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08:35 19.10.2016 (upd. 11:26 21.10.2016 ) The most important law topics in the press - media review

"Vedomosti" tells ( "The judges believe in better times") of the draft final document of the Ninth All-Russian Congress of Judges. Forum will be held in Moscow on December. The draft contains proposals of a wide range of issues - from the judiciary to the social guarantees to judges. Ideas for the Unification of courts of general jurisdiction and arbitration, although discussed earlier in the document are not the part of the present document. Russian Supreme Court Chairman Vyacheslav Lebedev said, "do not need to break something that works fine now." Sources say that the project can still contain a proposal on the establishment of independent appellate federal courts of general jurisdiction. Lebedev also promised to solve the problem of low labor judiciary workers salary, either through amendments to the presidential decree on the procedure of payment to civil servants, or through the Judicial Service Bill. Another point it is the creation of the departmental service of ship security, and it costs about 4.85 billion rubles. Money can be saved by changing to electronic formats of documents and refuse of paper minutes of meetings in favor of audio and video recordings. Finally, the Congress will discuss the situation with excessive judicial workload and the problem of interest conflict. Its description should be corrected or even removed from the Code of Judicial Ethics. Lebedev said that all delegates asked about this matter.

"Kommersant" reports ( "Rare hryvnia will reach the middle of the Dnieper"), that the Ukrainian authorities have extended sanctions list against Russian companies and citizens. In the list was added 167 businesses and 335 individuals. Among them are the payment systems "Kolibri", "Golden Crown", "Unistream", "International money transmission " Leader ", Anelik and Blizko. According to the Central Bank datas, from the Ukraine in the Russian Federation through the payment system transferred $ 22 million and back - $ 137 millions in the first quarter 2016. Now it can be done trought the US Western Union and MoneyGram. For the Russian industry  it is a serious problem recognized by the domestic players. They have already prepared a letter about the needness of "backlash" to the government and the Central Bank. Business is willing to bypass sanctions but complains that the transmission payments will increase by 15-20%. Also "Rusal" is in the "black list", which has the large alumina plant in Nikolaevsk. Kiev decided to freeze the assets of the company to limit its trading operations, to prohibit participation in public procurement and stop fulfillment of economic and financial obligations. For Ukraine residents also banned transactions with their securities. In 2015, beforementioned plant provided to the company about 19.5% aluminum releasement. Sources in Kiev assured that the physical impact on the company and its capture by their security forces are not talking about and can not be discussed." Ukrainian authorities do not explain the reasons of the list extension.

"Kommersant" reports that the ECHR communicated the four complaints against the Russian Federation of violation of the right to freedom of assembly in relation to detention and bringing to administrative responsibility of the participants of spontaneous public events. In particular, it is the nonconfirmed complaint of eleven participants with the authorities in support of the convicts of ''marsh case ", which took place in Moscow and St. Petersburg on 24 February 2014. They allege about the violation of the right to freedom ofmeetings and freedom of expression (art. 11 and 10 of the Convention on Human Rights), the right to liberty and security (Art. 5) and the right to a fair trial (Art. 6). Other complaints were filed by citizens who were detained after the protests near the State Duma building on June 11, 2013. The applicants opposed the law banning "propaganda of nontraditional sexual relations". Their claims are similar to the Russian authorities, and they also talk about discrimination in the realization of the right to freedom of meetings (art. 14). All complaints are prepared in the framework of the coalition project of several human rights organizations. The Ministry of Justice does not comment the communication complaints. Earlier, Russia denied the violation of the Convention in their replies, for example, one of the protest actions was held in front of the Zamoskvorechye district court of Moscow, and it could be "a form of pressure to justice."

"Kommersant" reports that the Moscow City Court kept the force the decision of the Basmanny District Court against businessman Harry Kuzminykh, who was accused of stealing $ 1 million from one of TCB customers. For fraud businessman got a term of 7 years imprisonment. On March 2014, according to the investigation, Kuzminykh advised on commercial and financial issues, persuaded a businessman Alexander Dubovik to put beforementined amount in the bank for deposit account. On April, the account was closed without the client's consent, $ 20,000 was cashed, and $ 980 000 was provided to the other account in the Singapore bank. According to investigators reports. Kuzminykh was helped by previous head of the department of corporate clients Transcapitalbank Ivan Eremeev, who forged the necessary documents. He was sentenced to three years in prison. Dubovik received the lost amount from the bank, together with the penalty, and finally it was $ 1.6 million. Now, the bankers will judge with the swindlers for this money.

"Kommersant" reports Collegium of Economic Disputes of the Supreme Court of the Russian Federation will consider the lawsuit "Kogalymavia" airline and the Tax Inspectorate № 9 ("VAT was left of aviators"). The carrier wants to get the VAT deduction for maintenance services of aircrafts for the three tax periods in 2013-2014. The plaintiff refers, for example, on the fact that the invoices have a number of airports allocated tax amount for the services of boarding-disembarking disabled people, providing a gangway, food and cleaning aircraft. Taxmen insist that the aircompany doesn't have the right of deduction, because such services are not subject to VAT. The courts supported the tax authorities and regarding their opinion "maintenance of aircraft at the airport is a single technological complex of services aimed at the preparation of the aircraft to fly with passengers, luggage and cargo." The Courts didn't recognize the invoices as a basis for deduction. Experts explain it is simple for contractors to issue an invoice and if they indicate some of the services they will not subject to VAT, there would have to keep separate records. The problem with transactions not subject to VAT in general is typical for the industry, and the Aircraft forces decision should make the situation clear.

"Kommersant" reports that Prosecutor - General's Office appealed the decision in the Moscow Regional Court of Khimki district area to back for correcting mistakes regarding the criminal case OPS shadow banker Igor Kuznetsov and Daghestainian deputy Abdulla Hasanov. According to investigators, the criminal group was organized by Kuznetsov in 2007. Three years later, he joined a group Hasanov, the participants took in Dagestain cache and taken to Moscow, where the money laundered. Investigators believe that the OCA cashed more than 5.7 billion rubles. Lawyers for both defendants persuaded the court that during the investigation of their clients are not able to fully provide their right to defense. There was some discrepancies in the files of this case. For example, one of the investigators mentioned an "account manager" Kuznetsova as the participant of OCA, although it is charged only illegal banking activity against her. Kuznetsov and Hasanov are still under arrest and their alleged partners in crime of nine people are under house arrest.

"Vedomosti" reported that the company "A plus development" came out of the bankruptcy proceedings of JSC "Orange Development" Mikhail Zingarevich. the defendant's debt has been fully repaid Ltd. "Plaza Lotus Group", the company became the legal successor of "A plus development". Previously, courts have sought the plaintiff 55.6 million rubles of debt on bills and interest of 3.9 million rubles. "Plaza Lotus Group" belongs to the director of "Orange development" Olga Smirnova. The bankruptcy procedure was launched in 2015, the case is being heard by the Arbitration Court of St. Petersburg and Leningrad region. It is noted that to recognize the "Orange Development" untenable requested is "A plus development", but later in the case entered the other plaintiffs with their requirements.

Vladimir Putin said that the government will extend the preferential premiums for IT-companies until 2023, told "Vedomosti". He also did not rule out that these benefits will also be extended to service companies that are engaged in the services and the promotion of IT-products. As long as they are used only to developers and manufacturers, which, according to the state, has already led to an increase in their turnover and doubled to 54 billion rubles, increased tax revenues. Excluding decreased income due to lower rates "budget system has been a plus of more than 10 billion," Putin counted. The benefits are put to Russian companies, which have been specially accredited by the Ministry of Communications, they give insurance funds only 14% rather than 30%.

Ministry of Economic Development has published a draft law on the moratorium on the increase in insurance premiums for entrepreneurs, write "Vedomosti". Since January 2017 burden on business will rise to 21%. Entrepreneurs who earn less than 300 000, given to the FIU 26% of the annual minimum wage, as well as an additional 1% above the threshold, but not more than 154,852 rubles in 2016. Another 3796 rubles annually transferred to the HIF - is 5.1% of 12 times the minimum wage. But this year, the minimum wage was increased from 6204 to 7500 rubles. If we introduce a moratorium, funds will lose 20.9 billion rubles, but the business will not go into the shade, according to the ministry. On the other hand, entrepreneurs may be more, and it's - additional income, including for the funds. Labor Ministry noted that the increase in the minimum wage means a higher pension for the self-employed, while the RPF revenues generated taking into account the minimum wage to 7500 rubles. In the case of the moratorium will need an additional budget funds transfers from the budget, experts say.

The Ministry of Finance is preparing amendments to the Civil Code, which will facilitate the banks closing of accounts of legal entities and individual entrepreneurs unilaterally, says RBC. The changes are discussed at the level of the Foreign Investment Advisory Council. It is a "dead accounts", which the clients do not use up to two years. The parties will have the right to include in the bank account agreement the bank's right to unilaterally terminate the contract in the absence of transactions on the account during the term of which the bank and the client agree initially. Availability of funds on this account will not matter. On closing the account will need to pre-notify the client, the cash balance will return to the owner.

Ministry of Labor proposed to abandon the indexation of payments for maternity capital program through 2020, says "Kommersant" ( "Do Not Another Teen face indexing"). This is stated in the amendments to the law "On additional measures of state support for families with children." Labor officials explain this decision, "the financial and economic situation." According to the Ministry of Labor, the maternity capital does not require indexing because it is not a monthly payment for the current consumption of the goods and services citizens. The program operates from 2007, beneficiaries were more than 6 million people, from the budget for it took more than 1 trillion rubles. In 2015, the payment of the face value amounted to 453,000 rubles.

Government before the end of 2016 will develop guidelines for the taxation of foreign online retailers, says "Kommersant". This was stated by Deputy Prime Minister Arkady Dvorkovich. According to him, currently the foreign players are in a better position. The government will "by way of VAT registration," Dvorkovich said: "We will see how to make money on services payment system, which is already incorporated in the RF Tax Code and we hope to introduce as quickly as VAT-registration can have on goods.". The idea is contained in the main directions of tax policy, prepared by the Ministry of Finance. "Kommersant" recalls that from 1 January 2017 the obligation to pay VAT arises and for foreign companies that sell digital content via the Internet.

"Kommersant" writes ( "Wood cut - lawsuits are flying"), which the Ministry of Environment is preparing amendments to the law "On Environmental Protection", which is endowed Rosprirodnadzor right to institute legal proceedings in defense of the public interest with environmental protection. This means that the supervisor can be used as evidence material audits not only, but, for example, and the data from the public. Who claims the protection of the public interest is served mainly by prosecutors, while Rosprirodnadzor gives companies violators regulations and defends them in arbitrations. In the first half 2016 supervisors were sent to the courts 17 thousand environmental claims 5 billion rubles. The Prosecutor General's Office said that the most common disputes over unauthorized waste dumps, unauthorized buildings in the conservation area or wastewater discharges into local water bodies.

The Communist Party and "Fair Russia" does not agree to tighten discipline in the State Duma, writes "Kommersant" ( "MPs amend the attendance"). Yesterday Speaker Vyacheslav Volodin expressed support for all the factions of the Duma amendments to the regulations of the "United Russia", prohibiting to vote by proxy. They should be taken on Friday. According to Volodin, "further discussion" requires only the question of what constitutes a valid reason for the deputy can skip the meeting of the Committee, the State Duma and Council of the plenary session. However, later, Communist Party leader Gennady Zyuganov said that the proposed changes to the regulations "do not take into account any existing practice or the situation in the regions, nor experience single-mandate or a new schedule." The leader of the Socialist-Revolutionaries, Sergei Mironov criticized the idea of ​​the Vice-Speaker Sergei Neverov introduce fines for truancy.

"Kommersant" wrote that the Duma Committee on Transport recommended to the adoption of the amendments to the Administrative Code, which introduced penalties for the use of tires without appropriate season, and worn over the tire standards. The penalty for "driving a vehicle in violation of the operating requirements of tires and wheels" is 2 000 rubles. The requirement for a mandatory change of summer and winter tires is contained in the technical regulations of the Customs Union. Experts say that the current shortage of personnel in the traffic police to control these rules will be difficult.

Rospotrebnadzor explained the cases in which the activities of foreign online retailers fall under Russian law, according to "News". Criteria voiced by the deputy head of the supervisory authority Irina Bragin, in a letter to the president of the Association of e-commerce companies to Alexander Fedorov. Akita complained return problem of money from unscrupulous foreign online sellers. They must comply with Russian law, if they use the domain name of the site associated with Russia, says Bragin. Other parameters - possible to settlements in rubles or by using payment instruments available to consumers from Russia, acquiring carried out by a Russian bank or non-bank credit organization, the possibility of delivery of the goods through the territory of the Russian Federation. Also, the criterion is the presence of the Russian-language online advertisement. All of these symptoms or one of them testify to the intention Seller conclude the sales contract with the Russian consumer. At the same time block the site due to non-repayment of money can not be recognized Supervisors.

The Central Bank issued a draft "On the procedure of calculation of own funds and the amount of monetary valuation of the property to ensure that the statutory activities of NPF", reports "Kommersant". The document says that in the calculation of own funds of private pension funds will be credited funds in accounts and deposits in banks affiliated with the management companies, spetsdepozitariyami and actuaries. This allocation of funds NPF in any case is only possible with credit institutions, which have been assigned long-term credit rating not lower than the level set by the Board of Directors of the Central Bank.

Says RBC ( "Prince put on a kind of") that the World Heritage Centre requested by the Russian authorities and the National Commission of the report of the international organization, whether the recommendations when installing the monument to Prince Vladimir on Borovitskaya area considered. The report, the Russian side should present by December 1 this year. Monument began to set the previous day, the work will be completed by November 4th. Previously, UNESCO warned that the failure to consult on the construction of the historic landscape and non-compliance of the Heritage Convention could lead to consequences for Russia - for example, the Kremlin could lose World Heritage status. Reconciliation of the organization for the construction is still no. Ministry of Culture says that all the recommendations - from the altitude of the monument to the improvement of the territory - made.

"Vedomosti" tell ( "The judges believe the best") of the draft outcome document of the Ninth All-Russian Congress of Judges. Forum will be held in Moscow in December. The draft contains proposals on a wide range of issues - from the judiciary to the social guarantees to judges. Ideas for the Unification of courts of general jurisdiction and arbitration, although discussed earlier in the document are not logged in.


Experts say that the current shortage of personnel in the traffic police to control these rules will be difficult.



News under discussion