{"id":33238,"date":"2020-06-17T17:00:36","date_gmt":"2020-06-17T14:00:36","guid":{"rendered":"http:\/\/de-ure.ru\/en\/?page_id=33238"},"modified":"2020-06-17T17:00:38","modified_gmt":"2020-06-17T14:00:38","slug":"press-review-for-april-16-30-2020","status":"publish","type":"page","link":"https:\/\/de-ure.ru\/en\/press-review-for-april-16-30-2020\/","title":{"rendered":"Press review for April 16-30, 2020"},"content":{"rendered":"\n

Business on\nself-isolation<\/strong><\/p>\n\n\n\n

Portal Pravo.ru publishes a report of the\nonline conference, where leading corporate lawyers shared case studies from their\npractice – what is now the most important for business.<\/p>\n\n\n\n

The first problem is that courts are closed\nthroughout the country.  Only the most\nimportant urgent cases are considered. \nThe transition to online justice is difficult: this requires changes to\nthe Arbitration Procedure Code and other codes of the Russian Federation, for\nexample, give lawyers the opportunity to conduct a video conference not from\nanother court, as it is now – but from home, using verification through public\nservices.<\/p>\n\n\n\n

Work in this direction is already underway, Nikita\nFilippov, Head of MCBA \u201cBureau of Lawyers \u201cDe jure\u201d, said. \u201cDe jure\u201d lawyers,\ntogether with Alexey Russkikh, Deputy Chairman of the Russian Federation\nCouncil Committee on Economic Policy, and Andrey Klishas, Head of the Committee\non constitutional legislation and state construction, prepared a package of\ndraft laws on the possibility of holding court sessions via video link. The\nbill will help participants in all types of legal proceedings to participate\nremotely using personal video communications. “It has already been sent to\nthe Government and the Supreme Court,” – the lawyer recalled.<\/p>\n\n\n\n

Another problem is electronic document\nmanagement in the context of a pandemic.  Victor Probichev, lawyer of MCBA \u201cBureau of\nLawyers \u201cDe jure\u201d, told about its features. He warned: coordinate additionally\nthe method of signing the agreement – otherwise you may encounter problems.<\/p>\n\n\n\n

Read more \u2013 https:\/\/pravo.ru\/story\/220728\/<\/a><\/p>\n\n\n\n

“They didn’t think of video conferences\u201d<\/strong><\/p>\n\n\n\n

Moskva.ru notes that Muscovites have added one\nmore cause for concern – \u201cparalyzed courts are introducing additional\nconfusion.\u201d  The consideration of some\ncases has been suspended. Nikita Filippov, Head of MCBA “Bureau of Lawyers\n“De jure\u201d, notes in an interview with the publication that certain\nactivities of the courts continue: \u201cCases and materials of an urgent nature are\nbeing considered, including on the protection of the constitutional rights of\ncitizens to freedom and personal inviolability, protection of health and\nproperty <…>, cases in the order of an orderly and simplified\nprocedure, cases, all participants of which have filed motions to consider\ncases in their absence if their participation in the consideration of the case\nis not mandatory,\u201d – Filippov explains.<\/p>\n\n\n\n

 The\nlawyer says that it is not always possible to submit documents by the\nelectronic system. \u201cDifficulties will arise with the submission of documents\nthat must be submitted in the original on paper or that are signed with an\nelectronic digital signature,\u201d- he explains. \nIf there is no such signature, then the paper should be sent through the\nRussian Post. In this case, the expert advises to compile an inventory of\ninvestments and save them together with the receipt for further confirmation of\nthe fact of sending procedural documents to the court.  \u201cThere is also an online service of Russian\nPost, where any registered user can send a registered letter online with the\nlegal significance of such a dispatch, but it should be borne in mind that up\nto 5 pages can be sent with one such dispatch,\u201d – Filippov said.<\/p>\n\n\n\n

Read more – https:\/\/mockva.ru\/2020\/04\/20\/126488.html<\/a> <\/p>\n\n\n\n

How to balance the interests of creditors in bankruptcy<\/strong><\/p>\n\n\n\n

Pravo.ru reports that the Supreme Court will\nsort out a number of high-profile cases in the coming days.  One of them is a dispute between creditors of\nSMU Dalelektromontazh.<\/p>\n\n\n\n

MUNICIPAL STATE INSTITUTION \u201cDEPARTMENT OF\nCAPITAL CONSTRUCTION” (MKU \u201cUKS\u201d) of the city of Yuzhno-Sakhalinsk and CJSC\nSMU \u201cDEM\u201d named after G. A. Yuzefovich signed a municipal contract for the\nconstruction of the object for 801.37 million rubles.  Then the Contractor – CJSC SMU\n“DEM” – entered into a subcontract with CJSC “Group of\nCompanies” Electroshit” for 657.12 million rubles, and for its\nexecution It took a loan from JSC Rosselkhozbank for 196 million rubles.  In support of the obligations, the Bank and\nthe Debtor entered into a contract of pledge of rights under the contract. Since\nthe Debtor did not fulfill its obligations, bankruptcy started against it. The\nBank appealed to the Court, where it requested to distribute the money recovered\nfrom the subcontractor as follows: 95% to the Bank and 5% for current expenses.\nThe first and appellate instances refused him, but the cassation agreed: the\nmoney is to be distributed in accordance with Article 138 of the Bankruptcy Law.\nThe Supreme Court will put the point in this dispute (\u2116 A59-2230\/2015).<\/p>\n\n\n\n

“This dispute demonstrates the\nirrepressible desire of the Collateral Lender to expand the subject of the\nsecurity agreement at its discretion,” – Roman Volkomorov, a lawyer of\nMCBA “Bureau of Lawyers “De jure\u201d, said. \u201cHowever, the subject matter\nof the agreement should not be interpreted arbitrarily.\u201d  According to the lawyer, it should be\nrecognized that both the municipal contract and the subcontract are independent\nagreements, and the debtor’s property rights arising from the subcontract are\nnot pledged by the Bank.<\/p>\n\n\n\n

Read more \u2013 https:\/\/pravo.ru\/story\/220729\/?desc_chrono_10_2<\/a>=<\/p>\n\n\n\n

Tenants can expect deferrals<\/strong><\/p>\n\n\n\n

The portal “Banks Today” addresses\nthe topic of novelties in legislation introduced during the pandemic.\n\u201cCertainly, the emergence and spread of a new coronavirus infection, as a legal\nfact, has changed the usual, and to some extent convenient, order of relations\nbetween all subjects of civil legal relations, including property rental\nrelations,\u201d –  lawyer of MCBA\n“Bureau of Lawyers “De jure\u201d \nIlsur  Zakirov says. He recalls\nthat Decree of the Government of the Russian Federation \u2116.439 of 03.04.2020 \u201cOn\nthe establishment of requirements for the conditions and deadlines for\ndeferring payment of rent under real estate lease agreements\u201d was published.<\/p>\n\n\n\n

“It is important to note that only\norganizations and individual entrepreneurs operating in the sectors of the\nRussian economy that have been most affected by the deterioration of the\nsituation as a result of the spread of a new coronavirus infection have the\nright of postponement …”,  – the\nlawyer of \u201cDe jure\u201d points out. According to him, the right to deferral is\ngranted only to those tenants who entered into lease agreements before the\nadoption in 2020 of a decision on the introduction of a high alert or emergency\nsituation on the territory of a particular constituent entity of the Russian\nFederation. Procedure for repayment of rent arrears in connection with the\ngranting of a deferral:<\/p>\n\n\n\n

The first payment –\nno earlier than January 1, 2021;<\/p>\n\n\n\n

The last payment – no\nlater than January 1, 2023;<\/p>\n\n\n\n

Frequency of\npayments-equal payments no more than once a month;<\/p>\n\n\n\n

The amount of each\npayment is not more than half of the monthly rent under the lease agreement.<\/p>\n\n\n\n

Read more \u2013 https:\/\/bankstoday.net\/last-articles\/arendatory-uzhe-mogut-rasschityvat-na-predostavlenie-skidok-na-arendu-ofisov-i-pomeshhenij-chto-govoryat-yuristy<\/a><\/p>\n\n\n\n

The case of the rector of KNRTU<\/strong> <\/p>\n\n\n\n

“Business-online”, “Real\ntime” and a number of other media outlets report on a high-profile\ndetention of Sergei Yushko, rector of the Kazan National Research Technological\nUniversity (KNRTU). The investigation thinks that in 2004-2017 Yushko was\nfictitiously considered as the Dean of the information faculty of KNRTU (in\nwhich there were no students for a long time). <\/p>\n\n\n\n

Alexander Pogodin, Deputy Head of criminal cases\nat MCBA \u201cBureau of Lawyers \u201cDe jure\u201d, and Oleg Shemaev, lawyer of Bar\nAssociation \u201cParitet\u201d of Kazan took on the task of protecting the detained\nrector. <\/p>\n\n\n\n

Answering a question from journalists, Pogodin\nnoted: \u201cAccording to the plot of this case, I can say: there are such cases\nwhere they look for black cats in dark rooms … when they are not there.\u201d  He also criticized the prosecution\u2019s approach\nto the case: \u201cIt seems to me that the investigating authority acted a little\nprimitively – they put two timesheets side by side and made far-reaching and\nmutually exclusive conclusions. But there could be overlays, flaws in the\ndesign.  After all, the whole faculty of\nthe University, which was constantly subjected to checks, could not really not\nexist for such a long time … “<\/p>\n\n\n\n

Read more \u2013 https:\/\/realnoevremya.ru\/articles\/173453-pokazaniya-protiv-rektora-khti-i-advokat-podpolkovnik-fsb<\/a>;  https:\/\/m.business-gazeta.ru\/article\/467016<\/a> <\/p>\n\n\n\n

Answer to the apartment question<\/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\npossible to recover a penalty from the Developer for delaying the delivery of\nan apartment?<\/p>\n\n\n\n

Ekaterina Bulygina, lawyer of MCBA \u201cBureau of\nLawyers \u201cDe jure\u201d, explains that according to paragraph 1 of Article 384 of the\nCivil Code of the Russian Federation, rights and obligations are transferred to\nthe new owner to the extent that they existed at the time of the conclusion of\nthe contract.  \u201cTherefore, if the\ncontract of sale did not specifically stipulate that the buyer transfers the\nright to recover the penalty for late delivery of the apartment, then you do\nnot have the right to apply to Developer with this requirement,\u201d- the lawyer\nsaid.<\/p>\n\n\n\n

Read more https:\/\/www.domofond.ru\/statya\/mozhno_li_vzyskat_neustoyku_s_zastroyschika_za_zaderzhku_sdachi_kvartiry\/100823<\/a> <\/p>\n\n\n\n

How to evict a Tenant from an apartment?<\/strong><\/p>\n\n\n\n

Lawyer of \u201cDe jure\u201d Tamerlan Zelikov explained\nwhat legal grounds may be for this, how to conduct this procedure correctly and\nwhat is useful to know in this situation. \n\u201cIf you want to evict a Tenant, relying on those points in which the\nprovisions of Article 619 of the Civil Code are spelled out, – Zelikov draws\nattention, – most likely, you will need to go to court.  But before that, it is necessary to observe\nthe pre-trial claim procedure. If this is not done, your claim will be left\nwithout consideration.” He also notes that only the court is authorized to\nmake a decision on the forced eviction of a person from the apartment he is\nrenting \/ hiring. “Of course, the Landlord can change the locks or call\nthe police. But this is not always effective. So the universal advice in this\nstory is to try to find a common language with the other side and resolve the\ncase peacefully,” the lawyer sums up.<\/p>\n\n\n\n

Read more \u2013 https:\/\/www.domofond.ru\/statya\/kak_vyselit_arendatora_iz_kvartiry_sovety_yurista\/100834<\/a><\/p>\n\n\n\n

How to officially register changes in mortgage payment obligations?<\/strong><\/p>\n\n\n\n

Lawyer of “De jure” Yakov Bulut\nexplains that the couple should apply to the Bank with an application to change\nthe composition of the borrowers.  \u201cAt\nthe same time, you should understand that the bank is not obliged to meet you\nand make changes to the contract, because when concluding the contract, he\ncalculated the risks, which, in his opinion, may be less than the risks when\nthe contract is renegotiated only for you,\u201d \n– the expert draws attention.<\/p>\n\n\n\n

Read more \u2013 https:\/\/www.domofond.ru\/statya\/kak_ofitsialno_zafiksirovat_vyplaty_po_ipoteke\/100835<\/a> <\/p>\n\n\n\n

How to declare bankruptcy?<\/strong><\/p>\n\n\n\n

Lawyer of “De jure” Yulia Martynenko\nreminds that any citizen of Russia has the right to apply for bankruptcy if he\nis unable to pay his debts on time (loans, taxes, utility bills, etc.).\nMoreover, the amount of debts does not matter (Clause 2, Article 213.4 of the\nFederal Law No. 127-\u0424\u0417 \u201cOn Insolvency (Bankruptcy)\u201d. The statement must reflect\nobjective reasons that impede the fulfillment of payment obligations, with the\napplication of supporting documents. \nBased on all these circumstances, the court will determine whether the bankruptcy\npetition is justified and what bankruptcy procedure should be introduced.<\/p>\n\n\n\n

Read more \u2013 https:\/\/www.domofond.ru\/statya\/mogu_li_ya_obyavit_sebya_bankrotom\/100841<\/a> <\/p>\n\n\n\n

Follow the news and up-to-date comments of our\nexperts on Our Yandex Zen channel: https:\/\/zen.yandex.ru\/id\/5e237b1bcddb71114509a28c<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"

Business on self-isolation Portal Pravo.ru publishes a report of the online conference, where leading corporate lawyers shared case studies from their practice – what is now the most important for business. The first problem is that courts are closed throughout the country.  Only the most important urgent cases are considered.  The transition to online justice…<\/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\/33238"}],"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=33238"}],"version-history":[{"count":1,"href":"https:\/\/de-ure.ru\/en\/wp-json\/wp\/v2\/pages\/33238\/revisions"}],"predecessor-version":[{"id":33239,"href":"https:\/\/de-ure.ru\/en\/wp-json\/wp\/v2\/pages\/33238\/revisions\/33239"}],"wp:attachment":[{"href":"https:\/\/de-ure.ru\/en\/wp-json\/wp\/v2\/media?parent=33238"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}