The national business may be at risk. Manipulation in cases against real estate companies. Rights violation. Problems with cadastral value. Protection of the rights and interests of business.
Boris Titov, Commissioner for the Protection of Entrepreneurs' Rights under the President of Russia, intends to inform President Vladimir Putin about the catastrophic situation in which the national business may find itself, RBC reports.
Titov raised the issue of manipulation in cases against real estate companies. Such manipulations lead to the seizure of valuable assets of businessmen. The Ombudsman's report will be presented to the President towards the end of May.
The Ombudsman indicates in his report that, as a rule, the limitation period is three years from the date on which the person should have become aware of the violation of his right and who should file a complaint in this regard. At the same time, in practice, local administrations often decide in court that the statute of limitations does not apply. A similar problem arises with the qualification of buildings built before 1995, that is, before the entry into force of the first part of the Civil Code of the Russian Federation, as unauthorized
The report also talks about problems with the cadastral value. Despite the 2017 reform, this is unreasonable, which is why medium and small businesses are forced to pay high taxes. If the entity intends to contest the assessment, the entity bears the legal costs as the court interprets the positive decision as a “tax benefit”.
Vitaly Vetrov, Managing Partner of Vetrov & Partners law firm, will comment on the specifics of protecting the rights of entrepreneurs.
In fact, the news is far from news and no one will be surprised by anything. Russian entrepreneurs, though, perceive the court as a place where one can try to find justice (as far as it exists at all, as such). But there is no faith in the possibility in 100 percent of cases to achieve and receive protection of their rights, to achieve the restoration of violated rights. The courts may not be perceived as a model of independence and guarantees of property rights. That is why the news itself demonstrates that the judicial system is inefficient and the consideration of cases is carried out outside the legal field, if you have to resort to administrative methods for resolving emerging conflict situations. It's sad and sad.
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