New forms of decisions on revocation of a residence permit
From November 11, 2022 the Order of the Ministry of Internal Affairs of Russia from 12.10.2022 N 750 "On approval of the forms of decisions on annulment of temporary residence permit in the Russian Federation, temporary residence permit in the Russian Federation for the purpose of education and residence permit in the Russian Federation and procedures for their adoption" comes into force: Document.Read more
The legislator is heading for the extension of anti-crisis measures
In accordance with draft Federal Law N 222860-8, it is planned:
- to extend the rule according to which JSCs and LLCs will not be required to be liquidated or reduce the size of the authorized capital to a level not exceeding the net asset value. According to the draft, this rule will be applied to the financial results of 2022 and 2023 if the authorized capital is higher than this value.
- To extend until July 31, 2023 the rule according to which, if at least three people remain in a JSC as a result of the withdrawal of members from the board of directors, such board of directors retains its powers until the renewal of its composition, even if such composition is considered insufficient in accordance with the Law on JSC, the Articles of Association of the Company and/or the resolution of the general meeting. Resolutions of the board of directors in such a "reduced" composition will be legitimate if they are adopted with the participation of at least half of the remaining members.
The Bank of Russia gave fresh clarifications on the rights of those mobilized for credit holidays
According to the clarifications contained in Letter No. ИН-03-59/126 of the Bank of Russia dated October 21, 2022:
- A grace period can be requested not only for consumer, but also for business loans (credits), if the applicant is an individual entrepreneur.
- An application for credit holidays may be submitted not only by a mobilized or contracted person, but also by any other person if he/she has documents confirming the right to act on behalf and in the interests of the applicant. Such a document may be a power of attorney in a simple written form.
- the borrower has the right to demand the establishment of a grace period from October 24, 2022, but not earlier than the date of mobilization or the start of participation in a special military operation of a serviceman, regardless of the date of filing the relevant request (but not later than December 31, 2023), including if the lender had previously refused the borrower in granting a grace period or the grace period was found to be not established. In such a situation, provided that the borrower submits documents confirming the participation of the serviceman in a special military operation, the terms of the contract shall be subject to change from the date specified by the borrower, including in terms of the cancellation of accrued interest, penalties (fines, forfeits) and other consequences of the borrower's failure to make payments during the period from the date of commencement of the grace period before the date of application with a request for its granting (taking into account the restrictions on the maximum duration of the grace period established by the Federal Law).
if the borrower makes payments within the specified period, such payments shall be allocated by the lender to repay the borrower's obligations to repay the principal debt in accordance with the imperative requirements of the legislation of the Russian Federation
The Pension Fund has determined the procedure for notifying the PFR of the suspension and renewal of employment agreements with mobilized persons
In accordance with Decree No. 217п of the Board of the Pension Fund of the Russian Federation dated October 13, 2022, a notice of suspension and renewal of an employment agreement with an employee called up for mobilization who has entered into a contract for military service or voluntary assistance to the Armed Forces of the Russian Federation shall be submitted by filling in the appropriate items in the report on the Information about the Labor Activity of the Registered Person (SZV-TD), for which amendments have been made to resolution No. 730п of the Board of the Pension Fund dated December 25, 2019, establishing the form of the SZV-TD report. The obligation to notify the PFR of these events has been established since October 07, 2022.
Review of the judicial practice of the Supreme Court of the Russian Federation No. 2 (2022)
On October 12, 2022, the "Review of Judicial Practice of the Supreme Court of the Russian Federation No. 2 (2022)" was published, approved by the Presidium of the Supreme Court of the Russian Federation on October 12, 2022 (hereinafter referred to as the "Review").
Read more
VAT on electronic services provided by foreign companies to Russian customers
Electronic services provided by foreign companies in Russia are subject to VAT. In order to exercise tax control over such transactions, the tax legislation provides for the obligation to tax register foreign organizations that are providers of electronic services or intermediaries involved in settlements.Read more
How many foreign employees can a company hire in Russia?
Government of the Russian Federation determines the permissible share of foreign employees annually (clause 5 of Article 18.1 of Federal Law No. 115-FZ of July 25, 2002 "On the Legal Status of Foreign Citizens in the Russian Federation") to regulate the attraction of foreign labor in certain types of economic activities, taking into account regional specifics of the labor market and employment of Russian citizens as a priority. In 2023, the permissible share of foreign employees engaged in certain types of activities in the territory of the Russian Federation will be the following number in the spheres (Resolution of the Government of the Russian Federation No. 1751 dated October 03, 2022):
- Vegetable growing - 50% of the total number of employees used by economic entities (this norm does not apply to the territory of the Udmurt Republic - 0%, Primorsky Krai - 40%, Astrakhan Oblast and Volgograd Oblast);
- Forestry and logging - 50% of the total number of employees used by economic entities (this norm does not apply to the territory of Primorsky Krai - 20%);
- Wood processing and production of wood and cork products, except furniture, straw products and weaving materials - 50% of the total number of employees used by economic entities;
- Construction - 80% of the total number of employees (this norm does not apply to the Republic of Buryatia, the Amur Region, the Republic of Dagestan - 50%, the Krasnodar Territory - 50% and the city of Moscow);
- Wholesale trade in wood raw materials and unprocessed timber - 50% of the total number of employees used by economic entities;
- Wholesale trade in lumber - 50% of the total number of employees used by business entities;
- Retail trade in alcoholic beverages and tobacco products in specialized stores - 15% of the total number of employees;
- Retail trade in medicines in specialized stores (pharmacies) - 0% of the total number of employees used by economic entities;
- Retail trade in non-stationary trade facilities and markets, as well as other retail trade outside stores, tents and markets - 0% of the total number of employees used by economic entities;
- Activity of other land passenger transportation - 24% of the total number of employees (this norm does not apply to the territory of Krasnodar Krai - 0% and Primorsky Krai - 15%, to business entities operating in the territory of the Udmurt Republic according to OKVED 49.31, 49.32 - 0%);
- Cargo transportation activities - 24% (this norm does not apply to the territory of Krasnodar Krai - 0% and Primorsky Krai - 10%);
- Real estate management for remuneration or on a contractual basis, as well as building and territory maintenance activities - 70% of the total number of employees;
- Other activities in the field of sports - 25% of the total number of employees.
Separately for the Ryazan region is set the permissible share for activities in the sphere of manufacturing production - 90%. In accordance with these maximum permissible shares employers must streamline their staff until 01.01.2023.
Expansion of the prosecutor's powers in the arbitration process
From October 18, 2022, amendments to the Commercial Procedural Code of the Russian Federation will come into force, according to which the powers of the prosecutor in the arbitration process will be expanded. [1] Read more
Clarification regarding the lifting of temporary restrictions on transport communication with foreign countries
On September 29, 2022, the official website of the Russian Ministry of Internal Affairs provides explanations for the removal of temporary restrictions on transport communication with foreign countries, previously imposed to limit the spread of a new coronavirus infection:
Read more
Responsibilities of employers and guarantees for employees called up during partial mobilization
Read more