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Digest 128

February 27, 2020 Subsribe

SPBILF 2020 News

The amendments to the X SPBILF preliminary Business Programme has been published – see, what’s new! Traditionally, the discussion sessions and roundtables are divided into thematic tracks.

LF Skills Academy is a new initiative that will be introduced at the jubilee Forum. A truly new format for Business Programme events will encompass master classes by the prominent hands-on experts from all over the world. LF Skills Academy is a set of practically oriented masterpiece discussions which aim to give legal professionals a set of instruments to use in most sophisticated cases, and also lead to accidental insights and new inspiration to deal with daily routines.

Official Business Programme thematic tracks

  1. Smart Society. Digital Economy
  2. Legal Profession. Legal Department Management. Notary
  3. LF Skills Academy
  4. Dispute Resolution. Litigation and Arbitration Practice. Execution of Courts’ and Arbitral Decisions
  5. International Law. International Justice. Rule of Law. Constitutional Law
  6. International Trade Law
  7. Сulture. Science. Education
  8. Private Law. Family Law. Private Clients
  9. Corporate Law
  10. Investments. Real Estate. Industry-Specific Legislation
  11. Pharmaceutics
  12. Antimonopoly Regulation. Tax and Customs Regulation. Public Procurement

Delegates from 61 countries have already registered to SPBILF – don’t miss out!

X SPBILF Delegate List includes  ►

X SPBILF tentative Business Programme  ►




SPBILF 2020 One Day Accompanying Person Package

Accompanying someone to X SPBILF, but visiting for a couple of days only? See magnificent perfomance by Sergei Polunin, meet & greet friends on Legal Island or enjoy art nuveau beauty of Vitebsky Railway Station at Gala Dinner with our special One Day Accompanying Person package.

The registration is proceeded in the Personal Office of the delegate providing that the application of the delegate is confirmed.

The package includes admittance to all official cultural events of the Forum during one chosen day. Accompanying Person can choose a day for participation prior to the beginning of the Forum, when the final agenda of the SPBILF 2020 is published. 

See the conditions of participation ►

Get an overview of SPBILF 2020 official cultural events ►




Interesting Facts About the SPBILF Hotels

Saint Petersburg hotels as much as the city itself has many mysteries and amusing stories – it is our pleasure to share those with SPBILF guests.

Official and recommended hotels of the IX St. Petersburg International Legal Forum offer attractive rates on accommodation for SPBILF participants. Hotel reservations is available via your Personal office, see the list of hotels ►

Grand Hotel Emerald

Grand Hotel Emerald is located in the historic St. Petersburg, where languid charm of the old downtown is intertwined with vibrant spirit of business; the hotel is a few minutes’ walk to the famous Nevsky avenue and Moskovsky Railway Station, the Smolny Convent, the Taurid Garden and other sights.

This downtown area has lots of sightseeing perks; the Hotel itself is located on Suvorovsky avenue – a principal city road. The avenue was laid in the mid. 18th century. Since 1789 it was called Ivory street. The name takes its origin from a large menagerie nearby on the Znamenskaya (now named Vosstaniya) square where you are going to find Oktyabrskaya Hotel nowadays. The menagerie used to house elephants that had been sent as a gift by an Indian ruler to Empress Anne of Russia. In 1900 the avenue was renamed into Suvorovsky avenue to mark 100 years since the death of Prince Alexander Suvorov, the outstanding Russian military leader.

The Rozhdestvensky garden is just a few steps away from the Hotel; there you may find the Cathedral of the Nativity of Christ in Peski (also known as the Christ Nativity Church), a destroyed and now reconstructed masterpiece of religious architectural. The cathedral was constructed between 1781 and 1787 by architect Peter Egorov in strictly Classical style. Notably, the cathedral was an urban planning dominant, as well as a spiritual center for the area around the Rozhdestvensky garden. Later the cathedral was blasted by the Soviets. Nowadays the cathedral is in its final stage of reconstruction and revival; very soon citizens and guests of the city will be able to see the architectural monument in its pristine view.

It is a no less amazing historical fact that earlier in the place of the Hotel there was the Soviet Cinema – the one represented at the Lost Cinemas exhibition organized in Dom Kino (House of the Cinema) in 2018. 

Grand Hotel Emerald is a most favored place to stay among Russian stars of stage for its highest standards of service, customized approach to guests and location close to the popular Oktyabrsky Grand Concert Hall.



About SPBILF 2020 Discussion sessions

With the SPBILF 2020 fast approaching we start a column providing details of themes which will become the key topics to discuss at the Forum.

Discussion session “Application of International Humanitarian Law and International Human Rights Law in an Armed Conflict” ►

Discussion session “Legislative Reform: Judge’s Discretion and Case Law in Criminal Proceedings” ►

Discussion session ”Insolvency as Source of New Losses. Preventing Abuse in Bankrupts’ Day-to-Day Operations” ►




“Attempts at co-application of international humanitarian law and international human rights law in armed conflicts may cause challenges both to the integrity of these rules themselves and to institutions”

Discussion session “Application of International Humanitarian Law and International Human Rights Law in an Armed Conflict”

The International and Comparative Law Research Center is organizing a round-table “International Humanitarian Law and International Human Rights Law: Interplay and Collisions”. 

The purpose of the event is to discuss the complex relationship between IHL and IHRL, in particular, issues arising in situations of armed conflicts. This matter has repeatedly become the subject of examination in international courts, and the current practice, far from being harmonized, reveals challenges that attempts at their co-application may cause both to the integrity of these rules themselves and to institutions seeking to apply them to armed conflicts and in their aftermath. As such, the following questions may arise:

  • What is the relationship between IHL and IHRL? How should the relevant sets of rules be applied? How can conflicts arising from concurrent application of those rules be resolved?
  • If some IHRL instrument is still applied in an armed conflict, how does one establish the scope of states’ obligations (taking into account the fact that it is clearly impossible to observe all guarantees in a battlefield)? How rules of an IHRL instrument effective within the context of an armed conflict can still be applied, if its provisions contravene applicable IHL rules?
  • What features should a forum competent to apply IHL possess? In what way (and to what degree of detail) should the facts be established in order to apply IHL rules in a correct manner?

Panellists, who include legal authorities from amongst academics and practitioners, will offer their vision of approaches to, limits of, and hurdles in the way of resolving conflicts between the IHL and IHRL. They will discuss theoretical and practical issues of striking a balance between applicable rules of the two branches of law, and possibilities of their concurrent application.



“The certainty and predictability of legal regulations on criminal responsibility for economic crimes, and their respective enforcement, have a significant impact on business activity”

Discussion session “Legislative Reform: Judge’s Discretion and Case Law in Criminal Proceedings”

Today, with the implementation of large-scale national projects and the constant search for areas of new economic growth, ensuring that legal regulations are up to date and consistent with the rapid pace of economic development is becoming increasingly important. It is no secret that the certainty and predictability of legal regulations on criminal responsibility for economic crimes, and their respective enforcement, have a significant impact on business activity. The past year was marked by high-profile criminal cases revealing a number of problems that must be promptly resolved, including the adequacy of liability for foreign currency regulation breaches, protecting the rights of those engaged in capital amnesty and determining the limits of judicial discretion in criminal cases. 

We invite you to discuss the above and other issues important to reforming criminal procedure: 

  • Fast facts: legislative amendments and key trends in the enforcement practice as related to criminal responsibility for the nonrepatriation of funds and money transfers to non-resident accounts using forged documents (Article 193.1 of the Russian Criminal Code);
  • Evidence assessment by courts in cases over economic crimes;
  • The Impact of the classification of a crime on the measure of restraint and other measures of procedural compulsion to be applied as demonstrated by economic crimes;
  • Property valuation as key evidence of an economic crime: what to do? 
  • Prosecution of cartels: recent developments in antitrust regulation and criminal case law.

Victoria Burkovskaya, Doctor of Laws, Partner at Egorov Puginsky Afanasiev & Partners will moderate the discussion.

“To gain benefits from the immunity to collection, a business model is built where debtor becomes the centre of losses“



“To gain benefits from the immunity to collection, a business model is built where debtor becomes the centre of losses“

Discussion session ”Insolvency as Source of New Losses. Preventing Abuse in Bankrupts’ Day-to-Day Operations” ►

Insolvency proceedings are widely used by persons controlling a debtor in a particular procedure to gain benefits from the immunity to collection. 

For such purposes, a business model or maintained where the centre of losses is a debtor and the centres of profit are middleman organisations supplying commodities and materials at an overvalue or purchasing products at an undervalue on the terms of a trade loan, which is usually non-collectable. Customer-furnished raw materials schemes or rent of an entire production complex are also used.

As a result, a debtor gets money only enough to pay salaries and receiver's costs at best. Money to pay costs required to maintain business activities (taxes, utility bills and charges for resources) is insufficient.

The difference between the market price and production costs (net of taxes and charges for resources) represent the income of those who control this process gained to the detriment of creditors in respect of current payments.

Such a behaviour model also significantly affects creditors in insolvency as it implies that insolvency proceedings will be dragged out, including the sale of insolvency estate, to increase the period of earning such income. Furthermore, growing current debts substantially reduces payment of the claims admitted to the register of creditors’ claims.

Case law contains examples of potential reactions to such facts. Courts resist violations of priorities in making current payments. Insolvency practitioners’ conduct as they fail to collect current accounts receivable and actually transfer a business to third parties is also being ruled unlawful. 

For comprehensive discussion of this problem and ways to solve it, we propose to consider a wide range of measures to resist such developments, from prevention of knowingly loss-making business to better efficiency at curbing crimes that cause damage to a debtor and its creditors.

The session will be chaired by the Federal Tax Service of the Russian Federation.