Free legal advice on property issues around the clock. Financial and property issues in the draft church document “Regulations on monasteries and monastics Types of property disputes

Do you need to consult a lawyer on property matters? Our company will not only be able to provide competent legal support, but will also do it quite quickly. The scope of our activities covers all aspects of property law.

Considering the vast experience of our lawyers, even the most difficult case can result in a win. To ask our experts for help, you need to call the numbers listed on our website.

Only from us you will receive high-quality legal advice on various issues and completely free of charge.

Our web portal employs true professionals in their field, specializing in a variety of legal aspects and providing completely free legal advice every day. As statistics show, the largest number of questions relate specifically to property law.

So, in particular, questions relating to:

• recovery of damages for damage to property;
• registration of property rights;
• challenging unconfirmed claims to property from third parties.

It is worth emphasizing that in most situations the law allows the plaintiff not only to return his property, but also to recover certain financial assets from the culprit (penalty, compensation).

But to protect your rights, there is little confidence in your rightness, since our legislation is imperfect, and without high-quality legal protection, you can play a seemingly completely winning case.

This is exactly the kind of assistance our company provides to its clients on all legal issues. You can order a consultation with an experienced lawyer right now and without spending a single penny. Consultation can take place both online and via telephone.

Benefits of obtaining free legal advice on property matters

By contacting us, our clients are guaranteed to receive:

• High-quality legal support 24 hours a day;
• Lack of registration forms. All you need to do is just dial a number or write on the website, and our lawyer will promptly answer all your questions;

• Anonymity. When contacting our company, you do not need to provide your passport details or other personal data. Just saying the name is enough. We provide a full guarantee of non-disclosure and do not use the information provided for personal gain. Our lawyers know firsthand about the concept of professional ethics;
• Efficiency. All customer requests are considered from the moment of receipt, and a response is provided as quickly as possible, both verbally and in writing;
• No frames. We have no limit on the maximum number of questions;
• Professional quality. Each lawyer in our company not only has a diploma from higher legal education institutions, but also has extensive practical experience.

How to get free legal advice on property issues

As mentioned above, you can get advice from our lawyers either by phone or online. This approach guarantees a high speed of response, which in some cases can be a decisive factor. In addition, it is worth noting that the final result of the entire case may change depending on how exactly the lawyer acts.

Our legal support is available 24 hours a day, 7 days a week. We carefully consider any request and only after a detailed and comprehensive study we build our further path. When communicating with our lawyers, clients are not burdened with complex and confusing legal terms, which make communication much more difficult, and as a result, the client does not always understand what exactly he needs to do next.

The long-awaited project “Regulations on monasteries and monastics” was published on the Internet resources of the Russian Orthodox Church. This “Regulation...” should have appeared about a quarter of a century ago, since it was mentioned as actually existing in the present tense in the 1988 Charter of the Russian Orthodox Church (Chapter IX, paragraph 9), as well as in a similar Charter currently in force since 2000 ( Chapter XII, paragraph 8).

This project was compiled within the bowels of a special church body - the Inter-Council Presence, a specially created Commission on the organization of the life of monasteries and monasticism, then it was revised by the editorial commission of the Inter-Council Presence, chaired by Patriarch Kirill.

The preamble of the project states: “The opportunity to leave comments is provided to everyone.” Since I am studying the evolution of the order of inheritance of personal property of hierarchs of the Russian Orthodox Church, I will allow myself to take advantage of the invitation to discussion and express some thoughts on those points of the document that relate to the personal property of monastics.

The draft “Regulations...” speaks of the “common property” of monastics (Chapter I, paragraph b), and of the “property of the monastery” provided to monastics for “temporary personal use” (Chapter IV, paragraph h). In particular, it is stated: “When leaving the monastery, the monk has no rights to any part of the monastery property.” But nothing is said about the personal property and personal savings of monastics. These issues are also avoided by the current Charter of the Russian Orthodox Church, the Civil Charter of the Russian Orthodox Church, and the charters of monasteries (the author of these lines has familiarized himself with those of them that were found in the public domain). This is also silent in the definition of the Local Council of the Russian Orthodox Church of 1917–1918 “On monasteries and monastics” dated August 31 (September 13), 1918, as well as in the previous Charter of the Russian Orthodox Church - from 1988. The Statutes of the Russian Orthodox Church speak only in the most general terms about the inheritance of personal property of bishops (who, as is known, are also monastics): “The personal property of the Patriarch of Moscow and All Rus' is inherited in accordance with the law” (2000, Chapter IV, paragraph 14 ); “The personal property of a deceased bishop is inherited in accordance with current laws” (2000, Chapter X, paragraph 22).

It is clear that such norms are in full compliance with modern civil law. But why are neither the Statutes of the Russian Orthodox Church nor the discussed draft “Regulations...” stipulated similar norms for other monastics? Or are ordinary monks, unlike bishops, not citizens of Russia and not within the legal framework of the Russian Federation? And what is meant by the definition of “personal property”? Was it acquired before or after ordination to the episcopate and with what funds? What is the fate of the contents of bank accounts registered personally in the name of the bishop (as an individual) and remaining after his death?

The legislation of the Russian Empire had a whole complex of highest decrees that regulated the rights of monastics to inherit and bequeath items of personal property, as well as to inherit monetary savings; relevant instructions were also provided. Despite the significant peculiarities in this regard among various categories of monastics, the general norm for all, without exception, was the prohibition of ownership, acquisition, inheritance and bequest of real estate.

In its essence, the project under discussion, “Regulations on Monasteries and Monastics,” pursues the goal of improving church life by regulating its relevant aspects. However, the document contains significant legal gaps. For example, it is indicated that those entering the monastery must present, among other things, documents on education and qualifications (Chapter IV, paragraph a). But at the same time, no certificates or receipts are required about the presence (or absence) of real estate, movable property, the state of financial accounts, etc. And what is the fate of these valuables (if any) after their owner has taken monastic vows?

On the one hand, as “renounced the world” and having taken a vow of non-covetousness, monastics cannot have any property. But, on the other hand, as citizens of Russia they can enter into various legal relations relating to both movable and immovable property...

And due to the possible ambiguity of solutions to property and financial issues, it seems important that the final version of the “Regulations...” would provide unambiguous answers to the following questions. Can someone who embarks on the path of monasticism (when entering a monastery, for example) own movable or immovable property? Can monastics become heirs of real estate? Can monastics acquire land plots and become their owners? Can monastics acquire real estate and become its owners? Can monastics build real estate at their own expense, including on church land? To which individuals or legal entities will these objects belong after the death of their builder? How to separate the personal property of monastics from church (for example, monastery) property? Can monastics have personal savings, for example, in bank deposits? Who will they go to after the owners die? Can monastics bequeath their personal property (for example, precious elements of priestly vestments and sacred vessels) to lay persons?

It should be noted that all these questions were given unambiguous answers in the Basic Laws of the Russian Empire. Moreover, due to the unity of the Russian Empire and the Orthodox Church, the corresponding state laws were also intra-church norms... However, for a not entirely clear reason, in post-Soviet times (during the period of church revival) it was not customary among the clergy to remember the previous legal norms. Thus, starting from 1917 (since the termination of the Basic Laws of the Russian Empire), there has been a certain degradation of the legal system in the Russian Orthodox Church in matters relating to personal property and personal financial savings of monastics.

According to the Constitution of the Russian Federation (Article 15, paragraph 2), “religious associations are separated from the state.” And the Federal Law “On Freedom of Conscience and Religious Associations” of 1997 states (Article 4, paragraph 2): “In accordance with the constitutional principle of separation of religious associations from the state, the state: […] does not interfere in the activities of religious associations.” Under these conditions, is it possible in the Russian Orthodox Church to restore (at least partially) the internal church norms that worked in the Russian Empire, which, in particular, regulated the property rights and inheritance of monastics? In our opinion, church legislators today have no insurmountable obstacles to achieving this goal.

In general, the present draft “Regulations on monasteries and monastics,” with its silence on the above-mentioned property and financial issues, creates an idea of ​​the monasteries of the Russian Orthodox Church not as “luminaries of the world,” but as dark pools, in the troubled waters of which there is everything for the leadership of the monastics the opportunity to catch “fat fish” in their personal interests.

Hello. I have a question. His father died and he has a second wife. That is, we have a stepmother. Now we are entering into an inheritance. If they divide it, it will be divided equally, but the fact is that she did not build this house, there were no repairs. They lived for 6 years. What needs to be done so that she gets the smallest part?

Good afternoon Help me please! Answer my question!
Before my marriage, my husband owned a plot of land; it was registered in 2003 in the name of my husband (land only).
We got married in 2008, during which time we began to build a residential building, there are walls, a roof, lined with bricks, and a garage for two cars was built in the yard. Construction documents were issued in the name of the husband. The husband's father made the main contribution to the construction.
We have a common son, 8 years old.
Now we live in an apartment in which there are three owners, my husband’s share is 1/3, the apartment was before our marriage. They invested money in the apartment, installed plastic windows, installed gas. We are currently in the process of divorce.
My husband's father wants to take away this unfinished house and warned me that this is all his investment in the house.
The apartment is not mine and my father said, as long as you live.
We lived together for 9 years. What rights do I have with my child? Should I file for division of property?
It turns out that after being married for 9 years, my son and I have nothing. We live on bird's rights. I work all the time.
Answer please. Thank you

Hello. I am filing for divorce and alimony for 4 children, and my husband is filing for division of property. There is a 2-room apartment, registered ½ for me and my husband. I, my husband and 4 sons are registered in the apartment. Can my husband win the court? , that we will have to look for housing? In addition to the apartment, it also shares furniture, as he says, I will leave you with nothing. Thank you.

According to privatization, the husband owns the apartment. What can I count on in a divorce if the property was acquired during marriage?

Hello! Question: We are getting divorced without disagreement. I already pay child support for two children. I own a two-room apartment, purchased during marriage. The children and their mother are registered in it. I am registered in another apartment. How can I register it now so that I still have 1/4 of the property? Or the court will “automatically” divide it into four. Thank you.

Hello! The question is the same, the house is on a mortgage, a mortgage for two, but I just left the house (the divorce was on March 4, 2015) and the house remained in joint ownership, I was registered in it, no agreement was drawn up. The question is: won’t my share be lost over time if I never re-register it and it remains joint?
Thank you!

Hello. Before marriage, I had a one-room apartment, which my mother gave me. Already married, I changed my one-room apartment to a 3-room apartment. We lived together for 1.5 years. Now we are getting a divorce, my wife is filing for division. She's pregnant. What are my chances of staying in the apartment?

Good afternoon. I have this problem:

In 2004 I had a 3-room apartment. an apartment in which, in addition to me, children were registered (son, 19 years old, and daughter, 14 years old). To privatize the apartment, my son wrote a Refusal from Privatization. Subsequently, in 2008, this apartment was exchanged for a 2-room apartment. apartment. Now in 2015 this apartment was sold and a 1-room apartment was purchased. in the Moscow region.

My son is now (more than 10 years later) threatening to sue that he was allegedly forced to write this Refusal and that I should pay him money.

Tell me, please, is this option possible and does he have the right to demand anything in this situation?

HELLO, I HAVE BEEN MARRIED FOR 3 YEARS, MY HUSBAND, WITHOUT MY CONSISTENCY, DURING THE MARRIAGE, PURCHASED LOANS IN THE AMOUNT OF ABOUT 1 MILLION IN DIFFERENT BANKS, AT THIS TIME ONE OF THE BANKS HAS OVERLAY PAYMENTS FOR ABOUT 5 MONTHS, BAILIFFS THEY ASK ME. CAN I MAKE A MARITAL AGREEMENT SAYING THAT I AM NOT RESPONSIBLE FOR HIS CREDIT HISTORY AND DO THEY HAVE THE RIGHT TO DEMAND PAYMENT OF THE DEBT FROM ME? THANK YOU VERY MUCH IN ADVANCE!

Hello! Can a husband challenge through court an apartment that he gave to his wife (the deed of gift was registered through a notary more than 5 years ago) in the event of a divorce. Thank you

please tell me what documents are needed for the division of property. And if my husband, behind my back, wrote a deed of gift to himself for a dorm room that I bought during marriage, it will be divided or remain his property. About three years have passed since the date of writing the deed of gift. I just found out about this.

Hello! My husband opened his own business (I was initially against his idea). It turned out that to open his business and to maintain it (according to my husband), he took out loans, which I did not know about. He didn’t pay off loans, he didn’t bring money to his family from his business, when he didn’t deny himself anything (he spent it on his hobbies, for his own pleasure, he lost money (he was spotted in slot machines more than once)). He abandoned his business, still doesn’t pay his loans, and it’s a huge amount to pay off. What should I do in this case (we are still married, have two children) so as not to be responsible for his loans, how to prove that the money was not spent on the needs of the family. He himself talked about opening his own business. so that there would be finance for his personal needs (he gave money for the family only when I was on maternity leave from earnings from working at a factory - I was officially employed).

Natalya, hello! My husband and I have been married for 23 years since 1989, we completed and finished a 2-story house together and put it into operation while married in 2001. Today the court rejected my claim for 1/2 of the house and land plot, because I don’t have evidence, i.e. receipts, that I have been investing in this house for 23 years. Why was my claim denied? Thank you!

Hello! I want to file for divorce, my son is 20 years old. I think that I will have a problem with the division of property. I think that my husband will take everything out of the house. How can I prove in court that I have all this property? thank you in advance!

In February, my mother died, leaving a will for a cooperative apartment in my name (I am the only heir). I would like to register ownership of the apartment in my daughter’s name. What is the best way to do this so that the apartment is not subject to division in the future? What documents are needed for this?

I’m going to get a divorce, I bought a house during marriage using maternity capital, my husband has nothing to do with the first child, does he have the right to a share in the house? The property is registered in the name of me and the children.

He lived with his wife for 18 years; loans were taken out during the marriage. After the divorce, the loans remained with me. Is it possible to divide the loans between us, what is needed for this. 10 months have passed since the divorce

Good afternoon. I have the following question: in January 2004 the marriage was concluded, and in February 2011 it was dissolved. There is 1 child born in 2006. During this period, an apartment was purchased with a mortgage (November 2007) for 15 years. The down payment was made by selling a room belonging to my mother. There is a confirming purchase and sale agreement and a cash receipt for the same amount for the transfer of the down payment only on my behalf. I am currently living in the apartment, and accordingly I am paying the loan on my own.
Question: Can a wife claim the amount of the down payment??? Do I understand correctly that we must divide the amount of the loan paid only during the period of marriage (before the date of divorce, although before the divorce we had not lived together for 1.5 years)??? Do you need the full amount of the repaid loan (principal debt with interest) or only the amount of repayment of the principal debt???
I'm waiting for an answer. Thank you.

We are filing a divorce. We agreed on the division of property. The husband makes it a condition to maintain registration at the address of the apartment, which remains the property of his wife, without claims to residence. Is it possible to leave him a registration, while reliably protecting himself from his possible future claims to live in the apartment? Which document to sign or how to indicate in the property division agreement?

Hello! Question: We are getting divorced without disagreement. I already pay child support for two children. I own a two-room apartment, purchased during marriage. The children and their mother are registered in it. I am registered in another apartment. How can I register it now so that I still have 1/4 of the property? Or the court will “automatically” divide it into four. Thank you.

Hello! Please tell me. My husband and I bought a car on credit. The loan and car are registered in my name. Will a car be divided during a divorce? If so, will the loan be divided in half as well? Thank you in advance.

Modern society is inseparably linked with such a concept as property. It is property and its diversity that determines a person’s status and his capabilities. After all, in fact, property is money invested in the future, it is a guarantee of stability today. The property can be rented out and used during the implementation of business projects.

Property may be subject to certain transformations and changes in functional purpose. If this is real estate, then rebuild and complete it. If this is a land plot, then increasing the efficiency of its use.

It also very often occurs property issues related to a change in the intended purpose of property, which have an official legal status, taken into account by government agencies.

After all, any property can be used for both private and commercial purposes. At the same time, commercial goals can be considered both a means of generating income and solving social issues.

As an example, we can consider the creation of an animal shelter based on warehouse premises.

In such a situation, it will be necessary not only to change the purpose of the premises, but also to carry out capital construction and re-equipment of existing areas. Any construction project requires compliance with building codes. After all, being in the building must guarantee the safety of visitors and staff. For this reason, owners of such property will be required to comply with regulatory documents related to construction work.

Failure to comply with legal regulations may lead to additional costs for penalties and subsequent compliance with the established requirements.

For this example, the issue of safety, capacity and load on building structures remains relevant. The implementation of such a project very often requires the owner to have a thorough relationship with government regulatory and licensing authorities.

Each of them operates based on the laws of the country. However, in addition to laws, there are a lot of legislative acts and regulations that regulate the full range of issues related to property. In case of violation or failure to comply with documents and norms, the owner becomes legally liable, which can result in additional financial costs, as well as almost completely neutralize projects related to the use of the property.

In order to minimize risks, there are property lawyer, who can not only give advice on what and how to do, but also take on organizational issues.

To increase efficiency, it is best to use the services of an experienced lawyer who has extensive experience in resolving issues related to the legal use of one’s rights to property.

As practice shows, it is best to use the services of commercial organizations that employ specialists who know not only the legislation of the country, but also know how to interact with government agencies.

The company "Bureau of Independent Assessment" has selected personnel who can resolve any issues related to property.

Publication date: 12/16/2016 10:33 (archive)

The Office of the Federal Tax Service of Russia in St. Petersburg daily receives many questions about the procedure for calculating and paying property taxes for individuals, transport and land taxes, the procedure for receiving benefits, what rates and benefits are established for property taxes.

The Office publishes answers to the most frequently asked questions on tax law.

Question: Why have I not received a notice to pay property taxes? Last year I paid 85 rubles.

Answer: According to paragraph 4 of Article 52 of the Tax Code of the Russian Federation (hereinafter referred to as the Tax Code of the Russian Federation), if the total amount of taxes calculated by the tax authority is less than 100 rubles, a tax notice is not sent to the taxpayer.

Question: Why is the benefit not provided for non-residential premises?

Answer: The list of types of taxable objects in respect of which a tax benefit is provided is determined by paragraph 4 of Article 407 of the Tax Code of the Russian Federation.

Such objects of taxation as other buildings, premises and structures - non-residential premises are not named in paragraph 4 of Article 407 of the Tax Code of the Russian Federation, and, accordingly, no benefit is provided.

Starting from the tax period of 2016, tax calculation will be carried out in accordance with the Law of November 26, 2014 No. 643-109 (as amended in force from January 1, 2016) based on the cadastral value of real estate.

Thus, the tax authorities do not have legal grounds for assessing property tax for individuals for 2015 on apartments in buildings put into operation after 03/01/2013.

Question: I live in St. Petersburg and have real estate in other regions of the Russian Federation. Why was the tax notice for all properties, including those located in other regions, sent by the tax authorities of St. Petersburg?

Answer: Since 2015, a consolidated tax notice for the payment of property taxes in relation to all taxable objects in the Russian Federation owned by the taxpayer is sent by the tax authority to the taxpayer’s place of residence, contained in the Unified State Register of Taxpayers (USRN).

In this case, information about the tax authority that assessed the tax is contained in the tax notice in the line “Name of object; registration plate (number); OKTMO; Federal Tax Service code.

Question: How is a property for which a benefit is granted selected?

Answer: According to paragraphs 3 and 4 of Article 407 of the Tax Code of the Russian Federation, when determining the amount of tax payable by a taxpayer, a tax benefit is provided in respect of one taxable item of each type at the taxpayer’s choice, regardless of the number of grounds for applying tax benefits, incl. apartments.

In accordance with paragraph 7 of Article 407 of the Tax Code of the Russian Federation, a notification about selected taxable objects in respect of which a tax benefit is granted is submitted by the taxpayer to the tax authority of his choice before November 1 of the year, which is the tax period from which the tax benefit is applied to these objects.

If a taxpayer entitled to a tax benefit fails to provide notice of the selected taxable item, the tax benefit is granted in respect of one taxable item of each type with the maximum calculated tax amount.

Answer: In accordance with Law No. 643-109 dated November 26, 2014, when calculating property tax for individuals for 2015, the tax base for taxable items is determined based on their inventory value, calculated taking into account the deflator coefficient determined in accordance with part one Tax Code of the Russian Federation (hereinafter referred to as the deflator coefficient), based on the latest data on inventory value submitted in the prescribed manner to the tax authorities before 03/01/2013.

The deflator coefficient for 2015 was set at 1.147 in accordance with the order of the Ministry of Economic Development of Russia dated October 29, 2014 No. 685 “On the establishment of deflator coefficients for 2015.”

Paragraph 4 of Article 406 of the Tax Code of the Russian Federation establishes that in the case of determining the tax base based on the inventory value, tax rates are established on the basis of the total inventory value of taxable objects owned by the taxpayer multiplied by the deflator coefficient (taking into account the taxpayer’s share in the right of common ownership of the property). each of such objects), located incl. within the federal city of St. Petersburg.

Answer: When sending an appeal, you should choose the tax authority at the place of registration of the taxpayer (place of residence or location of the property) or the corresponding Department of the Federal Tax Service of Russia for the constituent entity of the Russian Federation.

Question: What tax authority code should I choose when contacting the tax service in case of incorrect calculation of property and land tax located in the Murmansk region, if I am registered at my place of residence in St. Petersburg?

Answer: When sending an appeal, you should choose the tax authority at the place of registration of the taxpayer or the corresponding Department of the Federal Tax Service of Russia for the constituent entity of the Russian Federation. Thus, for issues related to the calculation of property and land taxes located in the Murmansk region, the tax authority code should be selected - 5100.

Question: A tax notice received in 2016 indicates a vehicle transferred under a power of attorney.

Thus, the obligation to pay transport tax is made dependent on the registration of the vehicle, and not on its actual operation, and the taxpayer is the individual in whose name the vehicle is registered.

Question: A tax notice received in 2016 shows a vehicle sold under a sales contract.

Answer: In accordance with Article 357 of the Tax Code of the Russian Federation, taxpayers of transport tax are persons to whom, in accordance with the legislation of the Russian Federation, vehicles recognized as an object of taxation are registered.

The obligation to pay transport tax is made dependent on the registration of the vehicle, and not on its actual operation.

If an individual sells a car under a purchase and sale agreement, and the new owner is in no hurry to register the car in his name, the previous owner can contact the State Traffic Inspectorate unit at the place of registration of the vehicle regarding deregistration of the car in accordance with paragraph 5 Rules for registration of motor vehicles and trailers for them in the State Traffic Safety Inspectorate of the Ministry of Internal Affairs of Russia, approved by Order of the Ministry of Internal Affairs of Russia dated November 24, 2008 No. 1001 (as amended).

Only after deregistration of the vehicle does the tax accrual stop.

In addition, subclause 60.4 of the Administrative Regulations of the Ministry of Internal Affairs of the Russian Federation for the provision of state services for registration of motor vehicles and trailers for them, approved by Order of the Ministry of Internal Affairs of the Russian Federation dated 08/07/2013 No. 605, establishes that the basis for termination of registration of a vehicle is the application of the previous the owner of the vehicle and the presentation by him of documents on the conclusion of transactions aimed at the alienation of the vehicle, after 10 days from the date of conclusion of such a transaction, provided that there is no confirmation of registration for the new owner.

Thus, if the new owner did not register the vehicle within the time limits established by law, you had the right to contact any registration department with an application to deregister it.

Question: Which tax authority should calculate the tax if I changed my place of residence after August 2013?

Answer: In accordance with paragraph 4 of Article 85 of the Tax Code of the Russian Federation, authorities that register vehicles are required to report information about vehicles registered with these authorities and about their owners to the tax authorities at their location.

Control over the completeness and timeliness of payment of transport tax to the budget is carried out by the tax authority with which the taxpayer is registered at the location of the vehicles in accordance with paragraph 5 of Article 83 of the Tax Code of the Russian Federation.

Clause 5 of Article 83 of the Tax Code of the Russian Federation (as amended in force until August 24, 2013) establishes that the place of location for motor vehicles is recognized as the place of state registration, and in the absence of such, the location (residence) of the property owner.

Changes to subclause 2 of clause 5 of Article 83 of the Tax Code of the Russian Federation regarding the change in the concept of location for motor vehicles came into force on August 24, 2013.

Thus, in the event of a change of residence after August 23, 2013, transport tax is calculated by the tax authority at the taxpayer’s place of residence.

Question: I moved to another city in 2015, the transport tax in the notification received in 2016 was assessed for the car by two tax authorities. It's not a mistake?

In order to avoid double taxation, the calculation of transport tax in cases of a change of residence of an individual after 08/23/2013, in accordance with the provisions of the Tax Code of the Russian Federation, must be carried out:

– at the tax authority at the previous place of residence up to and including the month of change of residence;

– at the tax authority at the new place of residence, starting from the month following the month of change of residence.

When calculating, the rates and benefits corresponding to the tax authority performing the calculation are applied.