{"id":33453,"date":"2020-12-30T16:41:16","date_gmt":"2020-12-30T13:41:16","guid":{"rendered":"https:\/\/de-ure.ru\/en\/?page_id=33453"},"modified":"2020-12-30T16:41:18","modified_gmt":"2020-12-30T13:41:18","slug":"press-review-for-june-16-30-2020","status":"publish","type":"page","link":"https:\/\/de-ure.ru\/en\/press-review-for-june-16-30-2020\/","title":{"rendered":"Press review for June 16-30, 2020"},"content":{"rendered":"\n

The rejection of flat rate<\/strong><\/p>\n\n\n\n

 RBC is thinking about the reasons and\nconsequences of abandoning the flat income tax scale and increasing the rate\nfor the rich.  Nikita Filippov, Head of\nMCBA \u201cBureau of Lawyers \u201cDe jure\u201d, believes the reason is in the budget\ndeficit, which is now acutely felt. At the same time, according to the expert,\nopponents of the progressive tax scale are afraid of mass tax evasion. In\naddition to “grey salaries”, this can be done by splitting up the\nbusiness or dividing the property. And in the end, this will affect the entire\ntax system.  <\/p>\n\n\n\n

When asked\nhow innovation will affect crypto traders, lawyer Filippov answered:\n\u201cCryptocurrency circulation is not legalized on the territory of the Russian\nFederation. There are no international agreements on their working principles\nand mechanisms for tracking and controlling transactions.  Therefore, at the moment, the use of digital\nmoney may be one of their ways to escape from the supervision of our fiscal\nauthorities. \u201d According to the lawyer, this problem should be solved by the\nlaw governing the circulation of cryptocurrencies.<\/p>\n\n\n\n

Read more \u2013 https:\/\/www.rbc.ru\/crypto\/news\/5eeb57139a7947363ab099de<\/a> <\/p>\n\n\n\n

Driving in a drunken rage<\/strong><\/p>\n\n\n\n

The media are\nactively discussing the story of a fatal accident with the participation of actor\nMikhail Efremov.<\/p>\n\n\n\n

Auto Mail.ru\nportal reports that the actor was diagnosed with chronic alcoholism and wonders\nwhat now.<\/p>\n\n\n\n

Konstantin\nGurevich, attorney from\nMCBA \u201cBureau of Lawyers \u201cDe jure\u201d, in an interview with the portal said:\n\u201cThere are no restrictions on conducting forensic psychiatric examinations of\npersons accused of committing unintentional crimes in the Code of Criminal\nProcedure of the Russian Federation.  The\nmere fact of establishing a diagnosis cannot speak of sanity or insanity of a\nperson.  Insanity regarding a particular\nsocially dangerous act precludes the possibility of sentencing. The conclusion\non sanity or insanity is given by a forensic medical expert-a\npsychiatrist.”  When asked who will\nbe responsible for issuing the certificate to a sick person, the \u201cDe Jure\u201d\nrepresentative emphasized that “if the driver at the time of passing the\nmedical commission did not show signs of diseases that prevent driving, then\nthere is nothing to talk about.”<\/p>\n\n\n\n

Read more \u2013 https:\/\/auto.mail.ru\/article\/77945-efremova_sobirayutsya_pozhiznenno_lishit_voditelskih_prav\/<\/a><\/p>\n\n\n\n

______<\/strong><\/p>\n\n\n\n

Profile Magazine\nanalyzes the world experience of bringing to responsibility for driving\n“tipsy”. As it turns out, the punishment for a fatal accident in\nRussia is one of the mildest in the world, the publication concludes. \u201cIn\nFrance, if a traffic accident committed by a driver while intoxicated had\nserious consequences, the fine can reach 150 thousand euros,\u201d says Nikita\nFilippov, head of MCBA \u201cBureau of Lawyers \u201cDe jure\u201d.  \u201cThis is in addition to a prison term of 10\nyears.\u201d In Finland, the lawyer says, the criminal law in principle does not\nprovide for fines for people who have committed an accident while\nintoxicated.  Only a real or conditional\nprison term of between six months and five years is implied.  In addition, the driver is deprived of his\nlicense for up to five years, and he automatically loses all insurance: for the\ncar and medical.<\/p>\n\n\n\n

“In\norder to prevent such crimes, the principle of a fine is used, depending on the\noffender’s earnings, – Filippov notes. – In addition, the size of the fine depends\non the number of ppm. How\nmuch you drank, you will pay so much. \nAnd according to statistics of Finland every year there are fewer drunk\ndrivers registered in the country.”<\/p>\n\n\n\n

In the UK, he\nsays, besides enormous fines, there is a punishment of up to 14 years in prison.\nInsurance companies refuse to indemnify in the event of an accident with a\ndrunk driver.  In such cases, the culprit\ncompensates the harm from his own pocket and is deprived of his driving license\nfor at least two years.<\/p>\n\n\n\n

 \u201cIn Sweden, the amount of criminal punishment\nis not as large as in the countries listed – from six months to one and a half\nyears and payment of damage, respectively, – lawyer Filippov continues. –\nBut the State is carrying out strong social pressure on the culprit, such as\nequipping the car with an\nalcohol-based lock for three years and a special sticker on the car for\nthree years, indicating that the drunk driver is driving and there is danger\nfor others from the car.\u201d<\/p>\n\n\n\n

In Belarus,\naccording to him, there is a fine of $700 to $1000, a prison term of up to\nseven years, and the car is subject to seizure in the state’s revenue.\n“And if two or more people are injured in a traffic accident, the sentence\nis from 4 to 10 years in prison, – says the Head of “De jure”. – From\nwhich we can conclude that in Russia there is still a fairly tolerant attitude\ntowards drunk drivers.  It\u2019s definitely\ntime to change and apply such measures as in Finland and Sweden, and in case of\nrelapse – to deprive people of their driving license for life.\u201d<\/p>\n\n\n\n

Read more \u2013 https:\/\/profile.ru\/society\/zakon-surov-osobennosti-nakazaniya-za-dtp-so-smertelnym-isxodom-v-raznyx-stranax-341588\/<\/a> <\/p>\n\n\n\n

New Big Brother:  why is the\nUnified Register of Citizens needed?<\/strong><\/p>\n\n\n\n

Clerk.ru\npublishes an author’s article by Nikita Filippov, Head of MCBA \u201cBureau of\nLawyers \u201cDe jure\u201d, about the law \u201cOn the Unified Federal Information Register\nContaining Information on the Population of the Russian Federation\u201d that the President\nhas just signed.  The register will\ncontain detailed information about each person – last name, first name,\npatronymic, date of birth and death, marital status, identifiers (passport\nnumber, SNILS, INN, OMS policy), information on registration and much\nmore.  Also, the register will contain a\nlink to a profile in State Services.<\/p>\n\n\n\n

\u201cOpponents of\nthe adoption of the law say that as a result, the state will receive a tool for\nbetter control over information about citizens at the expense of their safety,\u201d-\nFilippov writes.  At the same time,\naccording to him, the law does not provide for the collection of new data on\ncitizens, but only brings all this information into one database.<\/p>\n\n\n\n

\u201cThe Federal\nRegister, like any other instrument, can serve both positive purposes and cause\nharm, depending on whose hands it is in. \nBut this does not mean at all that society does not need this tool, it\nis only necessary to establish clear rules on how to use it, so as not to\nviolate the interests of society.  It\nseems that this law fulfills this function to a large extent.  And how it will be in practice, we will soon\nfind out,\u201d – the lawyer summarizes.<\/p>\n\n\n\n

Read more \u2013 https:\/\/www.klerk.ru\/buh\/articles\/500732\/<\/a> <\/p>\n\n\n\n

Adapting to new conditions<\/strong><\/p>\n\n\n\n

 A number of publications publish articles on\nhow a business begins to recover after mitigating measures taken to combat\ncoronavirus.<\/p>\n\n\n\n

\u201cThe\ncompany\u2019s lawyer\u201d magazine publishes an article by Tamerlan Zelikov, lawyer of MCBA\n\u201cBureau of Lawyers \u201cDe jure\u201d, and Daria Romanova, chief editor of the\npublication, \u201cWhen should a company reimburse an employee for expenses related\nto a remote business\u201d.  \u201cThe employer\nmust provide the employee with equipment, tools, documentation and other means\nthat he needs for work.  If the company doesn\u2019t\ndo this, it does not have the right to demand from the employee the performance\nof official duties and punish him for not completing the work,\u201d – the authors\nnote. If the company has provided the employee with fixed assets for work, it\ndoes not always have to compensate for additional expenses. It will be\nnecessary to reimburse expenses, for example, if the manager gave an order that\ninitially involves the employee’s expenses. \nIn this case, the employee must confirm the expenses with documents, for\nexample, a receipt for payment.  If the\ndocuments are not presented, then they do not need to be reimbursed.<\/p>\n\n\n\n

Read more \u2013 https:\/\/e.law.ru\/?btx=11164083<\/a> <\/p>\n\n\n\n

_____<\/strong><\/p>\n\n\n\n

Inguru portal\ninforms about the explanation of the Supreme Court, according to which the\nborrower will be able to take a credit vacation twice. Once \u2013 under the basic\nlaw on mortgage holidays, and the second – under a new law that came into force\nin 2020 and allows you to postpone the payment of loans for six months due to a\nreduction in income by 30%.<\/p>\n\n\n\n

Nikita\nFilippov, Head of MCBA \u201cBureau of Lawyers \u201cDe jure\u201d, explained this innovation\nwith an example.  \u201cOn October 25, 2019,\nthe Borrower entered into a mortgage agreement for the purchase of an apartment\nin Moscow in the amount of 4 million rubles. \n19.02.2020 the Borrower asks the Bank to reduce the amount of payments\nunder the mortgage agreement to 20,000 rubles for 3 months due to a decrease in\nincome by more than 30% (the Borrower complies with all requirements\nestablished by the basic law). The Bank provides the Borrower with a credit\nvacation for up to 19.05.2020 with a reduced payment amount. The borrower’s\nfinancial situation has not improved due to the spread of COVID-19 and the\nintroduction of restrictions, and he wants to completely suspend payments. It\nhas the right to apply to the Bank with a request to suspend payments under the\nnew law, but only after 19.05.2020.”<\/p>\n\n\n\n

Read more \u2013 https:\/\/money.inguru.ru\/navigator\/stat_dvojnye_kreditnye_kanikuly_chto_ehto_i_kak_vospolzovatsya?fbclid=IwAR11sBsTecOTAoAorqFVCUcdh-OOVMxWpuCCpX0uQYsZ7qdB03C7Cr-yACM<\/a><\/p>\n\n\n\n

______<\/strong><\/p>\n\n\n\n

The program\n\u201cTogether is beneficial\u201d of the television company \u201cMir\u201d recalls that the\nRussian Government has expanded the program to support parents with children\nunder 18 years of age.  For example,\nalong with unemployment benefits, citizens will receive a payment for each\nchild in the amount of 3,000 rubles from June to August inclusive, additional\npayments for children under 3 years old – 5,000 rubles for three months, from 3\nto 16 years old – 10,000 rubles, and another payment – for all children under\n16 years old – 10,000 rubles each.<\/p>\n\n\n\n

In addition,\nthe amount of maternal capital is growing. \n\u201cThe size of maternal (family) capital is increasing by 150 thousand\nrubles, – Nikita Filippov, Head of MCBA \u201cBureau of Lawyers \u201cDe jure\u201d, told\nreporters.  – Now it is 616 thousand 617\nrubles.  The same amount is paid at birth\nand adoption of the third and subsequent children from January 1, but only on\ncondition that the parents have not used these measures of state support\nearlier.\u201d<\/p>\n\n\n\n

Read more \u2013 http:\/\/mirtv.ru\/video\/66385\/<\/a> <\/p>\n\n\n\n

Court cases<\/strong><\/p>\n\n\n\n

The portal\nPravo.ru covers a judicial precedent case that reached the Supreme Court of the\nRussian Federation: a magistrate made a decision on the case from\nvacation.  Is such labor zeal\nappropriate?  The courts of two instances\nconsidered it appropriate.  But the\nSupreme Court indicated a gross violation of the procedure for bringing a person\nto administrative responsibility, established by the law on magistrates.<\/p>\n\n\n\n

Alexey Te,\nlawyer of MCBA \u201cBureau of Lawyers \u201cDe jure\u201d, explains: \u201cThe magistrate, who\ngoes on a planned vacation, had to complete all preparatory procedural\nactions.  The Chairman of the District\nCourt did not adopt a decision on the assignment of duties to another\nmagistrate for the duration of the leave, and this violated the procedure for\nconsidering the case.  The magistrate,\naccordingly, is also not entitled to accept the case after the start of the\nvacation. \u201d<\/p>\n\n\n\n

Read more \u2013 https:\/\/pravo.ru\/story\/222860\/?desc_tv_2<\/a>= <\/p>\n\n\n\n

_____<\/strong><\/p>\n\n\n\n

The Highest Court\nalso explained when communal payments can be made against debt, and when\nnot.  The Supreme Court recalled: if the\npayment document does not contain data on the billing period, the money\ndeposited on its basis is counted as payment for housing and communal services\nfor the period indicated by the citizen (Article 3191 of the Civil Code).  \u201cThe Highest Court managed to maintain a\nbalance of interests of citizens and management organizations.  On the one hand, managers can set off money\nwithin the limitation period.  On the\nother hand, they are not able to freely interpret the will of the\nconsumer,” – Nikita Filippov, head of MCBA \u201cBureau of Lawyers \u201cDe jure\u201d,\ncommented on the decision.<\/p>\n\n\n\n

Read more \u2013 https:\/\/pravo.ru\/story\/220595\/<\/a><\/p>\n\n\n\n

_______<\/strong><\/p>\n\n\n\n

The\nshareholder did not receive the apartment on time and went to court to recover\na penalty, a fine, and moral damage.  The\ndeveloper claimed that the statute of limitations has passed. The courts of two\ninstances decided that if the Statute of limitations on the main claim has\nexpired, then the Statute of limitations on the additional claim has also\nexpired. But the Supreme court explained that this is the wrong approach. The\nStatute of limitations is calculated separately for each overdue payment.  \u201cJudicial practice regarding the calculation\nof the Statute of limitations for claims for the payment of the penalty\nseparately for each day of delay has been developed for a long time and\nunambiguously,\u201d – says Alexey Te, lawyer of MCBA \u201cBureau of Lawyers \u201cDe\njure\u201d.  In addition, in November 2019,\nthe Presidium of the Supreme Court issued a review of judicial practice, which\nindicated: the provisions of paragraph 1 of Article 207 of the Civil Code do\nnot apply to the requirement to recover a penalty in the case when the main\nobligation is fulfilled by the debtor with delay, but within the limitation\nperiod<\/p>\n\n\n\n

Read more \u2013 https:\/\/pravo.ru\/story\/222510\/<\/a> <\/p>\n\n\n\n

Holy Private Property<\/strong><\/p>\n\n\n\n

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

How to put up\na fence if the neighbors\nhave an old garage, a bathhouse and a temporary house in 50 cm from\nthe border?  They refuse to demolish them\nand they themselves threaten\nwith a court, since the neighbor\u2019s house is also not at a distance of three\nmeters.<\/p>\n\n\n\n

Yulia\nMeshkova, lawyer of MCBA \u201cBureau of Lawyers \u201cDe jure\u201d, believes that \u201ca bad\nworld is better than a good quarrel.\u201d “We recommend that you resolve the\nissue with your neighbors peacefully, since legal disputes in this category of\ncases take quite a long time and are accompanied by significant financial costs\n(payment of the state fee for the consideration of the claim, the cost of\nconducting an examination, etc.). In addition, given the existence of\nviolations of building codes on your part, namely the location of the house at\na distance of less than 3 m to the border of the neighboring plot, the results\nof the legal dispute may entail adverse consequences for you.” The lawyer\nrecalls that according to Article 222 of the Civil Code of the Russian\nFederation, an unauthorized construction, including a building erected in\nviolation of urban planning and building codes and rules, is subject to\ndemolition or bringing into compliance with the parameters established by the\nmandatory requirements for the construction parameters provided by law.<\/p>\n\n\n\n

Read more \u2013 https:\/\/www.domofond.ru\/statya\/kak_postavit_zabor\/100929<\/a> <\/p>\n\n\n\n

Is it necessary to allocate a share in an apartment purchased using\nmaternity capital to a third child who was born after buying the apartment?<\/strong><\/p>\n\n\n\n

Lawyer of\n“De jure” Igor Valuev is convinced that it is not necessary to do\nthis, “because by the time of the birth of the third child, the maternity\ncapital has already been used”. According to the lawyer, the rights to a\nshare in such a dwelling on an equal basis with parents are acquired only by\nchildren born by the time the certificate for maternity capital is used.  But consent to the sale from the guardianship\nauthorities will have to be obtained (Clause 4 of Article 292 of the Civil Code\nof the Russian Federation, Article 21 of the Federal Law of 24.04.2008 N 48-FZ\n(as amended on 01.03.2020) \u201cOn Custody and Guardianship\u201d).<\/p>\n\n\n\n

Read more \u2013 https:\/\/www.domofond.ru\/statya\/nuzhno_li_vydelyat_dolyu_rebenku_v_kvartire\/100943<\/a>   <\/p>\n\n\n\n

______<\/strong><\/p>\n\n\n\n

Mother gave\nher daughter \u215a of apartments.  After\nthat, the daughter bought the remaining \u2159 from her brother for maternity\ncapital and drove her mother out of the apartment.  Mother saved up money, hired a lawyer, and\nreturned her share of the apartment.  But\nshe turned out to be a hostage to the maternity capital.  When buying a \u2159 share for maternity capital,\nthe daughter doubled the value of the share. \nIs there a chance for the mother to declare the contract of sale of \u2159\nshare bought for the maternity capital invalid?<\/p>\n\n\n\n

\u201cDe jure\u201d\nlawyer Jacob Bulut believes that it will be problematic to challenge the\ncontract of sale of \u2159 of the share by the mother, since the owner was not she,\nbut her son.  \u201cIn addition to the fact\nthat there are defects in the disputed transaction, the mother will also need\nto prove to the court that her rights were violated when the transaction was\nconcluded.  Moreover, it should be borne\nin mind that, most likely, such a transaction is disputable, and not void, in\nconnection with which the limitation period will be equal to one year\n(paragraph 2 of Article 181 of the Civil Code of the Russian Federation) from\nthe date of the transaction.  Perhaps at\nthe moment it has expired,\u201d – the lawyer says.<\/p>\n\n\n\n

Read more \u2013 https:\/\/www.domofond.ru\/statya\/mozhno_li_priznat_dogovor_kupli_prodazhi_doli_nedeystvitelnym\/100949<\/a> <\/p>\n\n\n\n

Is the court as the arbiter of the law and \/ or its creator?<\/strong><\/p>\n\n\n\n

The portal\n“Banks today” publishes an article by Igor Valuev, lawyer of “De\njure”, in which he explains the difference between the Anglo-Saxon and\nRomano-German legal systems. For the first, the author notes, the predominance\nof precedent as a source of law is characteristic. “The rule-making\nfunction of the court not only gives the judge broad powers, but also as a\nresult imposes higher requirements on the judges themselves, so that they can\nnot only apply the law, but also when it is necessary to create it,” –  Valuev writes.<\/p>\n\n\n\n

The\nRomano-Germanic system, which includes Russia, is characterized by the\ncodification of legislation following the example of Justinian’s digests.<\/p>\n\n\n\n

\u201cIn an\nAnglo-Saxon legal system, a judge can go beyond the limits of the established\nlaw, recognizing the case as \u201cunique\u201d and requiring special regulation.  However, this gives to the court more\noccasions for abuse of power.  Russia has\nits own legislation that regulates the activities of judges, establishes the\nrequirements that are imposed on them, and determines the order of their\nactivities,\u201d – the lawyer explains.<\/p>\n\n\n\n

Read more \u2013 https:\/\/bankstoday.net\/mnenie\/v-kakie-stranah-sud-yavlyaetsya-vershitelem-zakona-a-v-kakih-eshhyo-i-tvortsom?fbclid=IwAR1qOKOIk-BQQDxJXxIWioM2axaVOXNWYf-HY34mp_rn7PSpB3MSXgyDMGc<\/a> <\/p>\n\n\n\n

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

https:\/\/zen.yandex.ru\/id\/5e237b1bcddb71114509a28c<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"

The rejection of flat rate  RBC is thinking about the reasons and consequences of abandoning the flat income tax scale and increasing the rate for the rich.  Nikita Filippov, Head of MCBA \u201cBureau of Lawyers \u201cDe jure\u201d, believes the reason is in the budget deficit, which is now acutely felt. At the same time, according…<\/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\/33453"}],"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=33453"}],"version-history":[{"count":1,"href":"https:\/\/de-ure.ru\/en\/wp-json\/wp\/v2\/pages\/33453\/revisions"}],"predecessor-version":[{"id":33454,"href":"https:\/\/de-ure.ru\/en\/wp-json\/wp\/v2\/pages\/33453\/revisions\/33454"}],"wp:attachment":[{"href":"https:\/\/de-ure.ru\/en\/wp-json\/wp\/v2\/media?parent=33453"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}