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PRAVO.RU

News portal PRAVO.RU

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On the first day of January came into force a number of amendments to the Tax code. Most of them are of a technical or focused in nature. Objectively, the tax system will not affect seriously the right to VAT deduction if the donation of goods for scientific research in Antarctica. Or exclusion of the ancient incident, prohibiting the organization to pay personal income tax at own expense, even if it has received an order from the IRS in an audit. However, some changes are really important for citizens and legal entities. Them and studied Pravoy.

Often the fate of a claim depends on the standard of proof. Here, the courts cannot demand more than is objectively necessary in order to confirm its position. In a couple of such cases of error the lower court fixed as the Moscow district. In one of them, the organization wanted to get a restraining order and filed the documents confirming the debt. But two instances she was denied because she did not prove that the defendant acknowledges the debt. In another case, a firm with a blank account requested the postponement of payment of state duty. She wanted to sue the debts of the counterparty, which was "broke". But two courts have decided that the statement of account is not enough. What they were wrong, explained as MO.

At a meeting with journalists in the Federal chamber of advocates, the President listed the main achievements and challenges of the Corporation. He noted that this year managed to bring order to the situation with the payment of remuneration to appointed counsel. But problems in other areas, he said, remain. Lawyers continue to face criminal prosecution. Another important point is to make the work of lawyers more technologically advanced. To do this, develop a separate system that will be integrated with the portal and e-justice.

The act has no direct rules to resolve the situation: "turns on" whether the procedure of compulsory redemption in accordance with article 84.8 of the law "On joint stock companies", if the shares were purchased from the affiliate. If the law on this score is nothing, it does not mean that the foreclosure is legitimate, decided sun. From a systematic interpretation of the law, it follows that compulsory purchase in such circumstances would not be consistent with the legal nature of this mechanism, which is aimed, primarily, at protecting minority shareholders.

In the last week of autumn the Supreme court will consider the case 132. The Presidium of the Supreme Soviet will consider returning some of the ECHR cases in which the Strasbourg court found the facts of police violence. Civilian Board will understand whether you need to take away a pension from someone she had already been paid, and considers how much life is killed in police custody of his son. In the criminal bar – it is the anglers who caught at his ship FSB and received three years in prison. And economically planned an interesting debate in business for 151 billion: the judges have to deal, could the court of cassation to send the case for review.

Last scheduled for 2019 session of the Supreme kvalifikaciyi judges will take place from 18 to 22 November. CCG will consider candidates for the two heads of the collegiums of the Supreme court to select the Chairman of the courts at different levels, to consider candidates to judge new courts and examine the pleas of the judicial powers already lost. Among those who complained to the Vienna Convention, a businessman who was competing with Vyacheslav Lebedev, the chair of President of the Supreme court, and the judge, who was stripped of the mantle because of the scandalous video with naked woman. Learn more in our review.

The Company went bankrupt and liquidated, but the debt remained outstanding – as it usually happens. Other individuals bought the rights requirements and has decided to stand in the register of creditors. But the courts turned them down, because the exclusion of the company from the register means a halt to all of its liabilities. The Supreme court was of a different opinion. He explained why the debts of liquidated companies continue to "live". Lower courts to interpret the law literally, but economically addressed the meaning of the rules, he said. Her clarification to help creditors against unscrupulous debtors.

Bankruptcy has long ceased to be a simple judicial procedure of liquidation of the debtor. Now it is complex, full of various legal institutions and branches of law process. FTB by volume not inferior to the codes, and when represent the interests of any person that is a party to bankruptcy proceedings, you need to have a huge civic knowledge and skills. As noticed in the legal community, if you want to "pump" the rule of law, lead it through bankruptcy. This tells partner of ART DE LEX.

A Lawyer is the best friend of a successful musician. Committed to terminate a disadvantageous contract with the record company, to protect themselves from accusations of plagiarism, or, conversely, to obtain compensation for it. Several processes in America has created new precedents and enactments, changed the rules of the music industry worldwide. This was written by the author of the ABA Journal, Victor Lee. He took the comments of the lawyers who represent the interests of musicians. Did they say why George Harrison played the guitar in the courtroom, why Metallica was suing a torrent website and how court case of one hip-hop group made possible the animated series "South Park" and "family Guy".

It Often happens that the small homes a few owners. They even relatives are labour, and strangers to get along even harder. These neighbors can apply to the court to determine the order of use of premises. But hard courts to resolve such disputes where in a small living space unfolding conflicts, and people suffer from serious diseases. What kind of compensation may count non-resident owner, said sun. And the lawyers said, when you can avoid the payment of compensation and that still have the right side of the conflict.

The Legislator is thinking how to reduce the burden on courts and make it easier for those penalties where there is usually little controversy. One such project relates to the tax debt and the other debts on a salary. But some experts believe that nothing will change, and explained his point of view. Another bill softens liability for drivers who unintentionally left the scene of an accident, but still run the risk of losing the right to up to six years. In addition, the legislator suggested a way of dealing with violations at registration of messages on crimes – law enforcement officers can refuse to accept them.

At the event, "enforcement: the current state and development vectors" experts discussed how to improve debt collection through new technology and reform the legislation for this. Russian police officers shared some statistics that shows how increased the number of citizens in our country who can not travel abroad because of unpaid debts. And the head of the Federal bailiff service said the need for the introduction of criminal liability for some of the unscrupulous actions of debtors.

On 22 July, began a regular meeting of the CCG, which received the approval of the 15 candidates for the posts of chairmen and Vice-chairmen of arbitration courts. The new Chairman can get as the Moscow region, 4th AAS in Chita and 11th in Samara. In Samara the court were three candidates. The Supreme court has approved two of them and a recommendation from the head of the court received only one. Well, vkks has made its choice. In addition, it considered the candidature of economcally the Supreme court. Wishing explained why her performance of "somewhat worse than on the court."

When you can not pay the state duty for filing in court? To what extent is impossible to reduce the penalty for a tax offence? Can husband to compensation for moral damages for the death of his wife from medical errors? The answers to these and many other questions – in the second review of the practice of the Supreme court in 2019. On page 151 of the document was a place for the most important positions in criminal, civil and administrative cases and economic disputes. In the document came disputes and for 2017 and 2018, and 2019.

Man left the family and broke the relationship with her daughter. His character was complex, and therefore she did not communicate with him when he grew up. Such arguments daughter tried to convince the court to restore a missed deadline for acceptance of the inheritance after his father's death. She learned about it only after a year. It took the sister of the deceased, which in time issued the inheritance on themselves and not told the notary about the "rival". The appeal decided that it excuse daughter, and ordered to return to her inheritance – the house and home. The error corrected by the Supreme court. The case came to the second survey aircraft in 2019.