About the lawyer

Sherstnev Anatoly Anatolievich

Status: Lawyer

Experience in specialty: more than 5 years

In 2014 he graduated from the Novosibirsk Institute of Economics and Management with a degree in Jurisprudence. He defended his diploma with honors on the topic: “Methods for investigating robberies and assaults.”

I specialize in:

  • criminal
  • civil
  • family
  • administrative law.

He began to build his career with the investigation of the Ministry of Internal Affairs. Had experience with cases of crimes against property (theft, fraud, robberies, robberies). He also worked in a large Novosibirsk law firm engaged in general legal practice. Currently, I am engaged in private legal practice and publish articles on various legal topics on my website, as well as on other resources.

“I get pleasure when I understand that I have solved the legal problem of a person who finds himself in a difficult situation.”

About Lawyer Anatoly Sherstnev

Founded in 2014

50 people in their team


Practice areas
Real Estate
Elder Law
Bankruptcy & Debt
Family
Civil & Human Rights
Business
Criminal Defense

Languages spoken
Russian
English

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Practice areas

Real Estate

Registration of real estate ownership is a procedure that includes: collecting the necessary package of documents for registering ownership with the registration authorities of the Russian Federation of newly built real estate objects or transferring ownership of an already registered object from one person to another.

Types of real estate under Art. 130 Civil Code of the Russian Federation:

  • land
  • subsoil areas
  • building
  • unfinished construction projects
  • aircraft and ships

In order to own, use and dispose of your property, you must register your ownership rights with Rosreestr or through the MFC. Let's look at the example of an apartment purchase and sale transaction.

Basic documents for registering ownership of real estate

 

  • Purchase and sale agreement in 2 copies
  • The right establishing document, i.e. on the basis of which the owner owns this property (Privatization agreement, purchase and sale, donation, exchange)
  • Application for registration from the buyer and seller (such an application can be downloaded from the Rosreestr website or asked for when submitting documents)
  • SNILS
  • Passport
  • Transfer deed, if the purchase and sale agreement is not one
  • Extract from EGRN (Unified State Register of Real Estate)
  • Receipt for payment of state duty (at the time of writing on November 21, 2019, it is 2,000 rubles)

Additional documents for real estate registration

 

  1. Notarial Consent to the transaction of the spouse if the property was acquired during the marriage
  2. Notarized consent of other shareholders if this apartment is in shares and another share is sold. If it is not possible to obtain this consent from the shareholder, a letter is sent to him notifying him of the sale of the share. After a month, it can be sold to anyone. Art. 250 Civil Code of the Russian Federation
  3. If minors are registered in the apartment, then you will need an order from the guardianship authority and a guardianship to sell the apartment.
  4. Also, in order not to get into trouble when purchasing and not to prove to the management company that the buyer’s obligation to pay utility bills arises after registration of ownership, ask the seller for a certificate from the “utility workers” about the repaid debt for (water, electricity, heating, etc.) .e)
  5. If the seller is an old person, in order for the transaction not to be invalidated, a doctor’s certificate confirming his legal capacity is required.
  6. In some cases, for example, when selling a room in a communal apartment, a notarization of the transaction (notarial agreement) is required. The advantage of this procedure is that the notary will check its legality, submit the documents immediately and you will not have to stand in queues at the MFC or Rosreestr, this agreement will be registered in 3 days, which is faster than a regular transaction and you will receive the documents on the 4th day.

After you have collected the necessary documents, you can personally, through a representative, submit documents to register ownership. The period for registering real estate is 7 days from the moment the documents are accepted by a specialist at Rosreestr. Next, you need to come for documents and receive an extract from the Unified State Register of Real Estate (re-registered in your name) which will indicate: the property, the owner, shares in the right and other information about this property. Depending on the situation, documents for registering property rights may change. For example, when dividing joint property of spouses, a notarial agreement is required.

There is a very important feature that ownership of real estate arises only from the moment of registration of such right. Having analyzed Part 2 of Art. 223 of the Civil Code of the Russian Federation, we can conclude that fraudsters take advantage of this gap in the legislation to seize victims’ money and apartments. Punishing and prosecuting such persons is very problematic from the point of view of proof. Also, most likely you will have to go to court and waste your nerves, money and time on a lawyer, and it is not a fact that you will successfully complete this case.

We strongly recommend that you contact specialists if you do not have the necessary experience and knowledge to carry out the procedure for registering ownership of real estate.

Civil legislation is very extensive and not casual. The risks of buying and selling real estate are very high and great importance and time must be devoted to checking documents for legal subtleties, so as not to be left with nothing. It is very important to correctly draw up a non-typical contract that will insure you in the event of force majeure. If you wish, you can make a notarized transaction, as this will provide additional support from declaring it invalid and saving your funds. Notarial activities are subject to compulsory insurance and in case of adverse consequences, you will get your money back. Also, if you like an apartment and you are already burning with desire to buy it, then a rational decision would be to draw up a preliminary agreement. It must indicate that if a party refuses to sell/purchase, he will pay a penalty.

Brokerage
Commercial Real Estate
Foreclosure
Housing, Construction & Development
Land Use & Zoning
Landlord & Tenant
Mortgage
Real Estate Contracts and Negotiations
Real Estate Due Diligence

Elder Law

Registration of inheritance is the transfer of the property of the deceased to other persons in the form of a will or inheritance by law.

From the definition, two types of inheritance can be distinguished:

  1. In law
  2. By will

With the second method, everything is clear; the person decides what to do with his property during his lifetime and notarizes his will. In our country, inheritance by will is rarely used, because it is connected with our mentality. But with the first type of inheritance, everything is very interesting, they even show series on TV, like Santa Barbara.

Only relatives reflected in the law can be heirs by law. They are distributed in queues. Heirs of the next line have the right to enter into inheritance only when there are no heirs of the previous line. The Civil Code regulates 8 queues:

Heirs of the first stage:

 

  1. Children inherit after the death of their parents, this is easily confirmed by a birth certificate issued in accordance with the procedure established by law.
  2. The legal spouse is considered a first-priority heir if the civil marriage has been properly registered. Popularly, “civil barque” implies cohabitation, where inheritance law does not in any way regulate the rights of such persons. The main feature of the legal status of the spouse is the fact of jointly acquired property. In addition to the fact that jointly acquired property is divided in half, the surviving spouse inherits the share of the deceased spouse on an equal basis with the heirs of the first priority.
  3. Parents of the deceased. The father inherits in the case where the marriage was registered in accordance with the procedure established by law or there is a court decision to establish paternity. The mother always inherits. The state protects the inheritance interests of parents, thereby excluding from the inheritance persons who have been deprived of parental rights.
  4. Grandchildren inherit when there are no living parents who could accept the inheritance and receive the share that is due to their parents.

If there are no more heirs of the first stage, then we move on to the next stage.

Heirs of the second stage:

 

  1. Brothers and sisters inherit from each other when there is a blood relationship from their parents.
  2. Grandfather and Grandmother on the mother's side always inherit, and on the father's side only if there is proof of confirmation of the relationship.
  3. Nephews and nephews exercise the right of representation. They will inherit only if the one of their parents who would be the heir is not alive.

Heirs of the third stage:

 

  1. Uncles and Aunts - siblings of the testator's parents

If one of the third-order heirs dies before the testator, the testator's cousins ​​and sisters will inherit by right of representation , i.e. children of his parents' siblings.

I strongly recommend that you take a conscious and rational approach to the issue of inheritance and write a will for your property. In this way, you will solve several main problems: quarrels within the family over the division of things, litigation related to inheritance.

Since the estate includes real estate, we recommend reading the article about Registration of real estate

Estate Planning
Probate
Trusts
Will & Testament

Bankruptcy & Debt

Once you lent money to your work colleague, acquaintance or friend, as it happens before payday. He promised to deliver everything on time, but something went wrong and for some reason he was stalling for time or not answering the phone. Common situation? Then you will be very interested to know a way to get your money back. Let's not waste time and get started.

Repayment of debt by receipt is most often a judicial or extrajudicial process of returning money by receipt from an individual.

Legal force of the receipt

A receipt (by hand or otherwise with a signature) has legal force if the essential terms of the loan agreement are met (loan amount, actual transfer of money, the borrower’s obligation to repay the funds). There may also be optional conditions such as a deadline. The receipt must contain the full names of the parties, date of birth, place of registration (registration), confirmation of the person that he received the funds, date and signature.

Distinctive features of the Loan agreement

Such an agreement is considered a loan agreement because one individual transfers a sum of money to another individual. The contract is concluded from the moment when the receipt for the receipt of money is signed, from the subsequent transfer. The loan is considered reimbursable, i.e. with interest, unless otherwise stated in the receipt. A gratuitous loan is assumed by force of law, if you have not explicitly stated this in the agreement (receipt), in cases where:

  • The agreement was concluded between the parties for an amount not exceeding 50 minimum wage = 375,000 thousand rubles at the time of writing on January 15, 2020, and not one of its participants is an entrepreneur

The loan agreement must be concluded in simple written form if the following conditions are met:

  • Concluded between physical persons and the amount exceeds 10 minimum wages = 75,000 thousand rubles. If you have agreed orally with the borrower, this does not give grounds to refer to the invalidity of the agreement.

You are only prohibited from bringing witnesses to court, since this is pointless to confirm the conclusion of the loan agreement and its terms. The debtor can challenge the loan due to lack of funds, proving that he did not receive the money or in a smaller amount than in the agreement. If the agreement was to be drawn up in simple written form, then the point of arguing over lack of money through witnesses is lost, since this is not permissible. Except in cases of: deception (by abuse of trust, for selfish purposes), violence (by causing harm to health or death), threat (it must be real)

Debt collection under the Loan agreement

Next, we decided that we had written a receipt, indicated the details and passport data of the parties, established the loan amount and interest, as well as the repayment period. What should we do now? First, we try to resolve the issue out of court, and send by mail a demand to the debtor to repay the debt. This is very important if the receipt does not specify a refund period. The court will be very interested in information about whether you notified the debtor and whether you put forward a demand, whether you tried to resolve the conflict peacefully, this will give a plus in your favor. Perhaps your debtor will answer you, but the probability is extremely low; most likely, he will simply ignore your letter and make a serious mistake, which will benefit you.

After these steps, we will have to write an application for the issuance of a court order (magistrate or district court, depending on the amount of the loan) or a statement of claim to the court (there is a dispute about the law), taking into account jurisdiction and jurisdiction, receive a summons and represent our interests there. Present all the evidence in the case and take back the court decision that you won. The next step is called enforcement proceedings, this is when the bailiffs do not do their job, and you force them. I will describe it in my next article.

Bankruptcy
Credit Repair
Creditor
Debt & Collection

Family

About the lawyer

Sherstnev Anatoly Anatolievich

Status: Lawyer

Experience in specialty: more than 5 years

In 2014 he graduated from the Novosibirsk Institute of Economics and Management with a degree in Jurisprudence. He defended his diploma with honors on the topic: “Methods for investigating robberies and assaults.”

I specialize in:

  • criminal
  • civil
  • family
  • administrative law.

He began to build his career with the investigation of the Ministry of Internal Affairs. Had experience with cases of crimes against property (theft, fraud, robberies, robberies). He also worked in a large Novosibirsk law firm engaged in general legal practice. Currently, I am engaged in private legal practice and publish articles on various legal topics on my website, as well as on other resources.

“I get pleasure when I understand that I have solved the legal problem of a person who finds himself in a difficult situation.”

Adoption
Annulment
Child Abuse
Child Custody
Child Support
Child Visitation
Divorce & Separation
Domestic Violence
Father's Rights
Marriage

Civil & Human Rights

About the lawyer

Sherstnev Anatoly Anatolievich

Status: Lawyer

Experience in specialty: more than 5 years

In 2014 he graduated from the Novosibirsk Institute of Economics and Management with a degree in Jurisprudence. He defended his diploma with honors on the topic: “Methods for investigating robberies and assaults.”

I specialize in:

  • criminal
  • civil
  • family
  • administrative law.

He began to build his career with the investigation of the Ministry of Internal Affairs. Had experience with cases of crimes against property (theft, fraud, robberies, robberies). He also worked in a large Novosibirsk law firm engaged in general legal practice. Currently, I am engaged in private legal practice and publish articles on various legal topics on my website, as well as on other resources.

“I get pleasure when I understand that I have solved the legal problem of a person who finds himself in a difficult situation.”

Civil Rights
Constitutional Law
Disability
Disability Insurance
Discrimination
Native People
Social Security Disability

Business

About the lawyer

Sherstnev Anatoly Anatolievich

Status: Lawyer

Experience in specialty: more than 5 years

In 2014 he graduated from the Novosibirsk Institute of Economics and Management with a degree in Jurisprudence. He defended his diploma with honors on the topic: “Methods for investigating robberies and assaults.”

I specialize in:

  • criminal
  • civil
  • family
  • administrative law.

He began to build his career with the investigation of the Ministry of Internal Affairs. Had experience with cases of crimes against property (theft, fraud, robberies, robberies). He also worked in a large Novosibirsk law firm engaged in general legal practice. Currently, I am engaged in private legal practice and publish articles on various legal topics on my website, as well as on other resources.

“I get pleasure when I understand that I have solved the legal problem of a person who finds himself in a difficult situation.”

Administrative

Criminal Defense

About the lawyer

Sherstnev Anatoly Anatolievich

Status: Lawyer

Experience in specialty: more than 5 years

In 2014 he graduated from the Novosibirsk Institute of Economics and Management with a degree in Jurisprudence. He defended his diploma with honors on the topic: “Methods for investigating robberies and assaults.”

I specialize in:

  • criminal
  • civil
  • family
  • administrative law.

He began to build his career with the investigation of the Ministry of Internal Affairs. Had experience with cases of crimes against property (theft, fraud, robberies, robberies). He also worked in a large Novosibirsk law firm engaged in general legal practice. Currently, I am engaged in private legal practice and publish articles on various legal topics on my website, as well as on other resources.

“I get pleasure when I understand that I have solved the legal problem of a person who finds himself in a difficult situation.”

Arrests & Searches
Bail Bond Service
Criminal Litigation
Drug Crime
Drunk Driving
Sex Crime
Speeding & Traffic Ticket

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