Monitoring of the Federal Legislation dated 3.04.2002

Decision of the Constitutional Court of the Russian Federation of April 2, 2002 on the Case of Constitutionality of Individual Provisions of the Law of the Krasnoyarsk Territory on the Procedure of Recall of a Deputy of the Representative Body of the Local Government and the Law of the Koryakiya Autonomous District on the Procedure of Recall of a Deputy of the Representative Body of the Local Government, Elective Official of the Local Government in the Koryakiya Autonomous District Pursuant to the Appeals of Applicants A.G.Zlobin and Y.A.Khnayev

The Constitutional Court of the Russian Federation has recognized as not complying with the Constitution of the Russian Federation the provisions of the above Laws specifying as the grounds for recall of a deputy the "loss of confidence of the electorate" (Article 1 of the Law of the Krasnoyarsk Territory and Item 1 of Article 2 of the Law of the Koryakiya Autonomous District) because they permit to apply the recall not pertaining to particular decisions or actions (failure to act) that may be subject to or challenged by a court ruling.
The Constitutional Court of the Russian Federation also acknowledged as not complying with the Constitution of the Russian Federation the provisions of Item 1 of Article 11 of the Law of the Krasnoyarsk Territory on the procedure of recall of a deputy of the representative body of the local government pertaining to the fixing of the number of signatures necessary for collection to vote for the deputy's recall as indefinite in its essence.
As contradicting the Constitution of the Russian Federation are being recognized the provisions of Subitems "a" and "c" of Item 3 of Article 26 of the Law of the Krasnoyarsk Territory on the procedure of recall of a deputy of the representative body of the local government and the provisions of Article 37 and Item 1 of Article 39 of the Law of the Koryakiya Autonomous District on the procedure of recall of a deputy of the representative body of the local government, elective official of the local government in the Koryakiya Autonomous District because they permit to recall an elective official of the local government with the number of votes fewer than those having elected the given person.

Federal Law of the Russian Federation No. 32-FZ of March 28, 2002 on the Amendments to the Federal Law on Accounting Work

Organizations are provided with an opportunity to draw up the documents of accounting reports not only on paper, but also in the electronic form. Earlier, such opportunity was provided only for initial registration documents and accounting registers.
The organization may provide accounting reports to the user directly or hand over through a representative, send in the form of a postal dispatch with description of enclosure or transmit through telecommunication channels.
The Federal Law is entered into force from the day of its official publication.

Decision of the Government of the Russian Federation No. 196 of March 29, 2002 on the Invalidation of the Decision of the Government of the Russian Federation No. 993 of September 3, 1999

The invalidated Decision defined the Federal Service of Russia for Currency and Export Control as the designated body by the federal body of executive power in the sphere of export control. At present, the functions of the Federal Service of the Russian Federation for Currency and Export Control are handed over to the Ministry of Economic Development of the Russian Federation and the Ministry of Finance of the Russian Federation.

Decision of the Government of the Russian Federation No. 194 of March 29, 2002 on the Endorsement of the Regulation on the Procedure of Assigning Scientific Degrees

Sets forth the procedure of assigning scientific degrees of a professor of a chair, assistant professor of a chair, professor in a speciality and assistant professor in a speciality. Scientific degrees in the first two categories are assigned by the Ministry of Education of the Russian Federation, and for the second two categories - by the Higher Certification Commission of this Ministry. The persons getting a scientific degree receive the uniform state certificate.
The Decision also regulates the issues of acknowledgement of equivalency of the documents of assigned scientific degrees, as well as of recertification of pedagogical and scientific workers.
The Regulation is entered into force from May 15, 2002.

Decision of the Ministry of Labour of the Russian Federation No. 9 of February 12, 2002 on the Endorsement of the Typical Interindustry Instructions on Labour Safety for Retail Trade Workers

Endorses the typical instructions on labour safety for a cashier in the sales area and the control cashier, storeman, unskilled worker, commodity receiving clerk, retail seller, seller of foodstuffs and non-foodstuff commodities, seller of cookery, beer (kvas) seller and other.
The typical instructions must be used by organizations engaged in retail trade to work out labour safety instructions taking into account the working conditions in these organizations.
The instructions are entered into force from June 1, 2002.
Registered in the Ministry of Justice of the Russian Federation on March 26, 2002. Reg. No. 3329.

Regulation of the Central Bank of Russia and the State Customs Committee of the Russian Federation No. 180-P/01-100/3 of February 15, 2002 on the Amendments to the Regulation of the Bank of Russia and the State Customs Committee of Russia No. 101-P and No. 01-23/32005 of December 22, 1999 (Respectively) on the Application of the Instruction of the Bank of Russia and the State Customs Committee of Russia on the Currency Control Procedure for the Receipts from the Export of Commodities in the Russian Federation No. 86-I and No. 01-23/26541 of October 13, 1999 (Respectively)

Specifies that the drawing up of the deal certificate is arranged without submission by the exporter to the authorized bank of the permission whenever, according to the deal terms, the time of getting of the currency receipts from the export of commodities mentioned in Sections XVI (Machines, Equipment, Recording Instruments), XVII (Ground Vehicles, Vessels), XIX (Armaments and Ammunition) of the Foreign Trade Commodity Nomenclature of the Russian Federation does not exceed three years from the date when these commodities actually crossed the customs border of the Russian Federation.
The Regulation is entered into force from the moment of publication in the Herald of the Bank of Russia.
Registered in the Ministry of Justice of the Russian Federation on April 1, 2002. Reg. No. 3339.

Regulation of the Central Bank of Russia and the State Customs Committee of the Russian Federation No. 179-P/01-100/2 of February 15, 2002 on the Amendments to the Instruction of the Bank of Russia and the State Customs Committee of Russia No. 86-I and No. 01-23/26541 of October 13, 1999 (Respectively) on the Currency Control Procedure for the Receipts from the Export of Commodities in the Russian Federation

Amends the procedure of drawing up of the deal certificate and the procedure of filling out the registration cards. In particular, specifies the duty of the banks to indicate information on the carried out supplies of commodities mentioned in Sections XVI, XVII, XIX of the Foreign Trade Commodity Nomenclature of the Russian Federation with the time of getting currency receipts not greater than three years, as well as information on supplies of commodities with the payments in the currency of the Russian Federation when the foreign party gets a respite for payment greater than 90 calendar days.
The Regulation is entered into force from the moment of publication in the Herald of the Bank of Russia.
Registered in the Ministry of Justice of the Russian Federation on April 1, 2002. Reg. No. 3338.

Letter of the Ministry of Labour of the Russian Federation and the Social Insurance Fund of the Russian Federation Nos. 274-AP, 02-08/10-765P of April 1, 2002

Victims of industrial accidents and occupational diseases living in the regions and localities with regional coefficients get the payment for all kinds of care taking into account appropriate coefficients. If there are different regional coefficients, the one taken into account is the coefficient for the workers and employees of non-production industries in the given region or locality.

Letter of the Ministry of Taxes and Revenues of the Russian Federation No. SA-6-05/270@ of March 7, 2002 on the Restructuring of the Debt of Organizations to Non-Budgetary Funds

Organizations having obtained the right for the restructuring in December, 2001 may fix the first time limit for payment according to the schedules of redemption of the debt in the 1st quarter of 2002.
In case of the absence with the organization of the debt in insurance contributions to the state social non-budgetary funds, the organization enjoys the right for the restructuring of the debt only in accrued penalties and fines.
The amount of the debt in penalties and fines accrued by the tax bodies for the amount of the debt in insurance contributions during the year 2001 is not eligible for the restructuring.