{"id":33236,"date":"2020-06-17T16:59:46","date_gmt":"2020-06-17T13:59:46","guid":{"rendered":"http:\/\/de-ure.ru\/en\/?page_id=33236"},"modified":"2020-06-17T16:59:47","modified_gmt":"2020-06-17T13:59:47","slug":"press-review-for-may-15-31-2020","status":"publish","type":"page","link":"https:\/\/de-ure.ru\/en\/press-review-for-may-15-31-2020\/","title":{"rendered":"Press review for May 15 – 31, 2020"},"content":{"rendered":"\n

Time of challenges and opportunities<\/strong><\/p>\n\n\n\n

Pravo.ru\npublishes an interview with Nikita Filippova, Head of MCBA “Bureau of\nLawyers “De jure”. The lawyer tells about the legislative initiatives of\nthe Bureau that will make life easier for citizens (in particular, about state\ne-mail and video courts), as well as about trends in the legal services market.<\/p>\n\n\n\n

\u201cWe expect\ngrowth from our bankruptcy practice.  At\nfirst, at the level of consultations, but somewhere in six months it is\nexpected in quantitative terms too.  This\nis connected not only with the bankrupt moratorium, because it affects not a\nvery large number of organizations.  And\neven in the affected fields this does not concern to all.  A much larger number of companies have\nfinancial problems today,\u201d- Filippov notes. \nAccording to him, “the problem for lawyers is not the decline of\nany particular industry, but the decrease in the solvency of clients.”<\/p>\n\n\n\n

In this\nsituation, MCBA\n“Bureau of Lawyers “De jure” began to hold free online\nconferences on topical legal issues related to the \u201ccoronacrisis\u201d.  \u201cElectronic document management in our\nrelations with customers is in demand, as well as in their relations with\ncontractors.  And it\u2019s very good that we\nhave the opportunity to work and not lose efficiency even against the\nbackground of limitations.  Therefore,\nthose who need legal assistance come to us and receive it here and now. We have\nnew clients. All our lawyers work. No one is out of work,”- said Head of MCBA\n“Bureau of Lawyers “De jure”. According to him, for those who\nare not afraid to try something new, open new directions and start new\nprojects, the crisis can become a springboard for further growth. “The\ncrisis shows who is more effective and who is less one. Therefore, I think that\nthe post-crisis period will become a new stage of development for “De\njure”, – Filippov concluded.<\/p>\n\n\n\n

Read more \u2013 https:\/\/pravo.ru\/story\/222052\/?desc_tv_3<\/a>=<\/p>\n\n\n\n

Forewarned is forearmed<\/strong><\/p>\n\n\n\n

\u201cObozrenie\u201d,\nan information and analytical magazine, publishes an article by Nikita\nFilippov, Head of MCBA “Bureau of Lawyers “De jure”, entitled\n“Law and business: risk zones for executives”.<\/p>\n\n\n\n

The author\nnotes that today many counterparties are subject to bankruptcy risks.\nTherefore, there are not only risks of non-payment, but also the risks of\nsubsequent dispute of transactions and payments made on them. “To avoid\nthis, it is necessary to understand how great the risk of bankruptcy of a\nparticular counterparty is. In addition, the Head should also answer to himself\nthe question: does the company itself face bankruptcy? And if the answer is\npositive, what should be done in this case to avoid being brought to\nsubsidiary, and in some cases to criminal responsibility,” \u2013 Filippov recommends.<\/p>\n\n\n\n

He predicts\nthat many companies having been in crisis situations will begin to \u201cdump\u201d of\nassets at a discount to cover current liabilities.  \u201cIn such a situation, before entering a\ntransaction, it is necessary to carefully consider the possibility of a\nreversal of such a transaction in case of bankruptcy of the counterparty,\u201d- the\nexpert advises.<\/p>\n\n\n\n

Read more\u2013 https:\/\/spbcons.ru\/services\/zhurnal-chto-delat-obozrenie\/<\/a> <\/p>\n\n\n\n

Timely consultation is the key to success<\/strong><\/p>\n\n\n\n

On the pages\nof \u201cRossiyskaya Gazeta\u201d, the rating agency \u201cRAEX-Analytics\u201d publishes the\nresults of the rating of consulting companies for 2019.  In the category of legal consulting, the\nrating was headed by MCBA\n“Bureau of Lawyers “De jure”.<\/p>\n\n\n\n

Commenting on\ntrends in the legal services market, Nikita Filippov, Head of MCBA \u201cBureau of\nLawyers \u201cDe jure\u201d, notes that there is a growing demand for up-to-date\ninformation on anti-crisis measures, benefits, deferrals and relief measures\nfor businesses in a clear, simplified format. For example, in the form of a\ntable indicating the conditions for their application, which \u201cDe Jure\u201d\nregularly updates for its customers in accordance with innovations in the\nlaw.  “If the organization is timely\nnotified of the possibility of applying a deferral or installment plan for tax\npayments, it will be able to adjust the plan and the amount deferred for taxes,\nor spend it on other obligatory payments, or save it on the current account for\ncase of unforeseen expenses.” <\/p>\n\n\n\n

Read more \u2013 https:\/\/rg.ru\/2020\/05\/28\/konsaltingovye-uslugi-stali-vostrebovany-udalennym-servisom.html<\/a><\/p>\n\n\n\n

The best among the debaters<\/strong><\/p>\n\n\n\n

Pravo.ru\npresented litigation market research in Russia. According to the study, the\nlargest number of cases in 2019 was considered by MCBA \u201cBureau of Lawyers \u201cDe\njure\u201d – 166 (only cases with a claim amount of more than 50 million rubles were\ntaken into account). Herewith, our company won more than 82% of them and\nentered the TOP-5 in this indicator. In the overall rating of litigators, MCBA\n\u201cBureau of Lawyers \u201cDe jure\u201d entered the second group, securing a place in the\ntop ten of the best from the best law firms.<\/p>\n\n\n\n

Read more \u2013 https:\/\/pravo.ru\/story\/222107\/?desc_tv_2<\/a>=<\/p>\n\n\n\n

Secrets of mastery<\/strong><\/p>\n\n\n\n

Pravo.ru\nfinds out what tricks lawyers use to tip the scales in their favor.  Or change an unfavorable decision on\nappeal.  In this case, the case materials\nin the court of second instance are considered in the form as it is.  In the usual mode of consideration (not\naccording to the rules of the first instance), the appeal no longer accepts new\nevidence.  An exception is if the\nparticipant of the case has justified the impossibility of submitting them to\nthe court of the first instance for valid reasons (clause 2 of Article 268 of\nthe APC (Arbitration Procedure Code), clause 1 of Article 327.1 of the Code of\nCivil Procedure).  How to attach new\nevidence to the case?<\/p>\n\n\n\n

Rashid\nGitinov from MCBA “Bureau of Lawyers “De jure” advises using the\nrule set out in part 3.1 of Article 70 of the APC (\u201cCircumstances to which a\nparty refers in support of its claims or objections are considered recognized\nby the other party, if they are not directly disputed by it or disagreement\nwith such circumstances does not arise from other evidence that substantiates\nthe objections submitted to the substance of the claims”). \u201cThis is\npossible if the court in the decision wrote about the unproven circumstances\nthat were stated in support of claims or objections to the claim, but such circumstances\nwere not directly or indirectly (through objections in the procedural\ndocuments) challenged by the other party to the case\u201d, – explains the lawyer.<\/p>\n\n\n\n

According to\nhim, it is possible to send evidence through a file of arbitration cases or by courier\nto clerk of court. \u201cThis does not mean automatic attachment to materials, but\nin practice, judges often attach them,” Gitinov explains.<\/p>\n\n\n\n

Read more \u2013 https:\/\/pravo.ru\/story\/221826\/<\/a> <\/p>\n\n\n\n

New times – new songs<\/strong><\/p>\n\n\n\n

Pravo.ru sums\nup the Online Litigation Forum.  At it,\nleading experts discussed the pros and cons of justice through a monitor and\nthe necessary new skills of a judicial lawyer. Nikita Filippov, Head of MCBA\n“Bureau of Lawyers “De jure”, speaking at a forum with a report,\nshared the litigator\u2019s life hacks. In particular, he recommends that you study the entire\nfunctionality of the conference in advance, and check the browser in test\nmode.  \u201cIf you participate in a meeting\nof two or three and sit next to each other, do not forget to wear a mask and\ngloves – do not cause the judges to feel unequal, because they observe\nquarantine,\u201d the lawyer advises.  \u201cAnd do\nnot forget to turn off the microphone when the judges leave for the\ndeliberation room – you can be perfectly heard in the courtroom!\u201d<\/p>\n\n\n\n

Read\nmore \u2013 https:\/\/pravo.ru\/story\/222294\/<\/a>                                                                     <\/p>\n\n\n\n

What is the rector judged for?<\/strong><\/p>\n\n\n\n

\u201cIdel.Realities\u201d\nrefers to the story of the rector of KNRTU Sergey Yushko, who was detained at\nthe end of April on charges of official forgery and fraud committed in\nconspiracy with unidentified University officials.  Alexander Pogodin, Deputy Head of criminal\npractice at of MCBA \u201cBureau of Lawyers \u201cDe jure\u201d, told the publication that\nSergei Yushko was accused of combining two jobs: working as a professor, Head\nof the Department and Dean of the University\u2019s information technology\ndepartment from 2004 to 2017 with the posision of  General Director of the Technopark \u201cIdea\u201d.<\/p>\n\n\n\n

“Sergei\nYushko is accused of not actually working at the faculty at the University. In\nother words, it turns out that the faculty was a phantom for 13 years. It is\nclear to any reasonable person that the phantom faculty cannot exist for 13\nyears. Naturally, there is a huge array of documents, there are students who\nstudied at the departments of the faculty, teachers gave them a course of\nlectures, held scientific and practical seminars, round tables, there are\nmaterials and articles. The rector and Head of the department are elected\nposts, he was re-elected.  The relevant\nspecialized services approved the curriculum, they were implemented.  For 13 years, a huge array of materials has\naccumulated testifying to the reality of the faculty.  Over the years, its activities have been\nmonitored by the relevant competent supervisory authorities,\u201d – Pogodin explains.<\/p>\n\n\n\n

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

Read more \u2013 https:\/\/www.idelreal.org\/a\/30644839.html<\/a> <\/p>\n\n\n\n

For the drone – a fine!<\/strong><\/p>\n\n\n\n

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

“The\nevent that entails the imposition of administrative penalty is the unauthorized\nflight over the specified territories,”- Nikita Filippov, Head of MCBA\n\u201cBureau of Lawyers \u201cDe jure\u201d, comments on the initiative. Only the police and\nno one else can draw up the reports. At the same time, the very fact of drawing\nup the Protocol does not mean automatic prosecution: “This is only a fixation\nof an event that, in the opinion of a particular police officer, contains signs\nof an administrative offense. The task of the police officer is to stop the\nillegal flight of a drone, detain the violator, draw up a Protocol in which to\ndescribe the circumstances of the illegal actions, familiarize with it the\nperson in respect of whom the protocol has been drawn up, and transfer the\nprotocol to the court of general jurisdiction at the place where the\noffense was committed,” Filippov notes. And the decision whether to punish\nor not will be made by the court.<\/p>\n\n\n\n

Read more \u2013 https:\/\/rg.ru\/2020\/05\/18\/v-novom-koap-predlozheny-shtrafy-za-polety-dronov-nad-rezhimnymi-obektami.html<\/a> <\/p>\n\n\n\n

How not to miscalculate?<\/strong><\/p>\n\n\n\n

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

 Is it possible to write the owner out of the\napartment?<\/p>\n\n\n\n

According to\nthe lawyer of \u201cDe jure\u201d Julia Martynenko, this can be done by appealing to the court\nof residence of the owner with a statement of claim to remove him from the\nregister. “In the statement it is necessary to indicate the lack of need\nof this person in the disputed dwelling, the availability of other owned\ndwelling on the territory of the Russian Federation, the lack of payment of\ncommunal services, since the owner has the obligation to pay for living\nquarters and utilities from the moment the right arises  ownership of such a premises (clause 5 of\npart 2 of Article 153 of the Housing Code of the Russian Federation) as well as\nindicate the insignificance of his share in the general ownership of real\nestate,\u201d – the lawyer advises. If you do not want to sue, you can make a\ndivision of utility bills, based on the share in the right of each co-owner.\n\u201cThen the burden of late payment of utility bills will be borne solely by the\nnon-payer,\u201d – Martynenko says.<\/p>\n\n\n\n

Read more – https:\/\/www.domofond.ru\/statya\/mozhno_li_vypisat_sobstvennika_iz_kvartiry\/100893<\/a> <\/p>\n\n\n\n

Can a foreigner purchase industrial land in the Russian Federation?<\/strong><\/p>\n\n\n\n

Alexey Te,\nlawyer of MCBA \u201cBureau of Lawyers \u201cDe jure\u201d, notes that the law does not\nprohibit foreign citizens from owning land plots that belong to the category of\nindustrial land. \u201cAt the same time, certain types of land plots may be\nrestricted in turnover. For example, foreign citizens do not have the right to\nown land plots within the borders of a seaport or on border territories. Land\nplots from the composition of agricultural land can be transferred to foreign\ncitizens only for lease.\u201d- Te notes. He also recalls that there are\nrestrictions on land turnover, which apply to all Russians.  For example, you cannot buy the land where\nmilitary barracks and nuclear power facilities are located.<\/p>\n\n\n\n

Read more – https:\/\/www.domofond.ru\/statya\/mozhet_li_inostranets_priobresti_zemli_promnaznacheniya_v_rf\/100879<\/a> <\/p>\n\n\n\n

Is it possible to demand cable laying from the Builder, if such a clause\nwas in the Contract for participation in shared construction?<\/strong><\/p>\n\n\n\n

Ilsur\nZakirov, lawyer of MCBA \u201cBureau of Lawyers \u201cDe jure\u201d, is categorical: \u201cIf the\ncontract provided for a type of work such as \u201claying the cable for lighting devices to the place\nwhere the lighting devices is attached”, and the work was paid according\nto the estimate or other agreed list, the Contractor cannot refuse to fulfill\nthe above obligation or unilaterally exclude the specified type of work.\u201d<\/p>\n\n\n\n

According to\nthe lawyer, the law provides an opportunity to eliminate such situation if the\nestimate (list of works) actually contained a type of work such as \u201claying the\ncable for lighting devices to the place where the lighting devices is\nattached”. You can demand from the contractor the gratuitous elimination\nof deficiencies within a reasonable time, a commensurate reduction to the price\nset for the work, reimbursement of your expenses for eliminating the\ndeficiencies in the case if the customer\u2019s right to eliminate them is provided\nfor in the contract or by compensation is incurred by you for the costs of\ncorrecting the defects with your own funds or by third parties,\u201d \u2013 Zakirov explains.  At the same time, it is important to remember\nthat it is possible to demand elimination of deficiencies during the warranty\nperiod or, if it is not installed, within 2 years.<\/p>\n\n\n\n

Read more – https:\/\/www.domofond.ru\/statya\/mozhno_li_trebovat_prokladku_kabelya_s_zastroyschika\/100892<\/a> <\/p>\n\n\n\n

How is garbage tonnage calculated for legal entities?<\/strong><\/p>\n\n\n\n

The procedure\nfor developing, as well as approving standards for the generation of waste,\nlimits on their placement, control of reporting of formation, use, and disposal\nof waste is established by the Federal Executive body of a certain region,\nlawyer of \u201cDe jure\u201d Yulia Martynenko explains. Draft standards for the formation of\nSolid Household Waste (SHW) are developed on the basis of calculations and\navailable data on the specific formation of waste in the production of\nproducts, performance of work, and the provision of services.  The standards and limits for the placement of\nSHW themselves are approved by the territorial bodies of Rosprirodnadzor.  Reporting on the formation, use, and disposal\nof waste should also be sent there.<\/p>\n\n\n\n

Read more – https:\/\/www.domofond.ru\/statya\/kak_nachislyayut_tonnazh_musora_dlya_yurlits\/100878<\/a> <\/p>\n\n\n\n

Is it possible to sell an apartment without the permission of a former\nspouse who has a son from a previous marriage?<\/strong><\/p>\n\n\n\n

First you\nneed to understand whether the minor son from the first marriage has a share in\nthe one-room apartment, Yekaterina Bulygina, lawyer of MCBA \u201cBureau of Lawyers\n\u201cDe jure\u201d, says.  If available, the\nconsent of the guardianship and trusteeship authorities is required to complete\nthe purchase and sale transaction of the indicated apartment. They, for their\npart, will most likely require the consent of both spouses (i.e., the former\nhusband). “If you can’t get consent from your ex-spouse to sell an apartment,\nyou need to notify the guardianship authorities. However, after receiving such\ninformation, you may be refused to make the specified transaction.  In this case, it is necessary to receive\ntheir written refusal and apply to the court. And already within the framework\nof the consideration of the case on contesting the refusal of the guardianship\nauthorities to provide consent for the transaction, it will be necessary to\nprove that the sale of the apartment is in the interests of children,\u201d – Bulygina\nexplains.<\/p>\n\n\n\n

If a minor\nchild does not have a share in a one-room apartment, it is not necessary to\nobtain the consent of the former spouse and guardianship authorities.<\/p>\n\n\n\n

Read more – https:\/\/www.domofond.ru\/statya\/mozhno_li_prodat_kvartiru_bez_razresheniya_byvshego_supruga\/100877<\/a> <\/p>\n\n\n\n

Untouchable child support<\/strong><\/p>\n\n\n\n

The Dolg.RF\nportal informs that from June 1, 2020, amendments to the Law \u201cOn Enforcement\nProceedings\u201d number 229-FZ comes into force. \nAccording to them, social benefits being transferred to the bank\naccounts of Russians will become inviolable to creditors.  They cannot be recovered through Bailiffs,\nand tax inspectorates will also not be able to take these funds to\nthemselves.  So that banks can understand\nthat this is a social allowance, a marking of transfers will be introduced.<\/p>\n\n\n\n

Nikita\nFilippov, Head of MCBA \u201cBureau of Lawyers \u201cDe jure\u201d, believes that in practice\ntwo opposing situations may arise.  The\nfirst is when the person voluntarily transferring child support does not\nindicate the type of income code or indicate it incorrectly.  And the second, when individuals will\nintentionally use such markings in order to save cash. \u201cThe prevention of\npossible abuses by unscrupulous individuals can be eliminated by the obligation\nto provide supporting documents (court decision or notarial agreement on the\npayment of alimony). But the question arises, who should be given the\nresponsibility to verify these documents? \nAssignment of the corresponding duty to the bank is incorrect, and there\nare no grounds for attracting other persons in case of voluntary transfer of\nalimony,\u201d – the lawyer believes.<\/p>\n\n\n\n

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

Family mortgage<\/strong><\/p>\n\n\n\n

Komsomolskaya\nPravda is investigating how a program works in Russia that helps families with\nchildren buy housing on conditions that are more favorable than market\nconditions.  In particular, it guarantees\na loan interest rate of 6% for the entire term of the mortgage.  The main condition of a family mortgage is\nfor the second or any subsequent child to be born after January 1, 2018 and\nbefore December 31, 2022.<\/p>\n\n\n\n

Herewith, the\ndecision whether to grant a loan or not is made by the Bank. “The state,\nif certain conditions are met, partially returns to banks the money that they\nissued to the borrower. That is, the state itself does not determine the terms\nof the agreement with the borrower, but the Bank sets them by accepting its own\nprograms. Therefore, the interest rates on family mortgages differ in different\nbanks. And the state is not a party in the contract\u201d \u2013 Nikita Filippov, Head of MCBA\n\u201cBureau of Lawyers \u201cDe jure\u201d, explained.<\/p>\n\n\n\n

Read more \u2013 https:\/\/www.kp.ru\/putevoditel\/ipoteka\/semejnaya-ipoteka\/?fbclid=IwAR1-mPoFKRqhEyi8wa010o2BS17pXVJ4RXhjql6eWhgdl0TltWviVoXrnpk<\/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

Tenants will\nbe allowed to refuse lease agreements \u2013<\/strong> https:\/\/zen.yandex.ru\/media\/id\/5e237b1bcddb71114509a28c\/arendatoram-razreshat-otkazyvatsia-ot-dogovorov-arendy-5ec773c06fe9405a2b39d1bc<\/p>\n\n\n\n

Digital\nassistant for victims of the corona crisis<\/strong>\u2013 https:\/\/zen.yandex.ru\/media\/id\/5e237b1bcddb71114509a28c\/cifrovoi-pomoscnik-dlia-postradavshih-ot-koronakrizisa-5ec7e54ef1bac763f41354d8<\/p>\n","protected":false},"excerpt":{"rendered":"

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.…<\/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\/33236"}],"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=33236"}],"version-history":[{"count":1,"href":"https:\/\/de-ure.ru\/en\/wp-json\/wp\/v2\/pages\/33236\/revisions"}],"predecessor-version":[{"id":33237,"href":"https:\/\/de-ure.ru\/en\/wp-json\/wp\/v2\/pages\/33236\/revisions\/33237"}],"wp:attachment":[{"href":"https:\/\/de-ure.ru\/en\/wp-json\/wp\/v2\/media?parent=33236"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}