities has been clarified - three business days from the date of transfer of the leased property. In addition, information on changes to published information must be submitted to the register no later than three business days from the date of the lease agreement's amendment. See Federal Law of April 28, 2023, No. 167-FZ.

5. It is now permitted to supply oil to friendly countries under contracts with a "price ceiling" in accordance with international agreements with friendly countries (in effect as of February 1, 2023). See Presidential Decree of the Russian Federation of April 28, 2023, No. 317.

6. The Constitutional Court of the Russian Federation ruled to change the procedure for registering ownership rights to a parking space provided for in part 3 of Article 6 of the Federal Law "On Amending Part One of the Civil Code of the Russian Federation and Certain Legislative Acts of the Russian Federation," namely, the submission of an agreement of all co-owners or a decision of a general meeting. Prior to this, courts could decide to register ownership of a parking space if they found that an agreement between co-owners was impossible. See the Resolution of the Constitutional Court of the Russian Federation dated 18.04.2023 No. 18-P.

7. The President of the Russian Federation signed the new Citizenship Act, which provides for 5 grounds for acquiring Russian citizenship, as well as expands the list of categories of persons who can obtain Russian citizenship in a simplified manner. The institution of restoration of citizenship has been abolished, and the concept of multiple citizenship has been introduced. See Federal Law of 28.04.2023 No. 138-FZ "On Citizenship of the Russian Federation."

8. Clarifications have been given that disclose the content of evasion from conscription for military service and alternative civilian service, which entails criminal liability. Evasion from conscription means failure to appear without valid reason for medical examination, psychological testing, and the meeting of the draft board, as well as failure to appear at the time and place specified in the summons for transportation to the place of service. See the Plenum of the Supreme Court of the Russian Federation in Resolution No. 12 of 18.05.2023.

9. The Constitutional Court of the Russian Federation has determined that paragraph 1 of Article 250 of the Civil Code of the Russian Federation contradicts the Constitution, since it contains uncertainty in the implementation of co-owners' preferential right to purchase a share in the event of its sale at auctions within the framework of bankruptcy. Until the law is amended, the share at auctions should be sold with the observance of the corresponding guarantees. See the Resolution of the Constitutional Court of the Russian Federation of 16.05.2023 No. 23-P.

10. By the Decree of the President of the Russian Federation dated May 10, 2023, No. 336, the ban on flights to Georgia has been lifted. See the Decree of the President of the Russian Federation dated 10.05.2023 No. 336.

11. On May 18, 2023, the President of the Russian Federation instructed to set a limit of 1 billion US dollars for the purchase of foreign currency for foreign transactions. See the List of Instructions Following the Meeting on Economic Issues (approved by the President of the Russian Federation on 18.05.2023 No. Pr-1011).

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