If payments are to be made in foreign currency, Russian rules on regulation and exchange control require that the Russian trader have a “transaction passport” with his bank. To prove that payment is legal, local banks may require a copy of the signed distribution contract (Federal Law 173-FZ “On Foreign Exchange Regulation and Control,” December 10, 2003). The merchant must also provide the bank documents confirming the transaction and acceptance of the products received by the supplier. The instructions of the Bank of Russia No. 3016-U of June 14, 2013 changed certain aspects of the procedure for obtaining the transaction passport (for example. B the specifications of the documents to be provided when applying for a passport). With respect to fixed costs, the Supreme Court stated that the distributor should have explained why the stoppage of the distribution of mint suckers and mines did not reduce costs, given the specific organisation and internal procedures. According to the Supreme Court, this allegation may apply only to a limited portion of fixed costs, so the distributor has not provided sufficient information in this regard. It was therefore not possible to determine whether the proposed estimation method yields viable results. As a general rule, distribution can be defined as an agreement under which a party engaged in a commercial activity related to the sale of property (the trader) agrees to repay the losses in the event of early termination of the contract.
Given the above, it is unlikely that a disclaimer can be imposed by mutual agreement between the supplier and the distributor for the supply of defective goods or services under Russian law. If the distributor holds goods from the supplier and the distribution contract provides that the ownership is transferred from the supplier to the distributor in the event of payment of the purchase price of the goods, one of the following results applies when the distributor is in default: 6. The distributor`s agreements of July 18, 1972 and February 11, 1977 contain the following clauses 20 and 23 , which provide for termination 6. The distributor`s agreements of July 18, 1972 and February 11, 1977 contain clauses 20 and 23, 6. The distributor`s agreements of July 18, 1972 and February 11, 1977 contain clauses 20 and 23 below providing for termination: 6. The distributor`s agreements of July 18, 1972 and February 11, 1977 contain the following clauses 20 and 23 6. The distributor`s agreements of July 18, 1972 and February 11, 1977 contain the following clauses 20 and 23 providing for termination: 6. The distributor`s agreements, the terms of which justify the issue in the complaint: if the right of ownership is paid by the supplier to the distributor at the time of the delivery of the product and the goods were paid before the distributor`s insolvency. , the purchase price may be invoked in the context of an insolvency proceeding.
11. At a preliminary conference, it was agreed that the termination of the distributor`s contracts of 18 July 1972 and 11 February 1977 would have taken place in accordance with Article 23 of the agreements and not clause 20, in accordance with the provisions of the notice of 11 February 1980.