{"id":33179,"date":"2020-03-18T07:33:00","date_gmt":"2020-03-18T04:33:00","guid":{"rendered":"http:\/\/de-ure.ru\/en\/?p=33179"},"modified":"2021-10-07T23:19:12","modified_gmt":"2021-10-07T20:19:12","slug":"press-review-for-march-1-15-2020","status":"publish","type":"post","link":"https:\/\/de-ure.ru\/en\/2020\/03\/18\/press-review-for-march-1-15-2020\/","title":{"rendered":"Press review for March 1-15, 2020"},"content":{"rendered":"\n

The main\nprinciple is responsibility.<\/strong><\/p>\n\n\n\n

The portal about entrepreneurs Business People\npublishes information about Nikita Filippov, Head of MCBA \u201cBureau of Lawyers \u201cDe\njure\u201d. Filippov is a professional lawyer and founder of MCBA \u201cBureau of Lawyers\n\u201cDe jure\u201d, which has been working in the legal services market for 17\nyears,” – the publication notes.<\/p>\n\n\n\n

Today MCBA \u201cBureau of Lawyers \u201cDe jure\u201d is 25\nadvocates and more than 100 lawyers. \n\u201cThe company is constantly expanding its business.  \u201cDe jure\u201d works not only with disputes in\ncourts of General jurisdiction, but also provides assistance in arbitration\ncases, as well as in bankruptcy,\u201d- Business People writes.  According to the publication, the\neffectiveness and professionalism of lawyers are confirmed not only by cases\nwon, but also by third-party performance evaluations, for example, the Bureau\nwas included in the top 10 in 7 nominations in the \u201dKommersant\u201d rating .<\/p>\n\n\n\n

Filippov considers responsibility to be the\nmost important quality.  \u201cYou must be\nresponsible for your actions not only to the client, but also to yourself.  It is always impossible to win court cases,\nbut you can and should do your best for this,\u201d \u2013 the lawyer says.  \u201cThis principle is not only the personal\nmotto of the entrepreneur, but also of the entire team of lawyers of the Bureau,\u201d-\nthe publication summarizes.<\/p>\n\n\n\n

Read more \u2013 https:\/\/businesspeople.news\/nikita-filippov\/<\/a> <\/p>\n\n\n\n

Bankruptcy of the developer: the rights of interest holders and the\nrules for paying debts<\/strong><\/p>\n\n\n\n

Portal Domostroyrf.ru turned for help to Nikita\nFilippov, Head of MCBA \u201cBureau of Lawyers \u201cDe jure\u201d, to understand the nuances\nof bankruptcy in the construction business.<\/p>\n\n\n\n

The expert recalled that, as a general rule, following\npersons and organizations have right to send a petition to the court for initiating\nbankruptcy proceedings: a debtor company, when it cannot make payments to\ncreditors;  tax inspectorate or other\ncontrolling structures in case of prolonged non-fulfillment of obligatory\nbudget payments by the company;  any\ncreditor to whom the organization does not fulfill obligations for more than 3\nmonths, and the amount of debt is at least 300 thousand rubles.  In addition, recently, the Fund for the\nProtection of the Rights of Citizens-Participants in Shared Construction has\nthe right to initiate bankruptcy of problem developers.<\/p>\n\n\n\n

In case of bankruptcy of a developer, an\nadditional register of citizens participating in shared-equity construction is\nan integral part of the General requirements. The list specifies the\nrequirements of shareholders about the transfer of residential premises.\nCitizens participating in construction have the right to receive money or an\napartment in an unfinished building. Redemption of their requirements is\ncarried out in the third stage. \n“The success of shareholders in the bankruptcy procedure of a\ndeveloper largely depends on who is chosen as the bankruptcy Manager. Often it\ndepends on him in whose interests the bankruptcy process will develop and\nwhether an acquirer appears who will complete the problematic object,\u201d-\nFilippov said.<\/p>\n\n\n\n

Read more – https:\/\/domostroyrf.ru\/statyi\/instrukcii\/kak-obankrotit-zastroyshhika-poryadok-prava-dolshhikov-vyplata-dolgov<\/a> <\/p>\n\n\n\n

Coronavirus as a force majeure event<\/strong><\/p>\n\n\n\n

The \u201cBanks Today\u201d portal states that news about\ncoronavirus has already spoiled the holidays for thousands of Russians.  \u201cWhen a number of countries have closed their\nborders or introduced quarantines for arriving foreigners, tourists have a\nquestion: how to return the money already paid to the tour operator \/ carrier \/\nhotel?\u201d\u2013the edition asks a question.<\/p>\n\n\n\n

Yakov Prisyazhnyuk, a trainee lawyer of MCBA\n\u201cBureau of Lawyers \u201cDe jure\u201d draws attention to the fact that “the resolution\nof disputes in the field of tourism and, in particular, disputes about the\nrefund of money paid for a tourist product to the consumer usually requires an\nindividual approach.” At the same time, he recalls that, in accordance\nwith Article 451 of the Civil Code of the Russian Federation, the contract\nbetween the parties can be terminated due to a significant change in the\ncircumstances from which the parties proceeded when concluding the\ncontract.  \u201cThe said rule of law is corresponds\nto the provisions of Article 14 of the Federal Law of November 24, 1996 No.\n132-FZ \u201cOn the Basics of Tourism in the Russian Federation\u201d, which allows a\ntourist to demand in court the termination of an agreement on the sale of a\ntourist product or its amendment if there is evidence of a threat to life and\nhealth in the country of temporary residence. When the contract is terminated\non the indicated grounds before the start of the trip, the tourist is\nreimbursed the full cost of the product he purchased,\u201d- lawyer of MCBA \u201cDe jure\nsays.   <\/p>\n\n\n\n

The current judicial practice in the Russian\nFederation proceeds from the fact that the occurrence of such circumstances may\nbe indicated by the information of the Federal Agency for Tourism (Rostourism)\nposted on the official website.  Also in\nthe current situation, similar messages on the official resources of\nRospotrebnadzor and the World Health Organization can be used as an argument\nfor terminating contracts in court.<\/p>\n\n\n\n

\u201cIn any case, if a citizen plans to refuse a\ntourist trip due to an outbreak of coronavirus, before going to court, it makes\nsense to check the possibility of a voluntary return of funds in accordance\nwith the agreement between the parties or the general conditions of the\nprovision of services by a particular tour operator \/ hotel \/ carrier, etc. I\nwould like to hope that both business and courts, when considering cases on\ntermination of tourist agreements, will be guided primarily by the priorities\nof the safety of life and health of our citizens,\u201d-Yakov Prisyazhnyuk summarizes.<\/p>\n\n\n\n

Read more –\nhttps:\/\/bankstoday.net\/last-articles\/polnostyu-oplatili-tur-no-boites-letet-iz-za-koronavirusa-yuristy-rasskazali-v-kakih-sluchaya-mozhno-polnostyu-vernut-dengi-za-putyovku<\/a> <\/p>\n\n\n\n

Social networks as a business<\/strong><\/p>\n\n\n\n

Profile Magazine has studied how the business\nmodel of social networks is organized, by what laws it lives on and who\nultimately makes money on whom.  The\npublication recalls that in February Tagansky Court of Moscow fined the social\nnetwork Twitter for 4 million rubles for ignoring the requirement to transfer\ndata about Russian users to servers located in the Russian Federation.  Such court decisions give the impression that\nsocial networks operating all over the world are nevertheless subordinate to\nlocal authorities, which means that our data is protected by  the law … Nikita Filippov, Head of MCBA\n\u201cBureau of Lawyers \u201cDe jure\u201d, does not agree with this:<\/p>\n\n\n\n

 \u201cThe\nproblem is not in the location of servers, but in the place of registration of\nthe owner of the social network.  Even if\nthe social network officially works in the territory of the Russian Federation\n(that is, it purposefully provides social interaction services to citizens of\nthe Russian Federation), it can be difficult or even impossible to force it to\ncomply with the law, since the Russian Federation has signed agreements on\ninteraction and legal assistance in this area not with all countries”.<\/p>\n\n\n\n

Why is this so important? At least, because it\nis not always possible to force social network owners to comply with the law on\npersonal data protection.  “License\nagreements provide that data published by the user is available to third\nparties. But the social network does not have the right to provide private data\nto anyone without the user’s consent,”- Filippov said. However, in\npractice, even the most “closed” user who does not allow anyone other\nthan close friends to visit his page, gives the social network enough\ninformation for targeted advertising. Software algorithms know which public\npages he views, which posts he likes, and which pages he spends more time on.\nAnd they select the appropriate advertising.<\/p>\n\n\n\n

Read more – https:\/\/profile.ru\/scitech\/kak-socseti-prevratilis-v-pribylnyj-biznes-dlya-sozdatelej-i-polzovatelej-245357\/<\/a> <\/p>\n\n\n\n

First time – fine, second time – criminal article<\/strong><\/p>\n\n\n\n

\u201cExpress Newspaper\u201d compares approaches to\npreventing domestic violence in the world and in Russia.  Nikita Filippov, Head of MCBA \u201cBureau of\nLawyers \u201cDe jure\u201d, recalls that \u201cdomestic violence refers to aggressive and\nhostile acts against other family members, as a result of which one of them may\nbe physically injured or humiliated.\u201d<\/p>\n\n\n\n

The lawyer does not agree with the opinion that\nthe decriminalization of the punishment for domestic violence in 2017 \u201cuntied\nthe hands\u201d of violators of the law. \n\u201cWhen a repeat violation is committed, a domestic rapist will be\nconsidered a criminal and will be held liable under Article 116.1 of the\nCriminal Code of the Russian Federation. \nVictims of domestic violence are also protected by Articles 117 of the\nCriminal Code of the Russian Federation (torture) and 119 of the Criminal Code\nof the Russian Federation (threat of murder or serious harm to health), for\nwhich the sentence is up to seven years ‘ imprisonment,” the lawyer\nrecalls.<\/p>\n\n\n\n

According to him, the Russian approach to this\ncategory of cases coincides with the global one: \u201cIn the EU countries, these\ntypes of violations are classified as administrative, and in case of repeated\nviolation – as criminal.  At the same\ntime, it is possible to obtain a court order in the Eurozone countries and the\nUSA, which will prohibit living together, approaching the victim at a certain\ndistance, make calls and even communicate on social networks. \u201d<\/p>\n\n\n\n

Filippov draws attention to the fact that at\nthe end of 2019, the Federation Council published a draft law \u201cOn the\nPrevention of Domestic Violence in the Russian Federation\u201d, which is currently\nunder consideration.  A similar law has\nalready been adopted in the countries of the Eurozone and the USA and provides\na concrete definition of what is included in the concept of \u201cdomestic\nviolence\u201d.  Once the law is passed, law\nenforcement agencies will receive important tools to prevent domestic violence.<\/p>\n\n\n\n

In the meantime, the state needs to increase\nthe share of social advertising, create social and psychological consultations,\nand promote civil rights.  \u201cThe same\ntasks are facing the people themselves, civil society.  The more people will know their rights, use\nthem and share knowledge with others, the less domestic violence will be in our\nlives,\u201d-Filippov summed up.<\/p>\n\n\n\n

Read more \u2013 https:\/\/www.eg.ru\/question\/856035-kak-nakazyvayut-za-domashnee-nasilie-v-zapadnyh-stranah-po-sravneniyu-s-rossiey-083297\/<\/a> <\/p>\n\n\n\n

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

Lawyers 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 legalize a house and bathhouse, which\nthe former owner of six acres built outside the site?<\/p>\n\n\n\n

According to Nikita Filippov, Head of MCBA\n\u201cBureau of Lawyers \u201cDe jure\u201d, in order to legitimize buildings, you must first\nacquire ownership of the land on which they are located.  \u201cOtherwise, the owner of this plot can appeal\nto the court with a demand to restore the situation that existed before the\nviolation of the right to the land plot (Articles 60, 62 of the Land Code of\nthe Russian Federation). In addition, such buildings are unauthorized\noccupation of the land, which entails the imposition of administrative\nresponsibility in the form of a fine (Article 7.1 of the Administrative Code of\nthe Russian Federation).  Thus, it is\npossible to legalize land and buildings only if your land plot belongs to a\ngarden type of land use, and you acquire ownership of this land plot with a\nhouse and a bathhouse. At the same time, before the construction of these\nfacilities, it is necessary to observe the notification procedure of the\nExecutive Authorities of the subject of the Russian Federation or local\ngovernment with the mandatory attachment of all necessary documents in order to\nissue a building permit (Article 51.1 of the Urban Development Code of the\nRussian Federation),” – the lawyer explained.<\/p>\n\n\n\n

Read more \u2013\nhttps:\/\/www.domofond.ru\/statya\/mozhno_li_uzakonit_zemlyu_i_dom_s_baney\/100710<\/a> <\/p>\n\n\n\n

How to withdraw an ex-husband from a loan agreement?<\/strong><\/p>\n\n\n\n

Yacov Bulut, lawyer of MCBA \u201cBureau of Lawyers\n\u201cDe jure\u201d, advises contacting the Bank to reissue the loan agreement. At the\nsame time It should be borne in mind that for the bank this is a right, not an\nobligation.  \u201cThe bank may refuse to reissue,\nbecause for the Bank it is a change of the essential terms of the loan\nagreement, which entails increased risks (in case of delay, it is more\nconvenient for the Bank to make claims to two co-borrowers at once).  In most cases, courts also refuse to reissue\na loan agreement without the consent of the bank,\u201d- Bulut explains.<\/p>\n\n\n\n

Read more <\/a><\/p>\n\n\n\n

How will renting an apartment affect your pension?<\/strong><\/p>\n\n\n\n

Ilsur Zakirov, lawyer of MCBA \u201cBureau of\nLawyers \u201cDe jure\u201d, recalls that a pensioner has three options: pay personal\nincome tax at the rate of 13% of property rental, register as an individual\nentrepreneur (IP) and pay 6% under the simplified tax system or become\nself-employed and, if the total income does not exceed 2.4 million rubles per\nyear, pay 4% (when working with individuals) and 6% (when working with legal\nentities or individual entrepreneurs).<\/p>\n\n\n\n

“Depending on the chosen form of taxation,\nthe indexation of the Landlord’s pension depends. Thus, in the case of\nregistration as an individual entrepreneur, a citizen will be obligated to\ntransfer insurance premiums for mandatory pension insurance for himself. In\naccordance with current legislation, the pensioner in this case will be\nconsidered working, and the pension will not be indexed until the status of\nindividual entrepreneur is terminated. Self-employed pensioners, according to\nthe law, are not among those who are insured in the mandatory pension insurance\nsystem.  Therefore, they can only be\nconsidered working if they themselves want to transfer pension insurance\ncontributions for themselves.  If a\npensioner pays 13% of personal income tax from rental housing, since he is not\nan individual entrepreneur, then the pension will be indexed in the General\nmanner, since it is not necessary to make contributions for mandatory pension\ninsurance,\u201d -Zakirov explains.<\/p>\n\n\n\n

Read more <\/a><\/p>\n\n\n\n

What if the Management Company is going to break the wall in the\ncorridor to access the sewer, as the neighbors from below complain about leaks?<\/strong><\/p>\n\n\n\n

Nikita Filippov, Head of MCBA \u201cBureau of\nLawyers \u201cDe Jure \u201d, draws attention to the fact that between  the neighbors and the Management Company, a\nleakage \/ flood act in the apartment must be drawn up.  Moreover, this should be done no later than\n12 hours from the moment the consumer contacts the emergency dispatch service. \u201cWithout\nan act, there is no reason to carry out any work in your apartment,\u201d – the\nlawyer says.<\/p>\n\n\n\n

If there is an act of the Management Company and\nconfirmation that the source of the leak is located precisely behind this wall,\nthere are 2 possible scenarios: to eliminate the cause of the leak yourself or\nto allow the Management Company to do so. \u201cIn the event of damage to property,\nit is the Management Company that must compensate you for all losses in a claim\nor court order. Then you need to get a copy of the leakage act and documents\nconfirming the credentials of the persons who will carry out the work, i.e.\nthat they are employees of this Management Company.  Enough photos of the documents that will be\nprovided to you for review,\u201d \u2013 Filippov sums up.<\/p>\n\n\n\n

Read more <\/a><\/p>\n\n\n\n

How to make\nsnyus illegal?<\/strong><\/p>\n\n\n\n

The portal of the\nPublic Chamber of the Russian Federation reports that on March 4, public\nhearings were held on the topic “Modern threats to youth.  Snyus – analysis of the problem, ways to\novercome it. Regional legislative initiatives”.  According to Sultan Khamzaev, member of the\nPublic chamber and Head of the Federal Project “Sober Russia”,\nanti-drug raids “Stop snyus” continue to be carried out by the team\nof the Project “Sober Russia” in 60 regions of Russia. At the moment,\nmore than 15 thousand packages of dangerous nicotine-containing non-smoking\nmixtures have been identified. A number of regions have adopted local laws\nagainst snyus.<\/p>\n\n\n\n

Yakov Bulut, lawyer\nof MCBA \u201cBureau of Lawyers \u201cDe Jure\u201d, stressed that snyus is not only a non-smoking\ntobacco product, it is also a tobacco-free nicotine mixture of plant and\nsynthetic origin, the use of which can lead to the most negative consequences. \u201cIt\nis required to adopt a high-quality Federal Law prohibiting the sale of snyus,\nincluding non-tobacco,\u201d – he stressed.<\/p>\n\n\n\n

Read more \u2013 https:\/\/oprf.ru\/press\/news\/2617\/newsitem\/52665<\/a> <\/p>\n\n\n\n

\u201cResponsibility\nof top managers of the company: recovery of losses, subsidiary and criminal\nliability\u201d<\/strong><\/p>\n\n\n\n

The magazine\n“Banking Review” publishes the announcement of the Pravo.ru\nconference, dedicated to the responsibility of top managers.  Recovery of losses, subsidiary and criminal\nliability of company executives are in the field of view of experts. Nikita Filippov,\nHead of MCBA \u201cBureau of Lawyers \u201cDe Jure\u201d,   is among the speakers of the conference. He\nwill talk about the new practice of imposing interim measures in cases of\nsubsidiary liability formed by \u201cDe Jure\u201d.<\/p>\n\n\n\n

Read more –\nhttps:\/\/bosfera.ru\/press-release\/v-marte-proydet-konferenciya-posvyashchennaya-otvetstvennosti-top-menedzherov<\/a> <\/p>\n","protected":false},"excerpt":{"rendered":"

The main principle is responsibility. The portal about entrepreneurs Business People publishes information about Nikita Filippov, Head of MCBA \u201cBureau of Lawyers \u201cDe jure\u201d. Filippov is a professional lawyer and founder of MCBA \u201cBureau of Lawyers \u201cDe jure\u201d, which has been working in the legal services market for 17 years,” – the publication notes. Today…<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[1],"tags":[163],"_links":{"self":[{"href":"https:\/\/de-ure.ru\/en\/wp-json\/wp\/v2\/posts\/33179"}],"collection":[{"href":"https:\/\/de-ure.ru\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/de-ure.ru\/en\/wp-json\/wp\/v2\/types\/post"}],"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=33179"}],"version-history":[{"count":1,"href":"https:\/\/de-ure.ru\/en\/wp-json\/wp\/v2\/posts\/33179\/revisions"}],"predecessor-version":[{"id":33180,"href":"https:\/\/de-ure.ru\/en\/wp-json\/wp\/v2\/posts\/33179\/revisions\/33180"}],"wp:attachment":[{"href":"https:\/\/de-ure.ru\/en\/wp-json\/wp\/v2\/media?parent=33179"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/de-ure.ru\/en\/wp-json\/wp\/v2\/categories?post=33179"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/de-ure.ru\/en\/wp-json\/wp\/v2\/tags?post=33179"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}