Аннотация: A possible default of the Russian Federation and my fourth application to the RF Ministry of Finance. A diary note.
A possible default of the Russian Federation and my fourth application to the RF Ministry of Finance. A diary note.
In October 2021, I was amazed by the absence of one of the objects of taxation in the tax notice that I received during my personal visit to the Tax Inspectorate.
Impressed by this event, I - initially - applied to the Interregional Tax Inspectorate, to the Federal Tax Service for the Rostov Oblast, to the Federal Tax Service of the Russian Federation, to the Ministry of Finance of the Russian Federation with the main question - with a request to protect the tax interests of the state (to resolve issues of restoring the property in the "tax base" and of full payment of taxes).
In the process of correspondence, I received information that my ownership of the relevant property was terminated from June 03, 2019. Gradually, I became a supporter of receiving compensation for my property.
The topic of protecting tax interests has not disappeared anywhere. But a person has a limited "volume of resource" (and, besides, I am not a civil servant who receives a salary for protecting public interests). It somehow happened that the topic of compensation came to the fore (and the topic of protecting the tax interests of the state receded into second place).
The Ministry of Finance of the Russian Federation is an organization loaded with a variety of cases.
My statement (that I lost the right of ownership to the property in question), which was based on the information that I received from the tax authorities, -this statement the Ministry apparently decided to check further.
Some person would have been skeptical about the need for additional verification. But everywhere caution, diligence, precision are needed - so let's not question the need for additional verification.
Due to the load of a variety of cases, the Ministry of Finance turned this particular issue into the main issue (the fact that I lost my ownership of the relevant property in question) - although this issue was (already) clear and obvious to lower tax authorities.
At least, I think that this issue has become the main one - my applications for the protection of the tax interests of the state and for the payment of compensation to me were transferred from the Ministry of Finance of the Russian Federation for consideration to the system of Rosreestr. (Rosreestr, as I can imagine, is in the system of the Ministry of Economy of the Russian Federation).
Naturally, Rosreestr cannot solve any of the main issues: it is not empowered to protect the tax interests of the state, it is not empowered to pay me compensation for the property.
But Rosreestr has the right to check - was I really deprived of the right of ownership to the relevant property?
Rosreestr checked. Yes, indeed, everything is correct. That is exactly what they wrote (already) to me from the tax authorities: my ownership of the object in question was terminated on June 3, 2019.
In addition, Rosreestr kindly offered me (or, to be more precise, explained the right to me) to apply for registration of property rights.
At this point of reasoning, I will digress for a while from the topic of protecting the tax interests of the state and from the question of paying me compensation.
Until the moment I lost my ownership of the relevant property, I (from a formal point of view) was the full owner. (If we discuss the actual side - my real position in the current legal system, then such conversations will turn out to be a very long event).
Then, on June 3, 2019 - completely without any initiative of mine, I was deprived of my right to own the property in question.
They explain to me in a response from Rosreestr (response dated April 8, 2022) that I have the right to collect the necessary documents and submit them for registration - along with an application for registration of property rights.
In the answer dated April 8, 2022, this thesis takes several lines.
In reality, this is a lot of worries. In real estate firms, these cases are handled by a person called a "document management specialist" - this is a separate specialist with knowledge of the details, algorithms, officials ... This is a person with a working day and a salary ...
And besides this knowledge, the expenditure of time and energy, - besides all this, with the 'new' registration of ownership, the interested person also needs to spend a lot of money ...
What looks like a few lines in the answer from the Rosreestr system is in reality a lot of work and high costs ...
Until June 3, 2019, from a formal point of view, I was a full-fledged owner. And after June 3, 2019, I 'received' the termination of ownership and the right to start a "trip" through 'administrative circles' with expenses of money, time and efforts.
Suppose, if I agreed to submit an application for registration of property rights 'again', then who would compensate me for the moral and financial costs? Someone solves their problems - and I am the "responsible person" in this scheme?
In addition, no document is indisputable, ideal. Example: in one of the documents received from the Rosreestr system, the surname 'Zelessky' is written ...
And if there are no ideal documents, then the registrar, to whom I would bring a set of documents along with an application for 're-registration', might well find something that would give him reason to suspend registration and suggest (me) to correct the shortcomings.
But the documents were prepared not by me, but by other organizations.
Do you feel perspective?
I can only hope that in the Rosreestr system, my modest person would be treated with understanding and condescension (in the conditional, assumed situation), and no obstacles (if I would submitted documents) would be arise.
So, after discussing the topic of a 'simple event' - 're-applying' for registration of property rights - we return to the main topic: to the protection the tax interests of the state and to the payment to me a compensation.
Due to the workload, my applications were sent by the Ministry of Finance of the Russian Federation to the system of Rosreestr (Ministry of Economics?) .
How can I understand this?
The Ministry of Finance of the Russian Federation will now [after April 8, 2022] receive from Rosreestr the information that was already known to the tax authorities (my ownership was terminated on June 3, 2019), and will it begin to protect the tax interests of the state and will pay me compensation?
Or did the Ministry of Finance of the Russian Federation, due to its workload, forward my applications to Rosreestr - and, together with my applications, - questions about protecting the tax interests of the state and paying me compensation? (But these issues are outside the competence of Rosreestr).
Should I write a fourth application to the Ministry of Finance of the Russian Federation or not?
It is clear that in the Ministry of Finance - after the actual loss of about half of the gold and foreign exchange reserves - there are many problems even without my appeals. In addition, in the event of a default being declared (due to a possible non-fulfillment of obligations on Eurobonds), the Ministry of Finance of the Russian Federation sees prospects for judicial appeals (payment bank documents confirming the efforts of the Russian Federation to pay both in foreign currency and in rubles will be submitted to the courts for consideration!).
But if I take the noble pose of such an administrative philanthropist, stop disturbing the Ministry of Finance of the Russian Federation with my statements - issues of protecting the tax interests of the state and of paying me compensation - will this help the Ministry of Finance of the Russian Federation to return the actually lost (approximately) half of the gold and foreign exchange reserves and win in court proceedings on about the default?
(In itself, the payment of compensation, it seems, - if you focus on the materials of local radio - is not a difficult matter. For residents of a multi-storey apartment building (next to the "old" bus station) - if I understand correctly - it is enough to leave [to depart] the apartment and to express readiness to receive [to take, to accept] financial means. (Maybe journalists are simplifying the situation? Or did I misunderstand something?)) In my case, both conditions were met: I departed the relevant object, and I expressed my willingness to receive [to take, to accept] financial means.)
In general, I need to decide: should I apply to the Ministry of Finance of the Russian Federation with a fourth statement?
(Even though I try not to to "dive into" the current legal situation, it seems that I have a job of a "legal character" for the next few days. 'Tens of millions of new high-tech jobs' ... My gratitude to the state!!! Of course, the pension reform is a little frustrating - a means to live are needed?).
April 11, 2022 10:15
Translation from Russian into English: April 11, 2022 12:54.
Владимир Владимирович Залесский 'Возможный дефолт РФ и моё четвертое заявление в Министерство финансов РФ. Дневниковая заметка'.
{ 2906. Возможный дефолт РФ и моё четвертое заявление в Министерство финансов РФ. Дневниковая заметка.
MMDCCCLXXVI. A possible default of the Russian Federation and my fourth application to the RF Ministry of Finance. A diary note. }