Monitoring of the Federal Legislation dated 25.03.2004

Decision of the Plenum of the Supreme Court of the Russian Federation No. 1 of March 5, 2004 on the Application of the Norms of the Code of Criminal Procedures of the Russian Federation by Courts

Explains individual issues of application of certain norms of the Code of Criminal Procedures emerging in judicial practice.

Thus, the passing of a sentence may not be regarded as a violation of the rights of the culprit for protection if the refusal from defence was declared in writing or recorded in the protocol of the appropriate procedural action.

Detention as a restraint measure may be used only if there is no opportunity to use another, softer restraint. In this case, the court should specify the reasons of such detention. Such circumstances may include information permitting to suggest that the suspect, accused can abscond from the bodies of investigation or court, falsify the testimony, exert influence on the victim, witnesses etc. The judge may choose a detention of the suspect as a measure of restraint in the course of the preliminary hearings at the request of the party or at the own initiative.

The Decision emphasises that the right to appeal against the court ruling is vested not only in the state prosecutor but also in the higher ranking prosecutor who did not participate in the court hearings.

If the culprit does not agree to certain episodes of the accusation or does not agree to the substantiation or the volume of the civil case, his request for the judgement without court hearings may not be satisfied. In this case, the case must be considered on common grounds.

Order of the State Customs Committee of the Russian Federation No. 45 of January 19, 2004 on the Amendments to the Order of the State Customs Committee of Russia No. 831 of August 21, 2001

Amends the Order specifying the particulars of the customs control over the import and export of ethyl alcohol, alcoholic and alcohol-containing edible products. The new wording is provided for the list of ethyl alcohol, alcoholic and alcohol-containing products. These products are released only under the condition of presenting to the customs bodies of the licenses for the export/import, storage and supplies of the mentioned products.

The Decision does not apply to the commodities placed under the customs regimes of international customs transit, moving of supplies, to commodities moved by natural persons for personal, family, household, and other needs other than entrepreneurial activities.

Registered in the Ministry of Justice of the Russian Federation on March 15, 2004. Reg. No. 5678.

Order of the State Customs Committee of the Russian Federation No. 272 of March 4, 2004 on the Amendments to the Order of the State Customs Committee of Russia No. 1014 of September 15, 2003

Amends the Order specifying the procedure of issue of permissions to process commodities on the customs territory. Provides the new wording for the form of the permission. Specifies that after the official of the customs body puts the stamp "Release Permitted" on the cargo customs declaration, the third and forth copies of the cargo customs declaration are used as the permission for the processing of commodities on the customs territory.

The Order is entered into force 10 days after the day of its official publication.

Registered in the Ministry of Justice of the Russian Federation on March 12, 2004. Reg. No. 5675.