Brief review of the revisions of legislation for the period from december 29, 2018 to january 14, 2019

15 january 2019

Tax Law

Russian Post became entitled to collect duties remotely for the goods from foreign online stores

A pilot project to collect duties will start on January 9. It is currently unknown to which retailers these innovations are supposed to be applied. However, the representatives of the Russian Post hope that soon all major market players will join the project. 

The duty will be paid automatically when paying for the order on the website of the online store. The Russian Post will submit to the Federal Customs Service all personal data of the customer and other information on each international mail including weight and price of the goods purchased by the customer within a month. 

The experts fear that these innovations will lead to the monopolization of the international delivery market by the Russian Post as well as to the reduction of quality and speed of the delivery.

Family Law

Adoption rules are going to be tightened

The Ministry of Education has drafted a bill that prohibits the adoption of more than one child per year. The exception applies only to the brothers and sisters. In the opinion of the deputies, such restrictions will simplify the process of adaptation of the child to a new family as well as reduce the risk of his or her return to the orphanage. Futhermore, the document prohibits adoptive parents from changing the place of the residence of the child at their discretion. It will be only possible to move after checking the living conditions of a new place by the child protection authority. 

The bill provides for the mandatory psychological examination of each potential guardian and adoptive parent to clarify the “motivation of the candidates” for the child protection authorities.
One of the most important changes is the lifting of the ban on adoption of the children by the persons with HIV and Hepatitis C. It will be possible to adopt a child if the court will find that it meets the interests of the child. 

The new law shall become effective on January 1, 2021.

Civil Law

The details from the unified register of the Civil Status Registry Office will be available in electronic form

The Government of the Russian Federation adopted the decree allowing the citizens to obtain information about themselves and their minor children from the unified register of the Civil Status Registry Office in electronic form. In addition to the citizens, Federal Tax Service of Russia, Ministry of the Interior of Russia, Social Insurance Fund of Russia, Pension Fund of Russia and some other public authorities have this right. 

The information will be submitted to the citizens at the request via the unified or local portals of the public services within one working day from the date of receipt of the request. The reply to the request will be available at the personal account.

The courts will be able to eliminate taxi aggregators for frequent accidents

The decree of the Government of the Russian Federation that allows Rospoterbnadzor (Federal Supervision Agency for Customer Protection and Human Welfare) to supervise the activity of the online taxi aggregators came into force on January 1. Now such companies can request information and documentation on consumer protection issues and carry out on-site control in the office of the online aggregator. 

Previously, in conflict situations the aggregators referred to the fact that they are not responsible for the quality of the trip as they are the intermediaries between the taxi company and the passenger.
However, in June 2018 the Plenum of the Supreme Court of the Russian Federation noted the fallacy of this position in its decree: “The person to whom the client applies for the execution of the passenger and baggage transportation agreement shall be liable to the passenger for damage caused during the transportation, if it has executed the transportation agreement on its own behalf, or if in view of the circumstances of agreement execution (for example, commercial signs, information on websites, correspondence of the parties upon execution of the agreement etc.) a conscientious consumer could decide that the transportation agreement is executed directly with this person, and that the actual carrier is its employee or a third person engaged in the performance of transportation obligations”.
It means that if a service is provided on behalf of the company where the consumer ordered a taxi, then this company shall be responsible for the transportation quality including the cleanness of the vehicle's interior. The passenger has the right to claim compensation from the company in case of damage to his or her clothing. 

In addition, Rospotrebnadzor is now entitled to issue the orders to stop violations of consumer rights as well as to apply for the elimination of the online taxi aggregator for repeated (2 or more episodes within 1 calendar year) or gross (caused death or mass diseases, intoxications of people) violations of consumer rights.

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