Infrastructure. Transport. PPP - Services - Infralex

Services Infrastructure. Transport. PPP

Legal support for PPP participants by both private investors and public entities that is the Russian Federation, Russian regions, municipals, entitled state corporations and state companies. Concepts for infrastructure projects structuring.


Head of Practice Transport & Infrastructure

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The big tender has brought to interim measures

Infralex partner Artur Rokhlin has commented to the newspaper “KommersantЪ” in Nizhniy Novgorod the interim measures adopted by the court on the request of the Federal Antimonopoly Service’s regional office. The court freezed the performance of four contracts with total amount of more than 1 bln rub providing replacement of elevators in local dwelling houses. The Antimonopoly Service considers the tender as non-competitive, litigates the results of the tenders and contracts which the Fund of the dwelling houses capital repair in Nizhniy Novgorod has been concluded with the tenders’ winners. 


Government procurement shall be clothed into contract

Infralex partner Artem Kukin has commented to the website “” on the problems raising from works in favor of a government customer without an existing state contract. Shall these works be payed, for instance as unjust enrichment claims? As usual the Russian courts dismiss the claims of payment considering the works as evasion of law on government procurement. Exceptions, stressed Artem Kukin, can be made only in special cases, for instance for works urgently required to sustain the defense.  


Custom duty for leasing subjects

Infralex head of practice Ivan Shienok has commented to the website “” on the practice concerning calculation of import duty for leasing subjects. Custom authorities estimate value for customs purposes taking into account finance lease repayment. As a result custom duties are increasing, courts’ decisions on such disputes are colliding. The Russian Supreme Court is trying to express a legal opinion.


Movable or immovable estate?

Infralex partner Artem Kukin has commented to the website «Legal.Report» on the dispute about property rights to the objects of communal infrastructure. The case has been considered by the Russian Supreme Court Chamber. Earlier the courts of various instances could not decide whether or not the estate is movable. The Supreme Court stated that the estate is immovable. The Russian Civil Code also considers transportation, communications and utilities lines as immovable property but this Article 131.1 came into force on the 1st of October’ 2013, after the dispute had arose.  


Concessions has been reduced to choose the arbitration

The state arbitrazh (commercial) courts in St-Petersburg have refused to execute the final arbitration award on the large concession project – construction of the Orlovsky automobile tunnel under the Neva. According to the award the St-Petersburg Government had to pay 1,2 bln rub. damages to the concessionaire, the newspaper “KommersantЪ” has reported today. The state courts decided that the arbitration formed by the International Chamber of Commerce in Paris by the UNCITRAL Rules is not “the arbitration of the Russian Federation” in terms of the Law on concession agreements. Infralex analyst Olga Pleshanova in her comments to “KommersantЪ” has noticed that the state is strengthening its economic empact.

PPP goes out to fields

Public-Private Partnership (PPP) has been practicing earlier in infrastructure projects but now is appearing in agriculture. The amendments to the Russian legislation came into force at the end of 2015. The new regulation allows to enter into concession agreements and PPP-agreements for creation of objects of agricultural purpose. The agreements with investors shall be alternative to the previous forms of the state support in agriculture such as privileges and subventions.

The year of bankruptcies and state aid

On New Year’s Eve the partners of Infralex and Lexar traditionally reflect on the outgoing year. In the spotlight were high-profile bankruptcy cases – the procedures had been started in “Transaero” and “SU-155”. The Law on individual bankruptcy came into force and entailed the first bankrupts such as the State Duma deputy, well-known business owners. Another trend is the expansion of the state influence in economy, emerging role of the Russian Federal Antimonopoly Service and formation of the new rules for the business and government interaction.

Reinsurance at public expense

The law draft on the National Reinsurance Company raised many questions and remarks from the President of Russia’s Council on Civil Law Codification. The company is assumed to be established by the Central Bank so this company may require significant public funds and caused serious risks. Moreover there may be a conflict of interest of the Central Bank as regulator of the insurance market and as the founder of the company. Infralex analyst Olga Pleshanova followed the yesterday meeting of the Council and commented the results to the newspaper “KommersantЪ”.

Unitary enterprises will not be allowed on competitive markets

Russian state and municipal unitary enterprises shall be established probably subject to the prior concent of the Russian Federal Antimonopoly Service (FAS). Yesterday the President of Russia’s Council on Civil Law Codification gave a positive opinion on this legislative initiative of the Governement. The FAS doesn’t intend to allow new-established unitary enterprises on competitive markets because such enterprises can eliminate competition. Infralex analyst Olga Pleshanova followed the discussion.

The new provisions on obligations – the new risks

The amendments to the Russian Civil Code general provisions on obligations which came into force on the 1st of June can rise many problems i.a. in government procurement. Today these problems have been discussed at the conference “The reform of the Law of Obligations general provisions: the first results”. Infralex analyst Olga Pleshanova took part in the meeting.  

Compensation to a might-have-been concessionary

Infralex head of transport and infrastructure practice Dmitry Ivanov became an expert of the Internet-project «Investments to housing and communal complex» on the website «Control over Housing and Utilities infrastructure». The experts discuss ideas concerning the increase of investment attractiveness of the Russian Housing and Utilities infrastructure. Considerable attention is paid to the concession models.

The court cleared a roadway

Infralex partner Artur Rokhlin has commented to the newspaper “KommersantЪ” on the dispute referred to the road facilities of the town Petrozavodsk (№ А26-5030/2015). The Arbitrazh (Commercial) Court of Karelia Republic initially granted and then cancelled the interim measures in favor of the contractor. The municipal contract on the roadwork with this contractor was terminated by the Petrozavodsk administration, the contractor argued it. The interim measures prohibited to the administration to conclude any contracts on the roadwork and could endanger the public security.
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Competition Law Advising on economic concentration and the application of antitrust legislation, legislation on advertising, on foreign investment in Russian strategic enterprises, on government procurement. Representation of the clients’ interests. Infrastructure. Transport. PPP Legal support for PPP participants by both private investors and public entities that is the Russian Federation, Russian regions, municipals, entitled state corporations and state companies. Concepts for infrastructure projects structuring. Corporate Law and M&A Advising on corporate relations in overall economy, legal support for transactions including ones under foreign law, legal due diligence, corporate disputes resolution. Tax Law Advising on Russian and international taxation, tax risks assessment,  representation in administrative and judicial disputes with tax authorities. Real Estate. Land. Construction Advising on investments in capital construction, legal support for activity of developers, investors, contractors. Assistance in the registration of titles, real estate disputes resolution. Insolvency (Bankruptcy) Advising on the insolvency (bankruptcy) legislation and procedures related to individuals and legal entities including banks and other financial institutions. Legal support for bankruptcy proceedings.
Dispute Resolution Representation of our clients’ interests in all instances of the judicial system, including in the Constitutional Court of the Russian Federation, arbitration proceedings, including in the International Commercial Arbitration Court under the Russian Federation Chamber of Commerce and international arbitration institutions. Criminal Law and Procedure Advising of our clients and their representation and defense in criminal proceedings for tax crimes and other cases of corruption and economic disputes. Intellectual Property Advising on intellectual property related issues, drafting of agreements, legal due diligence of intellectual property, patent and trademark dispute resolution including non-use cancellation actions, assistance in registration.