To simplify access to video justice!
Pravo.гu reports about the initiative of two members of the Russian Federation Council – Andrey Klishas and Alexey Russkikh – who together with lawyers of MCBA “Bureau of Lawyers “De jure” prepared amendments to laws designed to radically simplify citizens’ access to video justice.
Theoretically, and today, laws allow parties to participate in the process by video link. But this can be done exclusively only from the premises of another court. In the context of a coronavirus pandemic, Russkikh believes, this approach does not stand up to criticism. “The idea of the amendments is to allow citizens to participate in the process online from where they are at the moment – in the office, sitting at home in quarantine, and so on.”
Nikita Filippov, head of MCBA “Bureau of Lawyers “De jure”, draws attention to another aspect of the proposed amendments: “Video courts are a very important element of a barrier-free space for people with disabilities,”- the lawyer says. -Imagine how much a wheelchair user has to overcome to get to court even in Moscow, and in the regions his problems increase at times. And this is despite the fact that we have guaranteed equal access to justice. The proposed amendments to the Arbitration Procedure Code, Civil Procedure Code and Code of Administrative Procedure in practice realize this right for thousands of people.”
Read more – https://pravo.ru/news/219927/
Amendments to the law on video courts are published on the website of MCBA “Bureau of Lawyers “De jure”.
Portal “Debt of the Russian Federation” reports that “the website of MCBA “Bureau of Lawyers “De jure” has a draft law initiated by professional Defenders and senators Alexey Russkikh and Andrey Klishas.”
The publication reminds that due to the inability of one or another party to be present in the meeting room, many cases are postponed, the solution of problems is delayed. In addition, “a video trial would allow everyone to save money on holding meetings,”- journalists believe.
Read more – https://xn--c1abvl.xn--p1ai/short_news/130563/
How to balance the interests of creditors and bankrupt owners in cases of “subsidiary”?
Pravo.ru publishes an author’s column of Nikita Filippov, Head of MCBA “Bureau of Lawyers “De jure”. According to the Judicial Department under the Supreme Court of the Russian Federation, about 30% of applications for interim measures are recognized as justified today. “There is a problem of proving the need to apply such measures,” the expert believes.
According to Filippov, “the existing mechanism for applying interim measures in disputes on subsidiary liability needs to change the legal regulation and determine special conditions. In particular, he suggests establishing a semblance of a “presumption” of the reasonableness of the requirements for applying these measures. “In order to maintain a balance of interests and equality of rights of the parties, like any procedural presumption, it can be overcome even at the stage of objections and evidence submitted by the Defendant (given the adversarial procedure for applying interim measures in disputes on bringing to subsidiary liability), or can be refuted by applying the institutions of the appeal of definitions of court of arbitration, cancellation or replacement of interim measures and damages” – lawyer sums up.
Read more – https://pravo.ru/opinion/219517/?desc_search=
Coronavirus force majeure
The portal “Banks today” publishes an author’s article of Nikita Filippov, Head of MCBA “Bureau of Lawyers “De jure”, with an analysis of who self-restraint due to the coronavirus will become a force majeure, which will “write everything off”, and who will still have to fulfill obligations.
By order of the Chief State Sanitary Doctor for the city of Moscow, all organizations whose premises were intended for the provision of entertainment, sports and retail-entertainment services, intended for educational institutions, fitness centers, cinemas, etc., are required to suspend their activities in the capital until lifting restrictions. “That is, for them, the spread of coronavirus infection has objectively become a force majeure circumstance,”- the lawyer says. At the same time, he draws attention to the fact that “only business entities for which a direct imperative ban on the continuation of activity has been introduced by regulatory legal acts can refer to the spread of coronavirus infection as a force majeure event”. In this case, the period of force majeure circumstances shall be calculated from the moment the appropriate measure is introduced and until it is completely canceled.
What has changed in the law on public procurement for builders?
The magazine “Legal Adviser in Construction” publishes an article of Nikita Filippov, Head of MCBA “Bureau of Lawyers “De jure”, with an analysis of the provisions of Federal Law No. 449-FZ, which amends the law on the contract system in the field of procurement of goods, works, and services to meet state and municipal needs.
The lawyer draws attention to innovations regarding the conclusion of contracts for design and construction works (entered into force on January 8, 2020). “In particular, the amendments provide for the possibility of including in the subject of the contract simultaneously conducting engineering surveys, design and construction, as well as the supply of medical equipment (if this is provided for in the project documentation). But this is only possible if the object planned for construction will be included in the appropriate list approved by the Government of the Russian Federation or by the authorized bodies of the constituent entities of the Russian Federation,”-Filippov explains.
Read more – https://panor.ru/magazines/yuriskonsult-v-stroitelstve.html
Housing issues
Experts of MCBA “Bureau of Lawyers “De jure” answered readers’ questions at the request of the Domofond.ru portal.
How to dispute bills for housing and communal services, if no one lives in the apartment, light and water are not supplied?
Lawyer of “De jure” Yulia Martynenko reminds that “the owner has a duty to complete and timely payment for housing and utilities.” So in itself, charging fees for maintenance and utilities is legitimate.
In order not to overpay, the lawyer recommends installing metering devices for electricity and water. You can also apply an application to the Management Company for the recalculation of utility bills for the period of absence by attaching supporting documents. (For example, a certificate from an organization that provides private security for a dwelling in which you were temporarily absent, a certificate of treatment, etc.) However, this should be done before the period of temporary absence of the consumer begins or no later than 30 days after the period of temporary absence.
Read more – https://www.domofond.ru/statya/kak_osporit_zadolzhennost_po_zhkh/100738
Can I get a tax deduction when buying a property twice – first for myself, and then for my unemployed wife?
Lawyer of “De jure” Yulia Martynenko is categorical: “You cannot get a tax deduction for your spouse.” The essence of the tax deduction is a refund of funds previously paid to the budget of the Russian Federation in the form of personal income tax, or a reduction in the amount that is taxable. Thus, the refund is made exclusively to those who pay taxes on the amount of income. At the same time, as Martynenko notes, “in the case of employment, the spouse is not deprived of the right to receive a tax deduction and can return it in full, but not more than 2,000,000 rubles (paragraph 1, paragraph 1 of Article 220 of the Tax Code of the Russian Federation)”.
Read more –
What to do if the garage on the purchased plot is not registered in the Register? And is it worth it to make out at all, if the owner wants to remake it into a bath?
Lawyer of “De Jure” Yakov Bulut advises first to bring this property into a form that corresponds to its intended purpose (that is, in this case, convert it into a bathhouse), and then contact the cadastral engineer to prepare a technical plan of the bathhouse and submit to Rosreestr an application for the registration of the property on cadastral registration and registration of ownership with the application of a technical plan. At the same time he reminds: “If you do not put the garage on cadastral registration, you will face tax liability under Article 129.1 of the Tax Code of the Russian Federation, namely a fine of 5,000 rubles (in case of repeated fixing of the offense during the year – 20,000 rubles), because your inaction may be qualified as non-reporting of information that entails tax accrual.
Read more – https://www.domofond.ru/statya/stoit_li_oformlyat_garazh/100754
Can I apply for income tax refund at the place of residence?
Lawyer of MCBA “Bureau of Lawyers “De jure” Elena Udovichenko explains: “The methods for obtaining a property deduction do not dependent on the location of the property. The main thing is that real estate would be within the Russian Federation. ” In particular, a property deduction can be received from the employer (tax agent) during the calendar year or in the tax authority at the end of the year. But even in this case, the Declaration can be provided, for example, by mail with a description of the attachment, in electronic form through the Unified Portal of State Services or the personal account of the taxpayer or through the MFC on an extraterritorial basis, that is, at the place of your residence.
Can the owner of an apartment – a blockade worker, a veteran of labor and a disabled person – use the benefit to pay for major repairs?
Nikita Filippov, head of MCBA “Bureau of Lawyers “De jure”, reminds that labor veterans and people with disabilities are entitled to receive benefits up to 50%. However, this privilege is not provided automatically: for its execution it is necessary to collect documents confirming the right to receive it, and write an application. This can be done through the MFC or through the center of housing subsidies. “On the example of Moscow, we note that benefits are granted from the 1st day of the month following the month in which the corresponding right arose, but no more than for the last 6 months preceding the month of applying for social support measures to pay the contribution for major repairs,” the lawyer specifies.
Read more – https://www.domofond.ru/statya/mozhno_li_vospolzovatsya_lgotoy_na_oplatu_kapremonta/100782
Legium Service is a new partner of MCBA “Bureau of Lawyers “De jure”
Pravo.гu informs that MCBA “Bureau of Lawyers “De jure” signed a Partnership Agreement with the service Legium.io. Viktor Probichev, lawyer of “De jure”, who specializes in blockchain technologies, states that the demand for remote business technologies has increased due to the coronavirus pandemic. “Our bureau recommends the Legium platform, which allows to sign any document using smartphone. This saves both time and expense,”- Probichev says.
Read more – https://pravo.ru/company_news/219866/
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