The authorized under the President of Russia to protect the rights of entrepreneurs Boris Titov decided to tell the President of the country to Vladimir Putin about the “catastrophic” situation in which the National Business could get, which would affect the entire economy. About this with reference to the report, to submit which is planned at the end of May, writes RBC.
According to the Ombudsman, the law enforcement in Russia in cases against the companies about real estate is replete with manipulations. They lead to withdrawal from entrepreneurs of expensive assets, that is, the expropriation of property is underway.
In particular, Titov indicates that as a general rule, the limitation period is three years from the day, when the person should have led to a violation of his right, as well as who should make complaints. In practice, local administrations are often achieved in the courts that the limitation period is not subject to use.
Similar problem and with the qualifications of buildings built until 1995 (entry into force of the first civil code), as unauthorized buildings. The Presidium of the Supreme Arbitration Court, abolished in 2014, previously supported the arguments about the impossibility of applying the term “unauthorized construction” to the building built until 1995. But recently the courts have ceased to take into account this position. According to Titov, taking into account the number of buildings built during this period and used by the business, the problem may become unmanaged.
Separately, the Ombudsman mentions the cadastral value problem. It, despite the reform of 2017, continues to be unreasonable, and small and medium-sized businesses are forced to pay inappropriate taxes. If the company wants to challenge an assessment, the court costs fall on its account, since the court treats a positive decision as “tax benefit.”
Previously, Titov compared budget spending during a pandemic with a “leaky breathe”. He stated that it was not the amount of budget investments, but what exactly was spent money. The current situation, according to him, creates conditions not for development, but for preservation.