Monitoring of the Federal Legislation dated 21.02.2002

Decision of the Constitutional Court of February 19, 2002 In the Case For Verification of the Constitutionality of Individual Provisions of Article 15 of the Law of the Russian Federation of June 26, 1992 On the Status of Judges in the Russian Federation, Article 2 of the Federal Law of June 21, 1995 On the Introduction of Changes and Amendments in the Law of the Russian Federation On the Status of Judges in the Russian Federation and Part One of Article 7 of the Federal Law of January 10, 1996 On Additional Guarantees of Social Protection of Judges and Staff Employees of the Courts of the Russian Federation In Connection With Complaints of Several Citizens - Judges and Retired Judges

The claimants challenged the norms under which the awarding to a retired judge of a monthly life maintenance is possible only provided he or she had retired from the position of a judge. Besides, the claimants challenged the norms of law under which the retirement of a judge is qualified as an honorary resignation or honorary release of a judge from a position and also the norms on the provision of a monthly life maintenance only to judges who retired from that position on an old-age pension, disregarding that an ex-judge may be on a disability pension.
The Constitutional Court of the Russian Federation underlined that the law-maker may not seek to restrict the existing rights to a monthly life maintenance of judges who, under the provisions of the Federal Law On the Status of Judges in the Russian Federation were entitled to that financial maintenance regardless of the time of discontinuation of the powers of a judge and his or her resignation.
The Constitutional Court of the Russian Federation ruled to declare provisions of Article 2 of the Federal Law of June 21, 1995 On the Introduction of Changes and Amendments to the Law of the Russian Federation On the Status of Judges in the Russian Federation to be not contradictory to the Constitution of the Russian Federation, as they may not serve as a basis to deny judges who enjoy the statutory length of service as a judge and who resigned or retired on pension for reasons compatible with the status of a retired judge, the right to receive a monthly life maintenance upon reaching by them, including after the resignation from a judge's position of the age of 50 or 55 (for women and men, respectively), which is likewise not prevented by the fact that prior to the reaching of the said age, the retiree may have been engaged in other activities not forbidden to a judge.

Order of the State Customs Committee of the Russian Federation No. 1255 of December 27, 2001 On the Approval of Rules of Customs Clearance and Customs Control of Aircraft

It establishes the procedure for customs clearance and customs control of aircraft conveying across the customs border of the Russian Federation passengers and goods, including the luggage and international postal parcels under contracts of international conveyance. It specifies the peculiarities of customs clearance of aircraft in accordance with customs regimes of temporary importation (exportation) with either complete or partial exemption from customs duties and taxes or of transit, etc.
The order shall become effective upon the expiration of 30 days after its official publication.
Registered with the Ministry of Justice of the Russian Federation in February 18, 2002. Registration No. 3254.

Information Letter of the Presidium of the Higher Arbitration Court of the Russian Federation No. 67 of January 21, 2002 "Overview of the Practice of Consideration by Arbitration Courts of Disputes Associated with the Application of Norms On the Contract Of Pledge and Other Pledge-Covered Transactions with Securities

The overview deals with issues associated with the application of norms on the contract of pledge and other pledge-covered transactions involving securities. In part, it clarifies that the transfer of a bill of exchange to the holder of pledge on the basis of a contract of pledge without execution of a pledge endorsement is not conflicting with the norms of civil legislation and that on bills of exchange. The giver of pledge shall, upon fulfillment of its principal obligation, have the right to claim the return to it of the pawned bill of exchange also when the bill was given to the pledge holder with a blank endorsement. In case a creditor is offered as pledge a promissory note under which he used to be a debtor and a giver of the note, the obligations under the principal contract may not be terminated by an offset, provided the note was put in a pledge by a third person.

Agreement On Termination of Agreement On the Delimitation of Objects of Competence and Powers Between Bodies of State Authority of the Russian Federation and Bodies of State Authority of the Republic of Mariy El (Moscow, December 31, 2001)

As from February 21, 2002 it terminates the Agreement signed in May 20, 1998 in Moscow in connection with it having attained its goals.
The text of the Agreement was published in the Rossiyskaya Gazetta newspaper No. 34 of February 21, 2002.

Letter of the Ministry of Taxation of the Russian Federation No. VG-6-02/160@ of February 8, 2002 On Advance Payments of the Profit Tax

It clarifies the procedure for payment of the profit tax by organizations as advance payments and the procedure for charging penalties in case of non-performance by taxpayers of the obligation to make those payments.