Press review for February 1-15, 2020

The draft law “On State Email”, developed by MCBA “Bureau of Lawyers “De jure” and Senator Russkikh, was submitted to the State Duma

Pravo.ru reports that on February 3, 2020, Alexey Russkikh, Deputy Chairman of the Russian Federation Council Committee on Economic Policy, introduced a draft law to the State Duma, which was prepared together with lawyers of MCBA “Bureau of Lawyers “De jure”. An explanatory note to it states that using state electronic mail (SEM), citizens and legal entities will be able to send and receive legally significant messages from authorities.

According to the authors, SEM will radically expand the existing functionality of the public services portal: so far, only traffic police fines and notifications from the Federal Bailiff Service (FBS) can be received electronically. And even then, registered electronic letters come only from the FBS of Moscow and from the traffic police of Moscow, the Moscow and Rostov regions. If the law is passed, then letters can not only be received, but also sent to government agencies, and all over the country.

It is assumed that access to the SEM for individuals will be provided on the basis of personal applications. And legal entities and individual entrepreneurs will gain access from the moment of registration. “And this is fundamentally important, – Filippov, Head of MCBA “Bureau of Lawyers “De jure”, says. – “In this way, we will solve the problems of improper notification of Defendants in the courts, loss of legally significant letters.”

A working group on countering the spread of sniffing is formed in the Public Chamber of the Russian Federation.

RIA Novosti informs about the hearing held on February 10 “Sniffing is a new form of teenage substance abuse, problem analysis and ways to overcome it.” Sultan Khamzaev, member of the Public Chamber of the Russian Federation, Head of the Federal project “Sober Russia”, said that Moscow and the Yamalo-Nenets district could become pilot regions for testing a program to limit the sale to children products containing butane and isobutane – lighters and liquefied gas cylinders. It is these products that become the source of narcotic “high” for teenagers.

Speaking at the hearing, Nikita Filippov, Head of MCBA “Bureau of Lawyers “De jure”, noted that in order to combat the drug threat quickly, the Government of the Russian Federation should be given the right to compile lists of hazardous substances and their concentrations. A strategic solution to the problem would be to amend Article 26 and 28 of the Civil Code of the Russian Federation. At the request of the project “Sober Russia”, such a bill was prepared by lawyers of “De Jure”. It is supposed to introduce restrictions for teenagers under 18 on the purchase of household goods containing intoxicating substances in concentrations hazardous to human health. Teenagers will be able to buy these products, but only with the written consent of their parents.

Tricky Perks

Kommersant-Money magazine wonders who can claim tax deductions and figure out what to do in difficult situations.

As Head of MCBA “Bureau of Lawyers “De jure” Nikita Filippov notes, if the mother’s capital was used when purchasing real estate, the deduction will not apply to those expenses for the purchase of an apartment or house that are covered by the mother’s capital. If part of the cost of housing was paid off at the expense of the employer, then these funds will also not be taken into account when calculating the amount of the deduction, the expert emphasized. But when purchasing housing without finishing, the cost of finishing materials for repair can be included in the amount of the tax deduction, as well as work on connecting gas, water, etc., the lawyer advises.

There are many nuances associated with the return of money for education. Deduction for yourself is provided even in the case of distance learning, and for relatives — only in the case of full-time. The maximum amount of deduction for yourself study is from 120 thousand rubles per year. That is, 15.6 thousand maximum will be returned from the budget. The deduction for a child or relative is from 50 thousand rubles, that is, 6.5 thousand rubles to return. At the same time, Nikita Filippov emphasizes that from the point of view of the law it does not matter where you study. Courses of ikebana, a foreign language, compulsory professional development will give you the right to deduction, as well as education in kindergartens and schools if they have the status of an educational institution. Head of MCBA “De jure” also draws attention to the fact that if a taxpayer studies himself and also pays for the education of his children, then he has the right to claim a few deductions. For their receipt is required to submit a declaration.

Fake white sheet on a green background

“Russian Newspaper” reminds that the law on organic production came into force in Russia on January 1. Manufacturers of products without the use of agrochemicals, antibiotics, or hormones can mark their products with a special sign – a white sheet on a green background.

However, no liability is provided for the unlawful use of the new mark. As Nikita Filippov, Head of MCBA “Bureau of Lawyers “De jure”, explained, the manufacturer can be brought to administrative responsibility only for deceiving the consumer (Article 14.7 of the Code of Administrative Offenses of the Russian Federation). However, in practice this practically does not happen – primarily because this concept has not been mentioned in the legislation until recently, and the concepts of “eco”, “bio” and similar are absent even today.

How to avoid fines and courts for placing signs on the facade?

Bussines.ru explains the procedure for installing signboards on the facade of a building and how it differs from outdoor advertising. Nikita Filippov, Head of MCBA “Bureau of Lawyers “De jure”, reminds that the provisions of the Federal Law “On advertising” do not apply to signs that do not contain advertising information. However, there is no such concept as a “signage” in the law. This is why it is difficult to distinguish between outdoor advertising and signage. Unfortunately, as a rule, such issues are already resolved in court. “In some cases, even when it seems that the sign is for informational purposes only, the courts refer the disputed construction to advertising. For example, due to the fact that its dimensions exceed the maximum which allowed for signboards established in the corresponding municipality. Or the signage is installed away from the office or on the other side of the building,” the lawyer warns.

Can I not be allowed to enter the country if everything is OK with my visa?

“Express Newspaper” answers an urgent and inconvenient question, why a visa does not guarantee that you will be allowed into the country. Nikita Filippov, Head of MCBA “Bureau of Lawyers “De jure”, notes that a valid visa is not enough for a problem-free crossing of the border of another country: “You also need to have a package of documents with you and familiarize yourself with the migration policy of the country where you are going.” For example, at the entrance to the Schengen zone, border guards have the right to request documents for accommodation (invitation of the receiving person or hotel reservation), documents confirming the route of travel within the European Union and return tickets. In the United States, suspicion is enough to refuse entry. “If the border guard decides that the purpose of your visit does not correspond to the visa you have received, he may invite you for questioning with baggage inspection. There are cases when people were deported with visa cancellation because of photos in social networks,” – Filippov recalls. Another restriction for tourists, which is relevant today, is associated with epidemics. For example, due to coronavirus, many countries do not allow foreign citizens who have visited the China to enter their territory. These include Russia, the United States, Japan, and others.

How to avoid becoming a victim of scammers?

The portal “LgotOtvet” investigates how not to fall for the bait of scammers, who have recently bombarded gullible citizens with fake news via the Internet.

Nikita Filippov, Head of MCBA “Bureau of Lawyers “De jure”, is convinced that it is possible to bring scammers to justice: “In accordance with Article 13.15 of the Code of Administrative Offenses of the Russian Federation, dissemination of deliberately inaccurate socially significant information in the media as well as in information and telecommunication networks under the guise of reliable messages is an administrative offense if such a distribution threatens the life or health of citizens, massive violation of public order or security, etc.”

Moreover, positive judicial practice has already been gained, the lawyer recalls. For example, on January 20, 2020, Khoroshevsky District Court upheld the decision of the justice of the peace of the judicial section No. 157 of Khoroshevo-Mnevniki district of Moscow dated November 27, 2019 on bringing LLC “Moment of Truth” to administrative responsibility under part 9 of Article 13.15 of the Code of Administrative Offenses of the Russian Federation and a fine of 200 thousand rubles. The reason for the trial was the hyperlinks to Youtube videos posted on the website by a network publication that broadcast information recognized as unreliable by the court. ”

Criminal risks of the chief accountant and why did the fraud cases go

Clerk.ru publishes an author’s article of Alexander Pogodin, a member of the Presidium of MCBA “Bureau of Lawyers “De jure”, Deputy Head of criminal affairs. “Many legal experts agree today that criminal risks have recently become key for business. And this means that a number of seemingly everyday activities of the chief accountant may have very serious risks not only of civil law, but also of criminal liability,” – the lawyer writes. He identifies two key risks. Firstly, it is the possibility of bringing chief accountants to subsidiary liability under the bankruptcy law and, as a consequence, to criminal liability. And secondly, the risks associated with accounting and financial management when performing work, providing services, purchasing goods under state and municipal contracts.

Such an “inconvenient” jury trial

The publication “Banks today” reflects on the fate of the jury trial in Russia. In fact, the full implementation of juries to the judicial system protracted on until 2003. From that moment on, the assessors decided the fate of 1000-1600 people annually. In most cases, the verdicts were guilty – from 62 to 82% of cases, usually 16-17% of the defendants acquitted. But even such percentage of acquittal verdicts was higher than the national average, and already then began to “close” some elements of crimes for jury, Nikita Filippov from MCBA “Bureau of Lawyers “De jure” recalls. However, such high percentage of acquittals does not mean jury’s incompetence. “Such high percentage of acquittals is not a consequence of the incompetence of jurors in matters of criminal law. It is due to the specifics of their assessment of evidence. For a juror, the administering justice is not a routine, ordinary job. When deciding on the fate of a person, the jury is afraid to make a mistake, carefully checks all the evidence in the case and is guided not by the rules of law, but by his internal ideas about morality, therefore even the slightest doubt about the guilt of the accused is enough for the jury to make justify verdict,”- the lawyer emphasizes.

According to him, the reform of the jury trial, which began in 2015 at the initiative of the President of the Russian Federation, aimed at increasing the role of this institution in the Russian criminal justice system, will inevitably lead to an increase in the quality of the standard of evidence in criminal cases and the development of the Russian criminal justice system as a whole. “The verdicts of the jury and the statistics of the activity result of this form of court allow the judicial system to take into account the opinion of the people’s legal consciousness, to take into account the requirements of society for justice and the legality of judicial decisions,”- Nikita Filippov emphasizes.