March 12 Main results of the day
The main principle is responsibility.
The portal about entrepreneurs Business People publishes information about Nikita Filippov, Head of MCBA “Bureau of Lawyers “De jure”. Filippov is a professional lawyer and founder of MCBA “Bureau of Lawyers “De jure”, which has been working in the legal services market for 17 years,” – the publication notes.
Today MCBA “Bureau of Lawyers “De jure” is 25 advocates and more than 100 lawyers. “The company is constantly expanding its business. “De jure” works not only with disputes in courts of General jurisdiction, but also provides assistance in arbitration cases, as well as in bankruptcy,”- Business People writes. According to the publication, the effectiveness and professionalism of lawyers are confirmed not only by cases won, but also by third-party performance evaluations, for example, the Bureau was included in the top 10 in 7 nominations in the ”Kommersant” rating .
Filippov considers responsibility to be the most important quality. “You must be responsible for your actions not only to the client, but also to yourself. It is always impossible to win court cases, but you can and should do your best for this,” – the lawyer says. “This principle is not only the personal motto of the entrepreneur, but also of the entire team of lawyers of the Bureau,”- the publication summarizes.
Read more – https://businesspeople.news/nikita-filippov/
Bankruptcy of the developer: the rights of interest holders and the rules for paying debts
Portal Domostroyrf.ru turned for help to Nikita Filippov, Head of MCBA “Bureau of Lawyers “De jure”, to understand the nuances of bankruptcy in the construction business.
The expert recalled that, as a general rule, following persons and organizations have right to send a petition to the court for initiating bankruptcy proceedings: a debtor company, when it cannot make payments to creditors; tax inspectorate or other controlling structures in case of prolonged non-fulfillment of obligatory budget payments by the company; any creditor to whom the organization does not fulfill obligations for more than 3 months, and the amount of debt is at least 300 thousand rubles. In addition, recently, the Fund for the Protection of the Rights of Citizens-Participants in Shared Construction has the right to initiate bankruptcy of problem developers.
In case of bankruptcy of a developer, an additional register of citizens participating in shared-equity construction is an integral part of the General requirements. The list specifies the requirements of shareholders about the transfer of residential premises. Citizens participating in construction have the right to receive money or an apartment in an unfinished building. Redemption of their requirements is carried out in the third stage. “The success of shareholders in the bankruptcy procedure of a developer largely depends on who is chosen as the bankruptcy Manager. Often it depends on him in whose interests the bankruptcy process will develop and whether an acquirer appears who will complete the problematic object,”- Filippov said.
Coronavirus as a force majeure event
The “Banks Today” portal states that news about coronavirus has already spoiled the holidays for thousands of Russians. “When a number of countries have closed their borders or introduced quarantines for arriving foreigners, tourists have a question: how to return the money already paid to the tour operator / carrier / hotel?”–the edition asks a question.
Yakov Prisyazhnyuk, a trainee lawyer of MCBA “Bureau of Lawyers “De jure” draws attention to the fact that “the resolution of disputes in the field of tourism and, in particular, disputes about the refund of money paid for a tourist product to the consumer usually requires an individual approach.” At the same time, he recalls that, in accordance with Article 451 of the Civil Code of the Russian Federation, the contract between the parties can be terminated due to a significant change in the circumstances from which the parties proceeded when concluding the contract. “The said rule of law is corresponds to the provisions of Article 14 of the Federal Law of November 24, 1996 No. 132-FZ “On the Basics of Tourism in the Russian Federation”, which allows a tourist to demand in court the termination of an agreement on the sale of a tourist product or its amendment if there is evidence of a threat to life and health in the country of temporary residence. When the contract is terminated on the indicated grounds before the start of the trip, the tourist is reimbursed the full cost of the product he purchased,”- lawyer of MCBA “De jure says.
The current judicial practice in the Russian Federation proceeds from the fact that the occurrence of such circumstances may be indicated by the information of the Federal Agency for Tourism (Rostourism) posted on the official website. Also in the current situation, similar messages on the official resources of Rospotrebnadzor and the World Health Organization can be used as an argument for terminating contracts in court.
“In any case, if a citizen plans to refuse a tourist trip due to an outbreak of coronavirus, before going to court, it makes sense to check the possibility of a voluntary return of funds in accordance with the agreement between the parties or the general conditions of the provision of services by a particular tour operator / hotel / carrier, etc. I would like to hope that both business and courts, when considering cases on termination of tourist agreements, will be guided primarily by the priorities of the safety of life and health of our citizens,”-Yakov Prisyazhnyuk summarizes.
Social networks as a business
Profile Magazine has studied how the business model of social networks is organized, by what laws it lives on and who ultimately makes money on whom. The publication recalls that in February Tagansky Court of Moscow fined the social network Twitter for 4 million rubles for ignoring the requirement to transfer data about Russian users to servers located in the Russian Federation. Such court decisions give the impression that social networks operating all over the world are nevertheless subordinate to local authorities, which means that our data is protected by the law … Nikita Filippov, Head of MCBA “Bureau of Lawyers “De jure”, does not agree with this:
“The problem is not in the location of servers, but in the place of registration of the owner of the social network. Even if the social network officially works in the territory of the Russian Federation (that is, it purposefully provides social interaction services to citizens of the Russian Federation), it can be difficult or even impossible to force it to comply with the law, since the Russian Federation has signed agreements on interaction and legal assistance in this area not with all countries”.
Why is this so important? At least, because it is not always possible to force social network owners to comply with the law on personal data protection. “License agreements provide that data published by the user is available to third parties. But the social network does not have the right to provide private data to anyone without the user’s consent,”- Filippov said. However, in practice, even the most “closed” user who does not allow anyone other than close friends to visit his page, gives the social network enough information for targeted advertising. Software algorithms know which public pages he views, which posts he likes, and which pages he spends more time on. And they select the appropriate advertising.
Read more – https://profile.ru/scitech/kak-socseti-prevratilis-v-pribylnyj-biznes-dlya-sozdatelej-i-polzovatelej-245357/
First time – fine, second time – criminal article
“Express Newspaper” compares approaches to preventing domestic violence in the world and in Russia. Nikita Filippov, Head of MCBA “Bureau of Lawyers “De jure”, recalls that “domestic violence refers to aggressive and hostile acts against other family members, as a result of which one of them may be physically injured or humiliated.”
The lawyer does not agree with the opinion that the decriminalization of the punishment for domestic violence in 2017 “untied the hands” of violators of the law. “When a repeat violation is committed, a domestic rapist will be considered a criminal and will be held liable under Article 116.1 of the Criminal Code of the Russian Federation. Victims of domestic violence are also protected by Articles 117 of the Criminal Code of the Russian Federation (torture) and 119 of the Criminal Code of the Russian Federation (threat of murder or serious harm to health), for which the sentence is up to seven years ‘ imprisonment,” the lawyer recalls.
According to him, the Russian approach to this category of cases coincides with the global one: “In the EU countries, these types of violations are classified as administrative, and in case of repeated violation – as criminal. At the same time, it is possible to obtain a court order in the Eurozone countries and the USA, which will prohibit living together, approaching the victim at a certain distance, make calls and even communicate on social networks. ”
Filippov draws attention to the fact that at the end of 2019, the Federation Council published a draft law “On the Prevention of Domestic Violence in the Russian Federation”, which is currently under consideration. A similar law has already been adopted in the countries of the Eurozone and the USA and provides a concrete definition of what is included in the concept of “domestic violence”. Once the law is passed, law enforcement agencies will receive important tools to prevent domestic violence.
In the meantime, the state needs to increase the share of social advertising, create social and psychological consultations, and promote civil rights. “The same tasks are facing the people themselves, civil society. The more people will know their rights, use them and share knowledge with others, the less domestic violence will be in our lives,”-Filippov summed up.
Housing affairs
Lawyers of MCBA “Bureau of Lawyers “De jure” answered readers’ questions at the request of the Domofond.ru portal.
How to legalize a house and bathhouse, which the former owner of six acres built outside the site?
According to Nikita Filippov, Head of MCBA “Bureau of Lawyers “De jure”, in order to legitimize buildings, you must first acquire ownership of the land on which they are located. “Otherwise, the owner of this plot can appeal to the court with a demand to restore the situation that existed before the violation of the right to the land plot (Articles 60, 62 of the Land Code of the Russian Federation). In addition, such buildings are unauthorized occupation of the land, which entails the imposition of administrative responsibility in the form of a fine (Article 7.1 of the Administrative Code of the Russian Federation). Thus, it is possible to legalize land and buildings only if your land plot belongs to a garden type of land use, and you acquire ownership of this land plot with a house and a bathhouse. At the same time, before the construction of these facilities, it is necessary to observe the notification procedure of the Executive Authorities of the subject of the Russian Federation or local government with the mandatory attachment of all necessary documents in order to issue a building permit (Article 51.1 of the Urban Development Code of the Russian Federation),” – the lawyer explained.
Read more – https://www.domofond.ru/statya/mozhno_li_uzakonit_zemlyu_i_dom_s_baney/100710
How to withdraw an ex-husband from a loan agreement?
Yacov Bulut, lawyer of MCBA “Bureau of Lawyers “De jure”, advises contacting the Bank to reissue the loan agreement. At the same time It should be borne in mind that for the bank this is a right, not an obligation. “The bank may refuse to reissue, because for the Bank it is a change of the essential terms of the loan agreement, which entails increased risks (in case of delay, it is more convenient for the Bank to make claims to two co-borrowers at once). In most cases, courts also refuse to reissue a loan agreement without the consent of the bank,”- Bulut explains.
How will renting an apartment affect your pension?
Ilsur Zakirov, lawyer of MCBA “Bureau of Lawyers “De jure”, recalls that a pensioner has three options: pay personal income tax at the rate of 13% of property rental, register as an individual entrepreneur (IP) and pay 6% under the simplified tax system or become self-employed and, if the total income does not exceed 2.4 million rubles per year, pay 4% (when working with individuals) and 6% (when working with legal entities or individual entrepreneurs).
“Depending on the chosen form of taxation, the indexation of the Landlord’s pension depends. Thus, in the case of registration as an individual entrepreneur, a citizen will be obligated to transfer insurance premiums for mandatory pension insurance for himself. In accordance with current legislation, the pensioner in this case will be considered working, and the pension will not be indexed until the status of individual entrepreneur is terminated. Self-employed pensioners, according to the law, are not among those who are insured in the mandatory pension insurance system. Therefore, they can only be considered working if they themselves want to transfer pension insurance contributions for themselves. If a pensioner pays 13% of personal income tax from rental housing, since he is not an individual entrepreneur, then the pension will be indexed in the General manner, since it is not necessary to make contributions for mandatory pension insurance,” -Zakirov explains.
What if the Management Company is going to break the wall in the corridor to access the sewer, as the neighbors from below complain about leaks?
Nikita Filippov, Head of MCBA “Bureau of Lawyers “De Jure ”, draws attention to the fact that between the neighbors and the Management Company, a leakage / flood act in the apartment must be drawn up. Moreover, this should be done no later than 12 hours from the moment the consumer contacts the emergency dispatch service. “Without an act, there is no reason to carry out any work in your apartment,” – the lawyer says.
If there is an act of the Management Company and confirmation that the source of the leak is located precisely behind this wall, there are 2 possible scenarios: to eliminate the cause of the leak yourself or to allow the Management Company to do so. “In the event of damage to property, it is the Management Company that must compensate you for all losses in a claim or court order. Then you need to get a copy of the leakage act and documents confirming the credentials of the persons who will carry out the work, i.e. that they are employees of this Management Company. Enough photos of the documents that will be provided to you for review,” – Filippov sums up.
How to make snyus illegal?
The portal of the Public Chamber of the Russian Federation reports that on March 4, public hearings were held on the topic “Modern threats to youth. Snyus – analysis of the problem, ways to overcome it. Regional legislative initiatives”. According to Sultan Khamzaev, member of the Public chamber and Head of the Federal Project “Sober Russia”, anti-drug raids “Stop snyus” continue to be carried out by the team of the Project “Sober Russia” in 60 regions of Russia. At the moment, more than 15 thousand packages of dangerous nicotine-containing non-smoking mixtures have been identified. A number of regions have adopted local laws against snyus.
Yakov Bulut, lawyer of MCBA “Bureau of Lawyers “De Jure”, stressed that snyus is not only a non-smoking tobacco product, it is also a tobacco-free nicotine mixture of plant and synthetic origin, the use of which can lead to the most negative consequences. “It is required to adopt a high-quality Federal Law prohibiting the sale of snyus, including non-tobacco,” – he stressed.
Read more – https://oprf.ru/press/news/2617/newsitem/52665
“Responsibility of top managers of the company: recovery of losses, subsidiary and criminal liability”
The magazine “Banking Review” publishes the announcement of the Pravo.ru conference, dedicated to the responsibility of top managers. Recovery of losses, subsidiary and criminal liability of company executives are in the field of view of experts. Nikita Filippov, Head of MCBA “Bureau of Lawyers “De Jure”, is among the speakers of the conference. He will talk about the new practice of imposing interim measures in cases of subsidiary liability formed by “De Jure”.
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