Press review for July 16-31, 2020

When is it necessary to change a Bank urgently?

Klerk.ru publishes the author’s article of Nikolay Polusitov, lawyer of MCBA “Bureau of Lawyers “De jure”, “Six signs that you need to change your Bank.”

As the author notes, despite the fact that the Central Bank of the Russian Federation took a course to “clear” the banking sector seven years ago, the work has not yet been completed. The revocation of a license from a credit institution negatively affects the economic situation of Bank customers. Depositors are deprived of their savings, and the activities of business companies are frozen. In order not to get hurt, you need to pay very close attention to what is happening in your Bank.

Lawyer of “De Jure” names six “bells” indicating that it is necessary to transfer money to another Bank. This is a decrease of the Bank’s credit rating and work at a loss, an aggressive policy of attracting deposits, the change of shareholders to unknown persons or those with a persistently negative reputation, failure to comply with the mandatory standards of the Central Bank of the Russian Federation, a significant increase in the volume of investments in securities.

“For example, CJSC TyumenAgroPromBank acquired virtually nonexistent securities worth more than 1 billion rubles, and on the eve of bankruptcy Bank SBRR (LLC), a credit institution invested more than 1 billion rubles in absolutely illiquid securities,”- Polusitov says. It is almost impossible for a client to track the performance of such transactions by unscrupulous bankers: the relevant information is not publicly available. At the same time, the client can protect himself even in this case. The volume of investments in securities of the majority of large and stable banks in Russia is about 10% of the total assets. This share allows credit institutions to “stay afloat” even in the event of theft / depreciation of their securities. Meanwhile the existence of banks with a volume of investments in securities of more than 20 % of the size of assets directly depends on the liquidity/availability of securities. “In this regard, we recommend you to track information about the volume of your Bank’s investments in securities on the Bank of Russia website. A significant increase in the volume of investments is a good reason to think,” – the author notes.

Is it possible to deprive a cyclist of driver’s license?

The information and analytical portal “AvtoVzglyad” is investigating whether it is possible to deprive a driver’s license for serious traffic violations committed … on a bicycle.

“Since a bicycle is not a vehicle for the purposes of qualifying Chapter 12 of the Code of Administrative Offenses of the Russian Federation (traffic violations), it is illegal to deprive citizens of a driver’s license for violating traffic Rules while driving a bicycle,” – Ivan Spiridonov, lawyer of MCBA “Bureau of Lawyers “De jure”, explains. According to him, a cyclist who violates traffic rules can only be held liable for “his own” part 2 of Article 12.29 of the Administrative Code “Violation of traffic Rules by a person driving a bicycle, or by a carrier or another person directly involved in the process of road traffic.” The maximum punishment for it is 800 rubles.

For drunk driving on a motor cultivator – deprivation of rights!

Also, “AvtoVzglyad” tells the story of a tipsy summer resident who begged a neighbor for a motor cultivator to get to the nearest store. But he drove to the nearest traffic police inspector, after which he lost his license. “At first glance, the situation is absurd, but it is quite real,” – the newspaper notes.

Ivan Spiridonov, lawyer of MCBA “Bureau of Lawyers “De jure”, notes that in a number of cases small tractors, electric scooters and other vehicles not directly indicated in the traffic rules, depending on their technical characteristics, may refer to vehicles, driving of which in a state of intoxication constitutes an administrative offense, provided for in paragraph 1 of Article 12.8 of the Administrative Code of the Russian Federation. For example, an electric scooter equipped with a motor with a power of more than 0.25 kW can be equated to mopeds. And they require a driver’s license with an open category “M”. Faster electric scooters with electric drive that reach up to 50 km/h are otherwise classified as motorcycles. And this, again, is “license”, only with the category “A”.

According to the representative of “De Jure”, this approach has already been reflected in law enforcement practice. In November 2019, the Moscow City Court recognized as legal the deprivation of a driver’s “license” of a citizen who refused to undergo a medical examination. The hero of the story was on an electric scooter, which the courts qualified as a moped.

“It should be noted that the issue of qualification of electric scooters and motoblocks, despite the adopted single court decisions, still remains a conflict of laws,” – the lawyer sums up and calls for the necessary changes to the traffic rules.

Probate loan and other complex cases

Experts of MCBA “Bureau of Lawyers “De jure” answered the readers’ questions at the request of the Domofond.ru portal.

What should the heirs do if a relative took a “long” mortgage loan and did not live to see its end?

“Until the moment of acceptance of the inheritance, the heir has no right to receive information about the debts of the deceased. Therefore, contacting a Bank or credit Bureau will not give you anything – the information is confidential. This can be helped by a notary who accepts claims from creditors when opening an inheritance. He can also send a request to the credit history Bureau,” – Igor Valuev, lawyer of “De jure”, says.

And advises: if you are just going to take out a mortgage, it is necessary to insure your life and health. Saving on insurance can later turn into an unpleasant surprise for the family to pay off the loan. If you are the heir to a mortgage apartment – calculate its cost, the amount of debt, the amount of what you can lose if you give up the property. Sometimes it is more profitable to refuse an inheritance than to accept it.

How to reflect the transfer of a bathroom and a gas stove in a private house in the notice of redevelopment?

Yulia Meshkova, lawyer of MCBA “Bureau of Lawyers “De jure”, explains: re-equipment (reconstruction) of residential premises is allowed only after obtaining the appropriate permits. To do this, you need to apply to the local administration, enclosing title documents for real estate, the project of reconstruction, and the technical passport of the object being rebuilt.

Carrying out works on reconstruction is possible only after obtaining permission from the local administration. The approval period is 45 days from the date of submission of documents. Completion of the reconstruction is formalized by the Act of the acceptance commission. The Act of the acceptance commission is sent to Rosreestr directly by the body carrying out the approval.

“In addition, requirements for the locations of the gas stove are established by the set of rules 402.1325800.2018 (“Residential buildings; rules for design of gas consumption systems”). So, the installation of a household gas stove is allowed in the premises of kitchens, kitchens-dining rooms, corridors of not less than 2.2 m, having an exhaust ventilation duct, window with a pane or other device provided for ventilation in the window. The internal volume of the kitchen area must be at least 8 m for a gas stove with two burners; 12 m – for a gas stove with three burners; 15 m – for a gas stove with four burners,” – Meshkova recalls. According to her, the gas stove must be equipped with a “gas control” system that stops the gas supply to the burner when the flame goes out. By the way, provided that the above requirements are met, it is allowed to place a household gas stove in summer kitchens.

What debts can be sold to collectors and how will debtors find out about it?

The debtor must be warned about the transfer of the creditor’s rights to another person. This is done 30 days before the actual transfer of the debt. The goal is to announce that he will now pay money to other people. “It is necessary to notify by registered mail at the place of residence. The debtor has the right not to fulfill the obligation to the new creditor until he is provided with evidence of the transfer of rights to this creditor, unless the notification of the transfer of rights has been received from the original creditor,” – Ramzan Mezhidov, lawyer of MCBA “Bureau of Lawyers “De jure” comments.

Is it possible to make a small extension (like a barn) to a five-story building?

Igor Valuev, a lawyer of MCBA “Bureau of Lawyers “De jure”, draws attention to the fact that, in fact, the law does not prohibit the construction (erection) of an extension to a five-story building. “However, its construction is possible only if there is approved project documentation, a permit for construction and, as a result, for putting the facility into operation. Therefore, this issue should be resolved in each individual case individually,” – the expert explains.

Chronicles of the times of coronavirus

The journal “Lawyer’s news of Russia” publishes an excerpt from the diary of Nikita Filippov, Head of MCBA “Bureau of Lawyers “De jure”, about how the team of lawyers lived and worked for long weeks of self-isolation. Lawyers quickly mastered sending registered emails through the Russian Post website and videoconferencing through various programs, spoke at online conferences, remotely advised clients and participated in online court sessions.

“April 10th. … There are a lot of questions from clients on labor law, rental relations. We continue to publish articles on the topic of coronavirus. We actively monitor the courts, where the opportunity to get acquainted with the audio-records of sessions online is realized. A brainstorming session on ways to interact remotely has been announced among the employees.”

“…May 12. The work of the courts in civil and arbitration cases is gradually resuming. And one criminal case, on the contrary, is completed. Khamovnichesky court issued an acquittal against our client under Article 159 part 4 of the Criminal Code of the Russian Federation. Complete and unconditional victory!

May 14. For the first time, we took part in an online court session. We were ready to fight, but … the procedural opponent did not come. The court announced a motion to postpone due to the lack of the technical ability of the other party to participate in the online meeting. The hearing has been postponed. “

In conclusion, Filippov quotes the words of the mayor of Moscow that one should not relax, the fight against the disease is not over yet and one must be careful. “But let’s hope that the most difficult stage is over. And there is a lot of work and summer ahead!” – Head of “De jure” writes.

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