{"id":33457,"date":"2020-12-30T16:48:25","date_gmt":"2020-12-30T13:48:25","guid":{"rendered":"https:\/\/de-ure.ru\/en\/?page_id=33457"},"modified":"2020-12-30T16:48:27","modified_gmt":"2020-12-30T13:48:27","slug":"press-review-for-march-16-31-2020","status":"publish","type":"page","link":"https:\/\/de-ure.ru\/en\/press-review-for-march-16-31-2020\/","title":{"rendered":"Press review for March 16-31, 2020"},"content":{"rendered":"\n

To simplify access to video justice!<\/strong><\/p>\n\n\n\n

Pravo.\u0433u reports about the initiative of two members\nof the Russian Federation Council \u2013 Andrey Klishas and Alexey Russkikh – who\ntogether with lawyers of MCBA \u201cBureau of Lawyers \u201cDe jure\u201d prepared amendments\nto laws designed to radically simplify citizens’ access to video justice.<\/p>\n\n\n\n

Theoretically, and today, laws allow parties to\nparticipate in the process by video link. But this can be done exclusively only\nfrom the premises of another court. In the context of a coronavirus pandemic,\nRusskikh believes, this approach does not stand up to criticism. \u201cThe idea of\nthe amendments is to allow citizens to participate in the process online from\nwhere they are at the moment \u2013 in the office, sitting at home in quarantine,\nand so on.\u201d<\/p>\n\n\n\n

Nikita Filippov, head of MCBA \u201cBureau of\nLawyers \u201cDe jure\u201d, draws attention to another aspect of the proposed\namendments: “Video courts are a very important element of a barrier-free\nspace for people with disabilities,”- the lawyer says. -Imagine how much a\nwheelchair user has to overcome to get to court even in Moscow, and in the\nregions his problems increase at times. And this is despite the fact that we\nhave guaranteed equal access to justice. \nThe proposed amendments to the Arbitration Procedure Code, Civil\nProcedure Code and Code of Administrative Procedure in practice realize this\nright for thousands of people.\u201d<\/p>\n\n\n\n

Read more \u2013 https:\/\/pravo.ru\/news\/219927\/<\/a><\/p>\n\n\n\n

Amendments to the law on video courts are published on the website of\nMCBA \u201cBureau of Lawyers \u201cDe jure\u201d.<\/strong><\/p>\n\n\n\n

Portal \u201cDebt of the Russian Federation\u201d reports\nthat “the website of MCBA \u201cBureau of Lawyers \u201cDe jure\u201d has a draft law\ninitiated by professional Defenders and senators Alexey Russkikh and Andrey\nKlishas.”<\/p>\n\n\n\n

The publication reminds that due to the\ninability of one or another party to be present in the meeting room, many cases\nare postponed, the solution of problems is delayed.  In addition, “a video trial would allow\neveryone to save money on holding meetings,”- journalists believe.<\/p>\n\n\n\n

Read more \u2013 https:\/\/xn--c1abvl.xn--p1ai\/short_news\/130563\/<\/a><\/p>\n\n\n\n

How to balance the interests of creditors and bankrupt owners in cases\nof \u201csubsidiary\u201d?<\/strong><\/p>\n\n\n\n

Pravo.ru publishes an author\u2019s column of Nikita\nFilippov, Head of MCBA \u201cBureau of Lawyers \u201cDe jure\u201d. According to the Judicial\nDepartment under the Supreme Court of the Russian Federation, about 30% of\napplications for interim measures are recognized as justified today.  \u201cThere is a problem of proving the need to\napply such measures,\u201d the expert believes.<\/p>\n\n\n\n

According to Filippov, \u201cthe existing mechanism\nfor applying interim measures in disputes on subsidiary liability needs to\nchange the legal regulation and determine special conditions.  In particular, he suggests establishing a\nsemblance of a \u201cpresumption\u201d of the reasonableness of the requirements for\napplying these measures. \u201cIn order to maintain a balance of interests and\nequality of rights of the parties, like any procedural presumption, it can be\novercome even at the stage of objections and evidence submitted by the Defendant\n(given the adversarial procedure for applying interim measures in disputes on\nbringing to subsidiary liability), or can be refuted by applying the\ninstitutions of the appeal of definitions of court of arbitration, cancellation\nor replacement of interim measures and damages” \u2013 lawyer sums up.<\/p>\n\n\n\n

Read more \u2013 https:\/\/pravo.ru\/opinion\/219517\/?desc_search<\/a>=<\/p>\n\n\n\n

Coronavirus force majeure<\/strong><\/p>\n\n\n\n

The portal “Banks today” publishes an\nauthor’s article of Nikita Filippov, Head of MCBA \u201cBureau of Lawyers \u201cDe jure\u201d,\nwith an analysis of who self-restraint due to the coronavirus will become a\nforce majeure, which will “write everything off”, and who will still\nhave to fulfill obligations.<\/p>\n\n\n\n

By order of the Chief State Sanitary Doctor for\nthe city of Moscow, all organizations whose premises were intended for the\nprovision of entertainment, sports and retail-entertainment services, intended\nfor educational institutions, fitness centers, cinemas, etc., are required to\nsuspend their activities in the capital until lifting restrictions. \u201cThat is,\nfor them, the spread of coronavirus infection has objectively become a force\nmajeure circumstance,\u201d- the lawyer says. \nAt the same time, he draws attention to the fact that \u201conly business\nentities for which a direct imperative ban on the continuation of activity has\nbeen introduced by regulatory legal acts can refer to the spread of coronavirus\ninfection as a force majeure event\u201d.  In\nthis case, the period of force majeure circumstances shall be calculated from\nthe moment the appropriate measure is introduced and until it is completely\ncanceled.<\/p>\n\n\n\n

Read more – https:\/\/bankstoday.net\/last-articles\/koronavirus-fors-mazhor-ne-dlya-vseh-nyuansy-otnoshenij-arendatora-i-arendodatelya-na-period-karantina<\/a><\/p>\n\n\n\n

What has changed in the law on public procurement for builders?<\/strong><\/p>\n\n\n\n

The magazine “Legal Adviser in Construction”\npublishes an article of Nikita Filippov, Head of MCBA \u201cBureau of Lawyers \u201cDe\njure\u201d, with an analysis of the provisions of Federal Law No. 449-FZ, which\namends the law on the contract system in the field of procurement of goods,\nworks, and services to meet state and municipal needs.<\/p>\n\n\n\n

The lawyer draws attention to innovations\nregarding the conclusion of contracts for design and construction works\n(entered into force on January 8, 2020). \n\u201cIn particular, the amendments provide for the possibility of including\nin the subject of the contract simultaneously conducting engineering surveys,\ndesign and construction, as well as the supply of medical equipment (if this is\nprovided for in the project documentation). \nBut this is only possible if the object planned for construction will be\nincluded in the appropriate list approved by the Government of the Russian\nFederation or by the authorized bodies of the constituent entities of the\nRussian Federation,\u201d-Filippov explains.<\/p>\n\n\n\n

 Read more\n\u2013  https:\/\/panor.ru\/magazines\/yuriskonsult-v-stroitelstve.html<\/a>\n<\/p>\n\n\n\n

Housing issues<\/strong><\/p>\n\n\n\n

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

How to dispute bills for housing and communal\nservices, if no one lives in the apartment, light and water are not supplied?<\/p>\n\n\n\n

Lawyer of “De jure” Yulia Martynenko\nreminds that “the owner has a duty to complete and timely payment for\nhousing and utilities.” So in itself, charging fees for maintenance and\nutilities is legitimate.<\/p>\n\n\n\n

In order not to overpay, the lawyer recommends\ninstalling metering devices for electricity and water.  You can also apply an application to the\nManagement Company for the recalculation of utility bills for the period of\nabsence by attaching supporting documents. \n(For example, a certificate from an organization that provides private\nsecurity for a dwelling in which you were temporarily absent, a certificate of\ntreatment, etc.) However, this should be done before the period of temporary\nabsence of the consumer begins or no later than 30 days after the period of\ntemporary absence.<\/p>\n\n\n\n

Read more \u2013 https:\/\/www.domofond.ru\/statya\/kak_osporit_zadolzhennost_po_zhkh\/100738<\/a><\/p>\n\n\n\n

Can I get a tax deduction when buying a property twice – first for\nmyself, and then for my unemployed wife?<\/strong><\/p>\n\n\n\n

Lawyer of “De jure” Yulia Martynenko\nis categorical: “You cannot get a tax deduction for your spouse.” The\nessence of the tax deduction is a refund of funds previously paid to the budget\nof the Russian Federation in the form of personal income tax, or a reduction in\nthe amount that is taxable. Thus, the refund is made exclusively to those who\npay taxes on the amount of income. At the same time, as Martynenko notes,\n“in the case of employment, the spouse is not deprived of the right to\nreceive a tax deduction and can return it in full, but not more than 2,000,000\nrubles (paragraph 1, paragraph 1 of Article 220 of the Tax Code of the Russian\nFederation)”.<\/p>\n\n\n\n

Read more – <\/p>\n\n\n\n

\nhttps:\/\/www.domofond.ru\/statya\/mogu_li_ya_povtorno_poluchit_nalogovyy_vychet\/100750\n<\/div><\/figure>\n\n\n\n

What to do if\nthe garage on the purchased plot is not registered in the Register?  And is it worth it to make out at all, if the\nowner wants to remake it into a bath?<\/strong><\/p>\n\n\n\n

Lawyer of “De\nJure” Yakov Bulut advises first to bring this property into a form that\ncorresponds to its intended purpose (that is, in this case, convert it into a\nbathhouse), and then contact the cadastral engineer to prepare a technical plan\nof the bathhouse and submit to Rosreestr an application for the registration of\nthe property on cadastral registration and registration of ownership with the\napplication of a technical plan. At the same time he reminds: “If you do\nnot put the garage on cadastral registration, you will face tax liability under\nArticle 129.1 of the Tax Code of the Russian Federation, namely a fine of 5,000\nrubles (in case of repeated fixing of the offense during the year – 20,000\nrubles), because your inaction may be qualified as non-reporting of information\nthat entails tax accrual.<\/p>\n\n\n\n

Read more \u2013 https:\/\/www.domofond.ru\/statya\/stoit_li_oformlyat_garazh\/100754<\/a><\/p>\n\n\n\n

Can I apply\nfor income tax refund at the place of residence?<\/strong><\/p>\n\n\n\n

Lawyer of MCBA\n\u201cBureau of Lawyers \u201cDe jure\u201d Elena Udovichenko explains: \u201cThe methods for\nobtaining a property deduction do not dependent on the location of the\nproperty.  The main thing is that real\nestate would be within the Russian Federation. \u201d In particular, a property\ndeduction can be received from the employer (tax agent) during the calendar\nyear or in the tax authority at the end of the year.  But even in this case, the Declaration can be\nprovided, for example, by mail with a description of the attachment, in\nelectronic form through the Unified Portal of State Services or the personal\naccount of the taxpayer or through the MFC on an extraterritorial basis, that\nis, at the place of your residence.<\/p>\n\n\n\n

Read more –\nhttps:\/\/www.domofond.ru\/statya\/mozhno_li_podat_dokumenty_na_vozvrat_podohodnogo_naloga_po_mestu_zhitelstva\/100758<\/a><\/p>\n\n\n\n

Can the owner\nof an apartment – a blockade worker, a veteran of labor and a disabled person –\nuse the benefit to pay for major repairs?<\/strong><\/p>\n\n\n\n

Nikita Filippov, head of MCBA \u201cBureau of\nLawyers \u201cDe jure\u201d, reminds that labor veterans and people with disabilities are\nentitled to receive benefits up to 50%. \nHowever, this privilege is not provided automatically: for its execution\nit is necessary to collect documents confirming the right to receive it, and\nwrite an application.  This can be done\nthrough the MFC or through the center of housing subsidies. “On the\nexample of Moscow, we note that benefits are granted from the 1st day of the\nmonth following the month in which the corresponding right arose, but no more\nthan for the last 6 months preceding the month of applying for social support\nmeasures to pay the contribution for major repairs,” the lawyer specifies.<\/p>\n\n\n\n

Read more –\nhttps:\/\/www.domofond.ru\/statya\/mozhno_li_vospolzovatsya_lgotoy_na_oplatu_kapremonta\/100782<\/a><\/p>\n\n\n\n

Legium Service is a new partner of MCBA \u201cBureau of Lawyers \u201cDe jure\u201d<\/strong><\/p>\n\n\n\n

Pravo.\u0433u informs that MCBA \u201cBureau of Lawyers\n\u201cDe jure\u201d signed a Partnership Agreement with the service Legium.io. Viktor Probichev,\nlawyer of \u201cDe jure\u201d, who specializes in blockchain technologies, states that\nthe demand for remote business technologies has increased due to the\ncoronavirus pandemic. \u201cOur bureau recommends the Legium platform, which allows\nto sign any document using smartphone. This saves both time and expense,\u201d-\nProbichev says.<\/p>\n\n\n\n

Read more –\nhttps:\/\/pravo.ru\/company_news\/219866\/<\/a><\/p>\n\n\n\n

Follow the news and up-to-date comments of our experts on Our Yandex Zen\nchannel: <\/strong>https:\/\/zen.yandex.ru\/id\/5e237b1bcddb71114509a28c<\/a> <\/p>\n\n\n\n

How to return money\nfor goods purchased online?  –<\/strong><\/p>\n\n\n\n

https:\/\/zen.yandex.ru\/media\/id\/5e237b1bcddb71114509a28c\/kak-vernut-dengi-za-tovar-5e8763878b13cf0c2d5b65ee<\/a><\/p>\n\n\n\n

What support can the\ncompanies affected by the quarantine expect?<\/strong><\/p>\n\n\n\n

https:\/\/zen.yandex.ru\/media\/id\/5e237b1bcddb71114509a28c\/podderjka-biznesa-5e85b49f587fbc1699353a8d<\/a><\/p>\n\n\n\n

Meetings which were\nnot canceled by the coronavirus. The self-isolation regime will not release you\nfrom responsibility for not holding a shareholders\u2019 meeting<\/strong><\/p>\n\n\n\n

https:\/\/zen.yandex.ru\/media\/id\/5e237b1bcddb71114509a28c\/sobraniia-ne-otmenennye-koronavirusom-5e80c553fc87c305e2942619<\/a><\/p>\n\n\n\n

Is it possible not to\nfulfill the decree?<\/strong><\/p>\n\n\n\n

https:\/\/zen.yandex.ru\/media\/id\/5e237b1bcddb71114509a28c\/mojno-li-ne-vypolnit-ukaz-5e7c5aaf21e4f12d63140a0e<\/a><\/p>\n\n\n\n

Electric scooters and\nthe law: myths and reality<\/strong><\/p>\n\n\n\n

https:\/\/zen.yandex.ru\/media\/id\/5e237b1bcddb71114509a28c\/elektrosamokaty-i-zakon-mify-i-realnost-5e785b96d213a004a21630b6<\/a><\/p>\n\n\n\n

Big Data and privacy:\nhow to find balance?<\/strong><\/p>\n\n\n\n

https:\/\/zen.yandex.ru\/media\/id\/5e237b1bcddb71114509a28c\/big-data-i-neprikosnovennost-lichnoi-jizni-kak-naiti-balans-5e6f1acf8c85f20d299e149a<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"

To simplify access to video justice! Pravo.\u0433u reports about the initiative of two members of the Russian Federation Council \u2013 Andrey Klishas and Alexey Russkikh – who together with lawyers of MCBA \u201cBureau of Lawyers \u201cDe jure\u201d prepared amendments to laws designed to radically simplify citizens’ access to video justice. Theoretically, and today, laws allow…<\/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\/33457"}],"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=33457"}],"version-history":[{"count":1,"href":"https:\/\/de-ure.ru\/en\/wp-json\/wp\/v2\/pages\/33457\/revisions"}],"predecessor-version":[{"id":33458,"href":"https:\/\/de-ure.ru\/en\/wp-json\/wp\/v2\/pages\/33457\/revisions\/33458"}],"wp:attachment":[{"href":"https:\/\/de-ure.ru\/en\/wp-json\/wp\/v2\/media?parent=33457"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}