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Legal issues

Articles concerning civil, housing, tax, labor and other branches of the right. Help in paperwork, explanation of provisions of contracts, etc. legal issues.
Deprivation of the parental rights
Лишение родительских правToday in increasing frequency not only fathers, but also mothers leave the children to the mercy of fate and are eliminated from their education. There was a wrong opinion that can deprive of the parental rights those who for several years did not pay the alimony, drug addicts and people having alcoholism.
How to receive SNILS on the child
Как получить СНИЛС на ребенкаToday in many establishments and the organizations you are asked to show to SNILS or as still call it – a green plastic card. And if earlier such document was issued only at achievement of majority or employment, today SNILS is made out even on children, and any age.
Disability registration
Оформление инвалидностиWhen problems with health lead to full or partial disability, and also impossibility of full self-service, the person should address to measures of the state support.
The annual paid vacation
Ежегодный оплачиваемый отпускThe labor legislation defines that each worker has the right for the annual paid vacation. When the employee is in holiday, behind it the place of work and a post, and also average earnings remain.
Power passport: whether requirements of supervising instances are lawful?
Энергетический паспорт: правомерны ли требования надзорных инстанций?At the end of 2012 many subjects of business, even some public institutions faced new requirements of Rostekhnadzor. Technological management of Federal Service for Environmental, Technological and Nuclear Supervision, threatening with impressive penalties, orders to commercial and noncommercial associations development of power passports.
Alimony in a firm sum of money: consultations of lawyers of the site
Алименты в твердой денежной сумме: консультации юристов сайтаThe speech in this article will go about a special form of collecting the alimony to minor children which is regulated by the current legislation. For separate cases the law provided a collecting format "the alimony in a firm sum of money", that is not the dependent on the income fixed help to minor children.
Traps for the enterprises: permission to application of Rostekhnadzor
Ловушки для предприятий: разрешение на применение РостехнадзораIn Russia not less fires are afraid of firefighters, and it is quite natural as to warn, train, and especially — to forgive, not in habits of the Russian officials; but to punish penalties — as much as necessary. It would seem, the ordinary businessman or small private enterprise has no need to be afraid of Rostekhnadzor, however the Russian realities prove the return.
That it is more favorable: to present or bequeath property
Что выгоднее: подарить или завещать имуществоHow to dispose of the property – a question very important and not suffering hasty decisions. Between relatives transfer of rights to property through the contract of donation or according to the will most often practices. It is only better to make a choice after you attentively examined all main nuances of registration of these documents.
As the receipt is written
Как пишется распискаThe person close to you swears and pledges the word of honor that everything will return in a month. It is possible to believe, of course, it, but the receipt will be the best providing the word of honor. The receipt is a way to secure itself in case one of the parties suddenly will refuse the obligations and it is necessary to restore justice in court. One of types of written proofs in court.
Contract of guarantee
Договор поручительстваWith distribution of such banking service as consumer crediting, strongly was included into our life the concept "guarantee". It appeared that there are many people ready to go to bank and to be charged for friends and relatives, for colleagues and neighbors. And after all consequences of such responsiveness can be quite notable for a pocket of the guarantor.
Inaction of bailiffs
Бездействие судебных приставовYou receive the judgment on collection of debt. Pass months, and blood you did not return. You address for explanations in district department of Federal Bailiff Service, but hear only muffled answers of the police officer-performer it is entrusted to them to be engaged in your business. You should not despair, force the police officer to act not only it is possible, but also it is necessary.
Unilateral change of conditions of the employment contract
Одностороннее изменение условий трудового договора At employment the employer and the worker sign the employment contract which reflects conditions of their cooperation. But everything changes, and there comes such moment when the employer has a need for change of earlier reached agreements. Whether the employer has the right to change then conditions of the employment contract unilaterally (without the worker's consent)?
Establishment and contest of paternity
Установление и оспаривание отцовстваPresently establishment of the one who will reckon as the child's father with all from this the following legal consequences, is in details regulated by a set of legal instructions, to understand which artful designs without special preparation not always happens simply. The speech about establishment and contest of paternity.
Rules of change of a name by the minor
Правила перемены имени несовершеннолетним лицомRecently, considering popularity of civil marriages, and also the increased number of divorces, rather often rises a question of change of a surname of children. Let's consider, what order is established in the legislation for change of a surname of minors. Let's begin conversation with a question how to change a surname of the child if on that is a consent of both parents.
Order of an appeal to the court
Порядок обращения в судPeople appeal to court owing to various reasons. This violated right or the challenged right is more often, is more rare – some claims and responses for the claim. All rights and duties of participants of process throughout consideration of the case are regulated by agrarian and industrial complex of the Russian Federation, the Criminal Procedure Code of the Russian Federation, GPK Russian Federation. I advise to hold these books at myself on a table, the standards, provisions concerning an appeal to the court are stated in them.
Agreement on the section of property or marriage contract?
Соглашение о разделе имущества или брачный контракт?The marriage contract, the agreement on the section of property of spouses – these concepts was included into our life for a long time. Even more often the former spouses, being on the verge of divorce, try to settle independently the relations with the help of these documents, without resorting to an appeal to the court. That represent these contracts – we will try to understand this article.
Refusal of the alimony
Отказ от алиментовI repeatedly had to face mummies, the raising children without financial support from fathers of kids. This decision is a choice of two adults taking or declining all responsibility according to the maintenance of the child. In my opinion, it is necessary to weigh several times all pros and cons, making the decision on refusal of the alimony.
Independent protection in court
Самостоятельная защита в судеSo, you are subpoenaed as the respondent. It is possible to wave, of course, a hand and not to go anywhere. Many and do. Whether it is necessary to speak, what even the most objective and most honest judge deprived of opportunity to see a problem from all directions can make the decision not in your advantage? Nevertheless it is better to be protected independently, than not to be protected absolutely.
Patent order of registration
Порядок регистрации патентаEach person who created something unique, has the right to take out the patent for the creation. It can be the invention, useful model, an industrial sample. For obtaining the patent it is necessary to submit the application to Rospatent with desire to register the rights and to prove that before anything similar it was created by nobody.
What to do if you were shortchanged in shop
Что делать, если вас обсчитали в магазинеWhat do we hope to find, crossing a threshold of shop? First of all, of course, qualitative goods which with interest will help us to feel more satisfied and joyful. Still we, certainly, study price tags, constantly comparing goods with expenses. But, it appears, at the time of calculation and there is a majority of disputable situations.
Alimentary obligations of family members
Алиментные обязательства членов семьиThe duty of parents to provide the minor children is well-known, thus the part of irresponsible citizens evades from payment of the alimony. But it appears, it is possible to become the payer of the alimony, without being the father or mother. And, on the contrary – the contents can be demanded at full age age and not only from the parents.
Production of judicial examination
Производство судебной экспертизыIn many cases, at investigation of criminal, civil, arbitration cases, carrying out judicial examination is necessary. It is the requirement of the law if it is necessary to investigate, for example, with involvement of experts, necessary materials, material evidences and another. It is very important to observe an order of carrying out procedure and to provide its legality.
Wrongful dismissal
Незаконное увольнениеWe appreciate the workplace, well we fulfill the labor duties, tactfully we behave with the administration. But suddenly suddenly the employer does not wish to see more you among the employees. What is it? its whim, whim, offense of the worker? In this article we will give a practical advice which you will be able to apply if you were dismissed illegally or want to dismiss.
Rules of production of investigative actions
Правила производства следственных действийInvestigative actions are carried out without fail at investigation of the committed crime. Experts are engaged in it, it is necessary to carry out actions in strict accordance with standards of the Criminal Procedure Code of the Russian Federation. There nuances are registered, the contents of procedural documents – protocols, references, etc. are described.
How to recover a debt through court
Как взыскать долг через судIf the arisen disagreements cannot be solved amicably, business often reaches judicial proceedings. However it is simple to assert in court the rights insufficiently, important also to achieve execution of a judgment in practice. It is carried out on the basis of the special document – the court order issued to the execution creditor.
Special order of judicial proceedings
Особый порядок судебного разбирательстваRecognition of fault is not an axiom for modern criminal law. The person can not agree with the charge brought to him and defend such position before adjudgement of court. And maybe completely to admit deeds act and to choose the reduced order of consideration of criminal case.
Settlement agreement
Мировое соглашениеOne of the procedural documents having special value at any stage of process is the settlement agreement. This document turns out to be consequence of reconciliation of the parties on mutually advantageous conditions. The legislation provided an order of its acceptance, consideration and signing. It is remarkable that it is possible to conclude the settlement agreement at any stage of process.
Right of the general property
Право общей собственностиEach of us has a property: car, apartment and many other things. If to speak about the property right, usually we understand as it the right to do with these things anything: to sell, give, change. Most often such decisions are made by the owner of a thing individually. But nevertheless there is a number of exceptions of this rule. It is about so-called general property.
How to change a surname
Как поменять фамилиюThe most known reason for change of a surname is a wedding. However each citizen has the right established legislatively to change a name and a surname on the discretion unlimited number of times. This process attracts change of part of your documents and takes away certain time, but if there is a desire, change of a surname is quite feasible.
Invalidity of wills
Недействительность завещанийFrom the legal point of view, the will belongs to unilateral transactions. As well as any transaction, the will can be nullified by court in the claim of the person, the rights or which legitimate interests are broken by this will.
Goods of inadequate quality, right of the consumer
Товар ненадлежащего качества, права потребителяIf the rejected thing was acquired in firm shop, his employees, as a rule, always meet requirements of the buyer. And here in outlets "more simply" on this soil quite often there are conflict situations. Anyway, never the superfluous will know the legitimate rights as buyer and if necessary to be able to use them.
How to behave during detention
Как вести себя при задержанииPractically any, even the most law-abiding citizen can be a detainee for commission of administrative offense or is simply brought to office of police for clarification of the personality. And it means direct communication with law enforcement officers at which it is important to choose an optimum line of conduct and to get out of the situation with the minimum losses.
Dismissal at own will
Увольнение по собственному желаниюProbably, there will be very few people who never changed a work place. Career growth, moving, aspiration to development – absolutely different reasons lead to dismissal at own will. Separate article of the Labour code is devoted to it. However in practice between the worker and the employer nevertheless not seldom there are disagreements in such situations.
Right of donation
Право даренияQuite often it happens so that the presented property becomes a dispute subject. It is easy to resolve these disputes, having addressed to the Civil Code of the Russian Federation, namely to the 32nd chapter by which questions of donation are regulated. We bring to attention of the readers information how to give and make out gifts according to laws, having reserved for the gift presented its right for possession.
Terms of limitation period
Сроки исковой давностиBy the law it is provided not only protection of the rights of citizens, but also terms in which it is necessary to appeal to court behind their protection. The term of limitation period – a significant factor, which violation can lead to refusal in satisfaction of the claim in whole or in part. Let's understand what features at its establishment are.
Drawing up and certificate of the power of attorney
Составление и удостоверение доверенностиIn life there are situations at which there is no opportunity independently to represent the interests. In such cases we ask for the help other person, we trust him, to make that we cannot independently make. In the Civil Code of the Russian Federation some articles in which it is rather accurately stipulated that represents the power of attorney are devoted to this right.
Labor pension on the occasion of loss of the supporter
Трудовая пенсия по случаю потери кормильцаNot many know that even the citizens who do not have the seniority have the right for provision of pensions of the state. And in case of premature death – the right for such pension passes to dependents. We offer the readers information on the one who, where and as can issue and receive pension (grant) on loss of the supporter.
How independently to file a lawsuit the claim
Как самостоятельно подать иск в судWho and why should file a lawsuit the claim independently? The question natural, after all now exists a huge number of the law firms ready to offer the services. But in certain cases the cost of services of the lawyer can be higher, than the cost of the subject of the claim. And there can not always be free money for fee of the expert.
Compensation of moral harm
Компенсация морального вредаHow often you had to face the concept "compensation of moral harm"? I think, to hear – heard everyone, and here the bases for receiving this compensation are known for certain not everyone. Therefore I offer readers of a small educational program on this subject.
Order of liquidation of open company
Порядок ликвидации ОООChoosing an organizational form, it is necessary to pay attention not only to opening procedure, but also to consider nuances of closing of the enterprise on the future. So, if studying procedure of registration of open company, it seemed to you too difficult, procedure of liquidation of open company to you will seem not to real. On realization of all stages can leave from 3 to 8 months. But about everything one after another.
How to close SP
Как закрыть ипProcedure of registration of the termination of activity as the individual entrepreneur the quite simple. The fact of closing of SP is filing of application about the termination of activity in the registering tax authority. But before the person having the status of SP has to collect a package of documents and break off contracts with the government and non-state bodies and funds.
Registration of the individual entrepreneur
Регистрация индивидуального предпринимателяPresently already you will surprise nobody with desire of many to work for yourself. But it not only possibility of increase in the income, but also responsibility before the state both for itself, and for hired workers. To provide itself and the employees with a social package, it is necessary to open firm or to be registered as the individual entrepreneur.
Free medical aid during pregnancy and childbirth
Бесплатная медпомощь во время беременности и родовThe question of costs of pregnancy is rather actual presently. We reflect on it or not, but each woman, coming to female consultation to be registered, will face questions of payment of analyses, inspections, medicines and other medical services. It would be desirable to mention the highlights connected with wastes during pregnancy and childbirth.
The section of joint property at divorce
Раздел совместного имущества при разводеThe basis of each family is made by spiritual and material relationship between spouses. Despite importance of the spiritual party, without material benefits existence of a family is also impossible. The property sewed in marriage is considered in common sewed and belongs to both spouses but when the family falls, quite often there is a question how to divide this property.
Rules of accommodation in an apartment house
Правила проживания в многоквартирном домеLiving in an apartment house not to disturb neighbors the existence, we most often rely on standards of the standard ethics of behavior. But, unfortunately, to norms and rules of etiquette not all citizens adhere, causing troubles to the neighbors. We suggest to examine how it is possible to settle situation how to affect or punish such residents.
Coordination of re-planning of the apartment
Согласование перепланировки квартирыArchitects design houses on the taste and a look, and residents should be arranged then under the general standard. But there is an opportunity to make planning of the apartment really convenient for themselves rather re-planning. I suggest to talk about this question to readers of
Contract of a rent and its types
Договор ренты и его видыDear readers, brings to your attention information that such the contract of a rent and a coma it can be useful. In particular, it concerns a rent of premises as gives the chance to satisfy requirements of interested parties on the most favorable conditions.
Operations procedure in case of road accident
Порядок действий в случае ДТПIf you had an unpleasant situation, namely, there was a road accident, try not to panic, collect the strength and act. Yes, act! Not probably that everything already occurred and already nothing can be made. Everything just only begins, believe me. And the fact of road accident is the simplest.
Bankruptcy of the citizen
Банкротство гражданинаI think, everyone heard more than once that the enterprise went bankrupt. And after all this procedure can be carried out and concerning the natural person, that is any citizen. In what procedure of bankruptcy for citizens consists, what consequences it can have, I also want to tell readers of
How to receive the policy of compulsory health insurance on PBOYuL
Как получить полис ОМС на ПБОЮЛUnfortunately, being registered as SP, many people do not know, on what social guarantees they can count and that it is necessary to make to receive payments for the sick-list, holiday, a child care leave till 1,5 years and other. I want to tell about it to readers of
The administrative penalty to pay or not
Административный штраф, платить или нетOne of ways of preservation of an order in the state and submission of citizens to the law is administrative responsibility. Making any offense which result can be an infliction of harm material or moral concerning the state or citizens, and also concerning their property, we make an administrative offense.
Registration and use of a maternity capital
Оформление и использование материнского капиталаIn support of the families having children, the Government of the Russian Federation created the special program. One of components of this program is the maternity capital. But, in spite of the fact that the program works within 2,5 years, many still have questions that this such and as it can be used.
Procedure of acceptance of inheritance
Процедура принятия наследстваAbout unpleasant surprises it is better to foreknow and be prepared that then it was possible to be delighted sincerely. The inheritance can become one of such surprises. I suggest readers of to deal with that who can expect such gift and as it is correct to accept it or to be prepared for it.
Dismissal at the initiative of the employer
Увольнение по инициативе работодателяFor anybody not a secret that relationship of the employer and the worker are regulated by the Labour Code of the Russian Federation. The code begins with definition of the purpose of its creation. From its name it becomes already clear that the labor code is necessary to govern the labor relations of the parties, to solve disputable situations, and also as much as possible to protect interests of both parties.
How to avoid deprivation of the driving license
Как избежать лишения водительских правEvery third resident of Russia has the privately owned vehicle. The car is necessary always and everywhere, not very well, for what purpose you use the favourite car. The main thing that if to take away opportunity to take the wheel, to insert a key into ignition and to go habitually at way for the road from you, you will feel the restrained.
Payment and collecting the alimony on children
Уплата и взыскание алиментов на детейOften after divorce children as lose not only love and care of the second parent, but also his material security with a chipped washing-tub lose. Also it turns out because alimentary obligations are not established in general, or the parent living separately does not pay them. The main justification the phrase "sounds why I have to pay she (he)?".
Divorce order
Порядок расторжения бракаOnce long ago I had to endure divorce. Many years later you start understanding that, getting divorced "in blind", without knowledge of laws, many mistakes were made. They are remediable and are not critical, but thanks to these mistakes, it is necessary to hark back. Therefore it would be desirable to share the got experience and overdue knowledge on this subject.
As it is correct to make and make the complaint
Как правильно составить и подать жалобуAt each person, at least once in life appears an occasion to complain in authorities. Complain of neighbors, dishonest employers, incompetent doctors, unfair sellers, etc. Weighty your proofs and arguments would not be what to receive the prompt, definite, competent reply and the solution of your problem – it is necessary to complain correctly.
Conclusion of the marriage contract
Заключение брачного договораAccording to the family code the marriage contract is an agreement between spouses or people who are going to become them, about the rights for property and duties during marriage, and also on a case of its cancellation. will not press in search of the reasons, and will talk how to warn negative consequences for itself in the future.
Obtaining license for carrying the weapon
Получение лицензии на ношение оружияIn the previous articles about self-defense of considered some samples, available to protection, and found out that for acquisition of stun guns and gas sprays it is enough only existence of majority while for purchase of the traumatic weapon it is necessary also the special license.
How to receive normal insurance payment
Как получить нормальную страховую выплатуThis question is asked to itself(himself) by everyone who plans to address to insurance company. Cases when people try "to agree" or find mutual friends are not rare. Whether it is possible to receive actually normal payment, without using thus the additional efforts? Or nevertheless it is necessary to make secure and take some actions? Let's begin with the beginning.
How to save at insurance
Как сэкономить при страхованииPeople sought to receive more at all times, having paid less. It is especially sharply shown in our crisis time when each ruble on the account, and all seek to cut down the expenses. And whether it is possible to save on insurance? And not by refusal of an insurance as that, and by reduction of an insurance premium? As to make it, read in this article.
Whether insurance on the COMPREHENSIVE INSURANCE is necessary
Нужно ли страхование по КАСКОOn a question, whether all need and to everyone insurance of the car on the COMPREHENSIVE INSURANCE, it is impossible to answer unambiguously: "Yes" or "No"! But anyway this question can arise at all car owners. For this reason suggests to deal with, when and why insurance of your vehicle is necessary and when it is possible and to do without it.
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