02.18.18

Tax Code

Discovery of documents not related to the purpose test, it is illegal. Moreover, according to Art. 98 of the Tax Code are not allowed to participate as witnesses, employees of tax authorities (Decision of FAS from 11.04.2002 N A12-13738/2000-S25). Limiting the tax authority in the course of tax audit of its subject matter in order to justify the finding of underreporting VAT payer only by comparing data from registers and accounting information included in this tax return, without studying the relevant primary documents is a violation of Art. 87, 89, 100 of the Tax Code provisions and regulations of the Russian Federation Ministry of Taxation on the procedure making the act of tax inspection (Resolution of the Federal SFR from 02.09.2002 N A13-5933/00-14).

Violation of the tax authority of two months of Art. 89 of the Tax Code does not constitute grounds for the recognition of evidence obtained by the tax authority in terms of a tax audit, obtained outside of the test, provided that disputed documents were entered on the tax audit and the taxpayer has had the opportunity to get acquainted with them and present their objections (Resolution of the Federal SFR from 10.09.2002 N A56-4346/02). Changing the skill of illegal actions of the taxpayer in re-issued on a tax authority decision to prosecute, as compared with the qualifications of the initial decision, whether under the current tax rules legislation, nor the general principles of administrative law (Decree of the Central Organ of the FAS 01.10.

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01.11.12

Administrative Code

According to statistics in period from 01 January to 31 June 2010 in the judicial land plot 102, Moscow received 318 cases filed at Paveletskaya Square in Moscow, moving into the oncoming lane. By virtue of Art. 24.1. Administrative Code of the traffic police authorities, as well as the courts are obliged to identify the causes and conditions conducive to the commission of administrative offenses. So why do so for a long period in the presence of a significant number of car owners committed the offenses on the part of the traffic police and the courts do not taken no action to address the causes and conditions contributing to their commission? Think about it, not all those who have violated the established doubtful signs are worst offenders, or suicide? We surveyed motorists reported that while driving on Paveletskaya square they saw no signs prohibiting the movement right, or right turn.

Their arguments have merit – they are caused by high traffic congestion, traffic of buses "Brick", the installation of traffic signs with violations of GOST. Let us think about what judges breeds our judicial system. Not otherwise state criminals using the high status of a federal judge to cover up the iniquities of traffic police. Do we need the state and society are stepchildren Themis? After all, their actions are nothing more than a direct threat to the strategic security city and country. The cases in this manner otherwise than as the arbitrary will not name.

Enough to carefully read the decision and compare it with the case. The decision itself unconstitutional and directly confirms finding judges and traffic police in the unlawful conspiracy against cars. Collusion traffic police and the judges confirmed the reluctance to allow the latter case in accordance with the law. According to the results of the case honest judge was obliged to make representation to eliminate the causes and circumstances of offenses. Therefore, Fedin beneficial to the area at Paveletskaya excited as much as possible cases "for the oncoming". If not, why he and DSS staff members do not pay attention to that standard violations can result in accidents, and with rather dire consequences? It seems that everything that happens due to the fact that as soon as possible to clear Moscow from the people leaving the city to stay for those who pass the meeting in the courtroom with Fedin AN, and pass under a brick, silently show DPS employees spetstalon or prescription. How, then, Fedin was appointed a judge Zamoskvoretsky District Court? Now this will be parsed qualification board of judges in Moscow and the Office of the President of the Russian personnel. We hope their decision will be fair. PS: thanks to the efforts of human rights defenders and activists, 04 August 2010 deputy chief of traffic police in Moscow Central Administrative District V. Kovalenko was ordered to cease to prosecute violations in parts 3 and 4 of Article 12.15 of the Administrative Code at Paveletskaya area. Yuri Shulipa Moscow branch of the PAR:

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11.22.11

Russian Foreign Ministry

On an ugly system of work with Russian compatriots, built in recent years, the Russian Foreign Ministry and Rossotrudnichestvo, Much has been written down to serious charges of lying and slandering senior Foreign Affairs and even legal action against the ministry. On all charges officials prefer to keep silent, and the court is not, so that the situation in the Russian environment countrymen sometimes becomes just grotesque forms that can not be thinking about. Moreover, recently caught in a lie to Foreign Ministry officials are forced even those who, as they say, kept up and the latter stood firm on the positions of the absolute necessity of upholding 'honor' the uniform of Russian officials, but their patience ran out. At a meeting of the State Duma Committee on CIS Affairs and Relations Compatriots on May 11 during the consideration of bills on amendments to the Federal Law 'On State Policy in respect of compatriots abroad' in a lie Foreign Ministry officials were forced to even accuse the deputy of the State Duma, First Deputy Chairman of the State Duma Committee on CIS Affairs and Relations with Compatriots, director of the Institute of CIS Countries Zatulin. True, it did not help – pushing through false justifications Foreign Ministry draft Federal Law "On Amending the Federal Law 'On State Policy of Russian Federation concerning compatriots Abroad ', was passed by the Parliament and 14 July this year approved by the Federation Council. After that, the question of determining who and how will be the countryman, in fact, completely farmed out to Foreign Ministry officials.

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11.15.11

Work Permit For Foreigners

Nevertheless, in order to be able to hire a foreign worker, you must arrange a certain number of documents including work permits for each foreign citizen, as well as permission to foreign labor (DCI). Specialists of "Belens" have extensive experience in processing work permits for foreigners in obtaining a permit to hire foreign nationals. Depending on the that came from your future employee, a list of documents required may vary. To obtain a work permit for foreign nationals from the former Soviet procedure is simplified. This applies to foreigners from the CIS. Citizens of Belarus a work permit in Moscow is not required.

Yes, the work permit is not a very complicated procedure, however, an independent campaign for the office and on obbivanie thresholds can take a lot of precious time which you could usefully spend on other equally important issues. And the time – money! Therefore it is better to entrust the execution of a work permit for foreigners professionals. Especially beneficial to contact our firm if you have more than 10 prospective employees from abroad. Work permits for foreigners from abroad can be a bit more difficult, of course, provided that you do it yourself and not through the law firm of specialists who have succeeded greatly in the field of obtaining a work permit. After self-registration permit may take a long time – from 4 months. Obtaining a work permit – this is a mandatory procedure and permission must be obtained every foreigner who wants to work in Moscow and in Russia in general.

If only a few years ago, some employers, and disregarded a permit to work in spite of the possible penalties and risks, the situation has now changed and better secure the peace of mind filling out a work permit for each foreign worker than being subject to serious penalties. Obtain a work permit for foreign nationals from abroad can be difficult. In addition to work permits in Moscow for every foreigner, you must get another permit to employ foreign workers. If you yourself have tried to execute the necessary work permits, would spend a minimum of 3.5 months. Less time required for resolution foreign labor and work permit in Russia, if it will take for our lawyers.

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11.8.11

Labour Code

Labour Code does not establish detailed procedures to prevent. However, we recommend acquaint the employee on receipt of appropriate written document (an order or warning). If the employee does not agree to work under new conditions of remuneration, the employer must in writing invite him other information available to him was his job (as a vacant position or job, the appropriate qualifications of the employee and the vacant lower position or lower-paid job), the employee can perform, given its health. If the employer is obliged to offer all the employee meets these requirements vacancy available to him in the locality, which is a place of permanent workers. Job offer other places the employer must, if it is provided by the collective agreement, agreements, employment contract. In the absence of suitable vacancies or employee refuses the offered job employer gets the right to dismiss an employee in accordance with paragraph 7 of the first part of Article 77 of the Labour Code (failure to continue to work due to changes in certain sides of the employment contract). If the employee agrees continue to work under new conditions of remuneration, parties execute an agreement modifying the terms of the employment contract.

With regard to working hours, or more precisely, his regime, as a general rule it not established an employment contract, and the internal labor regulations (article 100 of the Customs Code). In other words, working hours are local regulatory in nature and does not apply to individual certain circle of people (of all employees of the employer and employees of particular departments or positions). In this regard, for the restructuring of work the employer is usually not required to change employment contracts and internal regulations. It should be remembered that according to Article 160 of the Labour Code working time rules apply to labor standards. In turn, Article 162 Labour Code stipulates that the introduction of new labor standards, workers should be notified no later than two months. Therefore, in case of changes in working time regulations, we recommend advance notify this through the knowledge of employees under the painting.

In employment contract on the condition of working time shall be included only if allocated to a particular employee's working hours differ from the general rules applicable in the employer (Article 57 Labour Code). If working hours are also registered in the employment contract, the relevant condition, as a condition of payment, may be changed by the employer in cases where it can not be saved due to changes in technology or labor organization. The procedure for changing conditions of employment of the working time regime similar to the order changing the conditions of remuneration (Article 74 of the Labour Code). At the same time refusing the employee to continue working due to changes in employment conditions of working hours can also result in dismissal. In conclusion, it should be noted that experts attribute the change employment contract by the employer for employment matters of high complexity. In this regard, we encourage employers to pay particular attention to legal support for these activities.

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