The Gazette 1993

GAZETTE

GEM N

JUNE 1993

Bloc should not be surprised by the

changing nature of the regulations

governing commerce, the different

and, at times, unorthodox methods

of implementing same. Such matters

as import and export taxes and

licences come and-go and change as

the government adjusts to a market

economy. Implementation of

regulations can also be carried out in

a draconian and unfair way. In many

cases the authorities such as Revenue

and Customs have the powers to

freeze bank accounts and order

deduction of taxes before the

company can exercise any right of

appeal. To overcome these problems

it is necessary to be very vigilant of

the companys' affairs and have local

advisors to keep you closely aware of

the trends of local authorities.

Taxation law in Russia is being

developed very quickly and

corporation, income and value added

taxes are in force and at high rates.

It is necessary for foreign investors

to look closely at international

company structures to minimise their

tax implications. Unfortunately

Ireland does not have a Double

Taxation Treaty with Russia. One is

in the process of being drafted but is

not expected to be completed until

the end of 1993.

Local legal consultancy firms did not

exist in Moscow before Perestroika

and so many of those that exist are

very inexperienced in commercial

law, uninsured and badly organised.

A number of UK, US and other

Western accountancy and law firms

have established Moscow offices

employing largely Russian

accountants and lawyers.

Persistence & patience

Any Irish lawyer advising clients

doing business in Moscow would be

well advised to take local advice but

also to insist on grafting as much

Western commercial documentation

and practice as possible into the

Russian system. It is imperative to

insist on directing the Russian

partners' advisors and bureaucrats in

a commercial direction and refusing

to take no for an answer.

In this article I have confined most

of my comments to Russia which is

the most complex of all the post

Communist countries, the same

applies to advising clients doing

business in other Eastern Bloc

countries though to a lesser

degree.

*Julie Sadlier, Solicitor; provides a

legal consultancy service on doing

business in Eastern Europe.

•

Law School Professional Courses

Solicitors and apprentices are

requested and urged to note that the

Education Committee of the Society

has decided the dates for the

remaining Professional Courses in

1993 and in 1994. These are:

33rd Professional Course

8 June - 8 October, 1993

34th Professional Course

1 November, 1993 - 28 February,

1994

35th Professional Course

21 March - 13 July, 1994

36th Professional Course

22 August - 14 December, 1994

The timetable for the 33rd

Professional Course includes a two

week break during August, 1993.

The terminal date in each case is the

last date of class contact, and the

conveyancing examination for each

course will occur approximately ten

days after that date. This should be

borne in mind both by apprentices

and offices in arranging their

respective commitments.

There may be some minor

modification of the commencement

or termination dates. These would be

liable to variation if there were to

be an increase in the time allocation

for existing subjects or an

introduction of any new subjects or

due to the vagaries of examination

timetabling.

There are currently

students on

each Professional Course. At the

time of going to print the 33rd

and 34th and 35th Professional

Courses are completely full. The

earliest that any law graduate

qualifying from his or her university

in 1993 will be able to attend on the

Professional Course is in August,

1994.

Places on Professional Courses are

allocated on a

'first come first

served basis',

provided that the

applicant is exempt, or is entitled to

apply to be exempt, the Final

Examination - First Part, or has in

fact passed that examination, and

further subject to the applicant's

actually

having secured an

apprenticeship

and having submitted

to the Society the completed

application for consent to become

apprenticed together with the

necessary accompanying

documentation. In the absence of

any one condition of eligibility, an

allocation

will not be made.

It should be

noted

that failure to

take up a place on a particular

Professional Course by an apprentice

does not automatically ensure

postponement to the next available

Professional Course, and that in

such circumstance it will be the

responsibility of the apprentice to

re-

apply

for a place.

Applications to attend a Professional

Course, should be submitted in

writing to the undersigned.

Albert Power,

Assistant Director of Education,

Incorporated Law Society of Ireland,

Blackhall Place,

Dublin 7.

Tel: 01 6710711 Ext. 326.

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