Monitoring of the Federal Legislation dated 21.11.2006

Decision of the Government of the Russian Federation No. 696 of November 18, 2006 on the Control in the Sphere of Legal Protection and Use of Results of Scientific Research, Design and Technological Works of Civil Destination Carried out at the Expense of Resources of the Federal Budget

Specifies the procedure of implementation of control in the sphere of legal protection and use of results of scientific research, design and technological works of civil destination carried out at the expense of resources of the federal budget.

Control in the sphere of legal protection and use of results of scientific and technical activities is vested in the Federal Service of Intellectual Property, Patents and Trademarks in interaction with state ordering parties and academies of sciences possessing the state status. Subject to control are organisations having at their disposal the rights of the Russian Federation for the results of scientific and technical activities and organisations carrying out scientific research, design and technological works for the federal state needs.

The goal of control measures is providing for the legal protection of the results of scientific and technical activities created at the expense of resources of the federal budget and protection of interests of the Russian Federation in the sphere of intellectual property.

When carrying out control measures, the checking includes the presence in the state contract for the scientific research, design and technological works for the federal state needs of provisions on the distribution of rights for the results of scientific and technical activities, correspondence of the volume of legal protection of the results of works with the contract terms, execution of the terms of the state contract where it pertains to the use of obtained results of works, keeping of the state register of results of scientific and technical activities, use of results of works in own production of the organisation possessing the rights or in the framework of license contracts and the rights cession contracts.

The Decision defines the periods, deadlines and the procedure to carry out control measures, procedure of drawing up of the results of the check.

When revealing the facts of violations of the normative legal acts, provisions of the concluded state contracts, as well as the rights of the Russian Federation, Russian legal entities and natural persons, an order is sent to the checked organisation to eliminate the violations. A notification of the revealed facts of violations may also be sent to the federal body of executive power supervising the checked organisation.

The given control procedure does not apply to the control in the sphere of results of scientific research, design and technological works of military, special and dual-use destination, as well as the results of scientific and technical activities in the agroindustrial complex, animal breeding and plant growing.

Decision of the Plenum of the Higher Arbitration Court of the Russian Federation No. 52 of October 12, 2006 on the Fiscal Control over the Use of Resources of the Federal Budget Allocated to Arbitration Courts of the Russian Federation

Explains the procedure of fiscal control over the use of resources of the federal budget by arbitration courts of the Russian Federation.

The authority of fiscal control over the use of resources of the federal budget by arbitration courts is vested in the Audit Chamber of the Russian Federation and the Federal Service of Financial and Budget Enforcement. The Federal Service of Financial and Budget Enforcement represents in arbitration courts the rights and interests of the Russian Federation in issues of its sphere of reference. Combining the control authority where it pertains to the use of resources of the federal budget by arbitration courts and the authority of the representative of the person participating in proceedings in arbitration courts creates conditions for the conflict of interests and interference in the activities of administration of justice of arbitration courts, provokes mistrust with the persons participating in the case about objective and unbiased decision taking. In this connection, control measures of the mentioned service pertaining to arbitration courts must be carried out proceeding from the constitutional provisions on the delimitation of authority, independence of the bodies of executive and judicial powers, independence of judges in administration of justice.

The Higher Arbitration Court of the Russian Federation, while being the chief administrator of resources of the federal budget, may attract the Federal Service of Financial and Budget Enforcement (with its consent) to control measures to check the use for designated purposes of budget resources by arbitration courts and timely submission of reports. The list of the checked arbitration courts is defined by the Higher Arbitration Court of the Russian Federation, the time limits and volumes of control measures are specified in coordination with the Federal Service of Financial and Budget Enforcement. Extraordinary checks are permitted in exclusive cases on the basis of a separate agreement between the Higher Arbitration Court of the Russian Federation and the Federal Service of Financial and Budget Enforcement. When control measures are carried out by the Audit Chamber of the Russian Federation, the Federal Service of Financial and Budget Enforcement may not interfere.

When carrying out control measures, officials of the Federal Service of Financial and Budget Enforcement may not block court hearings, demand of the judges of the arbitration court any actions or documents, or interfere in any other way in the activities of administration of justice of arbitration courts. If there are violations of the mentioned requirements, the Higher Arbitration Court of the Russian Federation may stop the control measures pertaining to the arbitration court while notifying of it the Federal Service of Financial and Budget Enforcement and the appropriate arbitration court.