Press review for May 15 – 31, 2020 – МГКА "Бюро адвокатов "Де

Time of challenges and opportunities

Pravo.ru publishes an interview with Nikita Filippova, Head of MCBA “Bureau of Lawyers “De jure”. The lawyer tells about the legislative initiatives of the Bureau that will make life easier for citizens (in particular, about state e-mail and video courts), as well as about trends in the legal services market.

“We expect growth from our bankruptcy practice. At first, at the level of consultations, but somewhere in six months it is expected in quantitative terms too. This is connected not only with the bankrupt moratorium, because it affects not a very large number of organizations. And even in the affected fields this does not concern to all. A much larger number of companies have financial problems today,”- Filippov notes. According to him, “the problem for lawyers is not the decline of any particular industry, but the decrease in the solvency of clients.”

In this situation, MCBA “Bureau of Lawyers “De jure” began to hold free online conferences on topical legal issues related to the “coronacrisis”. “Electronic document management in our relations with customers is in demand, as well as in their relations with contractors. And it’s very good that we have the opportunity to work and not lose efficiency even against the background of limitations. Therefore, those who need legal assistance come to us and receive it here and now. We have new clients. All our lawyers work. No one is out of work,”- said Head of MCBA “Bureau of Lawyers “De jure”. According to him, for those who are not afraid to try something new, open new directions and start new projects, the crisis can become a springboard for further growth. “The crisis shows who is more effective and who is less one. Therefore, I think that the post-crisis period will become a new stage of development for “De jure”, – Filippov concluded.

Forewarned is forearmed

“Obozrenie”, an information and analytical magazine, publishes an article by Nikita Filippov, Head of MCBA “Bureau of Lawyers “De jure”, entitled “Law and business: risk zones for executives”.

The author notes that today many counterparties are subject to bankruptcy risks. Therefore, there are not only risks of non-payment, but also the risks of subsequent dispute of transactions and payments made on them. “To avoid this, it is necessary to understand how great the risk of bankruptcy of a particular counterparty is. In addition, the Head should also answer to himself the question: does the company itself face bankruptcy? And if the answer is positive, what should be done in this case to avoid being brought to subsidiary, and in some cases to criminal responsibility,” – Filippov recommends.

He predicts that many companies having been in crisis situations will begin to “dump” of assets at a discount to cover current liabilities. “In such a situation, before entering a transaction, it is necessary to carefully consider the possibility of a reversal of such a transaction in case of bankruptcy of the counterparty,”- the expert advises.

Timely consultation is the key to success

On the pages of “Rossiyskaya Gazeta”, the rating agency “RAEX-Analytics” publishes the results of the rating of consulting companies for 2019. In the category of legal consulting, the rating was headed by MCBA “Bureau of Lawyers “De jure”.

Commenting on trends in the legal services market, Nikita Filippov, Head of MCBA “Bureau of Lawyers “De jure”, notes that there is a growing demand for up-to-date information on anti-crisis measures, benefits, deferrals and relief measures for businesses in a clear, simplified format. For example, in the form of a table indicating the conditions for their application, which “De Jure” regularly updates for its customers in accordance with innovations in the law. “If the organization is timely notified of the possibility of applying a deferral or installment plan for tax payments, it will be able to adjust the plan and the amount deferred for taxes, or spend it on other obligatory payments, or save it on the current account for case of unforeseen expenses.”

The best among the debaters

Pravo.ru presented litigation market research in Russia. According to the study, the largest number of cases in 2019 was considered by MCBA “Bureau of Lawyers “De jure” – 166 (only cases with a claim amount of more than 50 million rubles were taken into account). Herewith, our company won more than 82% of them and entered the TOP-5 in this indicator. In the overall rating of litigators, MCBA “Bureau of Lawyers “De jure” entered the second group, securing a place in the top ten of the best from the best law firms.

Secrets of mastery

Pravo.ru finds out what tricks lawyers use to tip the scales in their favor. Or change an unfavorable decision on appeal. In this case, the case materials in the court of second instance are considered in the form as it is. In the usual mode of consideration (not according to the rules of the first instance), the appeal no longer accepts new evidence. An exception is if the participant of the case has justified the impossibility of submitting them to the court of the first instance for valid reasons (clause 2 of Article 268 of the APC (Arbitration Procedure Code), clause 1 of Article 327.1 of the Code of Civil Procedure). How to attach new evidence to the case?

Rashid Gitinov from MCBA “Bureau of Lawyers “De jure” advises using the rule set out in part 3.1 of Article 70 of the APC (“Circumstances to which a party refers in support of its claims or objections are considered recognized by the other party, if they are not directly disputed by it or disagreement with such circumstances does not arise from other evidence that substantiates the objections submitted to the substance of the claims”). “This is possible if the court in the decision wrote about the unproven circumstances that were stated in support of claims or objections to the claim, but such circumstances were not directly or indirectly (through objections in the procedural documents) challenged by the other party to the case”, – explains the lawyer.

According to him, it is possible to send evidence through a file of arbitration cases or by courier to clerk of court. “This does not mean automatic attachment to materials, but in practice, judges often attach them,” Gitinov explains.

Read more – https://pravo.ru/story/221826/

New times – new songs

Pravo.ru sums up the Online Litigation Forum. At it, leading experts discussed the pros and cons of justice through a monitor and the necessary new skills of a judicial lawyer. Nikita Filippov, Head of MCBA “Bureau of Lawyers “De jure”, speaking at a forum with a report, shared the litigator’s life hacks. In particular, he recommends that you study the entire functionality of the conference in advance, and check the browser in test mode. “If you participate in a meeting of two or three and sit next to each other, do not forget to wear a mask and gloves – do not cause the judges to feel unequal, because they observe quarantine,” the lawyer advises. “And do not forget to turn off the microphone when the judges leave for the deliberation room – you can be perfectly heard in the courtroom!”

Read more – https://pravo.ru/story/222294/

What is the rector judged for?

“Idel.Realities” refers to the story of the rector of KNRTU Sergey Yushko, who was detained at the end of April on charges of official forgery and fraud committed in conspiracy with unidentified University officials. Alexander Pogodin, Deputy Head of criminal practice at of MCBA “Bureau of Lawyers “De jure”, told the publication that Sergei Yushko was accused of combining two jobs: working as a professor, Head of the Department and Dean of the University’s information technology department from 2004 to 2017 with the posision of General Director of the Technopark “Idea”.

“Sergei Yushko is accused of not actually working at the faculty at the University. In other words, it turns out that the faculty was a phantom for 13 years. It is clear to any reasonable person that the phantom faculty cannot exist for 13 years. Naturally, there is a huge array of documents, there are students who studied at the departments of the faculty, teachers gave them a course of lectures, held scientific and practical seminars, round tables, there are materials and articles. The rector and Head of the department are elected posts, he was re-elected. The relevant specialized services approved the curriculum, they were implemented. For 13 years, a huge array of materials has accumulated testifying to the reality of the faculty. Over the years, its activities have been monitored by the relevant competent supervisory authorities,” – Pogodin explains.

For fraud on a particularly large scale the penalty is up to 10 years in prison. However, the defense of Sergei Yushko is sure that there is every chance to prove that the faculty existed, the work was carried out, and there are students. According to Pogodin, the entire public of Kazan defends Sergei Yushko: students, postgraduates and graduates of the University. In this situation, as the lawyer says, “the court, which is quite rare in our times, showed principle, and did not send the Doctor of Technical Sciences into custody, but decided on house arrest.”

For the drone – a fine!

“Rossiyskaya Gazeta” reports that the draft of new Code of Administrative Offenses contains rules prohibiting drones from flying over sensitive facilities: military units, prisons, etc. It will not be possible to raise the apparatus over a place of the counter-terrorist operation or a mass event, for example, the stadium where the football match is taking place or a meeting. For violation, it is proposed to introduce a fine of 10 thousand rubles.

“The event that entails the imposition of administrative penalty is the unauthorized flight over the specified territories,”- Nikita Filippov, Head of MCBA “Bureau of Lawyers “De jure”, comments on the initiative. Only the police and no one else can draw up the reports. At the same time, the very fact of drawing up the Protocol does not mean automatic prosecution: “This is only a fixation of an event that, in the opinion of a particular police officer, contains signs of an administrative offense. The task of the police officer is to stop the illegal flight of a drone, detain the violator, draw up a Protocol in which to describe the circumstances of the illegal actions, familiarize with it the person in respect of whom the protocol has been drawn up, and transfer the protocol to the court of general jurisdiction at the place where the offense was committed,” Filippov notes. And the decision whether to punish or not will be made by the court.

How not to miscalculate?

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

Is it possible to write the owner out of the apartment?

According to the lawyer of “De jure” Julia Martynenko, this can be done by appealing to the court of residence of the owner with a statement of claim to remove him from the register. “In the statement it is necessary to indicate the lack of need of this person in the disputed dwelling, the availability of other owned dwelling on the territory of the Russian Federation, the lack of payment of communal services, since the owner has the obligation to pay for living quarters and utilities from the moment the right arises ownership of such a premises (clause 5 of part 2 of Article 153 of the Housing Code of the Russian Federation) as well as indicate the insignificance of his share in the general ownership of real estate,” – the lawyer advises. If you do not want to sue, you can make a division of utility bills, based on the share in the right of each co-owner. “Then the burden of late payment of utility bills will be borne solely by the non-payer,” – Martynenko says.

Can a foreigner purchase industrial land in the Russian Federation?

Alexey Te, lawyer of MCBA “Bureau of Lawyers “De jure”, notes that the law does not prohibit foreign citizens from owning land plots that belong to the category of industrial land. “At the same time, certain types of land plots may be restricted in turnover. For example, foreign citizens do not have the right to own land plots within the borders of a seaport or on border territories. Land plots from the composition of agricultural land can be transferred to foreign citizens only for lease.”- Te notes. He also recalls that there are restrictions on land turnover, which apply to all Russians. For example, you cannot buy the land where military barracks and nuclear power facilities are located.

Is it possible to demand cable laying from the Builder, if such a clause was in the Contract for participation in shared construction?

Ilsur Zakirov, lawyer of MCBA “Bureau of Lawyers “De jure”, is categorical: “If the contract provided for a type of work such as “laying the cable for lighting devices to the place where the lighting devices is attached”, and the work was paid according to the estimate or other agreed list, the Contractor cannot refuse to fulfill the above obligation or unilaterally exclude the specified type of work.”

According to the lawyer, the law provides an opportunity to eliminate such situation if the estimate (list of works) actually contained a type of work such as “laying the cable for lighting devices to the place where the lighting devices is attached”. You can demand from the contractor the gratuitous elimination of deficiencies within a reasonable time, a commensurate reduction to the price set for the work, reimbursement of your expenses for eliminating the deficiencies in the case if the customer’s right to eliminate them is provided for in the contract or by compensation is incurred by you for the costs of correcting the defects with your own funds or by third parties,” – Zakirov explains. At the same time, it is important to remember that it is possible to demand elimination of deficiencies during the warranty period or, if it is not installed, within 2 years.

How is garbage tonnage calculated for legal entities?

The procedure for developing, as well as approving standards for the generation of waste, limits on their placement, control of reporting of formation, use, and disposal of waste is established by the Federal Executive body of a certain region, lawyer of “De jure” Yulia Martynenko explains. Draft standards for the formation of Solid Household Waste (SHW) are developed on the basis of calculations and available data on the specific formation of waste in the production of products, performance of work, and the provision of services. The standards and limits for the placement of SHW themselves are approved by the territorial bodies of Rosprirodnadzor. Reporting on the formation, use, and disposal of waste should also be sent there.

Is it possible to sell an apartment without the permission of a former spouse who has a son from a previous marriage?

First you need to understand whether the minor son from the first marriage has a share in the one-room apartment, Yekaterina Bulygina, lawyer of MCBA “Bureau of Lawyers “De jure”, says. If available, the consent of the guardianship and trusteeship authorities is required to complete the purchase and sale transaction of the indicated apartment. They, for their part, will most likely require the consent of both spouses (i.e., the former husband). “If you can’t get consent from your ex-spouse to sell an apartment, you need to notify the guardianship authorities. However, after receiving such information, you may be refused to make the specified transaction. In this case, it is necessary to receive their written refusal and apply to the court. And already within the framework of the consideration of the case on contesting the refusal of the guardianship authorities to provide consent for the transaction, it will be necessary to prove that the sale of the apartment is in the interests of children,” – Bulygina explains.

If a minor child does not have a share in a one-room apartment, it is not necessary to obtain the consent of the former spouse and guardianship authorities.

Untouchable child support

The Dolg.RF portal informs that from June 1, 2020, amendments to the Law “On Enforcement Proceedings” number 229-FZ comes into force. According to them, social benefits being transferred to the bank accounts of Russians will become inviolable to creditors. They cannot be recovered through Bailiffs, and tax inspectorates will also not be able to take these funds to themselves. So that banks can understand that this is a social allowance, a marking of transfers will be introduced.

Nikita Filippov, Head of MCBA “Bureau of Lawyers “De jure”, believes that in practice two opposing situations may arise. The first is when the person voluntarily transferring child support does not indicate the type of income code or indicate it incorrectly. And the second, when individuals will intentionally use such markings in order to save cash. “The prevention of possible abuses by unscrupulous individuals can be eliminated by the obligation to provide supporting documents (court decision or notarial agreement on the payment of alimony). But the question arises, who should be given the responsibility to verify these documents? Assignment of the corresponding duty to the bank is incorrect, and there are no grounds for attracting other persons in case of voluntary transfer of alimony,” – the lawyer believes.

Family mortgage

Komsomolskaya Pravda is investigating how a program works in Russia that helps families with children buy housing on conditions that are more favorable than market conditions. In particular, it guarantees a loan interest rate of 6% for the entire term of the mortgage. The main condition of a family mortgage is for the second or any subsequent child to be born after January 1, 2018 and before December 31, 2022.

Herewith, the decision whether to grant a loan or not is made by the Bank. “The state, if certain conditions are met, partially returns to banks the money that they issued to the borrower. That is, the state itself does not determine the terms of the agreement with the borrower, but the Bank sets them by accepting its own programs. Therefore, the interest rates on family mortgages differ in different banks. And the state is not a party in the contract” – Nikita Filippov, Head of MCBA “Bureau of Lawyers “De jure”, explained.

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Tenants will be allowed to refuse lease agreements – https://zen.yandex.ru/media/id/5e237b1bcddb71114509a28c/arendatoram-razreshat-otkazyvatsia-ot-dogovorov-arendy-5ec773c06fe9405a2b39d1bc

Digital assistant for victims of the corona crisis– https://zen.yandex.ru/media/id/5e237b1bcddb71114509a28c/cifrovoi-pomoscnik-dlia-postradavshih-ot-koronakrizisa-5ec7e54ef1bac763f41354d8