Press review for April 1-15, 2020

What law will punish violators of self-isolation?

The Internet newspaper Moscow.ru publishes an article by Nikita Filippov, Head of MCBA “Bureau of Lawyers “De jure”, analyzing the situation with fines for violating the self-isolation regime. The fact is that today there are two levels of the penalty system – Moscow and Federal.

The lawyer recalls that at first the lawfulness of the Mayor’s decree raised questions, since the regional authorities did not actually have the authority to impose any restrictions on the rights of citizens. However, on April 1, 2020, Article 11 of the Law “On the Protection of the Population and Territories from Natural and Technogenic Emergencies” was supplemented by norms that allow regional authorities to establish binding rules when introducing a high-alert regime. Today, for violations of the rules during the high alert period, a fine of 4 thousand rubles has been introduced for citizens. In case of repeated violation, citizens are fined 5 thousand rubles, officials – from 40 to 50 thousand rubles, legal entities – from 300 to 500 thousand rubles. A sanction in the form of a vehicle detention may also be applied. “It is logical to assume that regional fines will be applied to residents of Moscow who left their place of residence without the grounds provided for by the decree and put their health in danger. Federal norms are more likely to be used in case of malicious violation of restrictive measures by persons who have arrived from countries with a high spread of infection or with a confirmed disease,”- Filippov believes.

How to leave the house if it is not possible to get a pass?

“Avtoradio” wonders how to deal with an emergency (for example, a pipe broke), and it is not possible to get a pass: the site is “hanging up” and call center operators cannot be reached … According to Nikita Filippova, Head of MCBA “Bureau of Lawyers “De jure”, it is necessary to carefully record all the circumstances. “It’s useful to take a screenshot from the phone that you received a call at such and such a time from such and such a person and this person will be able to confirm that he really called, informed about the bay,” – the lawyer said. Further, it is necessary to fix that when contacting the portal, information was received that it is impossible to issue a pass now. “You take a screenshot and drive. In this case, you will have evidence that you could not issue the pass not because of your own fault, but because the portal was inoperative,” – Filippov explains.

Can an employee at a “remote work” count on additional payments?

On the portal Klerk.ru in the article “Can an employee at a remote work count on additional compensation for housing?” Nikita Filippov, Head of MCBA “Bureau of Lawyers “De jure”, examines the “new reality” in terms of labor law. Many employers have moved their employees to remote work. And what was until recently a kitchen or a bedroom today has turned into a working “cabinet”.

“For the employer to reimburse expenses or pay compensation, the employee will need to provide evidence of consent or knowledge of the employer. If they are not there will be no compensation,” – Filippov explains. He also emphasizes that “the Labor Code of the Russian Federation does not expressly provide for the obligation of the employer to compensate the employee for the cost of renting a home when the latter performs remote work.” But an employee may not to perform the work if the proper conditions for it on the remote site have not been created.

How to protect yourself from noisy neighbors

The Mir TV channel asks what to do if the soul requires peace and quiet. It is possible to agree on a “quiet hour” with households, but what about noisy neighbors or those who use self-isolation to repair an apartment?

Nikita Filippov, , Head of MCBA “Bureau of Lawyers “De jure”, explains that during the period of self-isolation and the working week, any owner of the premises or tenant has the right to make repairs in accordance with the General rules. However, if the work they do violates the acceptable noise level, housemates have the right to file a complaint.

If the apartment has noise from repair work, music or animals, then you need to call 102. If this is noise from engineering equipment or ventilation, contact the Office of Rospotrebnadzor. And if the noise comes from shopping facilities built into apartment buildings or attached to apartment buildings, from 07:00 to 23:00 – contact Rospotrebnadzor, including online through the electronic reception. If there is noise from 23:00 to 07:00 – contact the Department of Natural Resources through the electronic reception or by phone of the uniform reference service of the Moscow City Hall: 8 (495) 777-77-77.

Who will simplified bankruptcy save?

The Dolg.RF portal states that the coronavirus pandemic has only complicated the situation with borrowers. Earnings have declined for many Russians, and some even lost their jobs. In this regard, the State Duma of the Russian Federation adopted in second reading a draft law on simplified bankruptcy of citizens.

Nikita Filippov, Head of MCBA “Bureau of Lawyers “De jure”, says that today there is a paradox: a potential bankrupt needs to spend a lot of money in order to initiate the procedure, sending “good” money after “bad” money without any chance of receiving a refund of these costs. According to statistics, more than 80% of such bankruptcies end without any payments to creditors.

“Out-of-court bankruptcy will solve this problem. Citizens who lost their jobs or got into another difficult situation will get a chance to return to normal life, get rid of financial bondage and start working (and therefore pay taxes and return money to circulation). In addition, the judicial system will be seriously unloaded,”- the lawyer is sure. But to significantly lower the threshold for out-of-court bankruptcy, in his opinion, is not yet appropriate. “A low threshold can become a catalyst for a significant number of abuses,”- Filippov warns.

What should the tenant do?

The portal “Banks today” asks the question: “Does an entrepreneur have to pay rent if his office is empty during the quarantine?” Commenting on the situation at the request of the publication Ilsur Zakirov, lawyer of MCBA “Bureau of Lawyers “De jure”, recalled that the concept of “force majeure circumstances” is defined in paragraph 3 of Article 401 of the Civil Code of the Russian Federation. “The force majeure circumstance is determined by two most important criteria – extremeness and inevitability,” – the lawyer notes. According to him, “if the payment for May 2020, which, in accordance with the terms of the lease should be made in April 2020, cannot be paid, for the period of force majeure circumstances you cannot be fined.” At the same time, Zakirov notes that “non-use of the premises does not exempt the party from paying the rent and does not give it the right to set off the payment paid for a certain month against another month.” However, the Tenant can try to resolve the problems by negotiating with the Landlord. “In the current situation and taking into account the impending economic downturn of the entire country’s economy, the parties should act prudently, conscientiously and civilly,”- the lawyer of “De jure” summarizes.

How to contest the cadastral value?

On the pages of the economic scientific journal “Evaluation of Investments”, Nikita Filippov, Head of MCBA “Bureau of Lawyers “De jure”, reflects on the features and patterns of contesting the cadastral value in 2020. “As a rule, the dispute resolution commission for determining the cadastral value at the Rosreestr Directorate for the city of Moscow makes a decision on the refusal to revise the cadastral value of the property if its market value indicated in the valuation report is reduced by 30 percent or more, which entails the need of subsequent appeal rights holder to a judicial authority for the establishment of the cadastral value of the property in the amount of its actual market value, “- the lawyer writes.

Real terms for virtual bullying

Moskva.ru reports that the Russian Public Chamber has come forward with a proposal to toughen the punishment for insulting and bullying on the Internet. Nikita Filippov, Head of MCBA “Bureau of Lawyers “De jure”, said that the proposed changes should be enshrined in Article 119 of the Criminal Code of the Russian Federation “Threat of killing or causing grievous bodily harm”. For harassment on the Internet, depending on the severity of the consequences, it is proposed to punish with forced labor or imprisonment for up to seven years with restriction of the right to hold certain positions or engage in certain activities for up to five years.

“The sanctions proposed by the bill undoubtedly correspond to the severity of the acts committed, since they often entail serious psychological consequences for the health of the victims of bullying. A number of cases ended with teenagers’ suicide,” – the expert believes. Today, according to Filippov, according to current norms,” there are almost no cases of bringing guilty persons to justice for bulling on the Internet,” and there is also no direct indication that such actions are illegal.

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How to return money for the goods? – https://zen.yandex.ru/media/id/5e237b1bcddb71114509a28c/kak-vernut-dengi-za-tovar-5e8763878b13cf0c2d5b65ee

Bankruptcy moratorium – https://zen.yandex.ru/media/id/5e237b1bcddb71114509a28c/moratorii-na-bankrotstvo-5e8ecb0e2e4cc44a9d19a09d