{"id":33446,"date":"2020-12-30T12:54:47","date_gmt":"2020-12-30T09:54:47","guid":{"rendered":"https:\/\/de-ure.ru\/en\/?page_id=33446"},"modified":"2020-12-30T12:54:48","modified_gmt":"2020-12-30T09:54:48","slug":"press-review-for-july-1-15-2020","status":"publish","type":"page","link":"https:\/\/de-ure.ru\/en\/press-review-for-july-1-15-2020\/","title":{"rendered":"Press review for July 1-15, 2020"},"content":{"rendered":"\n

First series of free bankruptcy conferences<\/strong><\/p>\n\n\n\n

The Dolg.RF\nportal informs that today there is a unique opportunity to learn everything\nabout debt recovery and subsidiary liability in the post-quarantine world.  \u201cAnyone can take part in a monthly intensive\nfrom July 6-27 for businessmen and top managers of enterprises,\u201d – the publication\nnotes. The organizers of the intensive were MCBA \u201cBureau of Lawyers \u201cDe jure\u201d,\nwhich is included in the TOP-10 companies in the ligation market according to\nPravo.ru and in bankruptcy according to the Kommersant Publishing House rating,\nthe Rykov Group – one of the leaders in Russia in the field of disputes on\nsubsidiary liability of persons controlling the debtor and the Dolg.RF portal.<\/p>\n\n\n\n

The\nconference series will cover the following topics:<\/p>\n\n\n\n

July 6 – Features\nof bankruptcy litigation after the pandemic, which it is better to know about\nin advance. Who will be affected by the bankruptcy moratorium? What are the\nsubtleties of challenging transactions of moratorium debtors?<\/p>\n\n\n\n

July 13 – Trends\nin individual bankruptcy that will change your view of bankruptcy. Why it\nbecame possible to sell a single home. What are the prospects for out-of-court\nbankruptcy?<\/p>\n\n\n\n

July 20 – Challenging\nquestionable transactions; which transactions are now at risk? Secrets of the\nproof of deals with the preference: features of vindication and restorative\nlawsuits.<\/p>\n\n\n\n

July 27 –\nSubsidiary and criminal liability: what kind of leaders the prison awaits.  In what cases is exemption from liability\npossible?  How the beneficial owner is\ndetermined.<\/p>\n\n\n\n

Read more \u2013 https:\/\/xn--c1abvl.xn--p1ai\/short_news\/161093\/<\/a><\/p>\n\n\n\n

The first step is not always troublesome.<\/strong><\/p>\n\n\n\n

Dolg.RF\ninforms that a series of online conferences for bankruptcy business in\npost-quarantine Russia started on July 6. \nThe topic of the broadcast was \u201cThe impact of the pandemic on bankruptcy;\nrealities and forecasts for business\u201d. \u201cSpeakers and invited experts discussed\nthe principles of interaction between debtors and creditors during a pandemic,\nthe result of the introduction of a moratorium on bankruptcy, the consequences\nof bringing a large volume of company assets to the market,\u201d- the newspaper\nnotes.<\/p>\n\n\n\n

In particular,\nRoman Volkomorov (senior lawyer in the bankruptcy practice of the Tyumen branch\nof MCBA \u201cBureau of Lawyers \u201cDe jure\u201d) analyzed the moratorium on bankruptcy for\npersons in bankruptcy proceedings. \nAccording to him, debtors should use moratorium advantages when drawing\nup a plan for overcoming the crisis and if the debtor is objectively bankrupt,\nthen it is worth thinking how to abandon the moratorium and allow creditors to\ninitiate bankruptcy proceedings.<\/p>\n\n\n\n

Vadim\nMakarichev (attorney, head of the bankruptcy practice of the Moscow branch of\nMCBA \u201cBureau of Lawyers \u201cDe jure\u201d) predicted the likelihood that in the near\nfuture some of the companies caught in a crisis in order to cover urgent\ncurrent liabilities will dump their assets urgently and at attractive\nprices.  In this case, it is necessary to\ncarefully “calculate” the possibility of a “reversal” of\nthe transaction in the event of the subsequent bankruptcy of the company.<\/p>\n\n\n\n

The moderator\nof the broadcast, Nikita Filippov (Head of MCBA \u201cBureau of Lawyers \u201cDe jure\u201d,\nhonorary lawyer of Russia, member of the working group on improving the Federal\nLaw \u201cOn Insolvency (Bankruptcy) under the State Duma Committee) noted that an\nincorrect assessment of the situation could lead to the recognition of\ntransactions as invalid, as well as bringing controlling debtors to subsidiary\nand criminal liability.  It is within the\nframework of such an intensive process that it is possible to consider the\nproblem of bankruptcy on the part of all participants, to develop a policy of\ninteraction in the difficult conditions of a pandemic together.<\/p>\n\n\n\n

Read more \u2013 https:\/\/xn--c1abvl.xn--p1ai\/news_event\/rossiyskie\/seriya-onlayn-konferentsiy-po-bankrotstvu-startovala-\/<\/a> <\/p>\n\n\n\n

A heated discussion around out-of-court bankruptcy of citizens<\/strong><\/p>\n\n\n\n

 Dolg.RF also covers in detail the next\nconference on bankruptcy, organized by MCBA \u201cBureau of Lawyers \u201cDe jure\u201d\ntogether with Rykov Group and the portal Dolg.RF.<\/p>\n\n\n\n

The draft law\non out-of-court bankruptcy of citizens was at the center of the discussion of\nthe expert community.  Nikolai Nikolaev,\nChairman of the State Duma Committee on Natural Resources, Property and Land\nRelations, and the initiator of the bill was the special guest of the online\nconference. \u201cWe have simplified the procedure for filing an application for\nout-of-court bankruptcy in multifunctional centers (MFC) as much as\npossible. However, in case of difficulties, the specialists of the center will\ncome to help citizens,\u201d- the Deputy said.<\/p>\n\n\n\n

Nikita\nFilippov, Head of MCBA \u201cBureau of Lawyers \u201cDe jure\u201d, moderator of the online\nconference, is confident that due to the coronavirus pandemic and the economic\nproblems provoked by it\nin the country, the number of bankrupt citizens will increase many\ntimes. And this is despite the fact that in 2019 the number of applications for\ninsolvency from individuals reached almost 100 thousand. “Such a bill is\ncertainly necessary to cope with the wave of bankruptcies that is coming to us.\nEven all 10,000 arbitration managers will not be able to cope with it. There\nare simply not enough specialists to conduct bankruptcy cases for\ncitizens,” – Nikita Filippov sums up.<\/p>\n\n\n\n

Vadim\nMakarichev, lawyer of “De jure”, told about the features of the sale\nof the debtor’s only home. The lawyer believes that the Supreme Court (SC) of\nthe Russian Federation should allow the sale of luxury real estate of debtors,\neven if they are their only housing, provided that the bankrupt will be moved\nto a more modest house \/ apartment.<\/p>\n\n\n\n

Read more \u2013 https:\/\/xn--c1abvl.xn--p1ai\/short_news\/161846\/<\/a> <\/p>\n\n\n\n

Conflict within the company: what if the \u201cbomb\u201d explodes?<\/strong><\/p>\n\n\n\n

Portal\nExecutive.ru addresses the topic of legal disputes between the heads of one\ncompany. In a comment for the publication, Nikita Filippov, Head of MCBA\n\u201cBureau of Lawyers \u201cDe jure\u201d, noted that “information about conflicts\nrelated to the company rapidly spreads and negatively affects both the\ncompany’s image and its business ties.” According to the lawyer, any\ninvestor, creditor, shareholder tries to obtain maximum information about the\ncounterparty before the transaction. “Imagine that he finds out about a\nconflict between the owners. What will he do? I think that in most cases,\ninformation about an internal judicial conflict will hinder transactions. After\nall, legal proceedings in the company’s management carry significant risks:\nchallenging transactions and management decisions, freezing assets, including\nbankruptcy, subsidiary and criminal liability,” – Filippov shares his\nexperience.<\/p>\n\n\n\n

According to\nhim, in the practice of “De jure” there are such cases and they end\nin different ways.  \u201cIn one case, the\ndispute between the co-owners of a large shopping complex could not be settled\npeacefully.  Events followed the most\nnegative scenario, including the suspension of operating activities. Today, a\nbankruptcy case is underway.  With a high\nprobability, profitable real estate will be sold at a significant discount, and\nthe co-owners will receive, in addition to losses, also bringing to subsidiary\nliability. There is another “conditionally positive” example.  The conflict between the bank’s shareholders\nalmost led to bankruptcy.  The owners\nchanged their minds in time and lowered the degree of tension, paid off their\nobligations to creditors and began a legitimate procedure for Bank\nliquidation.  And, although, the disputes\nbetween them continue, the likelihood of being brought to subsidiary or\ncriminal liability has been eliminated,” – the lawyer sums up.<\/p>\n\n\n\n

Read more \u2013 https:\/\/www.e-xecutive.ru\/management\/practices\/1992623-kak-vnutrennie-sudebnye-spory-mogut-stat-nachalom-kontsa<\/a><\/p>\n\n\n\n

Who gets what share?<\/strong><\/p>\n\n\n\n

“Komsomolskaya\nPravda” explains the subtleties of selling a share in an apartment.\nAnswering the question whether it is possible to prevent a neighbor from\nselling his share Nikita Filippov, Head of MCBA \u201cBureau of Lawyers \u201cDe jure\u201d, noted\nthat in fact the only way could be  the\nright of pre-emptive purchase. \u201cOf course, the neighbors can “put a spoke\nin wheel”. If the share being sold is insignificant, then there is a risk\nof refusal to move in and register in the residential premises at the place of\nresidence, but there are no legal ways to prohibit the sale of a share from\nneighbors,” – the lawyer says.<\/p>\n\n\n\n

When selling,\nyou should take into account the debts on the utility payments.  \u201cFirst of all, it is necessary to determine\ntheir size at least at the time of the transaction and fix it in the contract,\u201d\n\u2013 Filippov advises.  – If there is no\nagreement between the owners on the procedure for paying for housing and\ncommunal services, then housing and communal services are usually distributed\naccording to the size of the share of each owner.  As a general rule, debt repayment for housing\nand communal services must be carried out by the seller of the share at the\ntime of signing the deed of transfer. \nOnce signed, all costs are borne by the buyer.  If the seller is unable to pay off the debt,\nthen it is quite acceptable to include the amount of this debt in the cost of\nthe share itself. “<\/p>\n\n\n\n

You can also\ndonate your share.  In this case, the\npreemptive right of redemption by other co-owners will not be applied.  \u201cTherefore, this method is sometimes used in\norder not to provide other co-owners with a preemptive right to purchase,\u201d – Head\nof \u201cDe jure\u201d says.  However, he warns against masking the sale of\nthe apartment in this way.  \u201cThis is\nrisky, because it is not legally stipulated anywhere that the buyer is obliged\nto pay the seller some money.  In\naddition, the owners of other shares may try to challenge the donation\ntransaction in court,\u201d- Filippov says.<\/p>\n\n\n\n

Read more \u2013 https:\/\/www.kp.ru\/putevoditel\/dom\/kak-prodat-dolyu-v-kvartire\/<\/a> <\/p>\n\n\n\n

My home is my fortress?<\/strong><\/p>\n\n\n\n

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

Apartment of\nthe author of the question was privatized before marriage.  His wife received a socially rented apartment\nand privatized it during the marriage. \nWill his apartment be considered the only residence during the\nbankruptcy of the author of the question? \nAnd can the wife’s apartment get into the bankruptcy estate?<\/p>\n\n\n\n

Taisiya\nRadchenko, lawyer of MCBA\n\u201cBureau of Lawyers \u201cDe jure\u201d, recalls that, as a general rule, property\nacquired by spouses during marriage is joint property of the spouses.  \u201cHowever, if the property is received by one\nof the spouses under a gratuitous transaction (in this case – privatization),\nit is not common and belongs to this spouse by right of ownership.  Thus, the wife’s privatized apartment is not\njointly acquired property and will not be included in the bankruptcy estate of\na bankrupt spouse,\u201d – the lawyer believes.<\/p>\n\n\n\n

But the\nquestion of whether the debtor’s apartment will be considered the only housing\ndepends on his actual place of residence. \n\u201cIn accordance with the Housing Code, the owner’s family members include\nthe spouse who lives with him in the dwelling. \nBy law, he has the right to use the premises on an equal basis with its\nowner.  If a citizen has such a right,\nthen it is possible to foreclose on another apartment of the citizen.  That is, if the debtor lives on his wife’s\nliving space, then his apartment will not have immunity.  The mere fact of registration in your\napartment is not enough to recognize it as the only home,\u201d- Radchenko sums up.<\/p>\n\n\n\n

Read more – https:\/\/www.domofond.ru\/statya\/vo_vremya_bankrotstva_budet_li_moya_kvartira_schitatsya_edinstvennym_zhilem\/100985<\/a><\/p>\n\n\n\n

Why do we pay for heating in summer?<\/strong><\/p>\n\n\n\n

Ramzan\nMezhidov, lawyer of MCBA \u201cBureau of Lawyers \u201cDe jure\u201d, explains that the tariff\nfor thermal energy is often quite complex and includes not only payment\ndirectly “for heat in the house”, but also for other costs. These\ninclude, in particular, the cost of energy, taxes, depreciation, payment of\nwages, payment for service of communications, their current repair and\nmodernization. Plus, you need to pay for some of the energy that was spent on general\nhousehold needs, i.e. heating staircases, elevator halls, etc. “The final\nprice is divided into a calendar year, not a “heating season”\nconsisting of nine months. Hence the need to pay for heating services during\nthe summer months,” – Mezhidov explains.<\/p>\n\n\n\n

Read more – https:\/\/www.domofond.ru\/statya\/pochemu_my_platim_letom_za_otoplenie\/100970<\/a> <\/p>\n\n\n\n

The seller provided an extract from the house book about those\nregistered for 2012.  Should we believe\nsuch data in 2020?<\/strong><\/p>\n\n\n\n

Ramzan\nMezhidov, lawyer of MCBA \u201cBureau of Lawyers \u201cDe jure\u201d, reminds that an extract\nfrom the house book itself as a document is not mandatory for registration of\nrights from the point of view of the law. However, it contains information\nabout persons registered in the house who may not have been mentioned in the\ncontract of sale. “Therefore, if this circumstance becomes clear during\nthe registration of the transaction during legal expertise, the registration of\nrights will be refused.<\/p>\n\n\n\n

There persons\nwho not only have the right to use residential real estate regardless of\nregistration, but also retain an indefinite right to use it after its sale. If\nyou do not specify them in the contract of sale, such a contract will be\nconsidered as not concluded, since, according to paragraph 1 of Article 558 of\nthe Civil Code of the Russian Federation, the specified information is an\nessential condition of the contract of sale of residential real estate,”  – the lawyer says. And he advises you to get\nan up-to-date extract from the house book.<\/p>\n\n\n\n

Read more – https:\/\/www.domofond.ru\/statya\/stoit_li_segodnya_verit_dannym_iz_vypiski_iz_domovoy_knigi_za_2012_g\/100975<\/a> <\/p>\n\n\n\n

The judicial system of the Russian Federation: everything an ordinary\ncitizen needs to know<\/strong><\/p>\n\n\n\n

The portal\n“Banks today” publishes an author’s article by lawyer of “De\njure ”  Maria Popolitova explaining\nexactly how the system of legal proceedings in Russia is organized and how\ncourts at different levels differ from each other.<\/p>\n\n\n\n

“The\ncourt in Russia has a horizontal and vertical structure,”- Popolitova\nwrites. \u2013 What do I mean?” Depending on who goes to court or defends\nhimself \u2013 an individual or a legal entity \u2013 it is necessary at first to determine\nwhich court \u2013 arbitration or General jurisdiction \u2013 is responsible for a\nparticular dispute. Arbitration courts mainly consider cases between\nentrepreneurs and legal entities, including administrative disputes, courts of\ngeneral jurisdiction – cases related to disputes between individuals, between\ncitizens and organizations, as well as administrative and criminal cases\u201d.<\/p>\n\n\n\n

Talking about\nthe “vertical of justice”, the lawyer of “De Jure” reminds\nthat the consideration of the dispute begins in the court of the first\ninstance.  \u201cThe appellate instance,\nconsidering the dispute, already has a fully formed case on its hands with all\nthe thoughts laid down by the parties to the trial at the initial stage.  Additional evidence is accepted by the court\nof second instance only in exceptional cases, if the party of the process\njustifies why it could not present the said evidence to the court of the first\ninstance. Hence, we conclude that the most important and often predetermining\nthe outcome of any case is the initial stage of legal proceedings,” – the\nauthor notes. After the ruling of the court of appeal, the decisions come into\nforce immediately. If the losing party still decides to go to the end, then\nwithin two\/three months from the date of entry of the decision into legal force\n(the period depends on whether it was an arbitration court or a court of\nGeneral jurisdiction), he will be able to file a complaint to the special\ncassation courts.<\/p>\n\n\n\n

Read more https:\/\/bankstoday.net\/last-articles\/sudebnaya-sistema-rf-vse-chto-nado-znat-obychnomu-grazhdaninu-rasskazyvaet-advokat<\/a><\/p>\n\n\n\n

Follow the news and current comments of our experts on our Yandex Zen\nchannel:<\/strong><\/p>\n\n\n\n

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First series of free bankruptcy conferences The Dolg.RF portal informs that today there is a unique opportunity to learn everything about debt recovery and subsidiary liability in the post-quarantine world.  \u201cAnyone can take part in a monthly intensive from July 6-27 for businessmen and top managers of enterprises,\u201d – the publication notes. The organizers of…<\/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\/33446"}],"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=33446"}],"version-history":[{"count":1,"href":"https:\/\/de-ure.ru\/en\/wp-json\/wp\/v2\/pages\/33446\/revisions"}],"predecessor-version":[{"id":33447,"href":"https:\/\/de-ure.ru\/en\/wp-json\/wp\/v2\/pages\/33446\/revisions\/33447"}],"wp:attachment":[{"href":"https:\/\/de-ure.ru\/en\/wp-json\/wp\/v2\/media?parent=33446"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}