Your business - rightOn questions of readers the legal adviser AlbertEnikeev responds. You can send the questions in edition on e - a mail: vopros@čėč to set by phone (3472 924 - 447.
Presented kvartirumozhno to select
I officially have presented the two-room apartment to the extended family, and then have very strongly regretted obetom, after all he thirsts now to get rid of me. Tell, a leah I can as - nibud to cancel this donation?
Dmitry Karauhov, Ufa. Yes, can. According to the housing code, the donator has the right to cancel donation, eslitot who has received a gift (endowed), has made attempt at his life, life somebody from its relatives or umyshlennoprichinil to the donator physical injuries. (By the way if the endowed deprives dariteljazhizni, the right demand donation cancellation its fellow-heirs) can to use. Also the donator can cancel donation if the endowed is inaccurately converted with the gift ilisozdaet threat of its loss in a judicial order. Pay attention that the donator imeetpravo at any moment to refuse to pass the property if already after the contract conclusion its state of health, property or marital status have changed so that donation sushchestvennouhudshit his life level.
how to calculate the alimony?
At me two children from predydushchegobraka. Since August, 2003 I did not pay on them the alimony, as not mogustroitsja for work. How I should extinguish now debts - on starojili under the new salary? A leah I should pay any additional sums from - for payment delays?
Michael Zubov, Ufa.
if the alimony was not kept on vinelitsa which is obliged them to pay, tovzyskanie is made for all periodprosrochki. If you did not work at this time, the debts under the alimony pay off, proceeding from the size of an average salary in the country at the moment of debts collecting. That is for 2003 you pay debts, starting with srednejzarplaty in 2003, and so on. By the way, poresheniju vessels your former spouse imeetpravo to receive the penalty in size odnojdesjatoj percent from the sum nevyplachennyhalimentov per every day of delay. Obetom it is told in item 113, 115 Family codes.
as correctly a tax narazvod?
Tell, please, that it is necessary to specify in the statement of claim in court about divorce?
in the statement of claim should be specified: 1) the court name in which the statement (world or regional is put in); 2) the data of the claimant, its residence; 3) dannyeotvetchika, its residence; 4) when vyvstupili in marriage, to what term proceeded family relations, a leah you have joint minor children, kogdabyli wedded relations, the divorce reasons are stopped, a leah have disputes orazdele property, about education of children; 5) the list of documents applied on the statement (the certificate on a marriage, a copy of birth certificates of children, the receipt on state duty payment, a copy iskovogozajavlenija).
How to clean vojushchujumashinu from - under windows?
What to do if the neighbour has left the car for the weekend under a window, and at neepostojanno the alarm system works? The car peeps both in the afternoon, and at night, and the neighbour is not present. Where to be converted and how to punish the guilty?
In this case it is necessary for you to be converted to your local divisional szajavleniem about attraction of yours sosedak administrative responsibility zanarushenie an using mode by automobile sound signals in settlements. The specified restrictions ustanovlenyp. 19. 10. Traffic regulations. Also by means of the divisional vysmozhete to move a vehicle or to evacuate it. Anyway, it should occur in prisutstviisotrudnikov militias and traffic police.
the chief uderzhivaetdengi from the salary!
In our shop at employees izzarplaty calculate the penalty zaprosrochennyj the goods. In the contract etone it is stipulated. At the seller from put 6000 have subtracted 2000 roubles. How much it is lawful and where to be converted?
is not provided by the Labour legislation such measure distsiplinarnogovozdejstvija, as penalty deduction zaprosrochennyj the goods as it vdogovore is not specified. It is illegal. You should be converted with the letter to a management where it is necessary to state svoitrebovanija, and also to demand vozvratauderzhannoj a salary part in polnomobeme. In default you can be converted into Labour inspection ( Ufa, B.Grazhdansky`s street, 24). Under the statement and in the presence of the sufficient bases it will be spent proverkavashego the employer in a part sobljudenijaim legislations about distsiplinarnyhvzyskanijah. Employees of inspection are proxy to punish your employer and to oblige egovyplatit to you illegally uderzhannujuzarplatu. Besides, irrespective of the decision of Labour inspection, you can be converted vsud in the location of yours magazinas by similar requirements.
the neighbour in a garden has taken away mojuchastok
the Neighbour - the chairman of a garden has occupied mojuchast with half-metre earth in width vdolvsego a site. I approached, talked. Itself the neighbour has then died, ostalasego the wife. It on - former polzuetsjamoej the earth. What to me to do?
Ulfat Giljazetdinov, Ufa.
According to ch. 2 items 76 Ground codes, autocratically occupied ground uchastkivozvrashchajutsja to their proprietors, land users, land owners, tenants of the ground areas without vozmeshchenijazatrat, made by persons, vinovnymiv infringement of the ground legislation, during illegal using etimizemelnymi sites. That is, if naetoj to the earth it has constructed something or has planted, indemnification to pay you should not. In your case it is necessary to specify, a leah is the wife of your neighbour pravopreemnitsej the husband on using the earth. Anyway, if it voluntary neustranit autocratic capture of your earth truths are necessary for achieving in a judicial order.
that will get to us prisnose at home?
Hello! Tell, please, on what I can count semjapri a house pulling down. At us dvuhkomnatnajaprivatizirovannaja apartment where are registered the husband, the wife, 2 full age son and mother of the wife.
According to the item 32 Housing codes, your house will redeem at market cost ivozmestjat to you all losses, including zapereezd and search of other apartment. But now builders more often predlagajutvzamen money already ready habitation in city boundaries. You have the right to agree with their conditions or to demand the money. And here quantity registered in apartment cheloveki turn under the new legislation of a role do not play.
the house nedostroili, and the firm was ruined
How to recognise right sobstvennostina not completed building if the enterprise - the builder is recognised by the bankrupt? Whom in this case sleduetprivlech as the respondent on deluv court?
According to item 25 of the Federal law About the state check in of the rights nanedvizhimoe property and transactions with it ¹ 122 - FZ from 21. 07. 1997, pravosobstvennosti on object nezavershennogostroitelstva it is possible to register naosnovanii documents, podtverzhdajushchihpravo the property or using the ground area under object of real estate, the building licence, the design documentation and the documents containing the description of object of not complete building. However in your case if concerning the builder bankruptcy procedure here it is necessary for you dobitsjavnesenija you in the register of requirements of creditors by giving of the corresponding statement in Arbitration court is entered. A leah
it is lawful otkljuchatkommunalnye services?
I live in apartment, where propisanamoja the mother-in-law. Earlier the rent platilaona, and has then ceased. At us the debt about 5 thousand roubles has collected. Now ZHEU wants to disconnect to us hot water and gas. Unless it is lawful?
Andrey Makarov, Ufa.
according to item 80 Rules of granting of utilities utverzhdennyhpostanovleniem the governments of the Russian Federation īņ23. 05. 2006 if you have a debt more than for 6 months, the service provider has the right to suspend or limit granting of utilities. But for a month doetogo you are obliged in writing about it to warn. More often housing sluzhbyidut towards also suggest to enter into the special agreement, allowing to liquidate a debt not a single payment, and gradually. An amount of debt divide into equal parts which you pay monthly.
Has paid off with dollars - has obtained the penalty!
Has bought from the friend phone for 3500šóįėåé. I not have paid off with roubles, adollarami. A week later telefonslomalsja, but the friend has refused to give money. I have written the application vmilitsiju. So me also have fined! A pier, dollars rasschityvatsjanelzja. Tell, it is truth?
it is valid, according to item 9 of the Federal Law ¹ 173_ŌĒ from 10. 12. 2003 On currency regulation and valjutnomkontrole currency transactions mezhdugrazhdanami are forbidden. Article 15. 25 KoAPpredusmatrivaet penal sanctions for illegal operations at the rate from three fourth till one size of the sum of illegal currency transaction, i.e. the size of the penalty can be equal to the purchase sum.
where a tax in a vessel divorce?
After quarrel of the spouse has left to svoimroditeljam in the next city, having taken away ssoboj the child and the certificate on marriage check in. Most likely, she will sue for divorce. A leah can onaotnesti the petition in a place of the residence? After all to me ochentrudno will go in other city on each session.
if there are no children, the petition for divorce moves in the REGISTRY OFFICE in a marriage place of registration. If there is a child, but spouses do not argue, skem it remains, you should be converted vrajonnyj world court (besides on mesturegistratsii). And only if you argue, skem there will be a child, it is necessary to you pisatzajavlenie in court of law. According to item 29 of Grazhdansko - protsessualnogokodeksa the Russian Federation, claims about divorce can be shown also in court in a residence of the claimant when with it there lives the minor. Or if on a state of health of the claimant to leave to a place zhitelstvaotvetchika it is inconvenient. As together with your spouse now there lives the minor child, the law gives to it such preferential a mode - to put in the statement in a residence in other city.
It is necessary to pay the credit for the friend?
One year ago the friend has asked to take zanego the credit for purchase nedeshevogoholodilnika. At one time dengiotdaval it is serviceable, and then was gone. I can not find it till now. Any people from bank at first called, politely asked to extinguish debts. And now here nachalizvonit any boors with prjamymiugrozami. As soon there will be a friend, do not know. Leah it is possible to avoid payments under the credit or at least to tighten them while the friend will not be a little? What it is necessary for it to make?
unfortunately, in practice often it is necessary to face such facts of a deceit from outside friends . On a broader scale - that, it is called swindle . And you can be converted with the statement into militia which will help to find the friend and to establish the fact peredachideneg. If you know, where it is, and you have a document confirming transfer of money, you can directly be converted into court. Novam all the same it is necessary vyplachivatkredit in full with all percent added on it.
what taxes platitza apartment?
Within this year it is supposed to sell one apartment and to buy another with surcharge. Stoimostprodavaemoj apartment essentially above 1 million roubles. What taxes it will be necessary to pay?
you are obliged to pay the tax on dohodyi have the right to use property tax deductions (at sale: if apartment vsobstvennosti more than three years - a tax deduction with all the sum, if less - from 1 million rbl.; at purchase nalogovymvychetom it is possible to use 1 razv lives, under your discretion). A leah
Will call in armijus two children?
We with the wife nurture the small child and would like to get the second, but here a problem: since March, 1st, 2008 at us in the country have cancelled the most part of delays otarmii. I would not want, that the spouse remained one with two children. A leah so will call me when the second child will be born?
Change in the Legislation on military service and a military appeal nekosnulis a case, when at prizyvnikaimeetsja two children. Therefore, soglasnop. G p.1. Item 24 Federal ēąźīķą53 - fz from March, 28th, 1998 To Ovoinsky duty and military service you can receive a delay otprizyva on valid voennujusluzhbu.