{"id":33449,"date":"2020-12-30T16:25:02","date_gmt":"2020-12-30T13:25:02","guid":{"rendered":"https:\/\/de-ure.ru\/en\/?page_id=33449"},"modified":"2020-12-30T16:25:03","modified_gmt":"2020-12-30T13:25:03","slug":"press-review-for-june-1-15-2020","status":"publish","type":"page","link":"https:\/\/de-ure.ru\/en\/press-review-for-june-1-15-2020\/","title":{"rendered":"Press review for June 1-15, 2020"},"content":{"rendered":"\n

The last frontier of defense<\/strong><\/p>\n\n\n\n

Kommersant\npublishes an author’s column by Nikita Filippov, head of MCBA \u201cBureau of\nLawyers \u201cDe jure\u201d, dedicated to new trends in the legal consulting market. (At\nthe end of 2019, \u201cDe jure\u201d became the leader in the list of the largest Russian\nconsulting groups and companies in this area of professional services).  <\/p>\n\n\n\n

According to\nFilippov, today the main requests to lawyers are related to the prompt\nexplanation of legislative innovations and the use of provisions on force\nmajeure. “After the end of the six-month moratorium, an increase in\nbankruptcy cases and related separate disputes is expected. For confident\ncompanies, this means the risk of litigation to recover debts and the risk of\ncontesting transactions and payments,\u201d – the lawyer explains.  Another trend is the growth of cases on\nbringing the company management to subsidiary liability.<\/p>\n\n\n\n

\u201cThe share of\nlegal consulting in the total mass of the services market is not very\nlarge.  But this is the last frontier to\nprotect violated rights and interests. \nIn most cases, lawyers come into play when representatives of other\nareas are no longer able to correct the situation,\u201d – Filippov sums up.<\/p>\n\n\n\n

Read more \u2013 https:\/\/www.kommersant.ru\/doc\/4372547<\/a> <\/p>\n\n\n\n

Rash decisions are expensive<\/strong><\/p>\n\n\n\n

The magazine\n“Legal guarantee” publishes an article by Nikita Filippov, Head of\nMCBA \u201cBureau of Lawyers \u201cDe jure\u201d, about the risks of criminal prosecution due\nto decisions taken during self-isolation.  “Erich Maria Remarque said, everything\nthat can be settled with money is cheap. The loss of money is not as bad as the\nloss of freedom. Rash decisions can be very costly for company Leaders,” –\nthe lawyer warns.<\/p>\n\n\n\n

An attempt to\nsave money on employees’ salaries or on taxes can turn into a criminal article.\nFor example, depending on the leader\u2019s actions, the amount and types of unpaid\ntaxes, it can be up to 7 years in prison (Articles 199, 199.1, 199.2, 199.4 of\nthe Criminal Code of the Russian Federation). In addition, you need to take\ninto account the risks associated with challenging the legality of obtaining a\nloan and bankruptcy. “Our practice shows that charges of misconduct in\nbankruptcy and intentional bankruptcy very often go “hand in hand”\nwith cases of subsidiary liability. When reaching the threshold of 2.25 million\nrubles, almost all acts that entail civil liability are also subject to\nqualification under the Articles of the Criminal Code,” – Filippov shares\nhis experience. To avoid this, the lawyer advises to be as objective as\npossible in assessing the situation, even more carefully than before, check\ncontractors and perform the order of payments set out in Article 855 of the Civil\nCode of the Russian Federation.<\/p>\n\n\n\n

Read more \u2013 https:\/\/sibadvokat.ru\/magazine\/biznes-posle-koronavirusa-ugolovnye-posledstviya<\/a><\/p>\n\n\n\n

Debt restructuring of bankrupts and points for managers<\/strong><\/p>\n\n\n\n

Portal\nRusbankrot.ru publishes an article by Ksenia Stikhina, lawyer of MCBA \u201cBureau\nof Lawyers \u201cDe jure\u201d, about upcoming changes to the bankruptcy law.<\/p>\n\n\n\n

\u201cUnder the\ninfluence of the pandemic, we have entered an era of changes that have pierced\nall sectors and spheres of life,\u201d- the lawyer states. – Of course, all this\nleads to a change in legal regulation. \nOne of the first issues related to the modernization of law posed by the\nnew Prime Minister was the change in bankruptcy law \u2013 about which the\nGovernment of the Russian Federation was instructed by him on March 18,\n2020.<\/p>\n\n\n\n

The main idea\nof \u200b\u200bthe draft amendments to the bankruptcy law developed by the Ministry of\nEconomic Development and Trade is the replacement of the preparatory part of\nthe bankruptcy, called the observation and practically lifeless procedures. The\nproposed innovations, according to Stikhina, firstly, allow to determine the\narbitration manager who capable of conducting the proposed debtor procedure\nwith a certain amount of assets, and secondly, the random choice of the manager\ncan ensure its independence and objectivity. “Thus, debt restructuring for\nlegal entities is designed to reduce the duration of bankruptcy proceedings,\nwhich are often unreasonably delayed, and the point system of arbitration\nmanagers and the new procedure for their approval should ensure the\nindependence and objectivity of arbitration managers,”  – the lawyer believes.<\/p>\n\n\n\n

Read more \u2013 https:\/\/rusbankrot.ru\/people\/izmeneniya-zakona-o-bankrotstve-restrukturizatsiya-dolgov-yurlits-i-ballnaya-sistema-arbitrazhnykh-u\/?fbclid=IwAR3ZYEFy07c4_yx-JgLZYAVP-3nI72vQw_Cu9OvQE1cCv4mzM4JDqQBPssk<\/a> <\/p>\n\n\n\n

Post-covid reality: what awaits the litigators<\/strong><\/p>\n\n\n\n

The portal\nPravo.ru reports that the Economic Collegium of the Supreme Court of the\nRussian Federation held the first online process on May 13.  During this time, more than 1326 video\nmeetings were held in arbitration courts and more than 3777 have already been\nappointed.  \u201cObviously, there is interest\nin online justice and it will grow even after all restrictions are removed,\u201d – the\npublication said. At the same time, Article 155.1 of the Civil Procedure Code\nand Article 153.1 of the APC (Arbitration Procedure Code) of the Russian\nFederation allow conducting hearings by video conference only from another\ncourt, which establishes the identity and powers of the participants in the\nprocess. “Now the practice has already taken another way. It is necessary\nto prepare a bill that meets its needs, takes into account the basic principles\nof the process and ensures the possibility of implementing the rights of\nparticipants,” – the publication states. And it reminds that one such bill\nwas proposed by senators Klishas and Russkikh together with MCBA \u201cBureau of\nLawyers \u201cDe jure\u201d, while the other is being prepared by the Government.<\/p>\n\n\n\n

Read more \u2013 https:\/\/pravo.ru\/story\/221810\/?desc_tv_4<\/a>=<\/p>\n\n\n\n

Legalize video courts!<\/strong><\/p>\n\n\n\n

Portal\nRspectr.com publishes an article by Nikita Filippov, Head of MCBA \u201cBureau of\nLawyers \u201cDe jure\u201d, in which he discusses the advantages, risks, and necessity\nof legislative regulation of the emerging practice of video review of cases.<\/p>\n\n\n\n

On March 18, the\nSupreme Court of the Russian Federation recommended that courts suspend\nproceedings in cases that do not require urgent consideration, as well as with\nthe availability of technical capabilities to use video conferencing systems (VCS).  And already at the end of March, proceedings\nbegan using the WhatsApp messenger, Skype, and so on.  As a result, by the end of May, more than 5.8\nthousand court sessions\nwere held in arbitration courts through the VCS.<\/p>\n\n\n\n

\u201cOnline\njustice is, first of all, the expansion of options for people’s participation\nin judicial protection of their rights,\u201d- Filippov is convinced.  \u201cNow, for many citizens with disabilities,\nvisiting the court is very difficult, and video vessels for them are a good way\nto directly express their position and thereby more fully realize their rights.\u201d\nIn addition, video courts allow to reduce costs (lawyers do not need to\nreimburse travel expenses), and competition will also grow (to participate in\nthe process, for example, in Moscow, you can now invite a lawyer from\nKhabarovsk, and vice versa). <\/p>\n\n\n\n

On the other\nhand, it is not clear whether it is possible to reliably establish the identity\nof the participant in the process, if he is identified through ESIA.  Many issues around video vessels must be\nresolved at the law level.  That is why of\nMCBA \u201cBureau of Lawyers \u201cDe jure\u201d, together with members of the Federation\nCouncil Andrei Klishas and Alexey Russkikh, has developed an appropriate\npackage of bills.  One way or another,\nthe process of legalizing video vessels has already begun, Filippov concludes.<\/p>\n\n\n\n

Read more \u2013 https:\/\/rspectr.com\/articles\/629\/nuzhno-li-legalizovat-videosudy<\/a><\/p>\n\n\n\n

Will online sessions lead to new requirements?<\/strong><\/p>\n\n\n\n

Portal Pravo.ru\nreminds that since ancient times, the clothes in which judges, lawyers, and\neven the accused appeared had a symbolic meaning. And it wonders if the\nrequirements for clothing can change in remote processes.<\/p>\n\n\n\n

In Russian\ncourts, there is no special single regulation that would regulate the dress\ncode for participants in the trial. \nNikita Filippov, Head of MCBA \u201cBureau of Lawyers \u201cDe jure\u201d, believes\nthat there is no reason “to pass any special law on this topic\neither.”  And one must be guided by\ncommon sense and a sense of proportion. \nFor example, the dark suit of a lawyer is \u201ca sign of belonging to the\nprofession, to the world of jurisprudence\u201d. As well as a reflection of the\nattitude to work, to the case under consideration, to the client and the court.\n\u201cHence is the understanding that it is necessary to come to the process in a\nbusiness suit.  Variegated outfits,\nclumsy colors or overly explicit outfits distract from the essence of the\nmatter,\u201d- Filippov said.  In the case of\nonline meetings, the main thing is to create a business atmosphere. Therefore,\nalmost the same requirements will apply to the appearance of participants in\nonline meetings as before.  \u201cThe only\nrelief that may be in the online process, it seems to me, will be associated\nwith wearing of protective masks and gloves. \nUnfortunately, we understand that coronavirus is for a long time,\u201d – Head\nof MCBA \u201cBureau of Lawyers \u201cDe jure\u201d states.<\/p>\n\n\n\n

Read more \u2013 https:\/\/pravo.ru\/story\/221999\/?desc_autoload<\/a>= <\/p>\n\n\n\n

Did you make a mistake?<\/strong><\/p>\n\n\n\n

Pravo.ru\nanalyzes high-profile cases that the Supreme Court should resolve in the near\nfuture.  One of them is a dispute over\nthe property of the former military unit in Crimea privatized in 2007.  The Russian Ministry of Defense filed a\nlawsuit against the new owner and won in the courts of lower instances. The\nappeal and the district court upheld the Ministry’s vindication claim,\nbecause  purchase and sale agreement of\n2007 year was not certified by a notary, therefore, it is not concluded. At the\nsame time, the courts ignored other evidence in the case. For example, the\ndecision of the Economic Court of Crimea, which in 2008 recognized the contract\nas valid.<\/p>\n\n\n\n

Yulia\nMeshkova, lawyer of MCBA \u201cBureau of Lawyers \u201cDe jure\u201d, believes that the courts\nmistakenly did not apply the three-year statute of limitations, which should\nhave been counted from the date of conclusion of the purchase and sale\nagreement in 2007. Herewith, when the owner changes the statute of limitations\ndoes not start flowing again. In addition, the courts committed other\nprocedural violations, the expert notes: under the agreement of 2018, the\nownership of the disputed object passed from the Defendant to another person\nwho was not involved in the case.<\/p>\n\n\n\n

Read more \u2013 https:\/\/pravo.ru\/story\/222280\/?desc_chrono_1_2<\/a>= <\/p>\n\n\n\n

Punctures of the investigation<\/strong><\/p>\n\n\n\n

Also,\nPravo.ru analyzes the most common mistakes made by investigators in the\ninvestigation of tax cases.<\/p>\n\n\n\n

As a rule,\ninspections cover the last 3-5 years of the company’s activity, which does not\ncreate prerequisites to release from liability for the expiration of the statute\nof limitations. However, a poorly conducted investigation can sometimes lead to\nthe termination of the case due to the statute of limitations, Ivan Spiridonov\nfrom of\nMCBA \u201cBureau of Lawyers \u201cDe jure\u201d reminds. This is possible if the confirmed\namount of damage during the investigation is less than 45 million rubles, given\nthat the procedural and all necessary tax checks last a very long time,\nSpiridonov explains.<\/p>\n\n\n\n

Read more \u2013 https:\/\/pravo.ru\/story\/221058\/<\/a> <\/p>\n\n\n\n

Don’t leave the company!<\/strong><\/p>\n\n\n\n

The magazine\n“Corporate lawyer” publishes the author’s article of Evgeny Mikhailov\n, lawyer of MCBA \u201cBureau of Lawyers \u201cDe jure\u201d, “The Story of why you\nshould not leave the LLC, or how the scheme of honest withdrawal of money in\nbankruptcy works\u201d. It includes the analysis of a new enrichment scheme at the\nexpense of businessmen who forget to liquidate a company that has become\nunnecessary in time.<\/p>\n\n\n\n

According to\nMikhailov, in the last couple of years, situations have become typical when a\ncreditor who has a bad debt to a “dead” company “sues” it\nand begins bankruptcy proceedings. Since the debtor actually exists only on\npaper, this stage is easy. And then, with the help of a bankruptcy Trustee, new\nones are “wound up” on the initial small debt. It can be fines and\npenalties or other obligations.  The task\nis to inflate debt as much as possible. \nAt the final stage, through the mechanism of subsidiary liability, the\ndebt is assigned to any of the persons involved in the management of the debtor\ncompany.<\/p>\n\n\n\n

“There\nare two main guidelines on how to reduce the amount of debts that are going to\nbe imposed on a person who is being brought to subsidiary liability\u201d, – lawyer of\n\u201cDe Jure\u201d notes.    \u2013 The first is to\nappeal against the arbitration court’s rulings that included overstated claims\nin the register of creditors’ claims. The second is to file a complaint about\nthe failure of the arbitration Manager, who for some reason forgot, for\nexample, to declare the excess of the penalty, or to skip the Statute of\nlimitations.”<\/p>\n\n\n\n

Read more \u2013 https:\/\/e.korpurist.ru\/817206<\/a> <\/p>\n\n\n\n

Golden square meters<\/strong><\/p>\n\n\n\n

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

How to divide\nthe housing purchased on matkapital in a civilized way after the divorce? Which\nway is easier and more reliable to go if one spouse wants to remain the sole\nowner in the “old” apartment, and his parents are ready to give one\nof their apartments to their daughter-in-law and granddaughters?<\/p>\n\n\n\n

According to\nYulia Meshkova, lawyer of MCBA \u201cBureau of Lawyers \u201cDe jure\u201d, since the\napartment was purchased using the maternity capital, it should be issued into the\ncommon property of spouses and children with the determination of the size of\nthe shares under the agreement.”Regarding the procedure for resolving\nproperty issues with your spouse, we believe the following option is the most\noptimal: making a donation agreement for an apartment planned for transfer to\nyour spouse, between your parents and you.<\/p>\n\n\n\n

Next – the\nconclusion of an agreement on the exchange of real estate between you and your\nspouse, in which it is also possible to provide for the allocation of shares of\nminor children in exchange for shares in a shared apartment (subject to the\nconsent of the guardianship and trusteeship authorities).  In this case, the moment of conclusion of the\nexchange agreement (before or after the dissolution of the marriage) will not\nmatter,\u201d – Meshkova explains.<\/p>\n\n\n\n

Read more – https:\/\/www.domofond.ru\/statya\/kak_tsivilizovanno_podelit_zhile_s_suprugoy_posle_razvoda_\/100922<\/a> <\/p>\n\n\n\n

Will the gift\nof an apartment between a stepson and a stepmother be considered a transaction\nbetween relatives?<\/strong><\/p>\n\n\n\n

\u201cFor the\npurpose of exemption from taxation, most likely not,\u201d- said Alexey Te, lawyer\nof MCBA\n\u201cBureau of Lawyers \u201cDe jure\u201d.  According\nto him, the Family Code establishes a closed list of family members and close\nrelatives who are eligible for benefits: spouses, parents and children,\nincluding adoptive parents and adopted children, grandfather, grandmother and\ngrandchildren, full and half-parent (having a common father or mother) brothers\nand sisters. “You can try to recognize the stepson and stepmother as\nfamily members in court and claim tax exemption on the basis of a court act.\nThis method, in particular, was used in a specific case (see the appeal ruling\nof the Belgorod Regional Court of July 9, 2013 in case No. 33-2150). In this\ncase, such issues as the fact of cohabitation, mutual care and respect,\ntrusting relationships, maintaining a common budget will be investigated in\ncourt,\u201d – Te advises.<\/p>\n\n\n\n

Read more \u2013 https:\/\/www.domofond.ru\/statya\/budet_li_schitatsya_darstvennaya_na_kvartiru_sdelkoy_mezhdu_rodstvennikami\/100916<\/a> <\/p>\n\n\n\n

Can the husband\u2019s children qualify for an apartment purchased in a\nmarriage if a prenuptial agreement has been signed?<\/strong><\/p>\n\n\n\n

Lawyer of “De\njure” Yakov Bulut is sure that if there is a prenuptial agreement,\n“the probability that your spouse’s children will be able to claim a share\nin your apartment after his death is very small.”<\/p>\n\n\n\n

\u201cTaking into\naccount the circumstances stated by you, the prenuptial agreement was concluded\nbefore the purchase of the apartment, so it is necessary that its effect extends\nto the property purchased after its conclusion,\u201d – the lawyer recommends. \u201cFor\n100% insurance of your interests, you can conclude an additional agreement to the\nprenuptial agreement, which determines that your apartment is only your\nproperty.  The spouse may also issue a\nwill in which it should be indicated that only the property belonging to him at\nthe time of his death is transferred to his children. \u201d<\/p>\n\n\n\n

Read more – https:\/\/www.domofond.ru\/statya\/mogut_li_deti_muzha_pretendovat_na_moyu_kvartiru\/100908<\/a> <\/p>\n\n\n\n

How to arrange guest rooms above the garage to rent them daily?<\/strong><\/p>\n\n\n\n

Denis\nAmelchenko, lawyer of MCBA \u201cBureau of Lawyers \u201cDe jure\u201d, explains that in\naccordance with paragraph 2 of Article 23 of the Federal Law of March 30, 1999\nNumber 52-FL (as amended on July 13, 2015) \u201cOn the Sanitary and Epidemiological\nWell-Being of the Population\u201d, provision of non-residential premises to\ncitizens for permanent or temporary residence is not allowed. So the garage\nwill have to be converted into a living space. In accordance with Article 288\nof the Housing Code of the Russian Federation, residential premises can be\nrented by their owners for living on the basis of a contract. “And\nremember: before you start making a profit by renting out rooms, you must take\ninto account that such activities will be considered entrepreneurial. Therefore,\nit should be issued in an appropriate manner and not violate the law, including\ntax,” the expert warns.<\/p>\n\n\n\n

Read more – https:\/\/www.domofond.ru\/statya\/kak_oformit_gostevye_komnaty_chtoby_sdavat_ih_posutochno\/100907<\/a> <\/p>\n\n\n\n

Blockchain on\nthe guard of intellectual property<\/strong><\/p>\n\n\n\n

The online\nmagazine Maff publishes an article by Viktor Probichev, Head of Legal Tech\nDepartment of MCBA \u201cBureau of Lawyers \u201cDe jure\u201d, “How are blockchain\ntechnology and intellectual property objects connected”.<\/p>\n\n\n\n

According to\nthe author, “blockchain in the modern world of digital realities plays a\nrole that is quickly becoming increasingly important in almost all areas of\npublic relations.”  These\ntechnologies occupy a special place in the field of guard, protection and use\nof intellectual property.  On the basis\nof the blockchain, for example, a new musical ecosystem is emerging. New\nstart-ups appear that provide the author with complete control over the use of\nhis works by others.  \u201cToday, issues of\nprotecting intellectual property with the help of blockchain are solved to a\ngreater extent by technical means of protection and IT companies than by lawyers.  This is due to the lack of qualified lawyers\nboth in the field of intellectual property and in the field of technologies\nunder consideration,\u201d- Probichev believes.<\/p>\n\n\n\n

Read more\u2013 https:\/\/maff.io\/blockchain_and_copyright\/<\/a> <\/p>\n\n\n\n

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

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The last frontier of defense Kommersant publishes an author’s column by Nikita Filippov, head of MCBA \u201cBureau of Lawyers \u201cDe jure\u201d, dedicated to new trends in the legal consulting market. (At the end of 2019, \u201cDe jure\u201d became the leader in the list of the largest Russian consulting groups and companies in this area 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\/33449"}],"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=33449"}],"version-history":[{"count":1,"href":"https:\/\/de-ure.ru\/en\/wp-json\/wp\/v2\/pages\/33449\/revisions"}],"predecessor-version":[{"id":33450,"href":"https:\/\/de-ure.ru\/en\/wp-json\/wp\/v2\/pages\/33449\/revisions\/33450"}],"wp:attachment":[{"href":"https:\/\/de-ure.ru\/en\/wp-json\/wp\/v2\/media?parent=33449"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}