Legal developments that may affect your business in 2022

CMS Russia experts have prepared their annual selection of the most significant legal developments that may affect your business in Russia in 2022.

Advertising

• On 1 September 2022, Russia will have a unified advertising labelling system, which will be set up and maintained by Roskomnadzor.

Banking system

• Amendments to anti-money laundering and counter-terrorism financing legislation will come into force on 22 March 2022, introducing measures to assess the level of risk of customers making suspicious transactions and assign customers to a risk group for making suspicious transactions based on the risk level.
• From 11 January 2022, the Bank of Russia is entitled to establish operational reliability requirements for the provision of financial services by credit and non-credit financial institutions.

Data protection

• The entry into force of the provisions on the possibility of collecting and processing biometric personal data in private systems has been postponed until 1 September 2022. The provisions were originally scheduled to come into force on 1 January 2022.

Dispute resolution

• The operation of Russian courts has become more digitalised. From 1 January 2022, procedural document can be filed with the courts via the gosuslugi portal. As of that date, a law went into force regulating online hearings to enshrine the judicial practice that had developed.
• As of 10 January 2022, the list of grounds for a case to be reviewed again in court was expanded. When the Russian Constitutional Court declares that the statutory act on the basis of which a judicial act has been issued is deemed unconstitutional, this becomes a reason to review any similar cases (and not only the case whose participant had brought proceedings before the Russian Constitutional Court).

E-commerce

• From 1 January 2022, IT giants must set up a branch, open a representative office or establish a legal entity in the Russian Federation.
• From 1 January 2022, only the Russian Federal Tax Service may produce qualified electronic signatures for legal entities, individual entrepreneurs and notaries. From 1 March 2022, companies and individual entrepreneurs will have to use machine-readable powers of attorney when employees are acting under a power of attorney in the context of electronic document workflow.
• In 2022, more Russian software must be pre-installed on smartphones, tablets, computers and other devices.

Employment and migration

• At the end of 2021, most of the provisions of a law came into force, which establishes the procedure for electronic document workflow in labour relations. See the CMS Russia eAlert Russia amends labour legislation on electronic document workflow
• Starting from 29 December 2021, foreign nationals must periodically undergo medical examinations, and go through one-time fingerprint registration and photographing. See the CMS Russia eAlert Russia to require some foreign nationals to undergo medical exams, fingerprinting and photographing

Environment and climate change

• Owners of certain production facilities that are being decommissioned must take into account recently introduced amendments to the Law on Environmental Protection addressing the elimination of any accumulated environmental damage.
• On 30 December 2021, the Law “On limiting greenhouse gas emissions” came into force, which establishes a list of measures limiting greenhouse gas emissions, defines the powers of public authorities, issues standards for maximum permissible emissions and outlines the general provisions for the implementation of climate projects. See the CMS Russia eAlert Russia publishes law on limitation of greenhouse gas emissions

Intellectual property

• In December 2022, the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications (GIs) will come into force. Russian companies will be able to register exclusive rights to appellations of origin and GIs abroad, and protect them with Russian registration.
• From 1 January 2022, the employer's obligations in relation to employees who have created an invention, utility model or industrial design have changed: the time limit for filing a patent application has been increased, and a mandatory notice to the employee on early termination of the patent has been introduced.
• Intellectual property created in the performance of a state or municipal contract are subject to new rules as of 1 January 2022. The circumstances have been defined under which the right to intellectual property accrues to the purchaser rather than to the contractor.

Lending

• From 1 January 2022, the Bank of Russia is entitled to set, on an interim basis by decision of the Board of Directors, a maximum quota for lending and microfinance institutions to issue, and receive receivables on, certain consumer loans and credits.

Life sciences & healthcare

• From 1 January 2022, new medical devices are to be registered according to EAEU rules instead of national regulations. However, it is expected that national rules will later be re-established and will remain in force until the end of the year. Read more about the status of the national registration in the CMS Russia eAlert National marketing authorisations for medical devices will remain valid after 31 December 2021

Public-private partnerships

• The Russian government has amended the procedure for modifying the terms of concession agreements and federal and municipal PPP agreements related to increases in the cost of contracts due to rising costs of construction materials. Contracts concluded before 1 January 2022 are affected.
• On 10 January 2022, a law came into force that creates more favourable conditions for attracting investment in heat, water and wastewater facilities by transforming lease agreements into concession agreements on a non-competitive basis.

Public procurement

• On 1 January 2022, the public procurement procedure changed significantly. Instead of 11 competitive procurement methods, there are now only three: tender, auction and electronic request for quotation. Participants also need to fulfil additional requirements, including cost pre-qualification obligations in cases established by law.

Real estate and construction

• This year, businesses have time to study the newly adopted provisions of the Russian Civil Code on immovable property and proprietary rights, most of which will come into force in March 2023. We will report in detail on this development in an eAlert.
• On 1 September 2022, a law will come into force simplifying the procedure for developers to register their rights to permanent buildings and structures. The innovations are aimed at reducing administrative barriers for developers and improving the investment climate in Russia.

Tax

• On 1 January 2022, amendments to the double tax treaty between Russia and Luxembourg came into force, and the double tax treaty between Russia and the Netherlands ceased to have effect. See the CMS Russia eAlert Russia announces denunciation of DTT with the Netherlands
• The possibility of applying the 50% threshold to losses carried forward to calculate corporate income tax has been extended from 1 January 2022 to the end of 2024. See the CMS Russia eAlert Amendments to the Russian Tax Code: what are their ramifications on businesses?

And the most important development of 2022 for us at CMS is the 30th anniversary of the firm’s presence in Russia. Since 1992, CMS Russia has been supporting its clients in this rapidly developing and challenging economy. We have worked hard to help our clients both anticipate changes and face the future with confidence.

For further information, please email the key contacts or your usual contact at CMS Russia.