Антон Калинин - LLC in court
- Название:LLC in court
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- Год:2022
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Антон Калинин - LLC in court краткое содержание
The relevance of this topic is primarily due to the fact that the representation of corporate entities is an integral part of the interaction of legal entities with the court. The object of the study is presented in the form of representation of corporate entities in court. The subject of the study is regulatory legal acts regulating the representation of corporate entities. I think that this book will be useful for many managers and specialists.
I wish you a pleasant reading.
Приветствую тебя, дорогой читатель! Актуальность данной темы обусловлена в первую очередь тем, что представительство интересов юридических лиц является неотъемлемой частью взаимодействия юридических лиц с судом. Я желаю вам приятного чтения. Также хочу заметить то, что прочитав это вы расширите словарный запас, особенно это актуально для юристов-международников.
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No later than March 28, 2022, it is necessary to file an income tax return on a new form.
Order of the Federal Tax Service of Russia dated 05.10.21 N ED-7-2/869@ From January 1, 2022, it will become easier to take into account the costs of vouchers. Federal Law No. 8-FZ of 17.02.21. From January 1, 2022, the rules for calculating depreciation during reconstruction will be clarified. Federal Law No. 305-FZ of 02.07.21. Since January 1, 2022, restrictions on loss transfer have continued to apply. Federal Law No. 305-FZ of 02.07.21. USN No later than March 31, 2022, you need to submit a declaration on the USN on a new form. The order of the Federal Tax Service of Russia dated 12/25/2020 N ED-7-3/958@ From January 1, 2022, the limits on the USN will be increased. Order of the Ministry of Economic Development of the Russian Federation of 28.10.21 N 654 (and of 30.10.2020 N720). Accounting and reporting. From January 1, 2022, new FBU will be introduced (Order of the Ministry of Finance of the Russian Federation dated 16.10.2018 N208p). From January 1, 2022, electronic waybills will be introduced. From January 1, 2022, the principle of "one window" is introduced when submitting accounting reports:
Consequently, we see the innovations reflected in the review.
Also, in my scientific work, I want to consider the legal precedent of a high-profile case against YUKOS. To begin with, it is worth noting that Mikhail Khodorkovsky was still guilty, as he himself stated in an interview with the famous blogger Yuri Dudya. But we will not consider this side of the issue, of course, that the YUKOS enterprise itself as a legal entity will serve as "food for the mind" , and the identity of the CEO who appeared in the case as an individual. In other words, we will consider the legal and economic side of the object, and we will not touch on politics.
In 1996, compared with other oil state giants, the company was still in a satisfactory condition – according to Khodorkovsky himself. Nevertheless, oil production fell by 15% a year, debts to all contractors amounted to about $3 billion, salary delays reached six months, workers either rebelled, stole, or muttered. In 2003, salaries already reached 30,000 rubles a month, there was no question of any delays in payments, and tax revenues to budgets of all levels were already $3.5-4 billion/year – moreover, with the oil price at $27-30 per barrel, not $60. That is, thanks to privatization, real management was created, which simply did not exist in the era of "beautiful directors". Consequently, the above suggests that the company's debts continued to grow..
According to Mikhail Khodorkovsky: 12 theses of perestroika led to the following factors:
1. qualitative strengthening of the role of states as regulators in the economy; 2. the ghost of regulatory systems in accordance with the requirements of the global economy and the equilibrium of all its subjects; 3. the revival of the values of solidarity as an alternative to economic selfishness and uncontrolled competition; 4. introduction of stricter requirements for the ownership and management of corporations by the state and society; 5. a new financial market management system and regulation of these markets, which will shift the balance of their activities towards the socially necessary goal of supporting the development of the real economy; 6. limiting the growth of material consumption of the "golden billion", which has recently become simply unrestrained; 7. accelerated development and implementation of specific technologies to reduce the consumption of non-renewable natural resources; 8. partial restoration of the rights of values and with.9. Definition of restrictions on the order of movement of capital, goods and labor between large economic zones (regions), preventing the possibility of sudden catastrophic fluctuations; 10. the growing attention of national governments and interstate regulators to the creation of effective social "airbags"; 11. the growing share of the human factor and intelligence in the economy, which will no longer be able to exploit various objective trends without a subjective, creative and critical approach to them; 12. the relegation to the background of the logic of the priority of commercial profit, – economic egoism "Program 2020", – According to Mikhail Borisovich, set out in the book "articles, dialogues, interviews" is as follows:
The political and economic program of the future ruling elite of Russia is designed for 12 years. The objectives of this program, which can be implemented in its main provisions by 2020, were as follows: 1. the increase in the population of the Russian Federation to 220-230 million people – this was supposed to allow the development of Eastern Siberia and the Far East by the forces of the Russian people, as well as to avoid the dismemberment of the country as a result of the "capitalization" of the eastern regions. 2. achieving the structure of the national economy: 40% – "knowledge economy"; 40% – oil, gas, metal, licensed production; 20% – agricultural, including processing and trade. 3. Preservation of the territory of the Russian Federation and consolidation of its current borders, including through the power of implementing colossal investment programs in the Far East and Eastern Siberia. 4. The creation of new Russian armed forces practices from scratch. 5. Reconstruction of fundamental science and system education as a structure of reproduction of intellectual national potential.
6. Cardinal modernization of the municipal national infrastructure, as well as the creation of new transport communications – roads and railways – mainly in the east and south of the country.
7. Creation of a mentally and historically standard social system for the protection of the population in Russia, which includes free high-quality medical care and, accordingly, compulsory secondary education for 100% of the population, higher education is free for 50% of young people, guarantees for the provision of a full range of previously available social benefits or their real monetary equivalent.
Sources of implementation of the above postulates: 1. change of the regulations for the use of raw rent. Approximately $140 billion of growth over three years (according to forecasts of the Central Bank of the Russian Federation); 2. legitimization and privatization through a special compensation tax, which will bring about $30 billion to the Federal Budget and extra-budgetary trust funds. 3. additional budget revenues that will arise when the economic growth rate changes (12-15% per year). Thus, we see the economic and legal basis of the YUKOS company, and we can also draw appropriate conclusions about the above precedent. An important aspect is the disputes between legal entities and the state related to brokerage operations on cryptocurrency.
Let's consider the legal side of the issue. Let's assume that an individual entrepreneur, self-employed or a legal entity bought a cryptocurrency using automated trading. And that's how it happened that BTC (bitcoin) had a "criminal past". And then an honest acquirer has a real problem. But it is important to remember that a bona fide acquirer should not be responsible for the origin of the cryptocurrency. For example, Chainalysis KYT has provided services for assessing the past of BTC, including through checking for connection with the "darknet" and fraudulent acts. The services of this service are paid and their cost is determined by the object of transactions and coins with which the user wishes to investigate the legality of the operation. In the "dark past", the use of "mixers" may become possible, – services that allow mixing and confusing transactions that make the source of the origin of funds difficult to calculate.
But such services are also used by scammers who pursue the goal of laundering income.
In this regard, exchanges block accounts to which the received cryptocurrency has passed through the "mixer". For example, at the end of December, Binance refused the user a request to withdraw funds that were supposed to go to the Wasabi wallet, which provides these features. Thus, Valery Petrov, Vice-President of RAKIB, expressed confidence that honest users do not need to resort to the services of such services. According to Petrov, in the legislation, as well as in the stock market, in general, there is a concept of a "bona fide acquirer".
Adhering to this rule, the investor is not directly responsible for the asset that he acquired, for example, if it was stolen or noticed in any criminal transactions. This practice should extend to crypto operations," Petrov emphasizes.
"If you have a cryptocurrency with a criminal background, then a conscientious acquirer should not be responsible for those who violated the law before him… And the owners of coins can be advised to avoid participating in obviously illegal operations for its turnover.
Also returning to the issue of blocking the account of the police of Ukraine, Vice President RAKIB added that there is no need to worry about this. Funds do not have the right to withdraw for "past sins" without a court decision indicating this fact. According to experts, when buying BTC, especially on dubious services, it is worth "recording all the moves". It will be useful if the user testifies for something that has nothing to do with the criminal world. Otherwise, it is not worth transferring money to exchanges – this is confirmed by Binance. There is also a way to determine the purity of transactions (assets) and avoid losing access to them. Gleb Kostarev, the head of Binance in Russia and the CIS, confirmed that even an unconscious transfer to a cryptocurrency exchange wallet can be blocked in case of suspected fraudulent actions.
Maria Stankevich, Director of Business Development at EXMO, reported on the application of similar sanctions in case of receipt of "dirty" cryptocurrencies to the account. You can also check the services through the Crystal service, it allows you to set the amount of ownership risk. This indicator is determined based on where it was used for payment. Bitcoin (BTCI, Bitcoin Cash (BCH), Litecoin (LTC, Ethernet (ETH) and all tokens that support the ERC20 and ERC721 standards are available for verification. Thus, we see the essence of the stock exchange in modern realities. According to the new legislation, as reported by SPS Consultant Plus, small businesses will be exempt from such inspections for a year.
There are a number of exceptions. For example, less than 3 years have passed since the inspection, as a result of which the organization was punished for a gross violation, suspended its activities or revoked its license. Another exception is the presence of objects of extremely high or high risk.
It is necessary to post vacancies on the portal "Work in Russia". You must specify information about vacant positions on the portal: – organizations of the state or municipal sector, including state unitary enterprises and municipal unitary enterprises; – organizations in which the state or municipality participates in the authorized capital; – other organizations, if their average number for 2011 is more than 25 people. The temporary rules for the work of shift workers continue to apply. The government will extend the temporary rules for the work of shift workers until the end of 2022. If, due to restrictive measures, the staff is late for the shift, it can change its duration, accounting period and work schedule. A two-week self-isolation before the watch is counted while on the road.
It is necessary to keep separate military registration cards for employees.
For each conscript or conscripted employee, you need to get a card of a citizen who is subject to military registration in an organizational form (see the overview "from March 8, organizations must keep separate military registration cards for employees"). From March 1, changes in the field of labor protection will also work. Among the main changes: – it will be necessary to register microtraumas, as well as to find out their circumstances and causes; – those who have not accepted the obligations of the PPE should not be allowed to work; – if, according to the results of the SOE, the working conditions are classified as dangerous, then it will be necessary to suspend work (that is, an exception); – organizations will be able to conduct electronic document management in the field of labor protection; – if the employee is not provided with means of protection, then the employer is obliged to pay for downtime in the amount of average earnings; – employers are obliged to coordinate among themselves measures to protect the health of employees who work on the territory of another employer. From March 1, new subordinate regulations will also start working (see the review "How the Labor Protection Code of the Russian Federation was changed: an overview of innovations".
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