Валерия Зеновина
Разъяснения Пленума Верховного Суда Российской Федерации о том, когда экстремистсткие репосты не могут считаться преступлениями, лишение госавтоинспекторов права снимать госномера с автомобилей при запрете на их эксплуатацию, инициативы о сохранении за лицами предпенсионного возраста права на алименты и на обязательную долю в наследстве, а также другие события, которыми запомнилась прошедшая неделя.
Предлагаем вспомнить их.
Разъяснено, когда репост экстремистских материалов не должен считаться преступлениемПленум ВС РФ считает, что экстремистский репост (видео-, аудио-, графический или текстовый материал) может считаться преступлением по ст. 282 Уголовного кодекса, только если лицо, разместившее его, осознает направленность своего деяния на нарушение основ конституционного строя, а также собирается возбудить ненависть или вражду, унизить достоинство человека или группы лиц по признакам пола, расы, национальности, языка и т. д. Кроме того, он указал, что судам следует исходить из характера и степени общественной опасности деяния, а также помнить о признаках малозначительности некоторых деяний.
Лицам предпенсионного возраста предлагается предоставить дополнительные гарантииДепутаты Госдумы считают необходимым сохранить за лицами предпенсионного возраста право на алименты по нетрудоспособности, то есть женщины смогут приобретать его с 55 лет, а мужчины – с 60. Кроме того, предлагается сохранить право на обязательную долю в наследстве для граждан того же возраста. Обе инициативы связаны с планируемым повышением пенсионного возраста и направлены на обеспечение категорий лиц, нуждающихся в особой защите со стороны государства.
Госавтоинспекторы не могут снимать госномера с автомобилей при запрете на их эксплуатациюВ соответствии с указом Президента РФ, опубликованным на этой неделе, сотрудники Госавтоинспекции по-прежнему смогут запрещать эксплуатацию транспортных средств до устранения причин, послуживших основанием для этого, но снимать государственные регистрационные знаки при этом будут уже не вправе. Тот же документ наделил их полномочиями выдавать свидетельства о соответствии транспортных средств с внесенными в их конструкцию изменениями требованиям безопасности, а также свидетельства о допуске транспортных средств к перевозке опасных грузов.
Для управляющих компаний определен перечень грубых нарушений лицензионных требованийС 26 сентября такими грубыми нарушениями будут считаться, в частности: ненадлежащее содержание систем внутреннего газового оборудования, нарушения при эксплуатации лифтов, задолженность перед ресурсоснабжающей организацией в течение двух месяцев, а также несоблюдение правил содержания имущества многоквартирного дома и предоставления коммунальных услуг, если это повлекло угрозу для жизни или здоровья жильцов. Если управляющая компания совершит такие действия повторно в течение года со дня назначения наказания за прошлое грубое нарушение, то из регионального реестра лицензий могут исключить сведения о соответствующих домах или доме.
Налоговики не обязаны сообщать о наличии переплаты налогаЕсли инспекция не уведомила налогоплательщика об имеющейся у него переплате по налогу, это не считается ни нарушением закона, ни основанием для изменения начала течения срока на возврат излишне перечисленного в бюджет налога. Такой позиции придерживаются сами налоговики, и кроме того, на их сторону встал ВС РФ. Предполагается, что обязанность по самостоятельному исчислению и уплате налога лежит на налогоплательщике, а значит, он сам должен знать о переплате.
Суд: необходимо оплачивать работнику праздники в период трудоустройства после сокращенияВ конкретном случае работодатель рассчитал уволенному в связи с сокращением работнику выплату за период трудоустройства без учета новогодних праздничных дней. Региональный суд защитил сотрудника и счел действия работодателя неправомерными. В соответствии с трудовым законодательством наличие в календарном месяце нерабочих праздничных дней не является основанием для снижения зарплаты работникам, получающим оклад (должностной оклад) (ст. 112 Трудового кодекса).
Разъяснен порядок применения вычетов по налогу на имущество физлицЕсли налог на имущество физлиц исчисляется исходя из кадастровой стоимости объектов недвижимости, то налоговые вычеты учитываются автоматически при расчете налога для всех объектов соответствующего вида. Это означает, что собственнику-налогоплательщику не нужно обращаться в налоговую инспекцию с заявлением о предоставлении льготы или иными подобными документами.
В материале использованы фотографии следующих авторов: BrunoWeltmann, Wdovich33, ia__64, mars58, johnkwan, valphoto, monkeybusiness, NOKFreelance (Depositphotos.com).
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