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Automotive

The automotive industry is experiencing many challenges. Globalization, enormous competition, pressure to reduce prices and costs, environmental standards and changing rules and regulations are just some of the tough developments we are helping our clients to face.

Our automotive group was created to provide an integrated service to meet the needs of automotive clients across the industry ranging from manufacturing through to distribution, retail and after-market services.

Clients can benefit from our breadth and depth of legal skills, knowledge and experience gained from advising automotive clients throughout Russia and Europe, offering an integrated service and "one stop shop" for clients with an international presence.

We have advised the leading international automobile groups on several major projects for the construction of manufacturing facilities in various regions of Russia. All projects include extensive advice on construction agreements, investment contracts with local administrations and infrastructure related agreements etc. Good relationships with local authorities and lobbying bodies have been established in many regions.


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08/04/2022
Bill in­tro­duced in Rus­si­an State Duma al­low­ing sus­pen­sion and ter­min­a­tion...
On 22 March 2022, Pavel Krashe­n­in­nikov, Head of the State-build­ing and Le­gis­la­tion Com­mit­tee of the Rus­si­an State Duma, sub­mit­ted a bill*, which makes it pos­sible to ter­min­ate and sus­pend ob­lig­a­tions due to sanc­tions im­posed on Rus­sia. The bill also es­tab­lishes the pos­sib­il­ity for parties to be re­leased from li­ab­il­ity for breach of con­tract.The fol­low­ing de­scribes this le­gis­lat­ive ini­ti­at­ive in more de­tail:Ter­min­a­tion of ob­lig­a­tion­sAc­cord­ing to the bill, an ob­lig­a­tion is ter­min­ated in full or in part if its per­form­ance “ob­ject­ively be­comes defin­it­ively im­possible” “in the con­text of ‘un­friendly’ ac­tions of for­eign states and in­ter­na­tion­al or­gan­isa­tions as­so­ci­ated with the im­pos­i­tion of re­strict­ive meas­ures” against Rus­si­an in­di­vidu­als and com­pan­ies (i.e. for­eign sanc­tions).Ex­emp­tion of li­ab­il­ity for breach of ob­lig­a­tion­sThe bill provides an ex­emp­tion from li­ab­il­ity for a breach of ob­lig­a­tion for a per­son who proves that prop­er per­form­ance has “ob­ject­ively proved to be tem­por­ar­ily im­possible” in the con­text of for­eign sanc­tions. In this case, the ob­lig­a­tions se­cur­ing the de­faul­ted trans­ac­tion are also un­en­force­able un­less the parties agree oth­er­wise after the bill comes in­to force.Ter­min­a­tion of con­tractThe bill in­tro­duces the right to uni­lat­er­ally ter­min­ate a con­tract if the oth­er party to the con­tract has not per­formed, or per­formed im­prop­erly, its ob­lig­a­tion be­cause such per­form­ance is tem­por­ar­ily im­possible in the con­text of sanc­tions. The party au­thor­ised to do so must give a ter­min­a­tion no­tice to the oth­er party with­in a reas­on­able time. The col­lat­er­al se­cur­ing the ob­lig­a­tions of the parties, which shall sur­vive the uni­lat­er­al ter­min­a­tion of the con­tract or are con­nec­ted with the ter­min­a­tion, shall con­tin­ue to ex­ist, un­less oth­er­wise provided for by law or the con­tract.Se­cur­ity de­positThe bill sub­stan­tially mod­i­fies the treat­ment of se­cur­ity pay­ments.  Un­der this draft law, after 23 Feb­ru­ary 2022, the parties may enter in­to an agree­ment for a se­cur­ity pay­ment to se­cure oth­er ob­lig­a­tions. The pay­ment could con­sist of the de­pos­it of shares, bonds, oth­er se­cur­it­ies or gen­er­ic items.Re­pay­ment by Rus­si­an joint-stock com­pan­ies of loans is­sued by their for­eign con­trolling per­son­sThe bill en­titles Rus­si­an joint-stock com­pan­ies, in­stead of re­pay­ing a loan to lenders who are for­eign con­trolling per­sons of such com­pan­ies, to place ad­di­tion­al shares of a cer­tain cat­egory or type in fa­vour of such lenders. At the same time, joint-stock com­pan­ies are al­lowed to is­sue pref­er­en­tial shares whose nom­in­al value may ex­ceed 25% of the share cap­it­al.The bill does not re­quire proof of a caus­al link between the im­pos­i­tion of sanc­tions and the de­cision to place ad­di­tion­al shares in fa­vour of a lender in­stead of re­pay­ing the loan and pay­ing in­terest on it.Pro­tec­tion not for al­lAc­cord­ing to the bill, the above sup­port meas­ures do not ap­ply to per­sons who “con­trib­uted to the ‘un­friendly’ ac­tions of for­eign states and in­ter­na­tion­al or­gan­isa­tions re­lated to the im­pos­i­tion of re­strict­ive meas­ures” against Rus­si­an in­di­vidu­als and or­gan­isa­tions. The bill does not cla­ri­fy ex­actly what is meant by “con­trib­ut­ing”.Let­ter from the Cham­ber of Com­merce and In­dustry of the Rus­si­an Fed­er­a­tion­In con­nec­tion with the bill, the Cham­ber of Com­merce and In­dustry of the Rus­si­an Fed­er­a­tion has sus­pen­ded its re­view of ap­plic­a­tions for the is­su­ance of find­ings of force ma­jeure un­der con­tracts that were con­cluded with­in the frame­work of do­mest­ic eco­nom­ic activ­ity in con­nec­tion with sanc­tions on for­eign com­pon­ents and equip­ment (Let­ter No. PR/0181* of the Cham­ber of Com­merce and In­dustry of the Rus­si­an Fed­er­a­tion dated 22 March 2022).* In Rus­si­an
14/03/2022
The Mo­scow of­fice of CMS to con­tin­ue as an in­de­pend­ent law firm
Dear FriendsWe have been through a lot dur­ing 30 years in Rus­sia. Now a dif­fi­cult de­cision has been taken by CMS to leave the Rus­si­an mar­ket. We are grate­ful to our in­ter­na­tion­al col­leagues for their...
28/01/2022
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.
01/11/2021
Do­ing busi­ness in Rus­sia
This is the new edi­tion of the CMS Do­ing busi­ness in Rus­sia guide. 
10/06/2021
CMS Rus­sia earns a re­cord num­ber of re­cog­ni­tions by Best Law­yers 2022
Strong re­cog­ni­tion by the rank­ing 32 CMS Rus­sia ex­perts have been se­lec­ted for in­clu­sion in­to the 2022 edi­tion of the Best Law­yers rank­ing. In total, we have earned 74 re­cog­ni­tions by the rank­ing :Ant­on...
26/01/2021
Most awaited leg­al de­vel­op­ments of 2021
CMS Rus­sia ex­perts have pre­pared their an­nu­al se­lec­tion of the most awaited leg­al de­vel­op­ments in Rus­sia in 2021.You can read de­tailed art­icles and re­com­mend­a­tions by our ex­perts on the forth­com­ing changes...
15/09/2020
Do­ing busi­ness in Rus­sia 2020
As part of our un­der­tak­ing to cre­ate ad­ded value for cli­ents, our pro­fes­sion­als have put to­geth­er this in­tro­duct­ory guide to the Rus­si­an leg­al sys­tem and the prin­cip­al laws and reg­u­la­tions that are of in­terest to in­vestors in this chal­len­ging but op­por­tun­ity-full mar­ket. It is of course no sub­sti­tute for the ex­pert ad­vice tailored to your pro­ject that we will be pleased to provide to you on re­quest.Rus­si­an le­gis­la­tion is chan­ging rap­idly. Al­though this guide de­scribes the laws as of 1 Janu­ary 2020, please con­tact us to check that it re­mains up-to-date. We would also re­com­mend that you sub­scribe to our free on­line ser­vice CMS Law-Now through which you will re­ceive our leg­al and tax eAl­erts. Jean-François Mar­quaire (Man­aging Part­ner)Le­onid Zubar­ev (Seni­or Part­ner)
04/06/2020
CMS Rus­sia earns 58 re­cog­ni­tions by Best Law­yers 2021
Strong re­cog­ni­tion by the rank­ing 26 CMS Rus­sia ex­perts have been se­lec­ted for in­clu­sion in­to the 2021 edi­tion of the Best Law­yers. In total, we have earned 58 re­cog­ni­tions by the rank­ing:Ant­on Bankovskiy...
13/03/2020
CMS Rus­sia keeps its strong po­s­i­tions in Cham­bers Europe 2020
Awar­ded leg­al ad­vice CMS Rus­sia has been ranked by Cham­bers Europe 2020 in the fol­low­ing cat­egor­ies:Bank­ing & Fin­ance | Band 3Com­pet­i­tion/An­ti­trust | Band 3Cor­por­ate/M&A: High-End Cap­ab­il­it­ies | Band...
26/02/2020
CMS Rus­sia ranked among top law firms in Rus­sia by Kom­mersant
Awar­ded leg­al ad­vice The na­tion­al rank­ing Kom­mersant in­cluded CMS Rus­sia in­to its rank­ing of the top law firms in Rus­sia for the first time.CMS Rus­sia was ranked across 19 cat­egor­ies: Bank­ing & Fin­ance­Com­pet­i­tion Cor­por­ate/...
14/02/2020
CMS Rus­sia ac­com­plishes strong show­ing in Cham­bers Glob­al 2020
Awar­ded leg­al ad­vice One of the lead­ing leg­al dir­ect­or­ies Cham­bers & Part­ners has pub­lished its rank­ing Cham­bers Glob­al 2020. CMS Rus­sia has been ranked in the fol­low­ing cat­egor­ies:Bank­ing & Fin­ance...
07/06/2018
The law on counter-sanc­tions now in force
On 4 June 2018, Fed­er­al Law No. 127-FZ “On Meas­ures (Coun­ter­meas­ures) against Un­friendly Ac­tions of the United States of Amer­ica and Oth­er For­eign States”* (the “Counter-sanc­tions Law”) came in­to...