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Monitoring of the Federal Legislation dated 1.11.2006
Decision of the Government of the Russian Federation No. 630 of October 27, 2006 on the Endorsement of the Rules of Application of Individual Security Measures Pertaining to Victims, Witnesses and Other Participants of Criminal Proceedings <br>
The endorsed rules shall regulate application of individual security measures pertaining to persons protected by the bodies of internal affairs, bodies of the Federal Security Service, customs bodies, institutions and bodies of the criminal execution system, bodies of control of circulation of narcotics, as well as the command of appropriate military units in the criminal cases processed by them or by courts or the prosecutor office.
The mentioned bodies shall choose independently the necessary security measures and determine the methods of their application, which is recorded in the decision drawn up according to the provided form. The chosen security measures, their changing and results of application are reported by the body implementing the security measures (while observing confidentiality of information on the protected person) to the court (judge), prosecutor, chief of the body of investigation or the investigator processing the application (report) of the crime or the criminal case.
The mentioned bodies may provide for the personal security of the protected person, as well as protection of his place of residence and property. To provide for self-defence and personal security, the protected person may get, if necessary, a body armour, electric strike, gas balloon, as well as a portable radio device, cellular phone and/or a pager.
Replacement of personal identification documents, other documents for the protected person to change the name and other information, as well as a change of appearance of the protected person, are used only in cases of heavy and specially heavy crimes and only if the security may not be ensured by other means.
The mentioned bodies shall choose independently the necessary security measures and determine the methods of their application, which is recorded in the decision drawn up according to the provided form. The chosen security measures, their changing and results of application are reported by the body implementing the security measures (while observing confidentiality of information on the protected person) to the court (judge), prosecutor, chief of the body of investigation or the investigator processing the application (report) of the crime or the criminal case.
The mentioned bodies may provide for the personal security of the protected person, as well as protection of his place of residence and property. To provide for self-defence and personal security, the protected person may get, if necessary, a body armour, electric strike, gas balloon, as well as a portable radio device, cellular phone and/or a pager.
Replacement of personal identification documents, other documents for the protected person to change the name and other information, as well as a change of appearance of the protected person, are used only in cases of heavy and specially heavy crimes and only if the security may not be ensured by other means.
Decision of the Plenum of the Supreme Court of the Russian Federation No. 18 of October 24, 2006 on Certain Issues of Application of the Special Part of the Code of Administrative Violations of the Russian Federation Emerging with the Courts <br>
The Plenum of the Supreme Court of the Russian Federation prepared explanations on the issues of application in court disputes of individual provisions of certain chapters of the Code of Administrative Violations of the Russian Federation combining administrative violations in the sphere of highway traffic, entrepreneurial activities, finance, taxes and fees, securities market, as well as the customs sphere (violations of the customs rules).
The Decision provides explanations on determination of the subjects of the above categories of violations, particulars of qualification of individual wrongful acts, particulars permitting to differentiate certain violations, circumstances affecting the qualification or omitted in qualification, as well as the issues of assigning individual punishments for these or those categories of violations.
Thus, it is emphasised, in particular, that in the determination of the subject of violations in the sphere of highway traffic one should keep in mind that the driver is the person operating the transport vehicle regardless of the whether he does have the right to operate the transport vehicle of all categories or only certain category or does not have this right at all. The driver is also assumed to be the person teaching to drive.
The sanction in the form of the deprivation of the right to drive a transport vehicle may not apply to the person who does not have it.
A refusal of certification of drunk driving is not only a refusal of certification in general, but also a refusal of this or that type of investigation in the framework of certification.
When qualifying the violations envisaged in Article 14.1 of the Code of Administrative Violations of the Russian Federation (carrying out entrepreneurial activities without registration or without the special permission (license), it is necessary to keep in mind that the presence or absence of incomes from activities is of no significance for the purpose of qualification, since making profit is the goal of the given activities, not an obligatory result.
An independent entrepreneur may not be called to account for the violation of the time limit of registration in the tax body (Article 15.3 of the Code of Administrative Violations of the Russian Federation) as an official even in the case when he fulfils independently appropriate official duties.
When assigning a punishment in the form of a fine for concealing commodities from customs control through the use of hiding places (Part 2 of Article 16.1 of the Code of Administrative Violations of the Russian Federation) one should keep in mind that the transport vehicle used to hide the commodities may be regarded as an instrument of the administrative violation. Hence, confiscation of the given transport vehicle in such cases is obligatory when assigning the punishment.
The Decision provides explanations on determination of the subjects of the above categories of violations, particulars of qualification of individual wrongful acts, particulars permitting to differentiate certain violations, circumstances affecting the qualification or omitted in qualification, as well as the issues of assigning individual punishments for these or those categories of violations.
Thus, it is emphasised, in particular, that in the determination of the subject of violations in the sphere of highway traffic one should keep in mind that the driver is the person operating the transport vehicle regardless of the whether he does have the right to operate the transport vehicle of all categories or only certain category or does not have this right at all. The driver is also assumed to be the person teaching to drive.
The sanction in the form of the deprivation of the right to drive a transport vehicle may not apply to the person who does not have it.
A refusal of certification of drunk driving is not only a refusal of certification in general, but also a refusal of this or that type of investigation in the framework of certification.
When qualifying the violations envisaged in Article 14.1 of the Code of Administrative Violations of the Russian Federation (carrying out entrepreneurial activities without registration or without the special permission (license), it is necessary to keep in mind that the presence or absence of incomes from activities is of no significance for the purpose of qualification, since making profit is the goal of the given activities, not an obligatory result.
An independent entrepreneur may not be called to account for the violation of the time limit of registration in the tax body (Article 15.3 of the Code of Administrative Violations of the Russian Federation) as an official even in the case when he fulfils independently appropriate official duties.
When assigning a punishment in the form of a fine for concealing commodities from customs control through the use of hiding places (Part 2 of Article 16.1 of the Code of Administrative Violations of the Russian Federation) one should keep in mind that the transport vehicle used to hide the commodities may be regarded as an instrument of the administrative violation. Hence, confiscation of the given transport vehicle in such cases is obligatory when assigning the punishment.
Order of the Ministry of Internal Affairs of the Russian Federation No. 743 of September 20, 2006 on the Monetary Subsistence of Certain Categories of the Federal State Civil Servants <br>
Pursuant to the adoption of the Federal Law on the state civil service of the Russian Federation, the Decree of the President of the Russian Federation No. 763 of July 25, 2006 specified the amounts of the monetary subsistence for the federal state civil servants, in particular, the amounts of the monthly salaries, monthly monetary awards, monthly mark-ups for the length of service and for the work with information comprising the state secret. The given payments apply in full amount to the federal state civil servants of the central office of the Ministry of Internal Affairs of Russia and are made from August 1, 2006.
The civil servants of the central office of the Ministry of Internal Affairs of Russia shall also get bonuses for the specially important and complex tasks, the monthly mark-up for the special conditions of civil service. The amount of the bonus for the specially important and complex tasks is determined depending on the results of activities of the civil servant in percent of the salary of the monetary subsistence and does not have maximum restrictions. The monthly mark-up for the special conditions of civil service is introduced as a material incentive for the most qualified, competent, responsible and enterprising civil servants fulfilling their functional duties, as a rule, in other than normal conditions (complexity, urgency and improved quality of work, special working regime and schedules, mastering and use of technical devices, foreign languages). The amount of the mark-up depends on the occupied position.
The federal state civil servants of the central office of the Ministry of Internal Affairs of Russia may get annual material aid in the amount of one salary of the monetary subsistence. In exclusive cases (natural disasters, disease, death of close relatives and other justifiable reasons), an additional material aid may be rendered.
Besides, when getting the annual paid leave, the mentioned civil servants shall get lumpsum payments in the amount of 2 salaries of the monthly monetary subsistence.
Since qualification grades are revoked and class grades of the state civil service are introduced, civil servants who had qualification grades will get, before being assigned class grades, the monthly mark-up to the salary for the occupied position for the qualification grade in the amount of the salary for the appropriate class grade.
The persons having occupied state positions of the federal state service and re-assigned with their consent to positions of the federal state civil service in the central office of the Ministry of Internal Affairs of Russia with lower salaries for the occupied position shall preserve the salaries for the occupied positions as of August 1, 2006 during their work in the new position. The preserved salaries for the occupied position shall be paid out to the mentioned persons before they get the right for a higher salary for the occupied position because of its increase (indexing) or being assigned to the position of the federal civil service with a higher salary for the occupied position.
Registered in the Ministry of Justice of the Russian Federation on October 27, 2006. Reg. No. 8406.
The civil servants of the central office of the Ministry of Internal Affairs of Russia shall also get bonuses for the specially important and complex tasks, the monthly mark-up for the special conditions of civil service. The amount of the bonus for the specially important and complex tasks is determined depending on the results of activities of the civil servant in percent of the salary of the monetary subsistence and does not have maximum restrictions. The monthly mark-up for the special conditions of civil service is introduced as a material incentive for the most qualified, competent, responsible and enterprising civil servants fulfilling their functional duties, as a rule, in other than normal conditions (complexity, urgency and improved quality of work, special working regime and schedules, mastering and use of technical devices, foreign languages). The amount of the mark-up depends on the occupied position.
The federal state civil servants of the central office of the Ministry of Internal Affairs of Russia may get annual material aid in the amount of one salary of the monetary subsistence. In exclusive cases (natural disasters, disease, death of close relatives and other justifiable reasons), an additional material aid may be rendered.
Besides, when getting the annual paid leave, the mentioned civil servants shall get lumpsum payments in the amount of 2 salaries of the monthly monetary subsistence.
Since qualification grades are revoked and class grades of the state civil service are introduced, civil servants who had qualification grades will get, before being assigned class grades, the monthly mark-up to the salary for the occupied position for the qualification grade in the amount of the salary for the appropriate class grade.
The persons having occupied state positions of the federal state service and re-assigned with their consent to positions of the federal state civil service in the central office of the Ministry of Internal Affairs of Russia with lower salaries for the occupied position shall preserve the salaries for the occupied positions as of August 1, 2006 during their work in the new position. The preserved salaries for the occupied position shall be paid out to the mentioned persons before they get the right for a higher salary for the occupied position because of its increase (indexing) or being assigned to the position of the federal civil service with a higher salary for the occupied position.
Registered in the Ministry of Justice of the Russian Federation on October 27, 2006. Reg. No. 8406.
Letter of the Central Bank of Russia No. 01-13-5/3805 of October 24, 2006 on the List of Organisations <br>
The list of organisations whose promissory notes (claims rights under credit contracts) may be accepted as a security for the credits of the Bank of Russia, as well as organisations that may act as guarantors for the promissory notes (claims rights under credit contracts) accepted as a security for the credits of the Bank of Russia, shall include the open-type joint-stock company Magnitogorsk Metallurgical Integrated Works (OAO MMK).
Letter of the Central Bank of Russia No. 36-3/1993 of October 17, 2006 <br>
Explains the status of the Letter of the Central Bank of Russia No. 08-17/2540 of July 17, 2006 having applied to independent entrepreneurs the limiting amount of payments in cash between legal entities under one transaction specified in the Direction of the Bank of Russia No. 1050-U of November 14, 2001.
The Bank of Russia explained that the given Letter is a reply to the particular request of the Federal Tax Service, is not being a normative act of the Bank of Russia and may not be applied as such.
The Bank of Russia explained that the given Letter is a reply to the particular request of the Federal Tax Service, is not being a normative act of the Bank of Russia and may not be applied as such.
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