Employer reporting
Oksana Lim
Expert in tax and labor relations
Current as of August 15, 2019
The courts began to cancel the fines imposed by the Pension Fund for violations during the delivery of SZV-M. What, according to the judges, were the PFR inspectors wrong? What advice can be given to employers who are facing or have already been fined? The answers are in our material.
Sample statement of claim for cancellation of a fine
The complaint must indicate the name of the body where the complaint is being filed (court or traffic police), the date, the number of the resolution regarding the case of an administrative offense, and provide arguments proving, in your opinion, the illegality of the accusation. It is worth noting that consideration of a complaint by the traffic police is in practice only a formality. Meanwhile, clause 18.1 of the traffic rules obliges the driver to reduce speed and, if necessary, stop to give way to pedestrians at the crossing and when his car is just approaching this crossing. 2) Clause 18.1 of the traffic rules obliges the driver to reduce speed when approaching a crossing, and if necessary, stop if there are pedestrians at this crossing, but not just any, but only those who may be in danger or an obstacle.
There is a legal way to loosen the bank stranglehold; to do this, you need to file a petition with the court to reduce the interest on the loan. Typically, banks delay submitting a claim for a problem loan to the court until the end of the period during which financial institutions have the legal right to collect the debt from the borrower.
Drivers accuse inspectors of falsifying reports issued for speeding and misusing measuring devices. According to the public organization Avtrans, over the past few months the number of complaints filed against decisions made by traffic cops has increased more than 10 times. A complex application contains the necessary points for details.
To enter them correctly, you need to understand the principle.
The easiest way to do this is by looking at the sample below. Perhaps you have discovered inaccuracy or incorrect information, please remind us of the erroneous information in the form of a comment under the sample.
And then the company has only one option - appealing the decision of the Pension Fund to collect arrears and fines on insurance contributions. So, how to mark the decision of the Pension Fund? The decision of the Pension Fund to collect arrears is the official document on the basis of which the payer is charged insurance premiums, penalties, and penalties that were not paid on time.
According to the Law, the Arbitration decision immediately enters into legal force and is not subject to appeal (anywhere). It is possible to cancel a decision in a state court only if the Arbitration does not have the Competence to consider the dispute. The State Order is issued for Court Decisions.
A writ of execution within 30-50 days (under financial guarantees of the Arbitration), which is executed by the State. Bailiffs. Of course, driving your whole life and not getting a single fine in Russia is practically impossible, even if you strictly follow the established traffic rules.
The fact is that in our country on the roads you can often see inappropriate road signs and markings, improper installation of road signs, and poor condition of the road surface. Formally, the transaction is considered completed. Moreover, such a purchase and sale scheme can be used regardless of the place of residence of both the seller and the buyer - the latter can register the car at any traffic police department in the country.
Free legal assistance
In accordance with part 3 of Art. 17 Federal Law No. 27-FZ of 04/01/96
Info B Arbitration Court of Moscow Plaintiff: Defendant: Cost of the claim: State duty: Case No. A40- Response to the statement of claim for the collection of a fine for late submission of information necessary for individual (personalized) accounting to the territorial body of the Pension Fund of the Russian Federation in the amount of rubles.
cop. The Arbitration Court of the City of Moscow is processing case No. A 40-, initiated on the basis of a statement of claim by the State Institution - the Main Directorate of the Pension Fund of the Russian Federation No. _ for the city.
Moscow and the Moscow region on the collection of a fine from OJSC "" for untimely submission of information necessary for individual (personalized) accounting to the territorial body of the Pension Fund of the Russian Federation in the amount of (thousand) rubles kopecks. The Plaintiff's claims cannot be satisfied for the following reasons.
- date of application and signature of the applicant.
- a formulated request to the court to mitigate penalties, taking into account the circumstances listed by the petitioner (you can also indicate the amount to which you would like to receive a reduction);
General issues of drafting a petition sent to the court are discussed in the article “How to correctly draft a petition to the court - sample.”
Grounds for reducing a fine (using the example of the Tax Code of the Russian Federation) It must be remembered that an inspectorate or court is competent to reduce a fine below the minimum limit, i.e. more than 2 times (see paragraph.
19 Resolution of the Plenum of the Supreme Court of the Russian Federation No. 41, Plenum of the Supreme Arbitration Court of the Russian Federation No. 9 dated June 11, 1999, letter of the Ministry of Finance of the Russian Federation dated May 16, 2012 No. 03-02-08/47, Resolution of the 7th AAS dated October 25, 2011 No. 07AP-8142/11) . Grounds for mitigation of sanctions, in addition to those listed in paragraph 1 of Art. If the circumstances specified in Part 1 of Article 43 of the Law on Insurance Contributions exist, the person is not liable for committing an offense (Part 2 of Article 42 of the Law on Insurance Contributions). The applicant agrees, “…”, provided for in Part 1 of Article 43 of the Law on Insurance Contributions.
However, the applicant believes that there are circumstances mitigating his liability for failure to fulfill the obligation established by the Law on Insurance Contributions. 4. The applicant believes that the following circumstances are circumstances mitigating the applicant’s liability for committing an offense in the form of a one-day delay in payment, which, in particular, include: 1.
The delay in providing the calculation was only 1 (One) day.
The circumstances of the delay and the objective (subjective) facts that caused it are indicated in the applicant’s objections sent to the control body. The applicant reasonably believes that each of the above circumstances separately, as well as their sufficiency and mutual connection, additionally confirm the presence of circumstances that were not examined by the control body, but can be recognized by the arbitration court considering the present case as circumstances mitigating the applicant’s liability.
Collection of legal costs in favor of the Payer
In this case, the issue of reimbursement of legal costs incurred by the latter was also resolved in favor of the Payer.
Thus, by decision of the Arbitration Court, 4,000 rubles of legal costs for payment of state duty were recovered from the Pension Fund of the Russian Federation in favor of the Payer. It is interesting that the Pension Fund of the Russian Federation did not agree with the court’s decision in this part, citing Article 333.37 of the Tax Code of the Russian Federation (hereinafter referred to as the “Tax Code”) as the basis for exempting it from reimbursing the Payer for legal expenses incurred. While this article of the Tax Code provides for exemption from payment of state fees, it does not regulate the procedure for reimbursement of legal expenses.
