What comes into force on January 1
Well, here it is, 2022 As usual, we studied the laws passed by the parliament and signed by the president, which will come into force in Russia in the new year from January 1.
Photo: AGN” Moscow “
Compared to last year, this time, I must say, it will not be a lot with innovations in January. The Duma was elected in September, began to work only in mid-October, the legislative flywheel has not yet developed at full capacity.
But something is in the bag of Santa Claus, whose wishes, as it turned out, are made by Vladimir Putin himself. there is also for us. For some of us at least.
For those who buy apartments and who cannot obtain alimony, for drivers and fans of driving with the breeze, for those who live on YouTube or Instagram and think that it has always been and always will be … And for those who want to build muscle in the fitness center just in case … And also for those who, in despair, do not know where to turn for help – they do not know who to call so that they can hear.
We are all not small and have known for a long time that Santa Claus has not only gifts in his bag but also “gifts”. We know that sometimes what is a gift and joy to someone is quite the opposite. But it's always better to know than to get stuck out of ignorance or not use a good opportunity that you, it turns out, had …
recklessly “: new article of the Criminal Code
After the New Year holidays, the law, which was hastily adopted by the parliament in two days at the very end of the session, will come into force, which journalists called the law on “golden reckless drivers”, and the essence of which can be expressed by paraphrasing the well-known words from the movie “Beware of the car!”
A new article appears in the Criminal Code. If you exceeded the speed by more than 60 km per hour or drove into the oncoming lane, got caught, were punished with a fine, then again during the year you got caught on the same one and lost your license, but still got behind the wheel and again the speed is very strong exceeded or went to the “oncoming lane”, and again got caught – they will start a criminal case, which can result in either a fine of 200-300 thousand, or compulsory or compulsory labor, and if the judge is very angry, then imprisonment for up to 2 years. Moreover, even the lightest of these punishments, that is, a fine, will necessarily be accompanied by a three-year ban on occupying certain positions or on certain activities.
But if your head is not at all right and, even being convicted under the new article of the Criminal Code, you still get behind the wheel, again find yourself in the “oncoming lane” or greatly exceed the speed – there is another conviction ahead, a fine of 300-500 thousand rubles, and in the worst case, up to 3 years in a colony. With a ban on the profession for 6 years.
An important nuance: if by all indications you are, consider, a criminal, but with a repeated violation (the third, fifth, tenth – all the same, from the point of view of the law it is considered “repeated”) and already without a license you were caught not by a living traffic police inspector, but only on a video camera – get off with a fine of 5 thousand rubles. “There are many questions with photo-video recording, and until we put things in order with the placement of cameras, the mode of their operation, we will not extend the Criminal Code to these cases, even if these are systemic violations,” said Dmitry Vyatkin, one of the authors of the draft law in the State Duma meeting room (“EP “). “We received data that more than half of the drivers drive by proxy, and if it is a photo or video without specifics (that is, without understanding who exactly is driving -“ MK ”.), Innocent people will suffer,” explained the first Deputy Head of the Duma Committee on State Construction and Legislation Irina Pankina (“United Russia”). Innocent – that is, car owners who did not violate traffic rules, simply lent the car to an idiot.
Honestly, given the wording of the crime, a reasonable question arises: will at least one culprit suffer from the new article of the Criminal Code.
In 2020 (there is still no complete data for 2021), about 500 thousand people were administratively punished for serious speeding, of which about 200 thousand, that is, 40%, became repeat offenders, but only 243 lost their rights. And for going to the oncoming lane, out of almost 600 thousand punished, about 6 thousand were repeatedly caught, that is, 10%, and only 45 were deprived of their rights. Moreover, statistics, like the law, do not make a difference between the second, third and hundredth similar violation during the year …
The deputies who voted “for” hope that there will be few people prosecuted under the new article. “Isolated cases”. And the prospect of becoming a criminal for recklessness, even if it did not lead to serious consequences such as harm to someone's health or death, will stop most of the violators.
Cancel technical inspection
A rare case, but this time it is prepared for the wide masses of motorists and “gingerbread”! After years of resistance, the authorities finally admitted that they were not in a position to make the mandatory technical inspection, which is mandatory for everyone, meaningful and less corrupt. The law, adopted at the very end of the autumn session by the parliament, from January 1, 2022, canceled this procedure for cars of any age, provided that they belong to individuals and are not used by them for official and commercial purposes (for private transportation, for example). But in a number of cases, mandatory technical inspection will still remain: when the car is registered with the state, when the owner changes, that is, when a car is sold or donated over 4 years old, as well as when the design of the car is changed or its main component is replaced. It is impossible to fine motorists for the lack of a diagnostic card, but in certain cases the traffic police inspector has the right to send him for inspection – for example, if a car has an obvious technical malfunction that threatens traffic safety.
The headlights do not work, for example.
Penalty for failure to pay alimony
The hard-core alimony workers have a couple of weeks left to decide on a further strategy of behavior. Two laws come into force at once, which can seriously increase the number of persons prosecuted for persistent refusal to fulfill their obligations.
When the word “alimony” is pronounced, the classic image of a father who does not want to pay the costs of raising a child left after a divorce from his mother immediately arises. But both the Constitution and Russian legislation equalize parents and children in their rights and obligations: as parents are obliged to support their minor children, so adult able-bodied children are obliged to support their disabled parents.
As for children, now, according to the general rules, for one minor, or adult, but disabled child, a parent must pay 25% of their income, two – a third, three or more – half. Income is not salary. But a criminal record threatens only those who have previously been punished for evading the payment of alimony in the administrative order (the Administrative Code promises up to 150 hours of compulsory work or arrest for 10-15 days for this). If the citizen does not improve within a year, then there is article 157 of the Criminal Code, promising correctional or forced labor, or even up to a year in a colony.
So, now the general rules do not change, administrative and criminal penalties are not toughened. But a small but very important clarification is introduced into the Administrative Code and the Criminal Code: it will not be a malicious non-payment of alimony in general, but a malicious failure to pay alimony in full, that is, exactly in the amount prescribed by the court or stipulated in the notarial agreement of the parties. If the alimony has changed his mind and paid off the debt in full, there will be no case.
Without this clarification, it is impossible to ensure uniform application of the articles of the Administrative Offenses Code and the Criminal Code throughout the country, Deputy Minister of Justice Andrei Loginov said in the State Duma. And in the package of accompanying documents to the bills, examples were given when a citizen-father, with a debt of more than 300 thousand rubles, repaid 1,500 rubles a month, was recognized by the court as fulfilling its obligations and avoided not only criminal, but also administrative liability.
The government proposed to clarify the Administrative Offenses Code and the Criminal Code on behalf of President Putin.
Photo: Lilia Sharlovskaya < p>Statistics show that 40% of those brought to administrative responsibility for unwillingness to pay alimony pay off the debt “in part or in full”, because they do not want to get a criminal record. But “partial” repayment, as we can see, will no longer be the basis for solving the problem! This means that an increase in the number of criminal cases should be expected. Moreover, last year, with a decrease in the number of those brought to justice (bailiffs could not work fully due to covid), the total amount of alimony debt in the country increased to 156 billion rubles. And, as Prosecutor General Igor Krasnov reported recently, only 19 billion …For those concerned, it makes sense to read the list of good reasons for non-execution of a court decision or agreement on a certain amount of alimony – it is listed in the Supreme Court's Resolution of April 27, 2021. A good reason, in particular, is the illness of the alimony, non-payment of wages by the employer, delay in the transfer of money by the bank, conscription service in the army, etc. Moreover, in each specific case, the judge must figure out whether the person had other opportunities to pay, whether he has savings, property, other sources of income other than salaries. The VS considers that the disagreement of the alimony holder with the terms of the agreement or the court's decision on the amount of payments cannot be considered a valid reason. And cohabitation in the same apartment of former spouses or parents and children – too. Even if the alimony went to the colony, the judges believe, it is necessary to figure out first whether he had the opportunity to work there and earn at least something, and whether he refused to work without good reason.
By the way, the government in November, by its resolution, updated the list of incomes from which alimony must be paid. And now there are unemployment benefits, and compensation for harm caused to health, and pensions, and scholarships, and payments to doctors and other health workers …
Will the alimony payers begin to pay more accurately and in full in the face of the growing threat of administrative and criminal cases? The question is, of course, an interesting one. As we already know, 60% of debtors spit on the threat of a criminal record. And the lawyer Victoria Dergunova previously drew the attention of MK to the fact that in 2020 only 6.5% of enforcement proceedings to recover alimony payments were fulfilled by debtors voluntarily, and a fifth of them do not plan to fulfill their duties even if prosecuted …
Landing or blocking for foreign IT companies
We have one more chance in the coming months to see if things will go to bad, that is, to the complete departure of Google, YouTube or Telegram from Russia: from January 1, 2022, one of the main requirements adopted six months ago, the so-called “Law on the Landing of the Internet” – on the creation of full-fledged representative offices of foreign IT-companies on the territory of the Russian Federation. The word “full-fledged” is the key word in this case.
The law covers large foreign Internet resources oriented towards Russians and working in Russian or the languages of the peoples of the Russian Federation, which are visited daily by at least 500 thousand users. All of them, in fact, a few months ago had to host an electronic form for interacting with citizens and public organizations and register a personal account on the Roskomnadzor website for interacting with the authorities of the Russian Federation. And now it's time to cut the ribbons on the doors of official branches or subsidiaries …
For those who do not want to obey, a number of “coercive measures” have been invented. First, Russian users of the resource will be notified that this social network or Internet site violates the laws of the Russian Federation. Do not frighten – they will introduce a ban on the distribution of advertising about this resource from Russian advertisers, and then they will also ban the placement of advertising on it. Further, as it grows, the following may follow: restriction of money transfers to this resource from the territory of the Russian Federation, a ban on search results, a ban on the collection and cross-border transfer of personal data, and, finally, traffic slowdown and blocking.
When the law was adopted, they said that about 20 foreign Internet resources would fall under the new rules, among them YouTube, Facebook, Twitter, Telegram, which are popular among Russians, and large trading platforms AliExpress and Amazon. To the question “what will happen if they refuse to fulfill the requirements, will the authors, United Russia MPs and Senator Alexei Pushkov leave Russia,” they answered that no one demands anything extraordinary from IT giants, that only Google and Facebook have earned in Russia. less than 100 billion rubles in 2020 and they will hardly want to give up such a market just like that, and in general – they also said at first in Turkey that they would not create branches, but they have created and are working …
It has not yet been possible to create Russian counterparts seriously competing with some of the foreign resources obliged to “land” (with YouTube, for example).
It is impossible to predict what will happen after January 10, when Russia leaves the long New Year holidays.
The head of the Duma Committee on Information Policy, Information Technology and Communications, Alexander Khinshtein (“ER”), in the last days before the New Year, told reporters that the implementation of this law in parliament was “very careful” and supported the position of Roskomnadzor, which some time ago said, that he does not intend directly from January 1 to formally begin to demand compliance with all the norms of this law and apply sanctions. “The main task is to achieve the establishment of a dialogue, the next year will be decisive in this sense,” and coercive measures will be applied only if “we are not understood and our demands are ignored,” explained Mr. Khinshtein, noting that President Putin spoke about the same at the final press conference. “We understand that the basis of their expansion is not a political, but an economic reason, they are interested in the Russian market, it is developing rapidly,” the deputy said. He hopes that in January the first representatives of this business will start registering their full-fledged representative offices in Russia “and thereby set an example for others.”
Internet ombudsman Dmitry Marinichev in a conversation with MK admitted that he also cannot yet boast of information about the readiness of foreign IT giants to comply with the law on “landing”. But he believes that they will still begin to perform it, although not directly from January 1. “Companies that fall under the requirements of this law are most often law-abiding and public. But questions of the practical application of the law still remain, and I think we will probably soon see some coercion from the state and explanatory work,” he said.
During the spring session, the relevant Duma committee plans to hold an expanded meeting devoted to the implementation of the law “on landing”, with the invitation of representatives of all large foreign Internet companies operating in Russia.
Extrajudicial blocking on the Internet
In early January, another of a long list of laws will come into force on a significant expansion of the grounds for extrajudicial blocking of all kinds of information on the Internet, which the state considers especially dangerous.
This initiative was submitted to the State Duma back in July 2020 by deputies from all Duma factions of the previous convocation (United Russia, the Communist Party of the Russian Federation, the SR and the Liberal Democratic Party) – members of the Commission for Combating Foreign Interference. The explanatory note stated that “the commission established numerous facts” (how many were not specified) of the dissemination of information by foreign states on the Russian Internet, justifying or justifying terrorism and extremism in general. Russian law at that time allowed, without any trial, at the initiative of the Prosecutor General or his deputy, who responded to a signal from some department, organization or vigilant citizens, to promptly block information with “calls for extremism.” If you wanted to block any “justification” or “substantiation” of extremism, you had to go to court with a claim to include this information in the list of extremist materials prohibited for distribution on the territory of the Russian Federation, the procedure took at least two months …
In general, the already long list of information, access to which can be blocked without bothering with courts and all sorts of public procedures, at first they wanted to supplement with “information containing justification and (or) justification for the implementation of extremist activities.”
The first reading of the bill passed in March last year, and then lay quietly until December, when they remembered about it and quickly adopted it in the second and third readings. Moreover, in the process of revision, the list of information subject to extrajudicial blocking has expanded significantly!
Now, if desired, “false reports of acts of terrorism” and “proposals to acquire a forged document granting rights or dismissing obligations” will also be blocked for one or two times. And any materials from any organization recognized as extremist in Russia – investigations by the FBK, for example.
Representatives of the relevant Committee on Information Policy, Information Technology and Communications of the colleague talked to colleagues about the relevance and importance of the new norms. The fact that now on the Internet in large quantities fake passports, driving license, military cards are offered for sale, as well as all sorts of “covid-certificates”, “quar-codes” and fake results of PCR analyzes, and “speed in making decisions about blocking in such cases it is very important “(Sergei Boyarsky,” ER “).
Stanislav Seleznev, a lawyer and senior partner of the Network Freedoms project, told MK that the drastic expansion of powers on extrajudicial blocking, together with the various interpretations of “justifying extremist activities,” would allow the prosecutor’s office to “thoroughly cleanse Runet” of posts containing references to corruption investigations. criticism of the electoral process or the work of power structures and officials, from calls for participation in public actions not sanctioned or initiated by the authorities. “We can safely expect blocking of hundreds of thousands of publications. At the same time, there are no technologies for blocking posts, videos, pictures inside foreign social networks without blocking all networks, except for the launch of ALL Internet traffic through TSPU, which will critically reduce the level of Internet accessibility in the country, ”the expert draws attention.
TSPU (technical means of countering threats) is a software and hardware complex that allows you to restrict access to information, the dissemination of which is prohibited in Russia. A centralized “jammer” of a kind, the creation and use of which in Russia is legalized by the law on the “sovereign Internet”, which entered into force in the fall of 2019.
As for offers to buy fake documents, Mr. Seleznev believes that “the speed of work of the prosecutor’s office with fake certificates will certainly increase, because earlier such blockings took place in a judicial, indeed longer order.”
In recent months, we have seen more and more how the Russian authorities can encourage foreign social networks and resources to remove information prohibited from disseminating in the country. Quite recently, a bailiff of one of the capital's district courts, for example, for the first time issued a fine to Google as a percentage of turnover – it turned out to be 7.22 billion rubles. But the story isn't over yet.
No spoofing: phone companies will pay for scammers
In 2020, more than 150 billion rubles were stolen from Russians by telephone scammers. One of the most popular misleading methods is the use of spoofed numbers. A citizen sees on the screen the mobile number of a Russian (for example, Moscow) phone with a code of 499 or 495, or the code of a Russian mobile operator, answers, but in fact speaks with a foreign number, which is hidden with the help of various kinds of technologies. Fraudsters call a citizen by his first name and patronymic, introduce themselves to the security service of his native bank … Tens of thousands of such replacement numbers are already known in every major Russian bank.
And in early January 2022, a law will come into force that will allow to bring to administrative responsibility telecom operators who let unidentified calls from fraudsters pass to subscribers.
In fact, a bill that would allow officials, individual entrepreneurs and legal entities to be fined for this was introduced to the State Duma back in 2017 by a group of United Russia senators and deputies. His fate was not easy. Even before the first reading, the text was rewritten several times, the fines proposed by the authors were at first considered disproportionate to the severity of the violation, overstated …
But telephone fraud gained momentum from year to year, during the pandemic it was an avalanche, and now crimes of this kind make up a quarter of the total number of crimes. A few months ago, a law was passed requiring telecom operators to transmit the caller's numbers in the original, and not substituted form, for violation of this requirement it was necessary to punish, so they remembered that old initiative, dust it off, finalized and adopted. As a result, the punishments were prescribed much more severe than originally intended. Failure by the telecom operator to transfer the subscriber number or unique identification code unchanged may result in a fine of 30 to 80 thousand rubles for an official, 200 to 500 thousand rubles for a sole proprietor, and 500 to 800 thousand rubles for a legal entity. If the operator does not block the fake numbers, it lets them into the network – for officials the fine increases to 50-100 thousand rubles, for individual entrepreneurs – up to 400-800 thousand rubles, and for legal entities – up to 600 thousand – 1 million rubles.
For each connection, note. For each missed replacement number. Mr. Khinshtein considers this law “a real step in the fight against cybercrime”, because heavy fines will make it unprofitable for operators to participate in known criminal fraudulent schemes, and they will finally begin to monitor the execution of their duties.
Difficult to say how effective the new article of the Administrative Code will be. The deputies who voted in unanimity said that telecom operators had a technical ability to distinguish a fraudulent substitute number from a real one for a long time, “they see them.”
Roskomnadzor officials have the right to draw up protocols on violations of this kind, and the courts will consider cases.
Visitors to fitness centers will be able to return part of their expenses
Since 2022, Russians have received the right to another social tax deduction: if they paid for health and fitness services out of their own pockets, bought, say, a subscription to a fitness center or a swimming pool, a course with a trainer – the state promises 13% of the funds spent for these purposes return. The deduction can be obtained not only for oneself, but also for children or underage “wards” – as it is written in the Tax Code. The main thing is that you buy these very services in a specialized institution, and there were specialists of the appropriate profile, with education. And it is also necessary that the company or individual entrepreneur where you have improved yourself is included in the special register of the Ministry of Sports, which will be reviewed annually until December 1.
The Ministry of Sports has already prepared such a register for this year – it can be found on the website of this department. There are 3836 organizations in it. “Thanks to the social tax deduction, sports will become even more accessible for the population, – said the Minister of Sports Oleg Matytsin …
His lips, as they say, would be. Citizens, of course, love it when the state returns their money, you yourself know – “even a tuft of wool”, and therefore any deduction is good. But …
Expenses for health and fitness activities are the so-called. social deduction. As well as the costs of medical treatment, medicines, education, charity, and non-state pensions. The maximum amount of personal expenses from which such a deduction can be obtained is 120 thousand rubles per year (only some types of expensive treatment and training are taken into account separately). 13% of this amount – 15 600 rubles. This is the maximum that the state will return to you. For the money spent on treatment, and on physical education and health improvement, and on medications.
To receive a deduction, you must legally work, pay personal income tax and submit to the Federal Tax Service copies of the service agreement, the license of the organization that provided them (if the activity is licensed), as well as cash receipts for payment.
If you want to receive a sports deduction already in 2022 – contact the employer with confirmation of the actual costs (but taking into account all of the above). And through the Federal Tax Service it will be possible to submit documents from 2023.
A gym or trainer paid in 2021 does not give the right to a refund: the new deduction begins in 2022 and applies only to expenses incurred since the beginning of this year. You can apply for a social deduction for three years.
But the higher prices rise, the more urgent the question of the amount of social tax deduction becomes. Almost 10 years ago, when 120 thousand and 15 600 first appeared in the Tax Code, these were quite decent sums. But now … Especially if you take into account the costs of all these PCR tests, antibody tests, which Russians donated and donate in large quantities in paid clinics, medicines for coronavirus treatment, which many also had to pay from their own wallet …
< p>By the way, more about tax deductions: from January 1, simplified rules for registration of property deductions for the acquisition of real estate (apartments, rooms, houses) and for the payment of interest on mortgages came into force. It is enough to sign in the taxpayer's personal account an application for deduction, filled in in advance by the tax authorities, no need to attach any income declaration in the form of personal income tax-3, and documents confirming the fact of payment of money too – the tax authorities will receive all the data from themselves and from banks. The inspection time is reduced from 3 months to 1 month, and 15 days are given for a refund, if the right to a deduction is confirmed.
The maximum deduction amount is 260 thousand rubles, 13% of 2 million paid when buying a home. rubles.
Emergency number 112 will work throughout Russia
From January 1, 2022, a single number for calling emergency services “112” should be earned throughout Russia. On it you can call the rescuers of the Ministry of Emergency Situations, the police, an ambulance, the emergency service of the gas network and the “Anti-terror” service. Calls to citizens are promised to this number free of charge, the mobile operator is obliged to ensure the connection even with a zero or negative balance on the phone account and even in the absence of a SIM card.
When a law was adopted last year to ensure interaction between federal departments and regional dispatching offices, such a single number was in effect in 56 out of 85 regions of the country. Prime Minister Mikhail Mishustin said that in the first half of 2020, at the peak of the pandemic, the number “112” was especially in demand, and 37 million Russians asked for help with it.
We write carefully “must earn” from 1 January, because the story with this very number was very, very long.
The development of a system for providing calls to emergency services using a single number began back in 2008. In 2011, then Prime Minister Vladimir Putin signed a government decree approving the Regulation on the system for providing emergency calls to the number “112”. It said that the Ministry of Internal Affairs, the Ministry of Emergency Situations, the Ministry of Telecom and Mass Communications, the Ministry of Health, the FSB and the Ministry of Regional Development will have to ensure interaction with each other within the system. The federal budget had to pay for the creation of dispatch services, and regional and local budgets and organizations had to pay for their operation and development. Based on this Regulation, which was subsequently amended, and until now, individual regional emergency call systems have been operating.
At first, it was planned that everything would be ready on a national scale by 2012, then a new horizon was set: the end 2017 year. It didn't work out, the deadline was shifted to the end of 2018, but by that time the system was working only in 17 regions of the country. The Accounts Chamber, which then studied the situation with the implementation of the system, found out that after 2015 organizational problems and problems with funding began (it was reduced by 5.6 times), besides, the information systems of different departments turned out to be poorly compatible. In general, it was smooth on paper, but we stumbled over the ravines. As a result of that audit of the auditors of the joint venture, the president instructed the government to analyze the situation, resolve the issue with money and prepare a bill that would regulate the work of the system on a nationwide scale.
This bill became law in 2020 and determined the next day ” X “: January 1, 2022.