{"id":33455,"date":"2020-12-30T16:42:50","date_gmt":"2020-12-30T13:42:50","guid":{"rendered":"https:\/\/de-ure.ru\/en\/?page_id=33455"},"modified":"2020-12-30T16:42:51","modified_gmt":"2020-12-30T13:42:51","slug":"press-review-for-july-16-31-2020","status":"publish","type":"page","link":"https:\/\/de-ure.ru\/en\/press-review-for-july-16-31-2020\/","title":{"rendered":"Press review for July 16-31, 2020"},"content":{"rendered":"\n

When is it necessary to change a Bank urgently?<\/strong><\/p>\n\n\n\n

Klerk.ru\npublishes the author’s article of Nikolay Polusitov, lawyer of MCBA \u201cBureau of\nLawyers \u201cDe jure\u201d, “Six signs that you need to change your Bank.”<\/p>\n\n\n\n

As the author\nnotes, despite the fact that the Central Bank of the Russian Federation took a\ncourse to “clear” the banking sector seven years ago, the work has\nnot yet been completed.  The revocation\nof a license from a credit institution negatively affects the economic\nsituation of Bank customers. Depositors are deprived of their savings, and the\nactivities of business companies are frozen. In order not to get hurt, you need\nto pay very close attention to what is happening in your Bank.<\/p>\n\n\n\n

Lawyer of “De\nJure” names six “bells” indicating that it is necessary to\ntransfer money to another Bank.  This is\na decrease of the Bank’s credit rating and work at a loss, an aggressive policy\nof attracting deposits, the change of shareholders to unknown persons or those\nwith a persistently negative reputation, failure to comply with the mandatory\nstandards of the Central Bank of the Russian Federation, a significant increase\nin the volume of investments in securities.<\/p>\n\n\n\n

\u201cFor example,\nCJSC TyumenAgroPromBank acquired virtually nonexistent securities worth more\nthan 1 billion rubles, and on the eve of bankruptcy Bank SBRR (LLC), a credit\ninstitution invested more than 1 billion rubles in absolutely illiquid\nsecurities,\u201d- Polusitov says. It is almost impossible for a client to track the\nperformance of such transactions by unscrupulous bankers: the relevant\ninformation is not publicly available. At the same time, the client can protect\nhimself even in this case.  The volume of\ninvestments in securities of the majority of large and stable banks in Russia\nis about 10% of the total assets.  This\nshare allows credit institutions to \u201cstay afloat\u201d even in the event of theft \/\ndepreciation of their securities. Meanwhile the existence of banks with a\nvolume of investments in securities of more than 20 % of the size of assets directly\ndepends on the liquidity\/availability of securities. \u201cIn this regard, we\nrecommend you to track information about the volume of your Bank’s investments\nin securities on the Bank of Russia website. \nA significant increase in the volume of investments is a good reason to\nthink,\u201d – the author notes.<\/p>\n\n\n\n

Read more \u2013 https:\/\/www.klerk.ru\/buh\/articles\/502343\/<\/a> <\/p>\n\n\n\n

Is it possible to deprive a cyclist of driver’s license?<\/strong><\/p>\n\n\n\n

The\ninformation and analytical portal “AvtoVzglyad” is investigating\nwhether it is possible to deprive a driver’s license for serious traffic\nviolations committed … on a bicycle.<\/p>\n\n\n\n

\u201cSince a\nbicycle is not a vehicle for the purposes of qualifying Chapter 12 of the Code\nof Administrative Offenses of the Russian Federation (traffic violations), it\nis illegal to deprive citizens of a driver’s license for violating traffic\nRules while driving a bicycle,\u201d – Ivan Spiridonov, lawyer of MCBA \u201cBureau of\nLawyers \u201cDe jure\u201d, explains. According to him, a cyclist who violates traffic\nrules can only be held liable for “his own” part 2 of Article 12.29\nof the Administrative Code “Violation of traffic Rules by a person driving\na bicycle, or by\na carrier or another person directly involved in the process of road\ntraffic.” The maximum punishment for it is 800 rubles.<\/p>\n\n\n\n

Read more \u2013 https:\/\/www.avtovzglyad.ru\/gai\/pdd\/2020-07-31-za-chto-i-kak-gibdd-lishaet-voditelskih-prav-velosipedistov\/<\/a> <\/p>\n\n\n\n

For drunk driving on a motor cultivator – deprivation of rights!<\/strong><\/p>\n\n\n\n

 Also, “AvtoVzglyad” tells the story\nof a tipsy summer resident who begged a neighbor for a motor cultivator to get\nto the nearest store.  But he drove to\nthe nearest traffic police inspector, after which he lost his license.  \u201cAt first glance, the situation is absurd,\nbut it is quite real,\u201d – the newspaper notes.<\/p>\n\n\n\n

Ivan\nSpiridonov, lawyer of MCBA \u201cBureau of Lawyers \u201cDe jure\u201d, notes that in a number\nof cases small tractors, electric scooters and other vehicles not directly\nindicated in the traffic rules, depending on their technical characteristics,\nmay refer to vehicles, driving of which in a state of intoxication constitutes\nan administrative offense, provided for in paragraph 1 of Article 12.8 of the\nAdministrative Code of the Russian Federation. For example, an electric scooter\nequipped with a motor with a power of more than 0.25 kW can be equated to\nmopeds. And they require a driver’s license with an open category\n“M”.  Faster electric scooters with electric\ndrive that reach up to 50 km\/h are otherwise classified as motorcycles.  And this, again, is “license”, only\nwith the category “A”.<\/p>\n\n\n\n

According to\nthe representative of “De Jure”, this approach has already been\nreflected in law enforcement practice. \nIn November 2019, the Moscow City Court recognized as legal the\ndeprivation of a driver’s “license” of a citizen who refused to\nundergo a medical examination.  The hero\nof the story was on an electric scooter, which the courts qualified as a moped.<\/p>\n\n\n\n

 \u201cIt should be noted that the issue of\nqualification of electric scooters and motoblocks, despite the adopted single\ncourt decisions, still remains a conflict of laws,\u201d – the lawyer sums up and\ncalls for the necessary changes to the traffic rules.<\/p>\n\n\n\n

Read more \u2013 https:\/\/www.avtovzglyad.ru\/gai\/pdd\/2020-07-24-lishat-li-voditelskih-prav-za-upravlenie-motoblokom-ili-loshadju-v-pjanom-vide\/<\/a><\/p>\n\n\n\n

Probate loan and other complex cases<\/strong><\/p>\n\n\n\n

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

 What should the heirs do if a relative took a\n\u201clong\u201d mortgage loan and did not live to see its end?<\/p>\n\n\n\n

“Until\nthe moment of acceptance of the inheritance, the heir has no right to receive\ninformation about the debts of the deceased. Therefore, contacting a Bank or\ncredit Bureau will not give you anything \u2013 the information is confidential.\nThis can be helped by a notary who accepts claims from creditors when opening\nan inheritance. He can also send a request to the credit history Bureau,”\n– Igor Valuev, lawyer of \u201cDe jure\u201d, says.<\/p>\n\n\n\n

And advises:\nif you are just going to take out a mortgage, it is necessary to insure your\nlife and health. Saving on insurance can later turn into an unpleasant surprise\nfor the family to pay off the loan. If you are the heir to a mortgage apartment\n– calculate its cost, the amount of debt, the amount of what you can lose if\nyou give up the property. Sometimes it is more profitable to refuse an\ninheritance than to accept it.<\/p>\n\n\n\n

Read more \u2013 https:\/\/www.domofond.ru\/statya\/ipoteka_v_nasledstvo_kredit_po_zaveschaniyu\/101003<\/a> <\/p>\n\n\n\n

How to reflect the transfer of a bathroom and a gas stove in a private\nhouse  in the notice of redevelopment?<\/strong><\/p>\n\n\n\n

Yulia\nMeshkova, lawyer of MCBA \u201cBureau of Lawyers \u201cDe jure\u201d, explains: re-equipment\n(reconstruction) of residential premises is allowed only after obtaining the\nappropriate permits. To do this, you need to apply to the local administration,\nenclosing title documents for real estate, the project of reconstruction, and\nthe technical passport of the object being rebuilt.<\/p>\n\n\n\n

Carrying out\nworks on reconstruction is possible only after obtaining permission from the\nlocal administration.  The approval\nperiod is 45 days from the date of submission of documents.  Completion of the reconstruction is\nformalized by the Act of the acceptance commission.  The Act of the acceptance commission is sent\nto Rosreestr directly by the body carrying out the approval.<\/p>\n\n\n\n

\u201cIn addition,\nrequirements for the locations of the gas stove are established by the set of\nrules 402.1325800.2018 (\u201cResidential buildings; rules for design of gas\nconsumption systems\u201d). So, the installation of a household gas stove is allowed\nin the premises of kitchens, kitchens-dining rooms, corridors of not less than\n2.2 m, having an exhaust ventilation duct, window with a pane or other device\nprovided for ventilation\nin the window. The internal volume of the kitchen area must be at least\n8 m for a gas stove with two burners;  12\nm – for a gas stove with three burners; \n15 m – for a gas stove with four burners,\u201d – Meshkova recalls. According\nto her, the gas stove must be equipped with a “gas control” system\nthat stops the gas supply to the burner when the flame goes out.  By the way, provided that the above\nrequirements are met, it is allowed to place a household gas stove in summer\nkitchens.<\/p>\n\n\n\n

Read more – https:\/\/www.domofond.ru\/statya\/kak_perenos_sanuzla_i_gazovoy_plity_v_chastnom_dome_otrazit_v_uvedomlenii_o_pereplanirovke_\/100997<\/a> <\/p>\n\n\n\n

What debts can be sold to collectors and how will debtors find out about\nit?<\/strong><\/p>\n\n\n\n

The debtor\nmust be warned about the transfer of the creditor’s rights to another\nperson.  This is done 30 days before the\nactual transfer of the debt.  The goal is\nto announce that he will now pay money to other people.  \u201cIt is necessary to notify by registered mail\nat the place of residence.  The debtor\nhas the right not to fulfill the obligation to the new creditor until he is\nprovided with evidence of the transfer of rights to this creditor, unless the\nnotification of the transfer of rights has been received from the original\ncreditor,\u201d – Ramzan Mezhidov, lawyer of MCBA \u201cBureau of Lawyers \u201cDe jure\u201d\ncomments.<\/p>\n\n\n\n

Read more – https:\/\/www.domofond.ru\/statya\/dolgi_za_kvartiru_kakie_ne_prodayut_kollektoram_\/101017<\/a> <\/p>\n\n\n\n

Is it possible to make a small extension (like a barn) to a five-story\nbuilding?<\/strong><\/p>\n\n\n\n

 Igor Valuev, a lawyer of MCBA \u201cBureau\nof Lawyers \u201cDe jure\u201d, draws attention to the fact that, in fact, the law does\nnot prohibit the construction (erection) of an extension to a five-story building.  \u201cHowever, its construction is possible only\nif there is approved project documentation, a permit for construction and, as a\nresult, for putting the facility into operation.  Therefore, this issue should be resolved in\neach individual case individually,\u201d – the expert explains.<\/p>\n\n\n\n

Read more \u2013 https:\/\/www.domofond.ru\/statya\/mozhno_li_sdelat_nebolshuyu_pristroyku_k_pyatietazhnomu_domu\/101020<\/a> <\/p>\n\n\n\n

Chronicles of the times of coronavirus<\/strong><\/p>\n\n\n\n

The journal\n“Lawyer’s news of Russia” publishes an excerpt from the diary of\nNikita Filippov, Head of MCBA \u201cBureau of Lawyers \u201cDe jure\u201d, about how the team\nof lawyers lived and worked for long weeks of self-isolation.  Lawyers quickly mastered sending registered\nemails through the Russian Post website and videoconferencing through various\nprograms, spoke at online conferences, remotely advised clients and\nparticipated in online court sessions.<\/p>\n\n\n\n

“April\n10th.  … There are a lot of questions\nfrom clients on labor law, rental relations. \nWe continue to publish articles on the topic of coronavirus.  We actively monitor the courts, where the\nopportunity to get acquainted with the audio-records of sessions online is\nrealized.  A brainstorming session on\nways to interact remotely has been announced among the employees.”<\/p>\n\n\n\n

“…May\n12. The work of the courts in civil and arbitration cases is gradually\nresuming.  And one criminal case, on the\ncontrary, is completed. Khamovnichesky court issued an acquittal against our\nclient under Article 159 part 4 of the Criminal Code of the Russian Federation.\nComplete and unconditional victory!<\/p>\n\n\n\n

May 14.  For the first time, we took part in an online\ncourt session.  We were ready to fight,\nbut … the procedural opponent did not come. \nThe court announced a motion to postpone due to the lack of the\ntechnical ability of the other party to participate in the online meeting.  The hearing has been postponed. “<\/p>\n\n\n\n

In\nconclusion, Filippov quotes the words of the mayor of Moscow that one should\nnot relax, the fight against the disease is not over yet and one must be\ncareful.  \u201cBut let’s hope that the most\ndifficult stage is over. And there is a lot of work and summer ahead!” – Head\nof “De jure” writes.<\/p>\n\n\n\n

Read more \u2013 http:\/\/www.gra.ru\/index.php\/m1-jurnal-avr\/11-kat-zhurnal-avr<\/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

https:\/\/zen.yandex.ru\/id\/5e237b1bcddb71114509a28c<\/a><\/p>\n\n\n\n

Do we need debt prisons?<\/strong><\/p>\n\n\n\n

\u2013 https:\/\/zen.yandex.ru\/media\/id\/5e237b1bcddb71114509a28c\/nujny-li-nam-dolgovye-tiurmy-5f15ae7b91ce9314d56b875d<\/a> <\/p>\n\n\n\n

About the new service of end-to-end information retrieval<\/strong><\/p>\n\n\n\n

 \u2013 https:\/\/zen.yandex.ru\/media\/id\/5e237b1bcddb71114509a28c\/o-novom-servise-skvoznogo-poiska-informacii-5f1ee1d817a2c87c3085dbe2<\/a> <\/p>\n","protected":false},"excerpt":{"rendered":"

When is it necessary to change a Bank urgently? Klerk.ru publishes the author’s article of Nikolay Polusitov, lawyer of MCBA \u201cBureau of Lawyers \u201cDe jure\u201d, “Six signs that you need to change your Bank.” As the author notes, despite the fact that the Central Bank of the Russian Federation took a course to “clear” the…<\/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\/33455"}],"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=33455"}],"version-history":[{"count":1,"href":"https:\/\/de-ure.ru\/en\/wp-json\/wp\/v2\/pages\/33455\/revisions"}],"predecessor-version":[{"id":33456,"href":"https:\/\/de-ure.ru\/en\/wp-json\/wp\/v2\/pages\/33455\/revisions\/33456"}],"wp:attachment":[{"href":"https:\/\/de-ure.ru\/en\/wp-json\/wp\/v2\/media?parent=33455"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}