Monitoring of the Federal Legislation dated 27.12.2004

Federal Law No. 172-FZ of December 21, 2004 on the Transfer of Lands or Land Plots from One Category to Another

The Law regulates legal relations emerging in cases of changes of the designation of lands. Specifies the procedure of actions of the state bodies and the bodies of local government in the transfer of lands from one category into another: procedure of initiation of the transfer of lands, essence of the requests and terms, time limits for their consideration, adoption of the decisions on the transfer of lands and the content of such decisions, grounds of refusal of transfer, procedure of appealing against the mentioned decisions. Besides, specifies the particulars of transfer of individual categories into other categories, obligatory nature of inclusion of lands in a certain category and the transfer of lands from one category into another before the delimitation of the state property right for the land.

The Federal Law is entered into force from January 5, 2005.

Federal Law No. 171-FZ of December 21, 2004 on the Amendments to the Law of the Russian Federation on the Protection of Consumer Rights and on Invalidation of Item 28 of Article 1 of the Federal Law on the Amendments to the Law of the Russian Federation on the Protection of Consumer Rights

The amendments are aimed mainly at the enhancing of guarantees of implementation of consumers rights. The Law introduces responsibility of importing organisations and independent entrepreneurs for the inappropriate quality of the imported commodities, as well as organisations and independent entrepreneurs authorised to accept and satisfy consumer claims pertaining to quality created or fulfilling respective functions on the basis of the contract with foreign producers.

The Law also includes provisions providing for the protection of consumer rights when the commodities are sold remotely, i.e. when the consumer concludes contracts on the basis of description of commodities available in the catalogues, prospectuses, booklets, photographs, over TV and radio, via Internet or otherwise without permitting the consumer to see the commodity or commodity specimen directly. Such cases envisage additional guarantees of consumer rights - the right to refuse the commodity before its transfer to the consumer and after it within seven days, special requirements to the information on the commodity and the method of its presentation and other.

The amendments also provide for the seller and producer right to introduce additional obligations pertaining to commodity defects revealed after expiry of the guarantee period specified by the producer. The essence of the additional obligation, its period of validity, procedure of implementation of consumer rights is defined by the seller in the contract with the consumer, as well as by the producer - independently.

The Law changes Article 13 of the Law specifying the responsibility of the seller (producer, executor) for the violation of consumer rights. When a court satisfies consumer claims, the producer (executor, seller, authorised organisation or authorised independent entrepreneurs, importer) shall pay the fine of 50% of the amount defined in favour of the consumer by the court for the failure to satisfy consumer claims on the voluntary basis.

The amendments to Article 17 specify that claims of protection of consumer rights may be filed at the place of location of the organisation/place of residence of the independent entrepreneur at the plaintiff choice, or the place of residence or stay of the plaintiff or the place of conclusion or execution of the contract. If the claim pertains to activities of the branch or representation of the organisation, it may be filed at their place of residence.

The provisions of the Federal Law pertaining to the need to convey information on the importer to the consumer are entered into force 90 days after the day of its official publication of the Federal Law.

Federal Law No. 170-FZ of December 21, 2004 on the Amendments to the Federal Law on the Main Guarantees of the Rights of Children in the Russian Federation

The amendments are introduced in the set of notions of the Law: the Law introduces the notions of "leisure and rehabilitation of children" and "organisation of leisure of children and their rehabilitation". The amendments also change Article 13 describing protection of the rights and legal interests of children when the social infrastructure for children is being built.

Federal Law No. 169-FZ of December 21, 2004 on the Amendments to the Federal Law on the Budget of the Pension Fund of the Russian Federation for the Year 2004

According to the amendments, the Pension Fund is permitted to finance in December 2004 the monthly monetary payment to individual categories of citizens entitled for the mentioned payment from January 1, 2005 pursuant to the replacement of the benefits with monetary compensations at the expense of the reserve within the limits of Rbl 8 billion followed by subsequent reimbursement of the mentioned expenses from the federal budget envisaged for transfer to the Fund in January 2005.

The Federal Law is entered into force from the day of its official publication.

Decision of the Government of the Russian Federation No. 833 of December 23, 2004 on the Amendments to the Customs Tariff of the Russian Federation Pertaining to Pipe Fixtures

Refines the rates of the import customs duties for individual types of taps, valves, and similar auxiliaries for pipelines, boilers, tanks and similar capacities. The rate of the import customs duties for such commodities is fixed in the amount of 15% of the customs cost.

The Decision is entered into force from January 1, 2005.

Direction of the Central Bank of Russia No. 1522-U of November 30, 2004 on the Amendments to the Direction of the Bank of Russia No. 1390-U of March 1, 2004 on the Procedure of Informing of the Central Bank of the Russian Federation of the Use of Internet Technologies in Their Work by Credit Organisations

Since Form 0409070 "Information of the Use of Internet Technologies by the Credit Organisation" is envisaged in the Direction of the Bank of Russia No. 1376-U of January 16, 2004 (in the wording of the Direction of the Bank of Russia No. 1481-U of July 27, 2004), the similar form is excluded from the Direction of the Bank of Russia No. 1390-U of March 1, 2004).

The Direction is entered into force 10 days after the day of its official publication in the Herald of the Bank of Russia.

Registered in the Ministry of Justice of the Russian Federation on December 22, 2004. Reg. No. 6223.

Direction of the Central Bank of Russia No. 1521-U of November 30, 2004 on the Amendments to the Regulation of the Bank of Russia No. 242-P of December 16, 2003 on the Organisation of Internal Control in Credit Organisations and Bank Groups

Since Form 0409639 "Certificate of Internal Control in the Credit Organisation" is envisaged in the Direction of the Bank of Russia No. 1376-U of January 16, 2004 (in the wording of the Direction of the Bank of Russia No. 1481-U of July 27, 2004), the similar form is excluded from the Regulation of the Bank of Russia No. 242-P of December 16, 2003.

The Direction is entered into force 10 days after the day of its official publication in the Herald of the Bank of Russia.

Registered in the Ministry of Justice of the Russian Federation on December 22, 2004. Reg. No. 6222.

Order of the Federal Service of Tariff Rates No. 194-e/12 of November 23, 2004 on the Endorsement of the Methodology Directions for the Regulation of Retail Prices for Gas Sold to the Population

Defines the main principles and procedure of generation and regulation of retail prices for gas sold to the population, as well as the housing and construction cooperatives, partnerships of owners of housing and other similar organisations for consumption using local household appliances, except for the volumes of gas used for centralised heating and for commercial purposes.

Defines the principles of generation of retail prices for the natural gas, procedure of calculation of retail prices and their fixing. Provides recommended coefficients to differentiate the regional component of the retail prices by gas consumers.

Registered in the Ministry of Justice of the Russian Federation on December 17, 2004. Reg. No. 6212.

Order of the Ministry of Information Technologies and Communication of the Russian Federation No. 26 of November 9, 2004 on the Entry into Force of the Procedure of Assigning of the Postal Indices to the Objects of Postal Communication of Organisations of the Federal Postal Service

Lists the documents submitted by the organisation of the federal postal service to the Federal Communication Agency when the decisions are taken to create, locate, change the working regime, eliminate the objects of postal communication to obtain, change or withdraw the postal index of the object of postal communication. The decision to issue, change or withdraw the postal index of the object of postal communication or to refuse to implement the suggested changes is taken by the Federal Communication Agency within 15 days from the date of receiving of these documents.

Registered in the Ministry of Justice of the Russian Federation on December 17, 2004. Reg. No. 6205.