{"id":33232,"date":"2020-06-17T16:58:23","date_gmt":"2020-06-17T13:58:23","guid":{"rendered":"http:\/\/de-ure.ru\/en\/?page_id=33232"},"modified":"2020-06-17T16:58:24","modified_gmt":"2020-06-17T13:58:24","slug":"press-review-for-april-1-15-2020","status":"publish","type":"page","link":"https:\/\/de-ure.ru\/en\/press-review-for-april-1-15-2020\/","title":{"rendered":"Press review for April 1-15, 2020"},"content":{"rendered":"\n

What law will punish violators of self-isolation?<\/strong><\/p>\n\n\n\n

The Internet newspaper Moscow.ru publishes an\narticle by Nikita Filippov, Head of MCBA \u201cBureau of Lawyers \u201cDe jure\u201d,\nanalyzing the situation with fines for violating the self-isolation\nregime.  The fact is that today there are\ntwo levels of the penalty system – Moscow and Federal.<\/p>\n\n\n\n

The lawyer recalls that at first the lawfulness\nof the Mayor\u2019s decree raised questions, since the regional authorities did not\nactually have the authority to impose any restrictions on the rights of\ncitizens.  However, on April 1, 2020,\nArticle 11 of the Law \u201cOn the Protection of the Population and Territories from\nNatural and Technogenic Emergencies\u201d was supplemented by norms that allow\nregional authorities to establish binding rules when introducing a high-alert\nregime. Today, for violations of the rules during the high alert period, a fine\nof 4 thousand rubles has been introduced for citizens.  In case of repeated violation, citizens are\nfined 5 thousand rubles, officials – from 40 to 50 thousand rubles, legal\nentities – from 300 to 500 thousand rubles.  A sanction in the form of a vehicle detention\nmay also be applied. “It is logical to assume that regional fines will be\napplied to residents of Moscow who left their place of residence without the\ngrounds provided for by the decree and put their health in danger. Federal norms\nare more likely to be used in case of malicious violation of restrictive\nmeasures by persons who have arrived from countries with a high spread of\ninfection or with a confirmed disease,”- Filippov believes.<\/p>\n\n\n\n

Read more \u2013 https:\/\/mockva.ru\/2020\/04\/07\/121082.html<\/a> <\/p>\n\n\n\n

How to leave the house if<\/strong> it is not\npossible to get a pass?<\/strong><\/p>\n\n\n\n

\u201cAvtoradio\u201d wonders how to deal with an\nemergency (for example, a pipe broke), and it is not possible to get a pass:\nthe site is \u201changing up\u201d and call center operators cannot be reached …\nAccording to Nikita Filippova, Head of MCBA \u201cBureau of Lawyers \u201cDe jure\u201d, it is\nnecessary to carefully record all the circumstances.  \u201cIt\u2019s useful to take a screenshot from the\nphone that you received a call at such and such a time from such and such a\nperson and this person will be able to confirm that he really called, informed\nabout the bay,\u201d – the lawyer said. Further, it is necessary to fix that when\ncontacting the portal, information was received that it is impossible to issue\na pass now.  \u201cYou take a screenshot and\ndrive.  In this case, you will have\nevidence that you could not issue the pass not because of your own fault, but\nbecause the portal was inoperative,\u201d – Filippov explains.<\/p>\n\n\n\n

Read more \u2013 \nhttps:\/\/www.avtoradio.ru\/news\/uid\/148891<\/a> <\/p>\n\n\n\n

Can an employee at a “remote work” count on additional\npayments?<\/strong><\/p>\n\n\n\n

On the portal Klerk.ru in the article \u201cCan an\nemployee at a remote work count on additional compensation for housing?\u201d  Nikita Filippov, Head of MCBA \u201cBureau of\nLawyers \u201cDe jure\u201d, examines the \u201cnew reality\u201d in terms of labor law. Many\nemployers have moved their employees to remote work.  And what was until recently a kitchen or a\nbedroom today has turned into a working \u201ccabinet\u201d.<\/p>\n\n\n\n

\u201cFor the employer to reimburse expenses or pay\ncompensation, the employee will need to provide evidence of consent or\nknowledge of the employer.  If they are\nnot there will be no compensation,\u201d – Filippov explains.  He also emphasizes that \u201cthe Labor Code of\nthe Russian Federation does not expressly provide for the obligation of the\nemployer to compensate the employee for the cost of renting a home when the\nlatter performs remote work.\u201d  But an\nemployee may not to perform the work if the proper conditions for it on the\nremote site have not been created.<\/p>\n\n\n\n

Read more \u2013 https:\/\/www.klerk.ru\/buh\/articles\/498231\/<\/a> <\/p>\n\n\n\n

How to protect yourself from noisy neighbors<\/strong><\/p>\n\n\n\n

The Mir TV channel asks what to do if the soul\nrequires peace and quiet. It is possible to agree on a \u201cquiet hour\u201d with\nhouseholds, but what about noisy neighbors or those who use self-isolation to\nrepair an apartment?<\/p>\n\n\n\n

Nikita Filippov, , Head of MCBA \u201cBureau of\nLawyers \u201cDe jure\u201d, explains that during the period of self-isolation and the\nworking week, any owner of the premises or tenant  has the right to make repairs in accordance\nwith the General rules.  However, if the\nwork they do violates the acceptable noise level, housemates have the right to\nfile a complaint.<\/p>\n\n\n\n

If the apartment has noise from repair work,\nmusic or animals, then you need to call 102. If this is noise from engineering\nequipment or ventilation, contact the Office of Rospotrebnadzor.  And if the noise comes from shopping\nfacilities built into apartment buildings or attached to apartment buildings,\nfrom 07:00 to 23:00 – contact Rospotrebnadzor, including online through the\nelectronic reception.  If there is  noise from 23:00 to 07:00 –  contact the Department of Natural Resources\nthrough the electronic reception or by phone of the uniform reference service\nof the Moscow City Hall: 8 (495) 777-77-77.<\/p>\n\n\n\n

Read more \u2013 https:\/\/mir24.tv\/articles\/16405918\/chto-delat-esli-sosedi-shumyat-vo-vremya-samoizolyacii<\/a> <\/p>\n\n\n\n

Who will simplified bankruptcy save?<\/strong><\/p>\n\n\n\n

The Dolg.RF portal states that the coronavirus\npandemic has only complicated the situation with borrowers. Earnings have\ndeclined for many Russians, and some even lost their jobs.  In this regard, the State Duma of the Russian\nFederation adopted in second reading a draft law on simplified bankruptcy of\ncitizens.<\/p>\n\n\n\n

Nikita Filippov, Head of MCBA \u201cBureau of Lawyers\n\u201cDe jure\u201d, says that today there is a paradox: a potential bankrupt needs to\nspend a lot of money in order to initiate the procedure, sending \u201cgood\u201d money\nafter \u201cbad\u201d money without any chance of receiving a refund of these costs.  According to statistics, more than 80% of\nsuch bankruptcies end without any payments to creditors.<\/p>\n\n\n\n

“Out-of-court bankruptcy will solve this\nproblem. Citizens who lost their jobs or got into another difficult situation\nwill get a chance to return to normal life, get rid of financial bondage and\nstart working (and therefore pay taxes and return money to circulation). In\naddition, the judicial system will be seriously unloaded,”- the lawyer is\nsure. But to significantly lower the threshold for out-of-court bankruptcy, in\nhis opinion, is not yet appropriate. “A low threshold can become a\ncatalyst for a significant number of abuses,”- Filippov warns.<\/p>\n\n\n\n

Read more \u2013 https:\/\/xn--c1abvl.xn--p1ai\/news\/bankrotstvo_grazhdan\/pol_strany_prostye_uborshchitsy_s_millionnymi_kreditami_kakim_budet_uproshchennoe_bankrotstvo_grazhd\/<\/a> <\/p>\n\n\n\n

What should the tenant do?<\/strong><\/p>\n\n\n\n

The portal “Banks today” asks the\nquestion: “Does an entrepreneur have to pay rent if his office is empty\nduring the quarantine?\u201d Commenting on the situation at the request of the\npublication Ilsur Zakirov, lawyer of MCBA \u201cBureau of Lawyers \u201cDe jure\u201d,\nrecalled that the concept of \u201cforce majeure circumstances\u201d is defined in\nparagraph 3 of Article 401 of the Civil Code of the Russian Federation. \u201cThe\nforce majeure circumstance is determined by two most important criteria – extremeness\nand inevitability,\u201d – the lawyer notes. \nAccording to him, “if the payment for May 2020, which, in\naccordance with the terms of the lease should be made in April 2020, cannot be\npaid, for the period of force majeure circumstances you cannot be fined.” At\nthe same time, Zakirov notes that “non-use of the premises does not exempt\nthe party from paying the rent and does not give it the right to set off the\npayment paid for a certain month against another month.” However, the Tenant\ncan try to resolve the problems by negotiating with the Landlord. “In the\ncurrent situation and taking into account the impending economic downturn of\nthe entire country’s economy, the parties should act prudently, conscientiously\nand civilly,”- the lawyer of \u201cDe jure\u201d summarizes. <\/p>\n\n\n\n

Read more \u2013 https:\/\/bankstoday.net\/last-articles\/nado-li-predprinimatelyu-platit-arendu-esli-ego-ofis-vo-vremya-karantina-pustuet-otvechayut-yuristy<\/a> <\/p>\n\n\n\n

How to contest the cadastral value?<\/strong><\/p>\n\n\n\n

On the pages of the economic scientific journal\n\u201cEvaluation of Investments\u201d, Nikita Filippov, Head of MCBA \u201cBureau of Lawyers\n\u201cDe jure\u201d, reflects on the features and patterns of contesting the cadastral\nvalue in 2020.  \u201cAs a rule, the dispute\nresolution commission for determining the cadastral value at the Rosreestr\nDirectorate for the city of  Moscow makes\na decision on the refusal to revise the cadastral value of the property if its\nmarket value indicated in the valuation report is reduced by 30 percent or\nmore, which entails the need  of\nsubsequent appeal rights holder to a judicial authority for the establishment\nof the cadastral value of the property in the amount of its actual market\nvalue, “- the lawyer writes.<\/p>\n\n\n\n

Read more \u2013\nhttps:\/\/www.esm-invest.com\/ru\/The-contestation-of-the-cadastral-value-in-2020<\/a> <\/p>\n\n\n\n

Real terms for virtual bullying<\/strong><\/p>\n\n\n\n

Moskva.ru reports that the Russian Public\nChamber has come forward with a proposal to toughen the punishment for\ninsulting and bullying on the Internet. \nNikita Filippov, Head of MCBA \u201cBureau of Lawyers \u201cDe jure\u201d,  said that the proposed changes should be enshrined\nin Article  119 of the Criminal Code of\nthe Russian Federation \u201cThreat of killing or causing grievous bodily\nharm\u201d.  For harassment on the Internet,\ndepending on the severity of the consequences, it is proposed to punish with\nforced labor or imprisonment for up to seven years with restriction of the\nright to hold certain positions or engage in certain activities for up to five\nyears.<\/p>\n\n\n\n

“The sanctions proposed by the bill\nundoubtedly correspond to the severity of the acts committed, since they often entail\nserious psychological consequences for the health of the victims of bullying. A\nnumber of cases ended with teenagers\u2019 suicide,” – the expert believes.\nToday, according to Filippov, according to current norms,” there are\nalmost no cases of bringing guilty persons to justice for bulling on the\nInternet,” and there is also no direct indication that such actions are\nillegal.<\/p>\n\n\n\n

Read more \u2013 https:\/\/mockva.ru\/2020\/04\/15\/124168.html<\/a> <\/p>\n\n\n\n

Follow the\nnews and current comments of our experts on our Yandex Zen channel:  https:\/\/zen.yandex.ru\/id\/5e237b1bcddb71114509a28c<\/a> <\/p>\n\n\n\n

How to\nreturn money for the goods?  \u2013 https:\/\/zen.yandex.ru\/media\/id\/5e237b1bcddb71114509a28c\/kak-vernut-dengi-za-tovar-5e8763878b13cf0c2d5b65ee<\/a> <\/p>\n\n\n\n

Bankruptcy moratorium \u2013 https:\/\/zen.yandex.ru\/media\/id\/5e237b1bcddb71114509a28c\/moratorii-na-bankrotstvo-5e8ecb0e2e4cc44a9d19a09d<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"

What law will punish violators of self-isolation? The Internet newspaper Moscow.ru publishes an article by Nikita Filippov, Head of MCBA \u201cBureau of Lawyers \u201cDe jure\u201d, 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…<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":[],"_links":{"self":[{"href":"https:\/\/de-ure.ru\/en\/wp-json\/wp\/v2\/pages\/33232"}],"collection":[{"href":"https:\/\/de-ure.ru\/en\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/de-ure.ru\/en\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/de-ure.ru\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/de-ure.ru\/en\/wp-json\/wp\/v2\/comments?post=33232"}],"version-history":[{"count":1,"href":"https:\/\/de-ure.ru\/en\/wp-json\/wp\/v2\/pages\/33232\/revisions"}],"predecessor-version":[{"id":33233,"href":"https:\/\/de-ure.ru\/en\/wp-json\/wp\/v2\/pages\/33232\/revisions\/33233"}],"wp:attachment":[{"href":"https:\/\/de-ure.ru\/en\/wp-json\/wp\/v2\/media?parent=33232"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}