Business programme

Integration associations such as BRICS are playing an increasingly important role in the world. BRICS membership continues to expand each year, as the organization attracts more and more new partners and external challenges provide a new impetus for its development. BRICS member countries are expanding their scope of interaction, seeking out new forms of settlements, and setting up multilateral financial institutions and extensive infrastructure networks. All these transnational economic processes are still the result of treaty practices, which generally take into account the law of the country where disputes are supposed to be considered. More effective and large-scale economic cooperation within BRICS will require reliance on common legal ideas and principles, as well as the organization’s own arbitration system. BRICS includes different legal orders that gravitate towards both continental and Anglo-Saxon legal traditions. Islamic law also has an influence on the national legal orders of BRICS member countries. Which legal system’s principles and ideas will have a greater impact on the political economy of BRICS? Should one of the legal systems be selected as the primary one, or will BRICS become a unique structure that has created an original legal field built on principles that exist outside of time and space? Are classical civil procedure doctrine and comparative studies capable of creating the political pre-conditions for explosive growth in trade and financial cooperation within BRICS?

Many of the legal norms and explanations from Russia’s highest judicial authorities are devoted to regulating relations involving the suppression of violations of exclusive rights to various types of intellectual property. There are also a large number of court disputes concerning the enforcement of laws in which the decisions formed the basis of recommended approaches to determining the illegality of a particular activity involving the use of intellectual property and defining counterfeit products. However, the latest judicial practice shows that the scope of violations has changed significantly. This can also be seen in patent disputes, when the offending party who is actually using a protected item claims that it is only using an analogue. The degree of counterfeiting in the IT industry has expanded, but we can still successfully combat it, including through the timely deposit of software. There have also been significant changes in approaches to rebranding. The current situation needs to be analysed not only in terms of the violations themselves, but also their related aspects. What kind of problems are associated with the quality of products imported via parallel imports and confirming their origin? What difficulties arise when using the institution of mandatory licensing? What signs can be used to distinguish an analogue or reverse engineered object from a protected one?

In recent years, we have seen major changes in international politics and economics that have led to the rather broad imposition of economic sanctions around the world, which have become a highly sought-after tool in the foreign policy of many countries. Since they started being imposed on Russia, economic justice has begun to play a special role in protecting the rights of the state and business that have been affected by the sanctions, thereby helping to create conditions for sustainable development and the restoration of economic ties. However, an analysis of legislative and regulatory enforcement practices reveals some imperfections in certain mechanisms used to resolve disputes involving sanctions, including those related to international interaction, the recognition and enforcement of foreign judicial and arbitration decisions, and the insufficient elaboration of the regulatory framework in this regard. What key challenges to the development of economic justice does external sanctions pressure create? How does international arbitration affect the protection of Russian companies’ business interests in the current conditions? What mechanisms of anti-sanctions legislation are most effective in supporting legal stability? How does judicial practice reflect how the legal system is adapting to the new economic realities? What recommendations could be prepared to improve the effectiveness of economic justice in Russia?

In response to external challenges and unprecedented sanctions pressure on the Russian economy, the government has introduced significant changes to legislation on the taxation and administration of cross-border transactions. At the same time, new rules introducing withholding tax on income earned by related foreign companies for work and services carried out in Russia, involving payment agents and other intermediaries in supply chains, and allowing different regulatory bodies such as tax and customs authorities to classify the same cross-border transactions differently, have raised a number of questions. These issues require thorough discussion with the participation of the judiciary, academic experts, the Russian Federal Tax Service, and the business community. How should the new rules on the taxation of income earned by a foreign entity from work or services performed in Russia for a related party be applied? How can mistakes be avoided when selecting taxation rules for cross-border transactions involving intermediaries? When do the risks of cross-border transactions being reclassified arise? On what grounds can tax and customs authorities classify the same transaction differently, for example by including dividends in the customs value of goods? What mechanisms can help minimize disputes in the tax administration of cross-border transactions?

The Institute of State and Law of the Russian Academy of Sciences, the country’s leading scientific legal centre that conducts research about theoretical problems of state and law, is marking its 100th anniversary in spring 2025. The institute is widely known for its fundamental and applied research, as well as its outstanding scientists, who made an enormous contribution to the formation of the Soviet state and law, the creation of the legal foundations of the International Military Tribunal that convicted Nazi criminals, and the post-war international system and its bodies (the UN and others), and also ensured the development of domestic law and legislation, including pioneering the creation of a number of branches of domestic legal science.

The legal profession is a public function and a mandatory, independent, and autonomous element of the social structure that ensures the exercising of the constitutional right to professional legal assistance and the constitutional principles of adversarial proceedings and equality of the parties. It is not part of the state system, but along with the court ensures the rule of law and serves as an intermediary between civil society and the state. The diminishment of the role of the legal profession, violation of the rights of lawyers, and failure to ensure the true independence of the legal profession and advocacy delegitimizes justice and deprives it of the key characteristic as fairness in the public consciousness. The decorative nature of the independence of the legal profession (lack of real content in the principles of advocacy), in turn, contributes to the shaping of public opinion about the partiality of justice as a whole. As such, the principle of the independence of the legal profession should not only be properly implemented in legislation, but should also be under constant scrutiny by the judicial system itself. Does the public function of legal protection depend on the guaranteed independence of lawyers? Should a violation of lawyers’ rights be viewed as an encroachment on justice? To what extent does the violation of a defence attorney’s rights at any stage of criminal proceedings affect the legitimacy of the final court decision?

The goal of exchange trading is to organize trading activities and, as a secondary effect, to establish exchange prices. The availability of representative price information ensures a trust-based environment on the financial and commodity markets, reduces the risks of manipulation, and allows for the more effective management of market risks. Data from international pricing agencies does not always reflect representative information about market prices on the Russian commodity market. In addition, the departure of several international information agencies from the Russian market has resulted in companies experiencing difficulties in obtaining the representative information needed to conclude transactions and fulfil their obligations on the Russian market. The use of price indicators is essential for public administration in many areas: the financial market, antitrust regulation, and determining the market price and comparability of transaction terms for tax purposes. In addition, the use of exchange indicators by courts is of paramount importance when determining the value of property in the event of a dispute about its price. In such a situation, exchange prices and indicators play a greater role as a factor for determining the market nature of prices, which requires a further discussion about expanding the scope of their use.

Rapid business growth is always a moment for reflection and a catalyst for significant transformation across internal processes, including the management of legal risks. At the same time, the very nature of legal risks evolves as companies progress through different stages of development, along with the tools required to address them. In the early stages, speed and flexibility are critical for structuring deals to raise capital and for establishing mechanisms that attract and retain high-calibre teams. As the company matures, the focus shifts to challenges such as competing with major digital players, protecting proprietary technologies, and complying with regulatory requirements specific to the business model or the digital product under development. In this context, it is worth taking a closer look at what sets companies developing innovative products, particularly startups, apart. What regulatory considerations around corporate governance and structuring need to be addressed to avoid slowing the growth of such businesses? To what extent do existing approaches in Russian regulation support effective investment attraction and team building? How do tech startups manage the risks of digital market monopolization, which is increasingly cited as a key driver of the regulatory agenda, especially regarding the influence of factors such as corporate access to data?

As the regulation of personal data evolves, it is important to maintain a balance between the rights of personal data owners and technological development by minimizing the amount of personal data processed by operators and establishing legal grounds for their processing. How can we maintain a balance between the development of technologies and the interests of personal data owners? Is minimizing processed data an operator’s first objective to reduce risks and threats to information security, as well as to enhance the value of this data? How does minimizing the personal data processed by operators affect the relationship between users and organizations? Is the consent-based collection of data always in the owner’s interests and is it convenient for the operator? Developing and reconceptualizing legal grounds for data processing: how and when can data be processed without consent? Is the processing of anonymized data a threat to privacy or does it enhance data security?

The consequences of the fall of the Soviet Union for the legal systems of the countries that continued to exist in its stead and for international relations were enormous. The Soviet collapse resulted in new economic patterns, politics, and ideology and significantly affected the legal development of the states that had come into being. Some important consequences of the collapse of the Soviet Union included the emergence of new integration processes and legal systems, a competition between legal cultures, heightened potential for conflict, and at the same time serious motivation to come to an understanding of the real meaning of the Russian state and law. One of the most significant international legal consequences of the Soviet collapse was the impact it had on European security, its very makeup, and new armed conflicts. To understand the changes that have occurred, in large part as a result of the collapse of the Soviet Union, and their relation to the complex political, economic, and technological configuration of the world as we know it, we must move forward with a scientific discussion capable of influencing the legal forecasting and modelling of Russia’s role in the modern world in the context of its national interests and strategic national priorities, the clear cultural orientation of legal transformations, evaluating the lessons of the past, and learning from them for the sake of the future. What problems has the comparative legal approach employed after the collapse of the Soviet Union created for the Russian legal system? How has the collapse of the Soviet Union affected security in Europe? How has the independence of former Soviet republics, in particular Ukraine, affected new interstate alliances and good relations with Russia? How did the collapse of the Soviet Union affect constitutional reform in the newly independent states and how were the political changes reflected in constitutional regulation? How has civil law developed and how significant is the influence of legal institutions from abroad? What important legal lessons has Russia learnt since the collapse of the Soviet Union for its own national identity and role in ensuring European and Global security?

The Russian Federation is a social welfare state with policies that aim to create an environment where people can lead decent lives. Protecting the rights of members of society who, due to age or health, are unable to provide for themselves financially is a priority focus of state policy. Child support is a key mechanism for ensuring that they receive decent allowances. What has already been done to make the collection of child support more efficient? Why do we need a publicly available register of persons who are required to pay child support and what is the outlook for its compilation? What positive international experience in collecting child support is transferable to Russia’s realities? What problems hinder the timely and full collection of child support? How can deadbeat parents be motivated to fulfil their obligations?

Decree No. 809 of the Russian President dated 9 November 2022 approved the Fundamentals of State Policy for the Preservation and Strengthening of Traditional Russian Spiritual and Moral Values, and established a list of traditional spiritual and moral values. The primary goal of the decree is to protect the Russian state and public against the negative impact of destructive practices and hostile ideologies that have been developed and imposed by unfriendly countries and used as a weapon against Russia. However, the provisions contained in the decree have not been disclosed, which makes it even more important to conduct further work to describe the actual traditional spiritual and moral values, reveal their content, and determine how they are to be implemented in practice. In addition, it is crucial to define the boundaries of state interventions in the legal regulation of culture in order to maintain a balance and effectively implement state policy.

The development of strategic approaches to intensifying legal cooperation between countries of the Shanghai Cooperation Organization (SCO) in matters concerning jurisprudence is a crucial issue that needs to be addressed. Given the regionalization and strengthening of economic, political, and social ties between SCO member states, engaging in legal cooperation is not only becoming a pertinent, but also an essential component for the region’s sustainable development. With their unique legal and cultural heritage, SCO countries face common challenges, such as the need to improve the quality of legal education, ensure access to expert legal assistance, and bolster trust between legal systems. The provision of legal services plays a key role in ensuring law and order in SCO countries. However, effective interaction and integration between various legal organizations of the member states is currently lacking. This session will address the following key issues: what mechanisms of interaction between law schools in SCO countries could be used to unify approaches to the training of legal personnel? What uniform standards in legal education and professional training could be developed for SCO countries? What legal and organizational barriers are preventing foreign lawyers from accessing the legal services markets in SCO countries, and how can they be eliminated? What are the main focuses of cooperation between lawyers, notaries, and legal organizations of SCO countries, and how can they help improve the quality of legal services? What role can government agencies play in strengthening legal cooperation between SCO countries? What technological solutions could be used to create unified platforms to exchange experience and information between lawyers and legal organizations in SCO countries?

The draft federal law on the platform economy in Russia aims to thoroughly regulate public relations between operators of intermediary digital platforms as well as their partners and users for the sale of goods, performance of work, and rendering of services. In addition to provisions regulating obvious problems for the industry, the bill governs relations between digital platforms that are either already regulated or do not fit into the proposed regulation. This bill is the result of a compromise approach to regulating digital platforms, so its discussion is crucial and should take into account the debates among government officials and businesspeople that took place during the drafting of the bill. A key goal of the bill is to combat the fragmented nature of the legislative regulation of digital platforms and find a balance between the unification of basic principles and industry regulation. One of the shortcomings of contractual relations is the question of whether there are mechanisms in place to protect the rights of consumers, sellers, and owners of pick-up points? How can we achieve a fair change in the conditions for the sale of goods via marketplaces? If a marketplace is only an intermediary, then what should we do with the emerging platform economy and platform employment? How can we ensure that sellers of goods and services have equal access to consumers and is it feasible to use automated decision-making technologies?

In the context of globalization, countries face the challenge of balancing international standards with their own legal systems. Russia, as a sovereign state, aims to build a legal order that reflects its unique historical, cultural, and social characteristics. Today’s geopolitical challenges, including sanctions and conflicts, require a reassessment of approaches to legal regulation. What new norms and institutions can safeguard Russia’s interests on the international stage?

Рост ценности нематериальных активов, реализация проектов для достижения технологического суверенитета, перестройка экономических процессов с учетом использования современных цифровых средств поднимает на новый уровень вопрос об эффективности регулирования в сфере интеллектуальной собственности. Российская Федерация совершенствует национальное законодательство и продолжает работу по продвижению интересов на мировом уровне. При активном участии России приняты два новых международных договора, на евразийском пространстве и в рамках БРИКС реализуются межведомственные проекты, нацеленные на гармонизацию практик – все это должно создать правовую определенность, прозрачные правила игры и новые возможности для развития бизнеса и несырьевого экспорта. Каковы векторы развития глобальной системы интеллектуальной собственности? Насколько право ИС соответствует потребностям бизнеса и граждан и какие меры востребованы? Какие международные проекты сотрудничества уже реализуются и планируются к запуску?

Bankruptcy is one of the fastest-evolving areas of law, largely driven by extensive judicial practice. The high level of conflict among participants in bankruptcy proceedings generates numerous legal issues that require timely and effective resolution by the courts. Courts must find ways to settle disputes even in the absence of clear regulatory guidance. Does this mean that courts are increasingly taking on a “legislative” role in bankruptcy law, effectively shaping not only the application but also the creation of new norms, which are the most critical part of the system’s architecture? In addition, renewed discussions about major bankruptcy reform raise the question of a new distribution of influence over the procedure among various actors. What role should courts play in this system? Should they act as neutral observers in creditor-debtor relations, or, recognizing the impossibility of agreement amid conflicting interests, should they take a more active role in solving problems and ensuring fair outcomes?

The ready-to-eat food market is currently the most dynamic segment within the entire food industry. Increased consumption and the emergence of new formats (dark kitchen, marketplaces, delivery services, etc.) require a clear legal definition and a modern harmonized regulatory system. Which regulatory models are the most viable in the current conditions? How should the control and food safety system for new-generation ready-to-eat food be structured?

Many foreign companies are afraid to invest and do business in Russia due to the risk of secondary sanctions. This issue needs to be discussed and studied, and effective tools must be developed to mitigate such risks. The imposition of foreign sanctions on domestic businesses has resulted in numerous practical problems, such as how a sanctioned company should continue doing business and how it should restructure. It is crucial to discuss this situation, study the experience of Russia’s partners, and develop additional mechanisms to minimize the consequences of external restrictive measures. Clients, contractors, and foreign partners have been regularly raising this issue for a long time. They remain relevant and require additional discussions and the development of new mechanisms and methods to minimize the effects of unilateral sanctions. What are some of the new mechanisms and methods that aim to minimize the negative impact of unilateral sanctions? How can we improve international interaction and dialogue between Russian and foreign businesses, as well as government officials?

The Russian economy faces the strategic task of boosting the role of the stock market as a source of investment and doubling its capitalization by 2030. The role of retail and foreign investors, and financial institutions, including banks, is of significance as part of this process. Of major importance are the legal conditions for participation by these investor categories in the investment process. What are the possible legal guarantees for new investments on the Russian financial market? Which tools and possibilities are in short supply? Which legal solutions and stimulating measures may be needed for developing the market architecture?

Legal awareness and a proper level of legal culture are crucial to the ability to protect a collective interest. The institution of class actions, which was introduced into the Russian Arbitration Procedure Code in 2009 and the Civil Procedure Code 10 years later, has taken some time to develop, but has started to evolve. In recent years, the number of class actions has been increasing and will only continue to grow. An analysis of judicial practice shows there are a number of initiatives that could make this institution a more effective means of protection for all parties. How is this institution developing? What difficulties do companies face? What areas of business are most affected and how can class actions impact risk assessments of a company’s operations?

Foreign businesses are currently trying to find a balance between confrontation and attempts at cooperation in their corporate relations with Russian businesses. On the one hand, given the unilateral restrictive measures imposed by unfriendly states, many foreign shareholders have begun abusing their corporate rights or have abandoned their business in Russia altogether. In response, new mechanisms have emerged to protect Russian businesses during emergencies, such as the suspension of corporate rights or temporary management of property, while existing instruments have become more widespread, such as joint liability for Russian and foreign individuals of the same group or limiting payments. On the other hand, Russian businesses continue to successfully set up joint ventures with foreigners. Many foreign companies that left Russia in 2022 are already considering a return. In addition, it cannot be denied that foreign shareholders have a positive influence on corporate governance. Are the accusations justified that these measures do not comply with the Russian Constitution and international law? How can we find a balance between protecting Russian businesses and maintaining the appeal of the market for foreign investors? In what cases can the Russian companies of foreign groups be held liable for violations by foreign companies? Under what conditions can foreign businesses return to Russia? What difficulties do Russian businesses face when creating joint ventures with foreigners in the current conditions?

Thanks to a streamlined mechanism that describes requirements for taxpayers using a single centralized glossary, the Russian Federal Tax Service has a well-structured data array that suggests there are certain pain points in relations with taxpayers. This helps develop a constructive dialogue to resolve disputes between the tax authorities and taxpayers. The dispute review practice, as well as major work to study and classify appeals from individuals and organizations, shows that not everyone is comfortable with the procedure of a higher tax authority considering complaints. What can we learn from the practice of applying the institution of a reasoned opinion in tax monitoring? What legal guarantees might there be for obtaining a reasoned opinion? As a tool for reducing tax conflicts, should the Russian Tax Code have an agreement between the taxpayer and the tax authority on establishing factual circumstances as an analogue of a settlement agreement in arbitration courts? What alternative procedures for resolving tax disputes can be proposed at the administrative stage to reduce tax conflicts?

The Red Book compiles data on the current status of rare and endangered plant and animal species. For a long time, it has been the primary tool for nature conservation. The first edition of the USSR Red Book was published in 1978; before that, species protection was mainly governed by local regulations, primarily hunting law that restricted the capture of certain animals. After the collapse of the USSR and the transition to a new legal system, the Red Book’s role became more declarative than legally binding for a time. It was only in 1995, with the adoption of the Federal Law “On the Animal World,” that it regained legal status. The first edition of the Russian Federation’s Red Book was published in 1997. Around the same time, with support from international conservation organizations, Russia began compiling regional Red Books. Alongside conservation law, hunting legislation and the hunting industry also evolved. Gradual relaxation of requirements, advances in technology, and rising living standards made hunting more accessible and popular. As the number of hunters grew, so did the share seeking distinction, aiming for rarer trophies than others. Are rare animals merely a resource or a national treasure? In which countries have attempts been made to conserve rare animals by permitting hunting? What methods for removing problem predators are most effective for both public safety and species conservation? Is a compromise between protecting rare species and hunting them even possible?

All lawyers are familiar with the institution of major transactions and related-party transactions. The fate of companies depends on the proper application of the rules on qualifying such transactions and the procedure for executing them. The price for a simple error may be the invalidation of the transaction with the ensuing consequences. Established legislative and regulatory enforcement practices could help with a possible revision of existing regulation. There are currently limitations on the application of the institution of major transactions to non-profit organizations that differ from the regulation established for business entities. However, mechanisms are needed to prevent abuse and ensure the transparent use of funds when non-profit organizations engage in socially significant activities. Do business entities have to comply with the quantitative criterion of a major transaction? What role is played by the institution of company charters establishing a limitation on a director’s powers to conclude transactions? Do the rules on major transactions and related-party transactions at commercial and non-profit organizations need to be unified?

Growing social inequality, the transformation of the labour market, the expansion of flexible forms of employment, and the greater role played by judicial practice have all put labour law in the spotlight as a key tool for ensuring social sustainability. Worker protection needs to be strengthened and a more balanced approach to regulation needs to be built, taking into account the specifics of major employers, partially state-owned companies, as well as industries with special risks. Legislation often lags behind real changes in labour relations, and the legal process is increasingly what sets the trajectory for further development. What legal solutions help reduce social risks for business and the state? Is a new regulatory model needed for major and infrastructure employers? How can we ensure decent working conditions amidst economic instability? Where is the line of acceptable flexibility in labour relations? What role should courts play in creating a predictable legal environment?

With each passing year, the climate agenda is taking on a greater role in international legal and economic relations at all levels – international, national, and corporate. However, the wide range of options for the development of climate regulation mechanisms has led to serious legal uncertainties, where national law and international obligations sometimes collide. Trade and non-trade barriers are increasingly being introduced under the guise of combatting climate change, which could have a major impact on the trade competitiveness of numerous sectors of the Russian economy. For Russia, it is important to offer its own solutions that will not only reduce export risks from such mechanisms, but will also help to achieve key national strategic goals in the long term. How can we ensure the adaptability of Rusia’s national climate policy to changes in the international legal framework, while minimizing risks to the economy and making a significant contribution to the fight against climate change? How can we maintain the pace of economic growth while achieving carbon neutrality? How can Russian carbon units be legalized in foreign markets? What is Russia’s position on transnational carbon mechanisms? What are the prospects for Russia taking its disputes to the WTO and possible alternative approaches to payment calculation methodologies?

How have judicial practices for holding directors and officers liable in Russia developed? How effective are the existing insurance mechanisms at protecting the interests of executives and how should they be improved right now? Is the legal system mature enough to resolve liability insurance disputes? How do political risks influence changes to underwriting? What is the outlook for creating an integrated platform solution for unified risk assessment and developing new tools to protect the interests of the members of governing bodies?

Ensuring reliable, high-quality, and affordable power supplies is an essential condition for growth in the Russian economy and for people to lead a comfortable life. To achieve these goals, one of the most important tasks is to consolidate the country’s power supply network. Factors that predetermine the specific features of the environment in which power supply companies operate include global trends in the development of the industry, the Russian government’s goal of achieving a new technological level in the power supply network, and changes in electricity consumption models.