Monitoring of the Federal Legislation dated 4.02.2005

Decision of the Constitutional Court of the Russian Federation of February 3, 2005 on the Case of Constitutionality of Provisions of Article 4 and Part 2 of Article 9 of the Federal Law on the Plant Quarantine Pursuant to the Request of the Legislative Assembly of the Krasnodar Territory

According to the applicant, provisions of Article 4 of the Federal Law on the plant quarantine introduce exclusive authority of the Russian Federation to provide for the plant quarantine measures thus violating the constitutional right of the Krasnodar Territory as a subject of the Russian Federation in the given common sphere of reference of the Russian Federation and its subjects affecting the implementation of the state enforcement of plant quarantine measures on its territory.

The applicant also challenged the provisions of Part 2 of Article 9 of the mentioned Law prohibiting the import to the territory of the Russian Federation of the products covered by quarantine measurers (except for the cases envisaged in the plant quarantine rules and norms) infected with quarantine objects if the plant quarantine rules and norms are violated at import. According to the applicant, such wording permits to introduce an exception from the general rule in a subordinate act.

The Constitutional Court of the Russian Federation emphasised that the challenged provisions of Article 4 specify particular authority of the Russian Federation to provide for plant quarantine. The right of the federal legislator to introduce such authority, both in the sphere of reference of the Russian Federation and in the common sphere of reference of the Russian Federation and its subjects, is implied directly in the Constitution of the Russian Federation. Meanwhile, Article 76 (Part 2) of the Constitution of the Russian Federation permits the subjects of the Russian Federation to adopt own laws and other normative legal acts in compliance with the federal laws. The given constitutional provision is recorded in Article 3 of the Law on the plant quarantine which includes in the legislation of the Russian Federation on plant quarantine together with the acts of the federal level also the normative legal acts of the subjects of the Russian Federation.

The provision of Part 2 of Article 9 "except for the cases envisaged in the plant quarantine rules and norms" is a direct norm of the federal law. The given norm suggests that appropriate rules and norms must be specified in the federal law.

Proceeding from the above, the Constitutional Court of the Russian Federation recognised as not contradicting the Constitution of the Russian Federation provisions of Article 4 and Part 2 of Article 9 of the Federal Law on the plant quarantine.

The Decision of the Constitutional Court of the Russian Federation is entered into force immediately after annunciation.

Decree of the President of the Russian Federation No. 116 of February 2, 2005 on Some of the Acts of the President of the Russian Federation Being Brought in Compliance with the Federal Law on Insolvency (Bankruptcy)

Individual acts of the President of the Russian Federation regulating the issues of insolvency (bankruptcy) are invalidated from the day of official publication of the Decree. Being invalidated are, in particular, the Decrees of the President of the Russian Federation No. 471 of April 21, 1993 on additional measures to protect labour rights of the citizens of the Russian Federation, No. 1114 of June 2, 1994 on the sale of the debtor state enterprises, No. 1210 of August 18, 1996 on the measures to protect the rights of stock-holders and ensure the interests of the state as a proprietor and stock-holder and a number of other.

Decree of the President of the Russian Federation No. 113 of February 1, 2005 on the Procedure of Assigning and Preservation of the Class Grades of the State Civil Service of the Russian Federation to the Federal State Servants

Defines the procedure of assigning and preservation of the class grades of the state civil service of the Russian Federation for the federal state servants. The class grade may be the first one or subsequent. The first class grade of the civil service is assigned to the federal civil servant if he does not have one. In this case, the class grade of another type of state service, diplomatic rank, military or special grade having been assigned to the federal civil servant at the previous place of state service of the Russian Federation is taken into account. The subsequent class grade is assigned to the federal state servant upon expiry of the time limit specified for the civil service in the previous class grade under the condition that he occupies a position of the civil service permitting to get a class grade equal to or higher than that class grade assigned to the federal state servant.

The earlier assigned qualification grades to the federal state servants in compliance with the Decree of the President No. 578 of April 22, 1996 are considered to be corresponding to the class grades of the state civil service of the Russian Federation (a table of correspondence is provided).

From the day of assigning to the federal state civil servant of the class grade of the state civil service of the Russian Federation, he is entitled for the monthly salary in compliance with the assigned class grade (salary for the class grade).

The Decree is entered into force February 1, 2005 with exceptions.

Decree of the President of the Russian Federation No. 112 of February 1, 2005 on the Contest for the Vacant Position of the State Civil Service of the Russian Federation

Defines the procedure and terms of arranging of the contest for the vacant position of the state civil service of the Russian Federation in the federal state body, state body of the subject of the Russian Federation or their offices. The contest provides for the implementation of the right of the citizens of the Russian Federation for an equal access to the state service, as well as the right of the state civil servants for promotion on a contest basis.

The Decree lists the cases when the contest is not arranged (for example, when concluding a fixed-term service contract).

The Decree is entered into force from February 1, 2005.

Decree of the President of the Russian Federation No. 111 of February 1, 2005 on the Procedure of Passing of the Qualification Examination by the State Civil Servants of the Russian Federation and Assessment of Their Knowledge and Skills (Professional Level)

Defines the procedure of passing of the qualification examination by the state civil servants of the Russian Federation occupying positions of the state civil service of the Russian Federation in the federal state body, state body of the subject of the Russian Federation or their offices, as well as the procedure of assessment of the knowledge and skills (professional level) of civil servants. The qualification examination is taken by the civil servants occupying without restriction of the period of authority positions of the civil service of categories "specialists" and "supporting specialists", as well as positions of the civil service of the category "heads" included in the chief and leading groups of positions of the civil service.

The qualification examination is arranged as soon as necessary, however, not more than once a year and not less than once in three years.

Order of the Ministry of Justice of the Russian Federation No. 7 of January 28, 2005 on the Endorsement of the Regulation on the Directorate of the Ministry of Justice of the Russian Federation in the Federal District and the List of Directorates of the Ministry of Justice of the Russian Federation in the Federal Districts

The directorate of the Ministry of Justice of Russia is a territorial body of the Ministry of Justice of Russia providing for the implementation in the federal district of the worked out state policy in the specified sphere of activities, as well as the sphere of execution of criminal punishments, advocacy and notary activities, providing for the specified procedure of work of the courts and execution of judicial acts and the acts of other bodies, registration of the rights for immovable property and transactions with it, registration of public associations, religious organisations and political parties, as well as coordination and control of activities of the territorial bodies of the Federal Service of Execution of Punishments, Federal Registration Service, Federal Bailiff Service subordinate to the Ministry of Justice of Russia.

The Order lists directorates of the Ministry of Justice of Russia in the federal districts.

Registered in the Ministry of Justice of the Russian Federation on January 28, 2005. Reg. No. 6275.