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News portal PRAVO.RU
The Plenum of the armed forces have taken the decision to appeal and cassation proceedings in arbitration courts. Experts "Pravogo" I saw in the regulations are not only convenient systematization of already established rules – some new positions can solve the old problem of economic disputes. So, in the annulment will be easier to submit clarifications and additions, and appeals were forbidden to accept new evidence. And for both instances made obligatory audit of the decision on conformity to positions of the Supreme court.
A Practice in which an employer allows employees to periodically work from home de facto used for a long time - but it was not legislated. During a pandemic, the need to fix the established practice has increased. The result of the activity of the legislator: in the first, more General project about the distance from the Moscow city Duma, followed the initiative of the United Russia and the Federation Council with more detailed regulation that imposes new kinds of telecommuting and regulating the interaction between the employee and the employer. Understand what is offered to the deputies, what are the advantages of the initiative and what it creates ground for conflict.
Pandemic struck in many kinds of small and medium-sized businesses. Even if the company was lucky not to splurge so far - it may be not afford to pay for space in the same size. The law allows victims to tenants to reduce rent. How exactly to do it, tell the first Vice-President of the Association "sroo "Expert advice" Vladimir Lebedinsky and managing partner of the expert group VETA Ilya Zharskiy. They came up with eight methods that you can adopt.
After the pandemic coronavirus began to decline, some countries have decided to ease earlier restrictions. Mainly it concerned the opening of cafes, restaurants and other public establishments. The exception was England. Where lawmakers only further tightened earlier activities. For example, forbidden to meet at night from two or more people. In many other countries – Germany, France, USA – regions enjoy a wide margin and will adjust the restrictions or exemptions depending on the dynamics of morbidity.
The new Draft of the administrative code, who published the Justice Department promoted the use of warnings as a form of punishment. This measure in many cases will have to replace the fines. Relief will follow for businesses, which lawmakers reduced the maximum period of administrative arrest. In addition, the authorities lost the opportunity to attract the company and its officials for committing the same administrative offence at the same time. Nevertheless, lawyers are still the questions to the initiative of the Ministry of justice.
CCG has considered the issue of criminal prosecution of the former Chairman of the Novosibirsk regional court Rimma Shadowking. According to investigators, she warned of the search of the office of justices of the peace, which allowed a suspect to get rid of important evidence. In 2019 the CCG has declared to the judge a warning for this violation. But the Investigative Committee believe that it is criminal on the grounds of abuse of power. At session vkks the judge explained the reasons of persecution. Previously, she didn't say that.
The Supreme court has published a review of the disciplinary Board in cases of attraction of judges to responsibility. It includes very different stories about what the Russian judges are stripped of their powers. One judge did not cope with the heavy load and made a tape, and even slept at the meetings. The other after sentence announcement has added to it 800 words. The third considered in the court of General jurisdiction a corporate dispute and took it to inadequate security measures. And the fourth even had a fight with the police in the Department because of the reluctance to show documents.
Since the beginning of the year, the European court of human rights was awarded to the Russians about €400 000 in compensation for moral damage. Almost half of this amount is for the lawyers who challenged illegal searches in connection with criminal cases of their clients. The ECHR sided with the applicants. He pointed out that the searches illegal, and "there is reason to believe..." is too vague an explanation. In the cases of lawyers were violated including the right to respect for private and family life. This is the most popular among Russian applicants article of the Convention. Three complaints were not satisfied, and one by one the European court has awarded €200 200 compensation. Tell the most interesting and summarize the statistics in this...
The more the country cases, the greater the demand for lawyers: this conclusion follows from the report of the American researchers. Many clients are ready to delay problems with the law to the best of times, and although some expect a "coronavirus problems" in your business, I believe that in a pandemic lawyers do not work. To reassure firms, faced with a sharp drop in the number of calls, maybe the fact that it is temporary. Other advantages of a situation for law firms - a push in technology development. Customers are also pleased with the online - but not in the courts.
Monday, may 11, expiring rulings, which limited the courts at the time of the pandemic. But a clear answer to the question of how to function the courts starting next week, still no. While some courts recognized that not yet determined mode of operation, in other claim that may 12 will hold meetings as usual. But for the safety of participants of process all are asked to wear masks and to keep the distance of 1.5 m. Lawyers are ambivalent about this approach and are afraid of epidemiological disaster.
Coronavirus does not spare the economy. Legal services are no exception. Judging by the fact that the representatives of the sphere, the crisis will be postponed – while the majority of the lawyers finish their current projects. At the same time, it is now significantly decreased the number of new inquiries and new customers, tell partners of law firms. But some of the lawyers and at all remained without work. As the results of the survey "Pravogo" such about a quarter. Since the regime of restrictions has been more than a month, we decided to ask readers changed their income during this time.
Edition of the American Lawyer tells how major us and international law firms cope with the economic crisis, which caused the pandemic. Several companies reported that the business is going well, but we must also be proactive, given that the situation is unclear, and it is unknown how long it will last. Perhaps this is true and legal business has yet to fully feel the "effect of coronavirus". While law firms massively reduce the payouts to partners and a leave of absence of administrative personnel. Basically, they seek to avoid wage cuts and layoffs. However, there are exceptions.
Now in the courts are only immediate processes. Most often they relate to the selection or renewal of a preventive measure. But even this must be done through video conferencing. However, the technical component is poor. But some courts go further and hold meetings via Skype. Through this format the lawyer even managed to overturn the conviction. In jail for principals is also not easy to get. Somewhere even require you to wear a hazmat suit. A transfer is not concluded and is temporarily banned.
Late the rent can be paid even to those who rents part of the property. For the "communal" is also allowed to pay immediately without consequences. For all the delays on such amounts to January 1, 2021, no penalty charge will not. In addition, the bankruptcy of the moratorium period the creditors cannot contact the banks with ispolniteli even for those debts which arose before this time. Explained Supreme court and a situation where the attackers will be punished ugolovkoy for the proliferation of fakes on the coronavirus.
On 21 April 2020 the Presidium of the Supreme Court of the Russian Federation ("armed forces") was approved by the review of individual issues of judicial practice related to the application of laws and measures for counter-proliferation in the Russian Federation of a new coronavirus infection (COVID-19) No. 1 ("Clarification"), in order to ensure uniform application by courts of the legislation . Clarification clarify and develop previously published by the armed forces of the recommendation, in particular, in a letter dated 01 April 2020 № 7-VS-1848/20 Deputy Chairman of the armed forces of the Russian Federation – Chairman of Judicial Board on economic disputes of the armed forces of the Russian Federation Oleg M. Sviridenko, and also the decree of...