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Monitoring of the Federal Legislation dated 22.04.2002

Ruling of the Constitutional Court of the Russian Federation No. 22-O of February 20, 2002 Pursuant to the Appeal of the Open-Type Joint-Stock Company Bolshevik against the Violation of the Constitutional Rights and Freedoms by the Provisions of Articles 15, 16 and 1069 of the Civil Code of the Russian Federation

The applicant challenged the constitutionality of the provisions of Articles 15 and 16 of the Civil Code of the Russian Federation pertaining to the reimbursement of the losses, including those incurred by the state bodies and bodies of local government, and Article 1069 of the Civil Code of the Russian Federation on the responsibility for the damage incurred by the state bodies, bodies of local government and their officials. Earlier, the Court of Arbitration of the city of Moscow has rejected the applicant's claim on the reimbursement of expenses for the legal advice, since the given expenses are not being the losses reimbursed according to the rules specified by the Civil Code of the Russian Federation but litigation costs reimbursed according to the special procedure specified in the procedural legislation. However, the norms on the procedure of reimbursement of such expenses are not available in the Administrative Procedural Code of the Russian Federation.
According to the Constitutional Court of the Russian Federation, the fixing in Article 91 of the Civil Procedural Code of the RSFSR of the provision on the assigning to the benefiting party of the expenses pertaining to the hiring of the representative does not mean that such expenses may not be collected because of the absence of the similar norm in the Administrative Procedural Code of the Russian Federation when the parties protect their rights in a court of arbitration. The legislator did not fix any restrictions in the reimbursement of the proprietary expenses for the representation of the interests of the injured party in a court.
Thus, the Constitutional Court of the Russian Federation has ruled that expenses for the representation in a court of arbitration and legal advice must be included in the losses to be reimbursed to the benefiting party.
The Constitutional Court has acknowledged the appeal of the OAO Bolshevik as not appropriate for further consideration by the Constitutional Court of the Russian Federation because the solving of its issue does not require a summarized decision since there were earlier decisions in this issue that preserve their power and since the checking of the legality and substantiation of the court rulings is not the sphere of reference of the Constitutional Court of the Russian Federation.
The further arbitration proceedings must take into account the legal position expressed by the Constitutional Court of the Russian Federation.

Decision of the Government of the Russian Federation No. 245 of April 17, 2002 on the Endorsement of the Regulation on the Submission of Information to the Committee of the Russian Federation for Financial Monitoring by Organizations Engaged in Operations with Monetary Resources or Other Property

Institutes the procedure of submission by credit organizations, professional participants of the securities market, insurance organizations, leasing companies, organizations of the federal postal communication, other non-credit organizations engaged in money transfers and the pawnshops to the Committee of the Russian Federation for Financial Monitoring of information envisaged in the Federal Law on the countermeasures against the legalization (laundering) of incomes obtained in a criminal way. The information shall be submitted no later than the working day following the day of committing or revealing of the appropriate operation (deal) in the electronic form or on magnetic or paper media.
The failure to observe the requirements of the endorsed Regulation by organizations may result in the suspension (revocation) of the license.

Decision of the Government of the Russian Federation No. 244 of April 17, 2002 on the Payment for the On-Site Services to the Old-Age Citizens and Invalids

The payment for the services to the mentioned citizens in the state and municipal social services institutions, including the expenses for the purchase of foodstuffs and soft utensils, maintenance of provided housing, shall be effected on the basis of the contract and may not be greater than 75% of their assigned pension.

Letter of the Social Insurance Fund of the Russian Federation No. 02-18/04-2086 of March 22, 2002 on the Procedure of Confirmation of the Main Type of Activities of the Insurer

Explains the procedure of qualifying the insurer sector (subsector) of economy in case of a failure to submit before April 1 the documents confirming the main type of activities. Also substantiates the position stating that the Fund may accept the documents confirming the main type of activities of the insurer and its independent classification units in the time limits specified for the submission of the estimate sheet for the resources of the Fund for the 1st quarter of 2002 (Form 4-FSS RF).

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