Business programme

Business programme

29 June–01 July 2022

Law, Business, and Sanctions
People and Law
Law in International Relations
Digital Transformation
Control, Oversight and Regulation
Justice and Litigation
Plenary Session
Law, Business, and Sanctions
+6
Law, Business, and Sanctions
People and Law
Law in International Relations
Digital Transformation
Control, Oversight and Regulation
Justice and Litigation
Plenary Session
08:00 30.06.2022
30.06.2022
08:30–09:30
Broadcast

The Russian Model of Business and Government Interaction: Historical Experience and Future Outlook

Юридический завтрак в рамках ПМЮФ-2022

The event will be broadcast on the Pravo.ru website

ExpoForum, Shushary, Petersburg highway, 62, building 1, conference hall 7, Hilton
On 30 July, a legal breakfast entitled ‘The Russian Model of Business and Government Interaction: Historical Experience and Future Outlook” will be held as part of SPILF. Taking part are: Pavel Krasheninnikov, Chairman of the Committee of the State Duma of the Federal Assembly of the Russian Federation on State Building and Legislation; Vladimir Gruzdev, Chairman of the Board, Association of Lawyers of Russia; Andrei Nazarov, Prime Minister of the Government of the Republic of Bashkortostan; members of the State Duma of the Federal Assembly of the Russian Federation, and leading lawyers among others. Boris Boltyanskiy, Editor-in-Chief, Pravo.ru, will be moderating. The breakfast will discuss the development of business culture and national jurisdiction, as well as relations between government and business. Particular attention will be given to improving legislation and tools for state regulation that could have a noticeable impact on economic growth in the short term. In the context of current economic and political challenges, the relationship between government and business is undergoing significant transformation, particularly in the legal system regulating these relations. How should the transition from anti-crisis policy to development policy be legislated in the context of sanctions pressure? What unique features define the legal protection of businesses from external threats? Can the evolution of an independent national jurisdiction be viewed as a competitive advantage for Russian business? What is special about the Russian model of interaction between business and government? Is sanction law a contemporary phenomenon in the context of the antagonism of the processes of globalization and state identity? What are the prospects for the contemporary legal services market? Such questions are of vital public interest in Russia.

Organizers of the Legal Breakfast: Association of Lawyers of Russia, Pravo.ru
Moderator
Alexander Tsypkin
More
10:00
30.06.2022
10:00–11:30
Broadcast

The Digital Transformation of Judicial Enforcement

Digital Transformation
Congress Centre, conference hall B1
Modern life would be unthinkable without the active use of information technology. It is no different for the public authorities, whose most important tool for increasing efficiency is the digitalization of internal management processes and external interaction. In accordance with the national development goals of the Russian Federation for the period until 2030, as defined by the President of the Russian Federation, the Federal Bailiff Service shall seek to actively introduce information technology to its operations. The digitalization of enforcement is a recognised international trend and an objective necessity in current realities. The digital transformation of enforcement is a priority for the Service and is aimed at expanding the scope and ways of keeping the parties to enforcement proceedings informed and introducing the concept of openness to the activities of the enforcement authorities.
• Primary achievements in the automation of business processes in enforcement.
• Automation of the process, a ‘registry model’ for the execution of enforcement documents.
• Prospects for improving the legal and regulatory framework supporting digital inclusion.
• The automated processing of large volumes of information that is submitted in the course of enforcement proceedings and ensuring prompt interaction on the part of the bailiff with the parties to the enforcement proceedings and with public authorities.
• The activities of professional debt collectors: current status and priorities for development.
Moderator
Vladimir Gureev
More
30.06.2022
10:00–11:30
Broadcast

Anti-Corruption Compliance in the Context of Economic Sanctions

Control, Oversight and Regulation
Congress Centre, conference hall B2
The global economic sanctions imposed on Russian businesses pose a number of challenges, including with regard to anti-corruption compliance. This session will focus on a range of aspects related to minimizing any possible negative impact experienced by Russian businesses:
• Anti-corruption compliance as a means of minimizing risk in the context of economic sanctions.
• The government’s role in building and implementing an anti-corruption compliance system for organizations.
• Raising awareness in the private sector of matters to do with tackling corruption in the new reality, and the need to do so.
• Digital transformation as assisting in anti-corruption compliance.
• Best practices in anti-corruption compliance in the context of economic sanctions.
• The need to include a sanctions-related clause in contracts (articles 406.1 and 431.2 of the Civil Code of the Russian Federation).
Moderator
Vitaly Belinsky
More
30.06.2022
10:00–11:30
Broadcast

Inheritance Law: Balancing the Interests of Society and the Bequeather

People and Law
Congress Centre, conference hall B3
The development of inheritance law in Russia is invariably linked to efforts to address social issues, namely, ensuring that an inheritance can support those who are unable to work, and who depended on the bequeather during their lifetime. If a will excludes someone who may have counted on receiving an inheritance, then regardless of the bequeather’s wishes, their dependant has a right to a share of the bequest. And in instances where the bequeather did not make a will, this social role is performed by an institution. Even the institution responsible for overseeing all stages of inheritance is required by law to describe its social role. The socioeconomic upheaval which began in Russia in the late 1980s, coupled with a growing sense of individualism among economically active citizens contributed to a re-examination of inheritance law’s social role. It was against this backdrop that the legislator saw fit to change rules in inheritance law covering mandatory shares (part 5, article 1,149 of the Civil Code of the Russian Federation). Meanwhile, the academic community is continuing to critically discuss the size and nature of so-called social payments from bequests. However, the importance of inheritance law not only stems from the desire of a person to pass on their material wealth to their descendants and to provide for family members in need. Inheritance law also helps ensure that the person’s wishes are fulfilled after their life has ended. This is done through inheritance contracts and inheritance funds. Inheritance encompasses a number of factors in the public consciousness. These include transferring material wealth to descendants, supporting dependants, and exerting a posthumous influence on the behaviour of loved ones and on what happens to a person’s assets.
Moderator
Pavel Krasheninnikov
More
30.06.2022
10:00–11:30
Broadcast

Corporate Governance: Responding to the Challenges Posed by Sanctions

Law, Business, and Sanctions
Congress Centre, conference hall B4
The recent sanctions have highlighted like never before the importance of making the current legal regime more business friendly. In the pre-sanction era, any genuinely major initiative would be underpinned by foreign law. That was the case even if all parties involved were resident in Russia. This was due to the greater flexibility, lower costs, and better predictability that such an approach offered. However, this option is no longer available to Russian businesses, as any move to transfer an initiative to foreign legal entities would incur an additional risk. This is not to mention the ever-growing difficulties faced by Russian residents when it comes to opening businesses and maintaining accounts abroad, amongst others.
• Regulation affecting the acquisition of large blocks of shares in public joint stock companies: targeted reforms.
• Golden shares: an obsolete instrument, or a necessity?
• The reorganization of business entities: a useful tool helping businesses adapt to a crisis.
Moderator
Ilya Bolotnov
More
30.06.2022
10:00–11:30
Broadcast

Investment Projects in an Era of Turbulence: Effective Models and Legal Protection Mechanisms

Law, Business, and Sanctions
Congress Centre, conference hall D1
Despite the economic changes in Russia, the need to implement large-scale investment projects remains. Mechanisms for implementing such projects are developing (concession, PPP) and new ones are appearing and are being prioritized (offset). Moreover, now it is important to maintain the stability of already launched long-term projects. Law practitioners in the investment sphere have developed tools that can be used to stabilize the deal for both private and public parties.
• Feasible mechanisms for implementing investment projects: from offsets to PPPs
• What investment tools and mechanisms do the regions need? Where can they get the money?
• Moscow's experience in implementing investment projects (offsets, Life-Cycle Contract, Special Investment Contract)
• Guarantees of rights and legitimate interests of the investor, as stipulated by law and the agreement
• Can there be guarantees of rights for the public party, etc.
Moderator
Evgenia Zusman
More
30.06.2022
10:00–11:30
Broadcast

Protecting the Rights of Financial Consumers and Retail Investors: Striking a Balance

Law, Business, and Sanctions
Congress Centre, conference hall D2
The Russian financial market is experiencing significant problems as it traverses the difficult path of adapting to new internal and external factors. Risks which may – or indeed, have – come to pass are affecting the financial figures of individual organizations and the sector as a whole. What’s more, they are affecting how well the market performs its main task – transforming savings and excess liquidity into investment in the real economy. In this environment, there is a great temptation to shift a number of problems onto the least-protected participants of the financial market, such as consumers of financial services, SMEs, and retail investors.
Moderator
Alexey Guznov
More
30.06.2022
10:00–11:30
Broadcast

Protecting the Rights of Compatriots: Maintaining Contact with Russia

Law in International Relations
Congress Centre, conference hall D3
Around 30 million Russians are living abroad today. Many of these people are in need of assistance, given the current unprecedented environment of persecution and discrimination on national, cultural, and other grounds. What measures should be taken to protect Russians abroad? What needs to be done to ensure that animosity and discrimination does not become an ideological norm? How can the law be used to combat chauvinistic behaviour towards Russians?
Moderator
Sergey Stepashin
More
30.06.2022
10:00–11:30
Broadcast

Pivot East: Legal Support for Mutual Investments

Law in International Relations
Congress Centre, conference hall D4
In 2021, Russia increased its trade with China and South Korea more than any other country save one. Trade between China and Russia was valued at USD 146.887 billion – a 35.8% increase compared to the year before. And in the first 9 months of 2021 alone, trade with South Korea grew by 60%, reaching a record USD 30 billion by the end of the year. In 2019, Russia was named one of the ten leading countries in EY’s European Attractiveness Survey, resulting in a 3.5-fold growth in direct investment in Russia. This trend continued in 2021, with direct investment in Russian companies reaching USD 30.7 billion – a 3.8-fold increase. Over the last few years, Russia has done much to expand cooperation with its eastern neighbours. There are numerous examples of significant investment projects which have benefitted from government support from the three nations. And in light of the current situation, Russia has every chance to boost cooperation with China and South Korea in 2022.
• Legal regulation of foreign investment in Russia. Current mechanisms and new initiatives by the Russian government.
• Sanctions and their impact on the investment climate: restrictive measures, or new opportunities?
• Financial settlements and currency restrictions: to what degree are these factors critical with regard to investment, imports, and exports? What are the prospects for making transactions in national currencies?
• Legal guarantees and protecting the interests of foreign businesses in an era of change.
Moderator
Rustem Akhmetshin
More
30.06.2022
10:00–11:30
Broadcast

Legal Guidelines in the Digitalization of Healthcare: Availability of Medical Data as a Tool for Achieving Social Objectives

Digital Transformation
Congress Centre, conference hall E11
Digitalization in healthcare has become an increasingly important topic. The past 10–15 years have seen an increase in the quantity of large datasets being amassed. However, a number of issues regarding access to medical data remain unresolved. This session will focus on issues surrounding the processing of medical data, and approaches to reforming current regulation based on best international practices.
• The current state of digitalization in healthcare: possessing large datasets while being unable to access them.
• Collecting data from wearable devices for diagnostic purposes: the potential to use data, the quality of said data, and barriers.
• Legal issues stemming from regulation covering digitalization in healthcare: lack of access to IT systems, processing data, and validating data.
• Artificial intelligence in healthcare. Trends in the improvement of consent processes. The development of effective methods of anonymizing personal data.
• Validating large datasets: can all data be used, or should it be selected?
• Practical examples of AI technology being employed in healthcare: experimental legal regimes.
Moderator
Vitaliy Omelyanovskiy
More
30.06.2022
10:00–11:30
Broadcast

Social Entrepreneurship: Prospects for Legal Regulation

People and Law
Pavilion F, conference hall F1
Social entrepreneurship plays an integral role in the socioeconomic development of a society. It contributes to the creation of a positive environment, fosters innovation, and supports public solidarity. This can all help put the necessary prerequisites in place to alleviate the consequences of the crisis. Given the impact that social entrepreneurship has on addressing key social issues during a crisis, it is crucial to take the steps needed to further foster it in Russia.
• How is the concept of social entrepreneurship in Russia understood (defining and identifying the criteria of social entrepreneurship)?
• Financing tools for social projects.
• What forms of support for social entrepreneurship need to be put in place?
Moderator
Tatiana Medvedeva
More
30.06.2022
10:00–11:30
Broadcast

Philosophy and Law

People and Law
Pavilion F, conference hall F3
Russian philosophy of law is needed today like never before, and stands on par with its foreign counterparts. In modern society, the link between law and other social phenomena (including material and psychological factors) is clear to see. A break in this link can lead to the devaluation of law and legal nihilism. This in turn can increase tension in society and cause a rupture in socioeconomic relations. It is essential to examine a variety of topics in the context of general ideas covering the development of law, legal awareness, and legal thinking. Doing so can lead to a deep understanding of the processes taking place in today’s world. This session will focus on academic opinions and creative perspectives on the role and significance of philosophy of law as it pertains to social and humanitarian knowledge. It will also examine assessments and judgments concerning today’s global legal reality. In addition, participants will aim to reach an understanding of the development of modern civilization, the evolution of public and legal institutions, and philosophy of law in today’s world.
Moderator
Aleksandr Savenkov
More
11:00
30.06.2022
11:30–12:00
Broadcast

Nuremberg: Verdict in the Name of Peace (Exhibition)

Law in International Relations
Passage, Ministry of Justice of the Russian Federation stand
The 20th century, more than any other, was marked by significant events that shaped the fate of humanity for many years hence. These included the Russian Revolution, two world wars, and the Manhattan Project, which resulted in the US dropping atomic bombs on Japan. It is the only time in history that nuclear weapons have been used indiscriminately on a civilian population. All these events occurred before the International Military Tribunal in Nuremberg, which tried the Axis powers’ biggest Nazi war criminals. Today, more than seven decades on, a feeling of pride remains for the fact that civilization was capable of not only changing international law, but the entire world through the prohibition of aggression. This exhibition marks a first in Russian academic history by presenting and analysing the outcome of many years of fundamental academic research on the structure, content, and new legal developments to have emerged from the Nuremberg Trials. It also examines underlying legal theories and concepts by leading Soviet and international legal scholars, as well as various regulatory documents and materials to have emerged over the course of more than fifty years. The exhibition will feature the official text of the International Military Tribunal verdict. The exhibition has been designed for a wide audience, including government figures, community leaders, judges, people working at investigative bodies, researchers, university lecturers, representatives of government bodies, and people from local government departments. It will also be of interest to all those who care about the fate of the world, and who wish to learn the truth about the legal outcomes of the Second World War and the verdict that preserves peace on the planet. A number of talks given at a roundtable offer a full picture of the Nuremberg Trials, both by providing a formal legal assessment of their outcome, and by examining their impact on the development of international law.
More
12:00
30.06.2022
12:15–13:45
Broadcast

Law in a Multipolar World

Plenary Session
Congress Centre, Congress Hall
Moderator
Alexandra Suvorova
More
14:00
30.06.2022
14:30–16:00
Broadcast

Taking Care of Our Own: Legal Protection of Russian Businesses Abroad

Law, Business, and Sanctions
Congress Centre, conference hall B1
Russian entrepreneurs doing business abroad have recently encountered a number of issues. These range from a corrosion of their rights to various forms of discrimination and the removal of entrepreneurial freedoms. A number of countries have taken political decisions which disregard established legal boundaries. What forms of legal protection do Russian entrepreneurs have recourse to? What countermeasures should be taken? What can be done to tackle discrimination faced by Russian businesses?
Moderator
Vladimir Pligin
More
30.06.2022
14:30–16:00
Broadcast

Legal Sovereignty as a Guarantee of National Security

Law in International Relations
Congress Centre, conference hall B2
Russia’s legal system is key to its statehood, founded as it is on traditional values and long-established concepts and principles. And in the face of global challenges and sanctions, the legal field has been tasked with identifying the answers to today’s difficult questions. A country’s sovereignty is not only based on political and economic principles, but legal ones as well. How can legal sovereignty help guarantee national security? What threats require action now? How will legal systems look in the near future?
Moderator
Vladimir Gruzdev
More
30.06.2022
14:30–16:00
Broadcast

Russia and Eurasia: A Shared Patent Space

Law in International Relations
Congress Centre, conference hall B3
In Eurasia, aspects related to intellectual property encompass both national and regional elements. In Russia, intellectual property is not only regulated by national legislation, but also by a number of international agreements. The development of regional registration systems has been a major achievement, since protection can now be obtained faster, more cheaply, and more easily across a number of countries simultaneously. However, there is still a wealth of untapped potential when it comes to using intellectual property to foster socioeconomic development in the region. Across Eurasia, work is under way to improve the regulatory framework underpinning the development of intellectual property ecosystems. What are the strategic areas and trends affecting the development of intellectual property in Eurasia? What legal mechanisms are required to support the development of the Eurasian intellectual property market? What new pathways are opening up in the development of intellectual property regulation? What is the role of regional integration bodies, and how will it change in the future? What are the prospects for creating a common space in the region with regards patents and product identifications?
Moderator
Grigory Ivliev
More
30.06.2022
14:30–16:00
Broadcast

Performance Criteria for Research: Legal Challenges and Prospects

People and Law
Congress Centre, conference hall B4
The new geopolitical landscape is impacting international cooperation in science and education. The government has set the objective of reforming how scientific work is appraised in light of recent sanctions, with the aim of encouraging innovation-led economic growth. The establishment of a national scientometric system is central to this, as efforts are made to improve legal regulation in the field of science.
• Changing approaches to scientometrics, including statistics relating to numbers of publications, digitalizing the big data system, and recording scientific results which will be used to support innovation-led socioeconomic development.
• Developing assessment criteria for scientific work, with the aim of coming up with rapid responses and supporting long-term development, including with regard to legal support for grants and other forms of competitive support.
• Development prospects for areas related to outcomes of scientific work, including number of publications, improving academic citation databases, and developing a federal programme to support leading Russian scientific journals.
Moderator
Oleg Belyavsky
More
30.06.2022
14:30–16:00
Broadcast

A Life without Bankruptcy: Saving and Revitalizing Businesses Here and Now

Law, Business, and Sanctions
Congress Centre, conference hall D1
• Restructuring debt: can approval be gained out of court?
• Who are debt restructuring clients? What can be done to encourage an agreement?
• Trust and transparency with regard transactions and financial standing as the key to rehabilitation.
• Identifying locations and ways of holding a dialogue: procedural and legal options.
Moderator
Vadim Soldatenkov
More
30.06.2022
14:30–16:00
Broadcast

Digitalization of Law: Challenges, Goals, Prospects

Digital Transformation
Congress Centre, conference hall D2
During the roundtable the experts will discuss various aspects related to the digitalization of law in general and the rule-making process in particular. The session will touch upon issues related to the evolution of law digitalization, its transition to machine-readable format, as well as the digitalization of the rule-making process in the Russian Federation and abroad. It is also planned to discuss the implementation of the machine-readable law concept adopted in 2021, and the possibility and necessity of updating it. Additionally, the session will cover the transfer of normative acts in machine-readable format, the pros and cons of such transfer, the existing experience in the digitization of normative acts, including administrative regulations, and further plans for the transition to a machine-readable format. It is also planned to discuss the priorities in the digitalization of rulemaking and known best practices. The panellists will also examine if the participants of the rulemaking process are ready to switch to digital rulemaking, plus the current status of regulatory policy in the field of rulemaking digitalization, as well as potential solutions to existing problems in this area. The session is also expected to include dialogue with government representatives and leading professionals, as well as members of scientific, legal, and business communities.
Moderator
Dmitry Ter-Stepanov
More
30.06.2022
14:30–16:00
Broadcast

Cancel Culture: The Right to Cancel, or a Cancellation of Rights?

People and Law
Congress Centre, conference hall D3
A number of societies which have proclaimed the loftiest democratic ideals have seen the rise of a new way of regulating social interactions over the past decade. During this time, cancel culture has been consistently cultivated in the West, leading to societies placing less emphasis on legal assessments of individual behaviour, and more on collective hate and obstruction campaigns against people. Indeed, the principles employed appear to more resemble those of a primitive society. In just a few years, cancel culture has gained so much momentum that it can be employed not just to individual people, but entire nationalities, cultures, and even countries. What is the legal take on cancel culture? What was it that caused this shift away from societal responsibility for current events and towards collective irresponsibility? Will the law endure in the fight against cancel culture?
Moderator
Alexander Tsypkin
More
30.06.2022
14:30–16:00
Broadcast

Besogon and Law

Congress Centre, conference hall D4
Moderator
Aleksey Pushkov
More
30.06.2022
14:30–16:00
Broadcast

Psychological Help: Perfecting the Legal Framework

People and Law
Congress Centre, conference hall E12
Right here and right now Russian Federation urgently needs an improvement of legal regulation in the area of psychological help. The problem has several roots. First, there is no holistic, systemic law regulating psychological help on the federal level. Legal regulation of these services is performed in the sectoral federal laws and is of fragmentary nature. Moreover, the definitions used in the legislation are ambiguous, there are no unified approaches to the content of the conceptual meaning of the term. Second, there is an imbalance between the number of actual and/or potential recipients of psychological help on the one hand, and the state and society's abilities to render such help on the other hand. Both issues are caused by the absence of a unified system of psychological help in the Russian Federation, by the lack of qualified professionals in this sphere, and by missing requirements for professional standards.
Moderator
Irina Kirkora
More
30.06.2022
14:30–16:00
Broadcast

Improving Legislation and State Regulation of Legally Mandatory Bidding Processes: Russian and Global Experience

Control, Oversight and Regulation
Pavilion F, conference hall F1
At the present stage, the institute of bidding has become very important for the economy overall. Bidding has become a standard form of state and municipal participation in economic affairs, ensuring equal access of all potential participants to public property and public finances. However, even the fields where the transactions parties are exclusively private entities, tenders are also becoming increasingly popular, being a tool to improve the efficiency of transactions. In this regard, Russia sees a rapid development of legal tender regulation in sectoral legislation: land, forest and water legislation, legislation on subsoil resources, and so on. One of the main tasks for ensuring equal access to state (municipal) property and other associated rights is the introduction of a single procedure for conducting tenders and the participation of entrepreneurs in such tenders in a single digital environment. During the session, the panellists will consider key issues related to the development of state regulation of bidding, which is mandatory by law in the current economic environment.
Moderator
Gennady Magazinov
More
30.06.2022
14:30–16:00
Broadcast

The Right to Self-Defence and Protection of the Home: Theory and Law Enforcement

People and Law
Congress Centre, conference hall E11
Questions of the permissible limits to self-defence are raised periodically and are becoming quite acute and high-profile. The principle ‘My home is my castle’ is, in many countries, associated with constitutional guarantees giving the right to sanctity of the home. “To protect people who protect themselves and protect the life and health of others,” said President Putin on 9 December 2021 at a meeting of the Human Rights Council. The right to sanctity of the home is a crucial constitutional human right. On 31 May 2022, a Plenum of Russia’s Supreme Court amended its 2012 Resolution No. 19 ‘On application by courts of the legislation on reasonable defence and infliction of harm when restraining a crime perpetrator’. Today, when protecting themselves, Russian citizens must assess the nature of the danger of violence or threat, are restricted by the limits of reasonable force in self-defence, while the criminal is not restricted in any way. As practice has shown, there are cases when people who were protecting their own lives and those of their children find themselves in court as accused and receive actual custodial sentences. If, as a result of self-defence, the attacker dies, this almost always means a custodial sentence. Without the law being amended, will the latest clarification issued by the Supreme Court have any material effect on judicial practice in cases of exceeding reasonable force in self-defence? How should law enforcement practice be shaped to protect people’s own lives and health, and those of people close to them, as well as when they fulfil their civic duty to protect people under attack?
Moderator
Aleksandr Kozlov
More
16:00
30.06.2022
16:30–18:00
Broadcast

How to Lower Regulation Burden: Calculate the Execution Costs or Structure Them?

Control, Oversight and Regulation
Congress Centre, conference hall B1
Almost one and a half years have passed since the completion of the ‘regulatory guillotine’. Such a comprehensive legislative reform took place for the first time in Russian history and was completed on a rather tight deadline. As part of this work, it was possible to revise mandatory requirements, systematize them, and get rid of the redundant ones. Now comes the time to revise the requirements based on an assessment of the compliance costs. The Moscow government assessed a number of mass mandatory requirements and prepared proposals for their abolition or mitigation in order to create a favourable business environment. The issue of assessing the costs of compliance with mandatory requirements becomes particularly relevant in the context of providing businesses with maximum freedom in order to overcome economic instability and solve import substitution problems. Reducing the regulatory burden can provide entrepreneurs with savings that can be used for investment purposes. Another way to reduce costs is to systematize mandatory requirements, creating registers and catalogues of requirements. On the one hand this will allow to create information systems based on those registers; on the other hand, it would allow in-depth analytics on the frequency of checking requirements and on their actual implementation. This task is complicated by the fact that mandatory requirements are enshrined in legislation in a hierarchical manner, i.e. each subsequent normative act specifies, discloses and describes this or that requirement in greater detail. To what extent are requirements and permitting regimes are a barrier to business creation/scaling? Which mandatory requirements remain the most problematic from the perspective of entrepreneurs? At what level should mandatory requirements be fixed? And what should the regulatory structure look like? What can or should be contained in departmental acts of regulatory bodies?
Moderator
Alexey Bobrovsky
More
30.06.2022
16:30–18:00
Broadcast

Community Service: Points of View from Society, Business, and Government

Law, Business, and Sanctions
Congress Centre, conference hall B2
On 29 April 2021 the Russian government issued order 1138-r, which gave official approval to a concept outlining the development of the penal system to the year 2030. One area of focus is the development of a network of correctional centres for those serving sentences which do not involve isolation from society. This will be done by using the property of the penal system, regional governments, and organizations. There are a number of reasons why taking such a step is necessary. When convicts suffer from a rupture in social ties, the lack of proper employment opportunities, and the influence of criminal subcultures at prisons, the recidivism rate increases. Currently it is at 44%. In addition, imprisoning convicts is more expensive to the state than keeping them at correctional centres. These centres need to have a total capacity of up to 100,000. While 182,000 convicts currently have the option of applying for imprisonment to be replaced with community service, this will only be granted to those who have shown improvement and are on the path to rehabilitation. This target is expected to be met in 2024. Convicts at correctional centres will benefit from full employment and the chance to rebuild social ties. This initiative, together with social adaptation, rehabilitation and resocialization efforts after release, will lead to a reduction in recidivism.
Moderator
Eduard Petrov
More
30.06.2022
16:30–18:00
Broadcast

The Professionalization of Judicial Proceedings

Justice and Litigation
Congress Centre, conference hall D1
Article 48 of the Russian constitution enshrines the right to receive professional legal aid, including free legal aid in cases provided for by law. However, due to a number of reasons, it has become difficult to ensure this right. This is primarily reflected in the low quality of legal services, particularly when it comes to representing the client’s interests in court. As a result, requirements for judicial representatives have recently been raised. Now, representatives at civil, arbitration and administrative cases must have a higher legal education or a degree in law. However, practice has shown that having a higher legal education alone is not a sufficient guarantee that a judicial representative is properly qualified. Most lawyers are unregulated – they are not bound by rules of professional ethics, and cannot be struck off due to providing poor-quality legal services. The lack of clear criteria for assessing lawyers enables them – in the case of providing poor legal assistance – to avoid liability and continue their bad practice. This also applies to lawyers who have lost their status by disciplinary procedure. The current procedure for representation does not encourage public confidence in the Russian state and its guarantees as set out in the constitution. What requirements should be applied to court representatives? Who should assess whether they meet the requirements? How should the mechanism allowing lawyers to act as judicial representatives be designed?
Moderator
Mikhail Barshchevsky
More
30.06.2022
16:30–18:00
Broadcast

Re-Domiciliation: Window of Opportunity

Control, Oversight and Regulation
Congress Centre, conference hall D2
The legal mechanism of re-domiciliation has existed in Russian law for almost 4 years. It was introduced in August 2018, when a series of laws was adopted to create special administrative regions (SAR) on Oktyabrsky and Russky islands in order to bring back Russian business there and to attract international companies to migrate from foreign jurisdictions. At that time, the main features for SAR residents included the possibility to apply foreign law to regulate internal corporate relations, as well as tax conditions comparable to popular international jurisdictions. Given that large Russian businesses have traditionally been arranged using foreign holding structures, the introduction of significant sanctions against Russian beneficiaries and their assets in 2022 led to a situation where many companies encountered serious difficulties in carrying out various operations in foreign jurisdictions. Under the new conditions, the logical choice for many was to relocate controlled foreign companies to the SARs. As a consequence, the number of SAR residents has increased significantly since the end of February. This was facilitated by significant changes in the SAR legal regime:
Thus, the order of relocation was updated to reflect the current conditions, as well as liberalization of some mandatory requirements for SAR residents;
In addition, SAR residents were given a new legal mechanism of asset protection: the possibility of registration of international personal funds (lifetime and posthumous) in the territory of SAR;
Next on the agenda is amending the Russian legislation with a famous foreign legal tool: issuance of shares with a different volume of rights. The corresponding bill has been submitted to the State Duma.
Moderator
Galina Naumenko
More
30.06.2022
16:30–18:00
Broadcast

Judicial Mechanisms: Dialogue between the EAEU Court and National Courts

Justice and Litigation
Congress Centre, conference hall D3
• Requests for prejudicial rulings as a form of dialogue between the EAEU Court and the courts of member states. Which judicial bodies should be given the right to seek recourse from the EAEU Court? Should a request for a prejudicial ruling come at the initiative of the parties to the dispute? Should there be the option to question the validity of decisions made by the Eurasian Economic Commission under requests for prejudicial rulings? What should be the nature of documents issued following consideration of a prejudicial ruling request? What legal force should they carry?
• What is the correlation between EAEU law and legislation of member states when it comes to the practice of the EAEU Court and national courts? Mechanisms for resolving conflicts: making appropriate interpretations and not applying regulations that are contrary to EAEU law. The role of the EAEU Court and the courts of member states in upholding the supremacy of constitutional human rights and freedoms. Issues concerning the inadmissibility of retroactively applying decisions by the Eurasian Economic Commission and the protection of the economic rights of individuals and business entities.
• Reconciling judicial proceedings in the EAEU Court and national courts. Should the legislation of member states allow for the suspension of proceedings due to the plaintiff's application to the EAEU Court, or for reviewing the case in light of new circumstances?
• Key issues related to the digitalization of legal proceedings in Eurasia. Issues surrounding the recognition of e-signatures; the possibility of participating in judicial proceedings remotely; the use of digital databases.
Moderator
Mark Entin
More
30.06.2022
16:30–18:00
Broadcast

The Development of Legal Education in the Russian Federation

People and Law
Congress Centre, conference hall D4
Legal education is key to the government’s objective of improving legal awareness among the public. The country’s legal education system plays a crucial role. It has a direct bearing on legal evolution, on public perception, and on the efficiency of all public bodies. The legal system requires a constant influx of qualified, knowledgeable, and professional personnel. It is therefore important to focus on the development of legal education in Russia with the goal of training specialists for work at public bodies. Other aims include developing criteria and approaches to training legal specialists for work at government and municipal bodies across all levels. What global trends in legal education are in evidence today? In today’s world, how relevant is it to have specializations devoted to different areas, such as state law, civil law, or criminal law? Would it be prudent to move towards narrower specializations, such as public body lawyers, corporate lawyers, criminal lawyers, civil institution lawyers, procedural lawyers, and law-enforcement lawyers? If law-enforcement is excluded as a key part of a lawyer’s professional activities from the federal education standard covering jurisprudence, might there be any negative consequences?
Moderator
Nikolay Kropachev
More
30.06.2022
16:30–18:00
Broadcast

Legal Regulation of Carbon Pricing: The Domestic and International Market

Control, Oversight and Regulation
Congress Centre, conference hall E11
The launch of Russia’s cap-and-trade programme is steadily approaching. The Sakhalin pilot scheme – marking a transitionary step in the programme – will begin to operate this year. There is little doubt that the new foreign policy environment will affect Russian carbon regulation, so we must again ask ourselves what the Russian ETS will look like. What business prospects exist in the new carbon credit market? What experience should Russia draw upon? Can Russia’s programme be integrated with other countries’ emissions trading systems?
Moderator
Elena Kuritsyna
More