Monitoring of the Federal Legislation dated 23.11.2005

Decision of the Constitutional Court of the Russian Federation No. 11-P of November 17, 2005 on the Case of Constitutionality of Part 3 of Article 292 of the Code of Arbitration Procedures of the Russian Federation Pursuant to Appeals of the State Institution of Culture "October Revolution House of Culture", Open-Type Joint-Stock Company Centroneftekhimremstroy, Citizen A.A.Lysogor and the Administration of the Tula Province

According to the challenged norm, application or proposal to revise a judicial act as an enforcement measure may be submitted to the Higher Arbitration Court of the Russian Federation within the time limit not greater than 3 months after the day of entry into force of the recent judicial act adopted on the given case if other opportunities to check the legality of the mentioned act are exhausted. Earlier, the Higher Arbitration Court of the Russian Federation returned applications suggesting a revision of judicial acts on their cases as an enforcement procedure because of expiry of the time limit envisaged in the law. It also refused to examine appeals to restore the mentioned time limit, since such opportunity is not envisaged in the Code of Arbitration Procedures of the Russian Federation.

The Constitutional Court emphasised that the time limit specified in Part 3 of Article 292 of the Code of Arbitration Procedures is in line with enforcement procedures in arbitration process, does not prevent interested parties from enjoying the right to challenge a judicial act to correct a judicial error and may not be regarded as violating constitutional rights and freedoms.

However, Part 3 of Article 292 of the Code of Arbitration Procedures (in the wording of July 24, 2002), as not permitting - according to available judicial practice - to restore the time limit to revise an act of the arbitration court, is recognised as not complying with the Constitution of the Russian Federation.

The Decision is entered into force immediately after annunciation.

Order of the Ministry of Finance of the Russian Federation No. 108n of August 26, 2005 on the Amendments to the Order of the Ministry of Finance of the Russian Federation No. 79n of August 21, 2003 on the Endorsement of the Typical Form of the Agreement on Mutual Certification of Signatures

The typical agreement on mutual certification of signatures endorsed by the Order of the Ministry of Finance of the Russian Federation No. 79n of August 21, 2003 is being brought in compliance with the latest changes in the legislation. According to the mentioned agreement, the Pension Fund orders the organisation to accept applications of the insured to transfer from one non-state pension fund to another such fund providing obligatory pension insurance. The agreement may be concluded with credit organisations, communication organisations, non-state pension funds engaged in activities in obligatory pension insurance that may certify the signatures of any natural persons applying to them, as well as with employer organisations that may certify the signatures of natural persons engaged in labour relations with them.

Registered in the Ministry of Justice of the Russian Federation on November 16, 2005. Reg. No. 7177.

Order of the Federal Treasury No. 13n of August 19, 2005 on the Measures to Implement the Decree of the President of the Russian Federation No. 528 of May 8, 2001 on Certain Measures to Enhance Legal Services of State Bodies

Lawyers or executives with a higher legal education occupying certain positions in the central office of the Federal Treasury shall get a monthly mark-up from September 1, 2005 in the amount of 70% of the salary for the occupied position.

Registered in the Ministry of Justice of the Russian Federation on November 16, 2005. Reg. No. 7167.