We destroy myths
We destroy myths
Information in the media against the background of quarantine, consultations of trainees in courts and tax, wrong actions of clients, what are the myths and what is it really?
Courts are closed and do not work. – Courts continue to operate, hearing dates are set, claims are accepted by mail or by mailbox, but now they are most often either postponed due to impossibility to hold citizens in the courtroom, or if possible considered in written proceedings or by videoconference. Also ZU 40540-IX from 30.03.2020. the possibility to be present at the court hearing by video conference is not provided in the courtroom, but with the help of your own computer, and such a practice is already available.
Only entrepreneurs who have chosen the simplified taxation system of the 1st and 2nd groups are exempt from paying SSC. – Law №2464-VI of March 18, 2020, established a temporary exemption from accrual, calculation and payment of a single contribution to persons, regardless of the selected group, in terms of amounts for the periods from 1 to 31 March and from 1 to 30 April 2020 for themselves . Therefore, there are no restrictions for entrepreneurs of the 3rd group, and such entrepreneurs are exempt from paying SDRs for these periods.
Violation of the rules of quarantine and lighting fires in the park or near the house is a violation of the rules of improvement of the city of Kyiv, which according to the Mayor of Kyiv entails a fine of UAH 1,700. up to 3400 hryvnias. – Not at all, according to Art. 44-3 of the Code of Administrative Offenses for violation of quarantine rules provides for liability of 17,000 UAH. up to UAH 34,000 As an example, on April 1, 2020, a man who was in a grocery store without a mask was brought to administrative responsibility by the Zarichny District Court of Sumy for violating quarantine rules and fined UAH 17,000. Case №: 591/1906/20.
All Taxpayer Service Centers, Administrative Service Centers, MIA Service Centers do not work. – Currently, most services can be obtained online under simplified procedures on the websites of the relevant authorities. In particular, on the website of the House of Justice, the Ministry of Internal Affairs, the Electronic Cabinet of the taxpayer, “ACTION”, and by submitting applications to the e-mail boxes of the relevant ministries. However, each body has defined an exhaustive list of services that should be provided to the population even during the quarantine period.
If you take a certificate of force majeure, it releases the party who refers to them in general (for example, from the rent). – No, according to Art. 617 of the CCU and Art. 218 of the Civil Code, the presence of force majeure exempts only from liability for breach of obligations, but in any case, the obligations are subject to full performance after the expiration of force majeure. Therefore, even if there is a certificate from the CCI, the parties are not released from their obligations, unless otherwise provided by contract.
Release of employees during quarantine entails criminal liability – Indeed under Art. 172 CCU. There is a fine of UAH 34,000. up to UAH 51,000 for gross violation of the Labor Code by the employer, but can be dismissed in other ways: at the free will of the employee; expiration of the employment agreement (contract). Therefore, both in quarantine and without it, the norms of the Labor Code have not changed, except for the absence of absenteeism as a good reason, and as a consequence of dismissal it may be grounds for unscheduled inspection by state supervision (control) for violations of labor legislation after quarantine.
After taking all possible measures to prevent the spread of viral infection, law enforcement agencies continue to work without de facto changes, and as a result, have the right to conduct investigative actions and abuse the “simplified procedure for finding officials in homes” – This news is true, now and really boom »Searches in the apartments of officials of enterprises in order to prove the offenses committed by officials of enterprises against the state, moreover, most searches are carried out without protection against the virus, which may be grounds for preventing a search of the apartment.