{"id":33234,"date":"2020-06-17T16:59:04","date_gmt":"2020-06-17T13:59:04","guid":{"rendered":"http:\/\/de-ure.ru\/en\/?page_id=33234"},"modified":"2020-06-17T16:59:06","modified_gmt":"2020-06-17T13:59:06","slug":"press-review-for-may-1-15-2020","status":"publish","type":"page","link":"https:\/\/de-ure.ru\/en\/press-review-for-may-1-15-2020\/","title":{"rendered":"Press review for May 1-15, 2020"},"content":{"rendered":"\n

Who will be able to get a deferment on the loan?<\/strong><\/p>\n\n\n\n

RIA MO interviewed lawyers and found out which\nof the businessmen and citizens will be able to get relief.  According to Nikita Filippov, Head of MCBA\n\u201cBureau of Lawyers \u201cDe jure\u201d, Honorary Lawyer of Russia, for an individual\nentrepreneur, one of the conditions to get a deferment on the loan is a\ndecrease in income for the month preceding treatment by more than 30% of\nborrowers’ average monthly income for 2019. (Average monthly income is\ndetermined as the result of dividing the total income for 2019 by 12 months.  The loan amount for which a deferment is\nrequested must not exceed 300 thousand rubles.) During the deferments days,\ninterest is accrued at a reduced rate – 2\/3 of the average market rate for\nconsumer loans (except for loans secured by a mortgage).  Interest accrued during the deferment period\nis paid by the borrower after the payment schedule has been fulfilled, and is\nnot included in the amount of the principal debt, as provided for SMEs.<\/p>\n\n\n\n

Individuals, including self-employed, may also\nrequire the bank to provide credit vacations. \nThe conditions are as follows: decrease in income for the month\npreceding circulation by more than 30% of the average monthly income of\nborrowers (co-borrowers) for 2019 (Federal Law of 03.04.2020 N 106 of Federal\nLaw \u201cOn Amending the Federal Law \u201cOn the Central Bank of the Russian Federation\n(Bank of Russia)” and certain legislative acts of the Russian Federation\nregarding the specifics of changing the terms of a credit agreement, loan\nagreement”). The loan agreement was to be concluded before the law on\ncredit vacations came into force.  This\ncriterion was introduced to provide assistance only to those who really could\nnot calculate the decline in their income in 2020, Nikita Filippov explains.<\/p>\n\n\n\n

 Read\nmore \u2013 https:\/\/riamo.ru\/article\/428321\/komu-polozhena-otsrochka-po-kreditu-vo-vremya-pandemii-koronavirusa.xl#photo<\/a> <\/p>\n\n\n\n

What will the code of ethics\nfor police officers<\/strong>\nchange?<\/strong><\/p>\n\n\n\n

The portal Pravo.ru analyzes the draft code of\nethics for police officers, which was recently posted on the Internet.<\/p>\n\n\n\n

The main task of such a document is to\nformalize requirements in order to differentiate employee behavior: what\nconstitutes a disciplinary offense, and what is simply reprehensible. Knowing this\ndocument\u2019s position will be useful for those who, at work or in life, encounter\n– or may encounter – the incorrect behavior of police officers, believes Nikita\nFilippov, Head of MCBA \u201cBureau of Lawyers \u201cDe jure\u201d. \u201cIt\u2019s good to know that a\npolice officer must show respect for the interrogated, be intolerant of\nviolations of the law and official discipline,\u201d- Filippov notes.<\/p>\n\n\n\n

Read more \u2013\nhttps:\/\/pravo.ru\/story\/221245\/?desc_search<\/a>= <\/p>\n\n\n\n

Vouchers\ninstead of money?<\/strong><\/p>\n\n\n\n

The Internet newspaper Moscow.ru refers to the\ndraft law adopted by the state Duma in the first reading, which allows carriers\nnot to return money for tickets in the conditions of a pandemic. Instead, it is\nproposed to legalize vouchers.<\/p>\n\n\n\n

Nikita Filippov, Head of MCBA \u201cBureau of\nLawyers \u201cDe jure\u201d, notes that such a law cannot apply to contracts signed\nbefore its adoption.  Article 57 of the\nConstitution enshrines the prohibition of the adoption of laws with retroactive\neffect if they worsen the situation of taxpayers, which include\npassengers.  Since allowing carriers to\nissue vouchers instead of money certainly worsens the situation of citizens,\nvouchers can only be given to those who purchase tickets after the law comes\ninto force.<\/p>\n\n\n\n

 \u201cRegarding\nthe lawfulness of the deduction of funds, it is currently necessary to note\nthat unilateral refusal to fulfill obligations or their unilateral change is\nunacceptable if this was not originally proposed by the terms of the contract\nof carriage.  In such cases, issuing\nvouchers is also illegal,\u201d – the lawyer added.<\/p>\n\n\n\n

Read more \u2013\nhttps:\/\/mockva.ru\/2020\/05\/12\/135511.html<\/a> <\/p>\n\n\n\n

Fines for redevelopment<\/strong><\/strong><\/p>\n\n\n\n

The Banks Today portal reports that since May\n2020, new types of fines for illegal redevelopment of premises have appeared in\nthe Code of Administrative Offenses of the Russian Federation.  Previously, there were no means of influence\non businessmen, who often bought cellars or ground floor apartments for doing\nbusiness. Only citizens were fined, although it is the reconstruction of\nresidential premises that often carries the greatest danger to residents.  It is enough to recall the case of the\napartment building that collapsed in 2016 in Mezhdurechensk due to a\nredevelopment in a store on the ground floor.<\/p>\n\n\n\n

Lawyer of “De jure” Yakov Bulut\nexplains that now for the use of residential premises not for its intended\npurpose (i.e. not for living people, but, for example, for selling goods or\nproviding services), officials (for example, General Directors of companies)\nwill be fined up to 3 thousand rubles, and legal entities up to 30 thousand\nrubles. In addition, for unauthorized reconstruction or redevelopment of\npremises in an apartment building, officials may be fined up to five thousand\nrubles, and legal entities up to fifty thousand rubles.<\/p>\n\n\n\n

Wherein, simply \u201cpaying off\u201d by a relatively\nsmall fine and continuing their illegal activities will not work.  \u201cWhen a violation is detected, the competent\nauthority will not only draw up a protocol on bringing to administrative\nresponsibility, but will also issue an order to the violator to bring the\npremises back to their original form, corresponding to the project\ndocumentation, within a certain period . \nIf the violation is not resolved within the indicated time period, the\nlegal entity and (or) official will be re-fined,\u201d – the lawyer explains.<\/p>\n\n\n\n

Read more \u2013 https:\/\/bankstoday.net\/last-articles\/vstupili-v-silu-novye-shtrafy-za-nezakonnuyu-pereplanirovku-kogo-oni-kasayutsya-i-skolko-pridetsya-zaplatit#author-block<\/a> <\/p>\n\n\n\n

Is there any benefit from spouses?<\/strong><\/p>\n\n\n\n

Experts of MCBA \u201cBureau of Lawyers \u201cDe jure\u201d\nanswered readers’ questions at the request of the Domofond.ru portal.<\/p>\n\n\n\n

Will the future spouse be able to return the\ntax for an apartment bought on a mortgage before marriage and issued not on him?<\/p>\n\n\n\n

Lawyer of “De jure” Yakov Bulut is\ncategorical: “In this case, the apartment will not be a jointly acquired\nproperty, since it was purchased before the marriage. Accordingly, your husband\nwill not have the right to receive a tax deduction for it.”<\/p>\n\n\n\n

Read more \u2013\nhttps:\/\/www.domofond.ru\/statya\/mozhet_li_buduschiy_suprug_vernut_nalog_na_kvartiru\/100856<\/a> <\/p>\n\n\n\n

The former\nhusband, when transferring the apartment to his ex-wife as a property, left a\nlarge debt for utilities and capital repairs. \nAre the actions of the Management Company requiring payment of the debt\nof the former owner legitimate?<\/strong><\/p>\n\n\n\n

The actions of the management company are\nillegal, lawyer of “De jure” Jacob Bulut considers.  \u201cIn accordance with paragraph 5 of part 2 of\nArticle 153 of the LCD RF, the obligation for payment for premise and utilities\narises at the owner of the premises from the moment the ownership of such\npremise arises.  Thus, debts for\nutilities should be paid by the owner to whom these services were\nprovided,” – the expert explains. According to him, if the management\ncompany includes the debt of the former spouse in the receipts, you can go to\ncourt with a claim to oblige the management company to exclude this debt from\nthe invoices.<\/p>\n\n\n\n

Read more \u2013\nhttps:\/\/www.domofond.ru\/statya\/pravomerny_li_deystviya_uk\/100860<\/a>          <\/p>\n\n\n\n

Business on coronavirus<\/strong><\/strong><\/p>\n\n\n\n

TV channel “Russia 24” addresses the\ntopic of “marketing on coronavirus”.  In recent weeks, many scammers have appeared,\nspeculating on people’s fears, journalists say. The last example is the alcohol\n“Firewater”. On the labels – the inscription\n“anti-coronavirus” and a portrait of the Bulgarian soothsayer Vanga,\nwho supposedly predicted salvation from infection by “fire water”. According\nto Nikita Filippov, Head of MCBA \u201cBureau of Lawyers \u201cDe jure\u201d, there is “a\nwhole set of criminal legal structures”. The manufacturer does not have a\nlicense for the production of alcoholic beverages, so it is, in fact, a\ncounterfeit. According to the lawyer, there are signs of such offenses as\nillegal business, production and sale of unlicensed products, misleading\ncustomers.<\/p>\n\n\n\n

Read more \u2013\nhttps:\/\/www.youtube.com\/watch?v=F-vZkuDrbyE<\/a> <\/p>\n\n\n\n

Performer<\/strong> <\/strong>or<\/strong> <\/strong>employee<\/strong>?<\/strong><\/p>\n\n\n\n

The magazine “Labor disputes”\npublishes an article by Nikita Filippov, Head of MCBA \u201cBureau of Lawyers \u201cDe\njure\u201d, and Yakov Bulut, lawyer of the Bureau, ” Evidence of civil\nrelations; how to convince the court that the performer is not an\nemployee.”<\/p>\n\n\n\n

Lawyers analyze a new trend: performers are\ntrying to get rich at the expense of customers, demanding to recognize work\nunder civil contracts as labor relations. Wherein, the risks for the Plaintiffs\nare minimal: there are no costs for the state duty, but if you win, you can get\npaid for holidays, sick leave and compensation for moral damage.  How companies can protect themselves –\nexperts give their prescriptions.<\/p>\n\n\n\n

\u201cIn order for a civil contract to become\nevidence in favor of the company, write down the names of the parties and the\nsubject of the contract as they are indicated in the Civil Code.  Do not include to it conditions that are\ncharacteristic of an employment relationship; for example, on the subordination\nof the performer of the PTR, the obligation to follow the instructions of the\nmanagement, the payment of remuneration every two weeks. When concluding the\nsame type of agreements with the same contractor, it is safer if, at the end of\neach of them, there will be a period of time when there were no contractual\nrelations between the parties.  This will\nhelp to confirm that the relationship was temporary and did not have a stable\nnature,\u201d – Filippov and Bulut advise.<\/p>\n\n\n\n

Read more \u2013 https:\/\/e.tspor.ru\/811039<\/a> <\/p>\n\n\n\n

Law market after coronavirus<\/strong><\/p>\n\n\n\n

Portal Rusbankrot.ru publishes the author’s\ncolumn of Nikita Filippov, Head of MCBA \u201cBureau of Lawyers \u201cDe jure\u201d, “Whether\nthe lawyers themselves face bankruptcy due to the pandemic”, which\nanalyzes the state of the law services market.<\/p>\n\n\n\n

“It is obvious that in the new reality,\nmany of the areas that previously brought stable income to law firms will be\nreevaluated,”- Filippov writes. \u2013 Some practices will become irrelevant\n(temporarily or permanently). Others, on the contrary, will sharply increase in\nprice.” In his opinion, the appearance of new “anti-virus”\nchanges in the law generates requests from the business community for their\nclarification.<\/p>\n\n\n\n

 \u201cWe forecast\nan increase in the number of disputes related to rental, tax relations, divorce\nand division of property.  The number of\nlabor and insurance disputes, as well as disputes related to non-fulfillment of\ncertain agreements, will also increase. In addition, in six months (after the\nend of the six \u2013 month moratorium), an increase in bankruptcy cases is\nexpected,” – Filippov is convinced. In addition, the number of requests\nand legal disputes on medicine will inevitably increase. So some law firms will\ncreate entire medical practices.<\/p>\n\n\n\n

In general, today the business is trying to\nsurvive, and it needs qualified support, the lawyer notes.  \u201cIn such circumstances, the crisis does not\nthreaten law firms with fatal consequences, but requires the mobilization and\nmodernization of available resources,\u201d – Head of MCBA \u201cBureau of Lawyers \u201cDe\njure\u201d summarizes.<\/p>\n\n\n\n

Read more \u2013\nhttps:\/\/rusbankrot.ru\/people\/grozit-li-samim-yuristam-bankrotstvo-iz-za-pandemii\/<\/a> <\/p>\n\n\n\n

Free doesn\u2019t mean bad!<\/strong><\/p>\n\n\n\n

The portal “Banks Today” publishes an\narticle by the lawyer of “De jure” Nikolay Polusitov explaining who\nis entitled to a free lawyer and how often they win cases.<\/p>\n\n\n\n

\u201cA free lawyer is assigned to any detained\nperson suspected of committing a crime. \nA statement by the investigative authorities on the impossibility of\nproviding such a person with a free lawyer is unlawful.  If the investigative authority evades the\nobligation to appoint a free defender you must immediately contact the\nprosecutor\u2019s office,\u201d – the lawyer writes.<\/p>\n\n\n\n

According to the Judicial Department at the\nSupreme Court of the Russian Federation, in 2018-2019, every second criminal\ncase was considered with the involvement of a lawyer on the court’s\nappointment.  For example, in 2019, the\ncourts considered 763 533 criminal cases, of which only 3 826 cases were\nacquitted, which is 0.5% of the total number of cases considered. \u201cObviously,\nthe percentage of acquittals in these cases is negligible, but this fact does\nnot indicate an insufficient level of assistance provided by free lawyers (in\nRussia, in principle, the percentage of acquittals is low, which is a\nconsequence of the peculiarities of the judicial system),\u201d- Polusitov said.<\/p>\n\n\n\n

Read more \u2013 https:\/\/bankstoday.net\/last-articles\/komu-v-rossii-polozhen-besplatnyj-advokat-i-kak-chasto-oni-dobivayutsya-opravdatelnogo-prigovora<\/a> <\/p>\n\n\n\n

Haute cuisine under legal protection<\/strong><\/p>\n\n\n\n

The magazine “Modern restaurant”\npublishes an article by the lawyer of “De jure” Yakov Bulut, which\nanalyzes the issue of protecting the rights to author’s dishes.<\/p>\n\n\n\n

From the content of paragraph 1 of Article 1259\nof the Civil Code of the Russian Federation, it follows that neither the dish\nnor its recipe may be copyrighted. \nMoreover, according to paragraph 5 of Article  1259 of the Civil Code of the Russian\nFederation, copyright does not extend to ideas, concepts, principles, methods,\nprocesses, systems, methods, solutions to technical, organizational or other tasks.<\/p>\n\n\n\n

 \u201cThe\nmost optimal solution to the problem of protecting an author\u2019s dish is to\nobtain a patent for an invention,\u201d – the lawyer believes.  – In accordance with paragraph 1 of Article\n1345 of the Civil Code of the Russian Federation intellectual property rights\nto inventions are patent rights. According to paragraph 1 of Article 1349 of\nthe Civil Code of the Russian Federation, the objects of patent rights are the\nresults of intellectual activity in the scientific and technical field that\nmeet established requirements.\u201d   Other\nways to protect author’s cuisine may be agreements on trade secrets in the form\nof a secret to the production of a dish, as well as trademarks on the image and\ndesignation of the dish.<\/p>\n\n\n\n

Read more\u2013 https:\/\/panor.ru\/magazines\/sovremennyy-restoran.html<\/a> <\/p>\n\n\n\n

Follow the\nnews and relevant comments of our experts on our Yandex Zen channel:<\/strong><\/p>\n\n\n\n

https:\/\/zen.yandex.ru\/id\/5e237b1bcddb71114509a28c<\/a><\/p>\n\n\n\n

Refund of air tickets-vouchers instead of money. Is it legal?<\/strong><\/p>\n\n\n\n

https:\/\/zen.yandex.ru\/media\/id\/5e237b1bcddb71114509a28c\/vozvrat-aviabiletov-vauchery-vmesto-deneg-zakonno-li-5ebada1cd2c91417688d624f<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"

Who will be able to get a deferment on the loan? RIA MO interviewed lawyers and found out which of the businessmen and citizens will be able to get relief.  According to Nikita Filippov, Head of MCBA \u201cBureau of Lawyers \u201cDe jure\u201d, Honorary Lawyer of Russia, for an individual entrepreneur, one of the conditions to…<\/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\/33234"}],"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=33234"}],"version-history":[{"count":1,"href":"https:\/\/de-ure.ru\/en\/wp-json\/wp\/v2\/pages\/33234\/revisions"}],"predecessor-version":[{"id":33235,"href":"https:\/\/de-ure.ru\/en\/wp-json\/wp\/v2\/pages\/33234\/revisions\/33235"}],"wp:attachment":[{"href":"https:\/\/de-ure.ru\/en\/wp-json\/wp\/v2\/media?parent=33234"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}