RusBankrot
We know everything about bankruptcy
20/04/2024
Saturday
THIS DAY IN HISTORY:
20 April 
1970 China excluded homosexuality from the list of mental illnesses
1970 China excluded homosexuality from the list of mental illnesses
1970 Marie and Pierre Curie received pure radium
1970 Marie and Pierre Curie received pure radium
1970 The copper money appeared in Russia instead of silver
1970 The copper money appeared in Russia instead of silver
20 April
1970 China excluded homosexuality from the list of mental illnesses
1970 China excluded homosexuality from the list of mental illnesses
1970 Marie and Pierre Curie received pure radium
1970 Marie and Pierre Curie received pure radium
1970 The copper money appeared in Russia instead of silver
1970 The copper money appeared in Russia instead of silver
Vladimir Kuznetsov: ‘Only lawyers should create legal companies’
Within the framework of the Stolypin Forum, Vladimir Kuznetsov, the Chairman of the All-Russian Trade Union of Mediators and Vice President of the Association of Lawyers and Law Firms for Registration, Liquidation, Bankruptcy and Legal Representation, told Rusbankrot about the internal problems of mediation, shortcomings in the legal framework for business and current issues related to the only housing of the debtor and the creation of legal companies by people without appropriate education.
Do you think it is necessary to introduce a law according to which only lawyers will be able to create legal companies on the territory of the Russian Federation?
V.K .: I think it is necessary. Unfortunately, today the field of legal services is one of the most fraudulent in terms of the number of those who, having neither knowledge nor experience, create companies and collect money from potential clients. They then go into hiding, replacing the participating director.
This issue needs to be solved at the legislative level. Only persons with a confirmed legal education should be able to become heads of legal companies. For founders, I think this requirement is optional. But, probably, one of the co-founders should be a lawyer.
You are the Chairman of the All-Russian Trade Union of Mediators. Do the mediators themselves have problems and how are they solved?
V.K .: Of course, mediators have problems. The main ones are the fragmentation of the mediator community and the lack of common criteria for approaching certain disputes.
As a result, in the chats where there are only mediators, the likelihood that the dispute can become personal is extremely high. It's not professional.
After the tragedy in the Kemerovo region, many deputies began to talk about the abolition of the moratorium on the death penalty for pedophiles. What do you think about this?
V.K .: The issue of the death penalty is controversial. Regardless of the severity of the crime, it must be borne in mind that the likelihood of a miscarriage of justice is too high.
If the death penalty is introduced, it can become an instrument of intimidation. Cases will be initiated on trumped-up reasons, innocent people may start dying. Now, while there is no death penalty, a person at least has a hope that he (she) will be acquitted. If there is a death penalty, the criminal not have enough time for this.
In your opinion, will the precedent on the seizure of the only home of the debtor become an established rule?
V.K .: There should be no forceful statements. It is necessary to approach this issue very carefully, and if the debtor purchased housing shortly before the introduction of the bankruptcy procedure, then of course this transaction should fall into the category of those that need special attention. It is possible that such housing may end up in the bankruptcy estate.
However, this should not be a general rule. Such issues need to be carefully considered in court. If we leave someone without a place to live in, it will become a negative element in the Russian system.
Replacing luxury housing with a more modest one is another matter. I believe that if the only housing is a house of 1000 square meters, then an apartment of 100 square meters, which can be much less expensive, will be an effective replacement. Provided that this house can really be sold, and not just taken away from the debtor.
Now the government is extending the moratorium on inspections for SMEs for 2022, is it necessary to extend the moratorium on bankruptcy?
V.K .: If the moratorium on bankruptcy continues to be extended, this will provoke some entrepreneurs to abuse. Knowing that they cannot be driven to bankruptcy, they will commit illegal transactions that will not be possible to challenge due to the fact that the company is not in bankruptcy proceedings.
Artificial regulation of certain legal relations by the state, as a rule, leads to a distortion of society. Many decisions are made in the way the authorities think, without the opinion of the real business community. Formal replies from the business community that they do not mind, unfortunately, do not reflect the real state of affairs.
What legislative changes does Russia need to improve the business situation?
V.K .: The most important thing that should be improved is confidence in property rights. For example, the situation with entrepreneurs in Rostov-on-Don. They had ownership of the objects that they put up for sale, and now this right is being taken away from them. I think that this should not be done.
The second important point that needs to be thought about is bringing the tax system of the Russian Federation to a single coordinate system. When there is a large number of tax regimes, it provokes people to violate the laws. We put entrepreneurs on an unequal basis. For example, a domestic manufacturer will be subject to a common taxation system, while those who buy Chinese shoes will remain on a simplified tax system. We put them on an unequal basis and thus undermine the economic efficiency of our own producers.
What does, for example, a business of Sergei Mironov need to become the second McDonald's?
V.K .: For this, the state can use some kind of maneuver. For example, if an entrepreneur opens an enterprise in another country, but uses raw materials exported from Russia, then there should be preferences.
What preferences? This is a matter of substantial discussion. We shouldn't give him significant tax breaks, but we can give him other benefits. For example, an entrepreneur can use state support in advertising, and this will be important. When the main costs of a business are considered, among them, there are rent, advertising, or payroll costs. If there is government support in the form of advertising for someone who really creates a lot of economic activity, it will be very good. In addition, this will support Russia's image in foreign markets and raise the real rating of business in the country.
Do you think it is necessary to introduce a law according to which only lawyers will be able to create legal companies on the territory of the Russian Federation?
V.K .: I think it is necessary. Unfortunately, today the field of legal services is one of the most fraudulent in terms of the number of those who, having neither knowledge nor experience, create companies and collect money from potential clients. They then go into hiding, replacing the participating director.
This issue needs to be solved at the legislative level. Only persons with a confirmed legal education should be able to become heads of legal companies. For founders, I think this requirement is optional. But, probably, one of the co-founders should be a lawyer.
You are the Chairman of the All-Russian Trade Union of Mediators. Do the mediators themselves have problems and how are they solved?
V.K .: Of course, mediators have problems. The main ones are the fragmentation of the mediator community and the lack of common criteria for approaching certain disputes.
As a result, in the chats where there are only mediators, the likelihood that the dispute can become personal is extremely high. It's not professional.
The task of the Trade Union of Mediators is to unite the mediation community, protect it and make mediation highly-demanded.
Nowadays, the majority of mediators only earn money from mediation training. We want mediation to be a truly effective, frequently used tool for pre-trial dispute resolution.After the tragedy in the Kemerovo region, many deputies began to talk about the abolition of the moratorium on the death penalty for pedophiles. What do you think about this?
V.K .: The issue of the death penalty is controversial. Regardless of the severity of the crime, it must be borne in mind that the likelihood of a miscarriage of justice is too high.
If the death penalty is introduced, it can become an instrument of intimidation. Cases will be initiated on trumped-up reasons, innocent people may start dying. Now, while there is no death penalty, a person at least has a hope that he (she) will be acquitted. If there is a death penalty, the criminal not have enough time for this.
In your opinion, will the precedent on the seizure of the only home of the debtor become an established rule?
V.K .: There should be no forceful statements. It is necessary to approach this issue very carefully, and if the debtor purchased housing shortly before the introduction of the bankruptcy procedure, then of course this transaction should fall into the category of those that need special attention. It is possible that such housing may end up in the bankruptcy estate.
However, this should not be a general rule. Such issues need to be carefully considered in court. If we leave someone without a place to live in, it will become a negative element in the Russian system.
Replacing luxury housing with a more modest one is another matter. I believe that if the only housing is a house of 1000 square meters, then an apartment of 100 square meters, which can be much less expensive, will be an effective replacement. Provided that this house can really be sold, and not just taken away from the debtor.
The only housing must be approached carefully
Luxurious housing should be evaluated - which housing is considered luxurious? Not from a rule that there are 18 meters per person. It is necessary to take into account either the market value of property or some other criteria. Then a replacement for a more modest housing is possible.Now the government is extending the moratorium on inspections for SMEs for 2022, is it necessary to extend the moratorium on bankruptcy?
V.K .: If the moratorium on bankruptcy continues to be extended, this will provoke some entrepreneurs to abuse. Knowing that they cannot be driven to bankruptcy, they will commit illegal transactions that will not be possible to challenge due to the fact that the company is not in bankruptcy proceedings.
Artificial regulation of certain legal relations by the state, as a rule, leads to a distortion of society. Many decisions are made in the way the authorities think, without the opinion of the real business community. Formal replies from the business community that they do not mind, unfortunately, do not reflect the real state of affairs.
What legislative changes does Russia need to improve the business situation?
V.K .: The most important thing that should be improved is confidence in property rights. For example, the situation with entrepreneurs in Rostov-on-Don. They had ownership of the objects that they put up for sale, and now this right is being taken away from them. I think that this should not be done.
The second important point that needs to be thought about is bringing the tax system of the Russian Federation to a single coordinate system. When there is a large number of tax regimes, it provokes people to violate the laws. We put entrepreneurs on an unequal basis. For example, a domestic manufacturer will be subject to a common taxation system, while those who buy Chinese shoes will remain on a simplified tax system. We put them on an unequal basis and thus undermine the economic efficiency of our own producers.
I believe that everyone should be in a common system - either everyone pays VAT, or everyone does not pay VAT.
It remains only to determine the size of the tax rate depending on the type of activity, and not on the volume of business. Now everything is done to prevent small businesses from growing. Micro-businesses rarely become small businesses, small businesses rarely become medium and medium - large. Large businesses , for some reason, practically do not export their products, because there are no conditions for that. All these obstacles prevent the business from effective growing. You need to think about this carefully.What does, for example, a business of Sergei Mironov need to become the second McDonald's?
V.K .: For this, the state can use some kind of maneuver. For example, if an entrepreneur opens an enterprise in another country, but uses raw materials exported from Russia, then there should be preferences.
What preferences? This is a matter of substantial discussion. We shouldn't give him significant tax breaks, but we can give him other benefits. For example, an entrepreneur can use state support in advertising, and this will be important. When the main costs of a business are considered, among them, there are rent, advertising, or payroll costs. If there is government support in the form of advertising for someone who really creates a lot of economic activity, it will be very good. In addition, this will support Russia's image in foreign markets and raise the real rating of business in the country.
24.09.2021
