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Legal advice

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Supreme court of the Russian Federation recognized lawful employer involvement administrative responsibility for failure to notify the former tenant about the employment of former state employee (Decision of the armed forces on November 2, 2018 No. 4-AD18-15). Recall that according to article 64.1 of the Labour code and article 12 of the Federal law from December 25, 2008 g. № 273-FZ "On combating corruption" the employer at the conclusion of the labor agreement with the citizen replacing positions of the state or municipal service which list is established by the normative legal acts of the Russian Federation, within two years after his dismissal from state or municipal service is obliged in ten-day term to indicate the conclusion of...

Deputy Prime Minister Russia Dmitry Kozak said that the government is going to continue to compensate the manufacturers recycling and leave grants for the transportation of vehicles trains. to him, the recycling fee will vary based on commitments the localization of production. "Recycling collection will return to all - and it is a competitive advantage of the entire Russian industry", - said Dmitry Kozak at a meeting with the heads of the automakers. Given, that not all automakers have expressed their desire to participate in the project "international cooperation and exports", it is proposed to confine those brands that have spetsinvestproject, to provide subsidies under the corporate programs aimed at increasing exports. the meeting...

This year, companies must submit to the statistical authorities in the form No. 11 (short), "Data on availability and movement of fixed assets (funds) non-profit organizations" according to the revised form. In connection with the beginning of the use of the Federal public sector accounting standards , Rosstat approved a number of changes and additions in the Instructions the form that need to be considered when compiling a report for the 2018 (order of Rosstat from November 22, 2018 No. 685). now, line 05 reflects the total value of machinery, equipment and vehicles, and in line 06 of this amount should be allocated only the cost of transport. the Instructions Also clarify what objects to refer to other machines and equipment which are...

Specialists explained that, generally, to transfer the employee for a permanent job to the other the employer will need a written request or written consent (part 2 of article 72.1 of the Labour code). And they drew attention to the fact that the content of the employment contract with a new employer can be different from that which was concluded with the previous one. In addition, experts recalled that the coming old age pensioners enter the number of persons which according to the agreement of the parties may be concluded fixed-term contract (part 2 of article 59 of the LC RF). Previously, the courts also gave a number of clarifications on the implementation of the above mentioned norms of the labour code, inter alia, that: achievement the...

Officially published by order FTS of Russia from September 21, 2018 № MMV-7-3/544@ "On the statement of the form and presentation of tax returns for the excise duties on ethyl alcohol, alcoholic and (or) excisable alcohol-containing products in electronic form and the procedure for its completion". the Document was registered in Ministry of justice of Russia on December 5 this year. the Order approves updated: the form of the tax Declaration for excise duties on ethyl alcohol, alcoholic and (or) excisable alcohol-containing products; the submission of the tax Declaration for excise duties on ethyl alcohol, alcoholic and (or) excisable alcohol-containing products in the electronic ; the order of filling of the tax Declaration for excise duties...

Financiers evaluated the possibility of taxation of payments to be made to organization for dismissal for the purpose of encouraging and awarding. after Analyzing the relevant provisions of the Tax code, they came to the conclusion that, because such payments do not relate to compensation, the relevant income shall be taxable in the generally established okay and in full (the letter of Department of tax and customs the policy of the Ministry of Finance of Russia from 12 October 2018 № 03-04-06/73549). This follows from the norm of item 3 of article 217 of the tax code, according to which all types established by the legislation of compensation-related, particularly with the dismissal of employees, shall be exempt from taxation. an...

Employee went to court, demanding from the employer, including compensation for the delay of the work book. Recall that according to article 84.1 Labour code on the day of termination of the employment contract, the employer obliged to give the employee the work book. If this is not possible in the absence of the employee or his refusal to receive labour record, the employer must provide the employee notice of need to appear for the workbook or to consent to sending it by mail (appellate decision of the Sverdlovsk the regional court of August 14, 2018 in case No. 33-14260/2018). this case, the work place of the employee differed from the place where the employer kept his workbook. In this regard, the employer instead of issuing...

A the exclusive right to result of intellectual activity or on the means of individualization is carried out by the rightholders jointly, , if the Civil code or the agreement between right holders provides otherwise (section 3 of article 1229 of the civil code). While the Family code establishes a presumption of spousal consent to the disposition of the common property. A transaction made by one of the spouses involving the disposition of common property of the spouses may be declared invalid on the explanation for the lack of consent of the other spouse only according to his requirement and only in cases if it is proved that the other party in the transaction knew or obviously should know about disagreement of other spouse on its...

A Group of state Duma deputies headed by Anatoly Aksakov proposed to establish admission requirements in the country e-wallets and other electronic payment instruments. it is Noted that we are talking in particular about AliPay and WeChat. So, the amended electronic means of payment provided by the transfer of funds to its clients will be accepted in the country only by them, including with the participation Bank payment agents and service operators in accordance with agreements on the acceptance of electronic means of payment by legal entities and SP. in addition, the bill it is assumed that the operators of the foreign payment systems will be to send to the Bank of Russia statements about their inclusion in a special register. it is...

Ministry justice of Russia has finalized a draft law allowing to sell (more precisely, to reduce) a single housing debtors. According information of the Agency, the new document allows you to withdraw the only housing for any of the debts, but only in the case of recognition person bankrupt. Amendments to the insolvency law permit to include it in the bankruptcy estate and then sell at auction. to Initiate bankruptcy a person can be, if the size of the debt exceeded 500 thousand rubles, and the delay is not less than 3 months.

Supreme court of the Russian Federation rejected the appeal of the airline, challenging the provisions of section 135 of the General rules of air transportation passengers, baggage, cargo (Definition of Board of appeals of the armed forces 20 November 2018 n APL18-475). In particular, she was not agree, what this rule permitted transportation of personal effects in excess of the manual Luggage. Recall that the number of such things may enter outerwear, baby stroller and handbag. One of the main arguments the airline was the fact that the transportation of personal belongings of passengers contrary to the requirements of safety, which she is obligated to provide. However the armed forces did not agree that the right passenger...

Today official publication of Federal law of November 29, 2018 No. 458-FZ "On introducing amendments to the Federal law "on the Federal budget for 2018 year and the planning period of 2019 and 2020". The amendments affect only the basic characteristics of the Federal budget for the current year and are the concern of the planning period. In particular, the total amount of income the Federal budget in 2018 increased from 17,073 to 18,948 trillion trillion RUB, and the total amount of expenses – 16,691 trillion to 16,809 trillion. So now envisages a surplus in the Federal budget the amount 2,139 trillion rubles (1,657 trillion more than the amount established earlier). This is due to increased oil and gas revenues. other than , increased...

Published on the official website of the service data, from the beginning of 2018, citizens of the Russian Federation made through the online services of the FTS of Russia is 17 million operations payment of taxes and fees. The total amount paid thus tax payments amounted to 30 billion rubles. Tax reminded that for the website of the tax Department there are several services for payment taxes, "taxpayer's Personal account" and "Pay taxes". Payment through them can make taxpayers who are customers credit institutions with which the Federal tax service of Russia signed agreements on information exchange with payments individuals administered by the tax authorities. Currently, option payment is technically implemented in 41 of the credit...

Ministry of labor Russia prepared a draft order on allocation by region quotas for issuance to foreign nationals arriving in Russia on the basis of the visas, work permits and invitations to enter our country for labor activities in the next year. Earlier, the Ministry issued proposal to determine the need to attract foreign experts for 2019 in the amount of 144 583 people – 33 871 person less than in the current year (178 454). in accordance with this document, in particular the number foreign workers in the Central Federal district will be reduced by 15 784, and in the far Eastern Federal district – 9559. Moreover, it is not excluded that next year in Moscow will work for 8328 foreigners than now, and in Saint-Petersburg – 4260...

The following year on the territory of the Republic of Tatarstan, Kabardino-Balkaria Republic, Primorsky Krai, as well as Nizhny Novgorod, Ivanovo, Lipetsk, Tomsk and Novgorod regions. starts experiment on the personalized detection of low income. It is expected that in the future they will build path out of this state. About it today at a meeting of the Russian tripartite Commission on regulation socially-labour relations the Minister of labour and social protection RF Maxim Topilin. Notably, what, according to the Minister, 2021 these projects is scheduled to begin to implement throughout the country. And at the moment the Ministry is preparing a plan for sustained growth of real incomes of citizens, as well as the level of pensions...