“Such issue actually exists and it is most likely caused by a mere controversy in documents, as is often the case when they set very broad criteria and companies that have nothing to do with a specific activity are also included in the list. Still worse, there is no one single solution to this problem”, told to Radi Doma PRO Denis Frolov, Head of Litigation and Arbitration Practice, BMS Law Firm.

According to the expert, in order to exit the list, Glavgosexpertiza (Main Department of State Expertise of Russia) recommends addressing Minstroy (The Ministry of Construction). However, this procedure is not regulated on the legislative level, so the probability of refusal is high. It is still not clear what sanctions are to be applied if no report is submitted. Denis Frolov believes that Article 19.7 of the Administrative Offenses Code “Failure to Provide Data (Information)” (penalized by a fine of 3 thous. – 5 thous. RUR for legal entities) or Article 19.7.1 of the Administrative Offenses Code “Failure to Provide Data or Provision of Intentionally Misleading Data to a Regulatory Authority Exercising State Control (Supervision) Over State Regulated Prices (Tariffs)” may be applied to “violators”. A fine imposed in this manner may then be challenged.