Note to the employee and the employer - what is the time frame for payment upon dismissal? Nuances for different situations

Registering a vehicle with the traffic police: how long can you not register a car?

The deadline for registering a vehicle after purchase or another method of acquisition is established by Order of the Ministry of Internal Affairs of the Russian Federation dated June 26, 2021 N 399 “On approval of the Rules for state registration of motor vehicles and trailers for them in the State Traffic Safety Inspectorate of the Ministry of Internal Affairs of the Russian Federation, a sample form of a certificate of vehicle registration and recognition as invalid regulatory legal acts of the Ministry of Internal Affairs of Russia and certain provisions of regulatory legal acts of the Ministry of Internal Affairs of Russia."

How many days are given to register a car and what order indicates the time for registering a vehicle with the traffic police? According to clause 6 p.1 of the above order, after purchasing a vehicle, the car owner is obliged to register it within 10 days . This period is counted from the date of transfer of ownership rights (usually it coincides with the date of signing the purchase and sale agreement), about which a corresponding note is made in the vehicle passport.

You can use the vehicle immediately after purchase, but after the end of the established period you will be held liable for violating the registration deadlines. If documents are checked by traffic police officers, this offense can be easily calculated from the entry in the PTS.

How long does temporary registration take?

The registration process is based on Articles 683 and 685 of the Civil Code of the Russian Federation. On the basis of Federal Law No. 5242-1, a person who arrives at a place of non-permanent residence is required to register in the shortest possible period, provided that the citizen will stay at the designated point for more than 3 months.

How long is temporary registration given and how long is it valid?

The most important question that arises for a person collecting documentation for temporary registration in Russia is related to the timing. People who don't know the laws often worry that the account may only be valid for a few months and then will no longer be valid.

This is interesting: Deregistration at the place of residence: grounds, deadlines for registration, registration authorities

The temporary residence address is valid for the period of stay at the selected location. The law does not provide for a minimum period of temporary registration for citizens of the Russian Federation. Therefore, you can make a temporary registration for 30 days. As a rule, such registration is carried out when checking into a hotel or medical facility, or other similar places. Special employees of institutions are responsible for this procedure.

However, the minimum period is 6 months, and the maximum period of temporary registration at the place of residence is 5 years. Under no circumstances will it be possible to register for a longer period of time, so upon completion you will have to go through this procedure again in order to thus extend the temporary registration.

Responsibility for violations of the rules: how much do you have to pay if you didn’t register on time?

Responsibility for failure to comply with the vehicle registration deadline is established by the Code of the Russian Federation on Administrative Offenses in Part 1 of Article 19.22. What will be the fines for late registration of a car, namely if the vehicle has not been registered for more than 10 days? A car owner who has not registered a vehicle on time, even if he does not participate in road traffic, if the car is not registered, will face a fine for violating the rules of state registration of vehicles in the amount of:

• for individuals, the fine for registering a vehicle later than 10 days is 1500-2000 rubles;
• for officials – 2000-3500 rubles;
• for organizations – 5000-10000 rubles.

For driving an unregistered car, if the vehicle is not registered, the driver also faces an administrative penalty in the form of a fine. The amount of the fine is specified in Art. 12.1 of the Administrative Code and amounts to 500-800 rubles.

In what cases does liability for overdue time increase?

The fines will be significantly higher if late registration is repeated. A car owner who, after being held administratively liable for violating the terms of vehicle registration, still does not register his car, will pay a fine of 5,000 rubles or will lose his driver’s license for a period of 1 to 3 months (according to clause 1.1 of Article 12.1 of the Code of Administrative Offenses of the Russian Federation). The same punishment awaits a driver who is repeatedly charged with driving an unregistered car.

Deadlines for preparing documents for tax requirements

The taxpayer is obliged to submit documents within the time limits established by Art. 88 and 93 of the Tax Code of the Russian Federation. Typically this period is 5 working days from the date of receipt of the order from the Federal Tax Service. For example, if the request was received on 12/21/20 (Monday), then the countdown of five working days will begin on Tuesday 12/22/20, and the last day in this case is 12/28/20. During this period, all copies should be prepared and submitted to the Federal Tax Service in person, via telecommunication channels or by Russian Post.

If the Federal Tax Service requires justification for a particular amount in the declaration, it should be taken into account that the deadline for responding to a request for explanations is five working days. During this period, the taxpayer is required to submit a letter explaining the amounts indicated in the reporting, or submit an updated declaration.

If the Federal Tax Service conducts a counter-audit in order to clarify the legality of the VAT refund, then at the same period copies of the documents specified in the order should be submitted. To do this, it is not necessary to go to the inspection: the Tax Code of the Russian Federation provides for the possibility of submitting a response in electronic form (clause 2 of Article 93 of the Tax Code of the Russian Federation).

For requests received as part of a tax audit, a response must be prepared within 10 working days. Such audits are usually carried out on income tax or insurance premiums.

Please note the response times for various types of checks:

Which days are counted – 10 working days or calendar days?

The period given for registering a car is calculated in calendar days, excluding weekends and holidays. This somewhat complicates the task of timely registration of the car, and if you purchased the vehicle on the eve of the New Year or May holidays, then the situation becomes critical. But there are options to solve the problem:

1. Not all traffic police departments are closed on holidays. And since you can register a car without being tied to the place of registration of the owner, all that remains is to find a registration office with a suitable work schedule (where can you register a car?). In this case, the problem is that this schedule is not even on the official website of the traffic police, so you will have to call the departments in person.
2. According to Art. 193 of the Civil Code of the Russian Federation, if the last day of the established period falls on a weekend, then the period is extended until the first working day that follows the weekend. This working day will be the last one in order to have time to register a car without violations.

You will find more information about vehicle registration on weekends and holidays in this article.

After a divorce, how long can property be divided?

In addition to the plaintiff himself, his representative is allowed to file an application for division in court. When filing a claim, you must have identification documents and a notarized power of attorney with you.

If the plaintiff applies independently, then he has 2 ways to file a claim:

1. Personal visit to the court office.
2. Send the claim and other documents by registered mail with a list of attachments through the post office.

The first option is preferable. At least due to the fact that if there are any inaccuracies in the documents, they will be immediately pointed out during the visit.

During your visit you can file a claim:

1. To the court office.
2. Register directly with the judge. To do this, you should first familiarize yourself with the schedule of reception hours.
3. On a judicial expedition.

After filing, court specialists are given 5 working days by law to determine a decision. It could be:

1. Acceptance of the application for consideration.
2. Refusal to consider the case.
3. Return of the claim with a request to make clarifications and/or supplement it with documents.

If the claim is accepted or not accepted, the judge who will subsequently consider the case issues a ruling.

If a party has filed a claim for division in court, then in addition to the statement of claim, it must provide a package of documents (copies):

• general passports (preferably of all parties involved);
• birth certificate, if a child under 14 years of age is involved in the process;
• receipt of payment of state duty;
• documents confirming ownership of the objects that are subject to division;
• payment documents (checks, receipts, bank statements) that may affect the court decision;
• calculation of the amount to be collected. It will, of course, be rechecked and recalculated by the judge, but without it the application will not be accepted.

You can also attach any other documents if the plaintiff believes that their presence may affect the court decision.

It is permissible to divide the property of spouses in court only once. This means that if the judge made a decision on the case and the parties did not appeal it within the prescribed period according to all the rules of civil procedure, then such a decision comes into force. And accordingly, all its points are subject to strict execution by the participating parties.

But there is a small exception to the stated rule. Thus, it is allowed to file a claim for the division of property of spouses a second time if the objects specified in it were not divided during the first consideration. For example, according to the first claim, the spouses divided their existing real estate. And after a certain period of time, they decided to divide the two cars, although initially they had a verbal agreement on the rules for using them.

As practice shows, judges, when dividing property in 2021, rarely deviate from the principle of equality of shares. Only in the last 3 years have verdicts begun to appear, in making which the servants of Themis are guided by Art. 39 of the RF IC and increase the share in real estate of the spouse with whom the minor children remain. Or they reduce the share of debt obligations for such a parent.

Despite the fact that division of property is possible even after a three-year statute of limitations has passed, many lawyers do not recommend postponing the procedure for dividing joint property.

If an application in which one of the parties demands the division of property is filed after the period allotted by law for this has expired, then the decision on the case is made, in fact, at the discretion of the judge, depending on how much the other party was able to prove the circumstances that violate it the right to use or own property.

Another circumstance that complicates the procedure is the fact of alienation of property that was acquired with joint funds during the marriage. The more time has passed since the divorce, the greater the likelihood that one of the spouses could arbitrarily dispose of joint property, mistakenly believing that the absence of claims from the other party allows him to dispose of the property.

Practical recommendations

How long does it take to register a car with the traffic police? The period allotted for registering a car after purchase is quite sufficient to carry out this procedure. After all, modern legislation has greatly simplified it:

• the processing time is regulated and is 1 hour (instead of the previous 3 hours);
• You can register a vehicle at any traffic police department;
• no deregistration of the car by the previous owner is required;
• The vehicle engine number check has been abolished.

When do you need to register your car and how correctly? To register your car on time, you should:

• think through your plans and possible force majeure circumstances in advance;
• do not delay registration until the last day, it is better to contact the traffic police immediately after purchase and have some time to resolve possible issues;
• Carefully check the documents when purchasing a car to avoid difficulties with registration.

Difference between temporary registration by length of stay

Let's look at how long a temporary registration is for and how it differs.

For 30 days

If you are going to stay in another populated place other than your permanent registered address for 30 days, then registration is not required by law.

This is interesting: Fine for lack of registration or late registration at the place of residence

For 90 days

According to Law 5424-1, if the duration of stay does not exceed 90 days, then registration is not required.

For a year

You can register or renew your account for a year at the UVM upon presentation of the necessary documentation. If the procedure is not followed, a person without registration will be subject to penalties up to and including expulsion from the country.

For 3 and 5 years

The same applies to longer stays. Registration of registration is a mandatory procedure.

How to avoid late fees?

Below are ways to avoid penalties and fines for late registration. Even if you did not manage to register your car within the prescribed period, there are legal ways to avoid liability for this offense and not receive a fine for late registration of a new vehicle with the traffic police.

Provide evidence of good cause and statement to supervisor

Will there be a fine if the car remains unregistered after 10 days? There are no valid reasons for missing the 10-day period for registering a car after purchasing it. Of course, if the reasons are truly valid (sick leave, business trip, vehicle breakdown), then by providing the necessary documentary evidence, you can try to avoid punishment by filing a statement with the head of the traffic police or trying to negotiate with the employee.

The likelihood that you will be able to avoid a fine for late registration of a vehicle is very low. Most likely, no one will want to lose a bonus because of your circumstances. You can appeal the imposed penalty (or reduce its size) through the court by contacting a competent lawyer.

Wait 70 days

What should you do to avoid a fine if you didn’t register your car on time? If you still did not manage to register the car within the 10-day period, then it makes sense to wait out the statute of limitations for the offense in order to avoid a fine for not registering the car.

According to the Administrative Code, you can be held accountable in the form of a fine for late registration of a vehicle (vehicle) with the traffic police within 70 days, which are counted from the date of purchase of the vehicle. After 70 days, you can register a car without receiving a fine for not registering a car on time, since the statute of limitations for attracting has expired. Naturally, you cannot use a car during this period.

Renew the contract for a vehicle

Another way to avoid a fine for not registering a car on time is to re-sign the purchase and sale agreement. If you manage to come to an agreement with the former owner of the vehicle and re-issue the document, then you will not have any problems. It is important to check whether the date of sale was entered in the title; if so, you will have to correct it.

Receive a document stating that the car is being repaired due to technical problems

You can obtain a document confirming that all this time the vehicle was under repair due to technical problems that did not allow it to pass. If a car has not passed MOT, then it has no right to participate in road traffic. In this case , a document confirming that the vehicle is under repair for the entire period established for registration is a valid reason, but has no legal force . In such a situation, traffic police officers can accommodate the car owner and not impose a fine for missing the registration deadline, but according to the law, they are not required to do this.

Register a car by proxy without the presence of the owner

If the new owner of the car cannot, for some reason, come to the traffic police department to register the vehicle (for example, for health reasons), then another person can do this instead if he has a power of attorney. In 2021, it does not necessarily have to be certified by a notary, but it is important that it indicates the date of preparation and the powers that are transferred to the trustee.

The procedure for registering a car by a proxy is the same as in the personal presence of the owner. If 10 days have already passed, then when registering a vehicle, along with the state duty, you will have to pay a fine for violating the registration rules. Otherwise, registration of the vehicle will be denied.

Terms of property division: how much time is given after a divorce

The entire process of division of property is regulated by Articles 38 and 39 of the Family Code of the Russian Federation.

It is in Article 38, Part 1 that the division of property is permissible during the divorce process and after it. Moreover, after a divorce, the creditor of the party may initiate the allocation of the share of one of the spouses in the total amount of property.

The article points to the possibility of peaceful division of property through an agreement. Otherwise, it describes the procedure for dividing objects in the judicial body.

Article 39 specifies the rules and regulations for determining the shares of each spouse.

With the right approach to the issue, almost everything can be divided. Even if the property was purchased before marriage by a spouse or given by a relative to one of the spouses and not to the couple, it is still possible to achieve its division.

If the personal savings of the other or family income were used for reconstruction or redevelopment of the property of one of the spouses, it can be divided.

According to Art. 256 of the Civil Code of Russia, all property acquired during marriage is common.

The generally accepted norm that the husband who earns money and purchases real estate is now its sole owner, and the wife, who has been running the household all her family life, is not the inheritance, is incorrect. All the same, the funds earned by the husband are common, and therefore the objects purchased with them are also shared.

If 3 years have passed since the divorce, is the property then divided, for example, 5 years or more have elapsed? And it was during this period that the spouse received the news that during the previous marriage, expensive property was acquired, but the fact itself was hidden. The party has the right to go to court and restore the statute of limitations. To do this, a statement is drawn up addressed to the court indicating the reason for the request for restoration.

According to Art. 34 of the RF IC, all income received during the period of marriage by both spouses is also joint property.

Common property is:

• securities;
• shares;
• part in the authorized capital of companies;
• real estate and movable property;
• deposits;
• other property acquired by spouses.

Only personal items intended for personal care and clothing cannot be separated. The law of divisible objects provides the ability to divide in two ways.

If the spouses were able to go through the entire divorce process in a civilized manner and remain on good terms, they can resolve the property issue in the same peaceful way. For this purpose, a document is drawn up - a settlement agreement. It is important to indicate the essential aspects of the transaction, the shares of each spouse, and the waiver of claims to other conditions in the future. After drawing up the agreement is certified by a notary.

When drawing up a document, it is better to focus on the forms of existing samples or enlist the support of a lawyer experienced in family matters. Notarization is also required, according to Federal Law-391 of 2015. Mere written form will not have legal force.

In court, division of property occurs when the spouse completely refuses to make contact and there are controversial issues. The court will initially determine the size of the divisible property, and then hold a meeting at which it will consider the arguments and claims of each party.

If, as a result of a court decision, one party receives an object that is more expensive than its market value than its share, the court will oblige it to pay compensation to the other participant in the process.

This usually happens when the object is indivisible, for example, a car. The court will determine its owner based on the party's needs for transportation. The second spouse will receive compensation for his part.

The disadvantage of litigation is that it is not known how long it will last, so participants should be patient.

With an officially registered marriage, there are two options for getting a divorce: by mutual desire and by sole will.

Divorce is carried out either through the registry office or through the court. Where you apply depends on whether you have children together or not and other factors. Let's look at them below.

If there are no children and the wife is not pregnant, then you just need to submit an application to the civil registration department - this is a regular registry office.

Where the married couple was registered, they can also get a divorce, or at the place of registration of one of the spouses.

If there are no mutual claims regarding the division of property and both want to get a divorce, then this can be done quickly and without problems.

For documents, you will need a marriage certificate and passports of both spouses. You will need to fill out a joint application - with this you confirm your desire to separate, and after submitting the application you are given a month to reconcile.

If you do not change your mind, then after 30 days you can come for a divorce certificate. Once the certificate is issued, you are officially no longer spouses.

If one of the spouses cannot appear at the registry office

A valid reason for non-appearance must be documented. For example, this could be a long business trip or living in another city. Next, you need to take a divorce form from the registry office and fill out your part of the application, having the received document certified by a notary. After this, the second spouse can independently go to the registry office and file a petition for divorce.

According to Article 8 of the Family Code of Ukraine, the civil relations of spouses are fully equivalent to an officially registered marriage, and property, according to Article 74, is recognized as jointly acquired.

The duration of cohabitation is not important. The only thing that matters is the fact of living together and the existence of a marital relationship.

This means that after a civil marriage you have the same rights in the division of property as in an officially registered relationship.

You have full rights to half of the property that was acquired during the period of cohabitation using common funds. This rule works regardless of whether one of the spouses had income during this period or not.

You can divide everything: cars, businesses, apartments, houses, equipment, money in bank accounts. Debt obligations in the form of loans from the bank are also divided.

Everything acquired jointly during the period of living together is subject to division in half. But there are some conditions:

• First , spouses in a civil marriage must not be officially married to another person in order to divide property.
• Secondly , you need to prove in court that there was a civil marriage - you lived together and there was a marital relationship between you.

There can be a lot of evidence. From shared children and vacations to photographs and account statements. Buying gifts for each other, spending time together, mutual friends, common holidays, testimony from neighbors and relatives.

All this will make the court understand that you lived together and were one family.

For example, the wife prepared meals and did small chores around the house. At the same time, she earned 2 thousand dollars a month at work.

The husband was unemployed, went out for beer with friends, ran the family household and looked after the children. During their marriage and cohabitation, they bought an apartment, a car and a house with their wife’s money.

The husband never worked and his money was not spent on purchases. All property was registered in the name of the wife.

According to Article 57 of the Family Code of Ukraine this is:

If an apartment, car, plot, or house was purchased before marriage, then such property is considered personal property and is not subject to division during a divorce.

The second spouse has no rights to this property.

If you were given property as a gift during your marriage or you inherited something, then the second spouse also does not have the right to divide this property.

It is important that gifts are supported by a gift agreement or some evidence.

If you were given money, then the fact of transferring an amount over 850 hryvnia must be notarized. Otherwise, this money will be considered common property.

A deed of gift is often used to record property as personal.

During a divorce, they try to recognize such agreements as invalid and fictitious.

If it is proven that the sale of real estate was disguised under a gift agreement, the transaction will be recognized as fictitious and such property will be subject to division. But it can be difficult to prove in court that a transaction is fictitious.

Personal funds may appear to one of the spouses from gifts, insurance, and rewards. From the sale of an apartment that was purchased before marriage.

The spouses' salary as a result of work is not personal money. While married, all the money the family earns is common property and when property is divided, it is divided in half, even if one of the spouses did not work.

If you sold an apartment purchased before marriage, which was your personal property, for cash, then it will be very difficult to prove that the next purchase was made with this money.

Evidence may be a complete census of banknote numbers and the provision of these documents in court.

If you do not prove that the funds were personal, the purchase will be considered general. Due to the fact that it is not clear what kind of money you paid - general funds, personal funds or savings from your salary.

The fact of personal money can be confirmed by a bank account, where all payments are made in non-cash form. Then you can trace the source of the money and your purchase. If the source of money in the account was personal money, then the purchase made with the help of this money will be recognized as your personal property and will not be subject to division during a divorce.

The limitation period begins from the day when the person interested in resolving the property issue received information about the violation of rights to this property. From this moment on, the statute of limitations begins in this case. Its termination in most civil cases ends after three years .

How can property rights be violated? For example, one of the spouses has the keys to an apartment in which the second spouse has a share, and does not allow the co-owner into it. Puts up for sale a car that is common property, without taking into account the interests of the other half.

The law prescribes circumstances when the period changes up or down. An interested party in the family's property affairs can be not only the spouse, but also representatives of the judicial system, guardianship service employees and other persons.

So, if the statute of limitations has expired, then the court will accept the claim, but when considering the case, it will refuse the plaintiff on the basis of the expiration of his time.