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Monitoring of the Federal Legislation dated 27.04.2002

Ruling of the Constitutional Court of the Russian Federation No. 28-O of April 9, 2002 on the Appeal of Citizen N.P.Yefimov against Violation of His Constitutional Rights by Part 3 of Article 386 and Part 2 of Article 387 of the Criminal Procedural Code of the RSFSR

The applicant challenged the constitutionality of Part 3 of Article 386 and Part 2 of Article 387 of the Criminal Procedural Code of the RSFSR envisaging the opportunity to appeal against refusal to initiate proceedings under the newly revealed circumstances to the superior prosecutor only.
Earlier, the Constitutional Court of the Russian Federation considered on numerous occasions the issue of the constitutional and legal nature of the institute of revision of court rulings having entered into legal force that includes the procedure of reopening of the cases because of the newly revealed circumstances. Recognized as unconstitutional are the norms excluding the appeals in court of the final decisions of the prosecutor, investigator or body of investigation on the institution of proceedings and handing over the case to court taken as a result of checking and investigation of the facts and circumstances on pre-trial stage of criminal cases.
Therefore, the Constitutional Court of the Russian Federation having come to the conclusion that the appeal challenges the normative provisions being in essence the same as the earlier ones recognized as not complying with the Constitution of the Russian Federation confirms with its decision the failure of these provisions to comply with the Constitution of the Russian Federation.
Provisions of Part 3 of Article 386 of the Criminal Procedural Code of the RSFSR and Part 2 of Article 387 of the Criminal Procedure Code of the RSFSR - inasmuch as they do not permit the checking in court of the substantiation of the decisions of the prosecutor to refuse the initiation of proceedings and to end the proceedings in case of a newly revealed circumstances - shall loose their force and may not be applied by courts, other bodies and officials as not complying with the Constitution of the Russian Federation.

Order of the State Customs Committee of the Russian Federation No. 292 of April 1, 2002 on the Amendments to the Order of the State Customs Committee of Russia No. 834 of August 22, 2001

For transport vehicles and accessories classified under Headings 8702-8704, 8706, 8707, 8711 of the Foreign Trade Commodity Nomenclature of the Russian Federation imported for recipients in Moscow and the Moscow Province and originating in the CIS countries including the Republic of Belarus, it is not obligatory to undergo customs registration at the STO Automobile Customs Station of the Central Excise Duty Customs Office.
The Order is entered into force thirty days after its official publication. The text of the Order is published in Rossiyskaya Gazeta on April 27, 2002, No. 77.
Registered in the Ministry of Justice of the Russian Federation on April 26, 2002. Reg. No. 3414.

Order of the State Customs Committee of the Russian Federation No. 279 of March 29, 2002 on the Amendment to the Order of the State Customs Committee of Russia No. 1070 of November 27, 2000

Extends the list of points of transfer for alcoholic and tobacco items taking into account the types of international traffic.
The Order is entered into force thirty days after the official publication. The text of the Order is published in Rossiyskaya Gazeta on April 27, 2002, No. 77.
Registered in the Ministry of Justice of the Russian Federation on April 25, 2002. Reg. No. 3408.

Decision of the Social Insurance Fund of the Russian Federation No. 32 of March 22, 2002 on the Endorsement of the Procedure of Submission by Insurers of Information to Fix the Discounts and Mark-Ups to Insurance Tariff Rates for Obligatory Social Insurance against Industrial Accidents and Occupational Diseases

A discount and mark-up to the mentioned insurance tariff rate is calculated to the insurer for the current year on the basis of the data of reports of the estimate sheets for the resources of the Social Insurance Fund of the Russian Federation for the previous calendar year; information on insurance cases occurring with the insurer for the previous calendar year; information of the personal (registration) files of the victims. To consider the issue of fixing the discount, the insurer shall submit before May 15 of the current year to the executive body of the Fund at the place of its registration the set of documents listed in the Decision. The Decision provides the form of the application for fix the discount for the insurance contributions.
The Decision is entered into force 10 days after the day of its official publication. The text of the Decision is published in Rossiyskaya Gazeta on April 27, 2002, No. 77.
Registered in the Ministry of Justice of the Russian Federation on April 24, 2002. Reg. No. 3407.

Letter of the Ministry of Finance of the Russian Federation No. 28-05-01/781/SSh of April 11, 2002

Lists the documents, requirements and conditions to be used as guidance when submitting to the licensing body the application to get the license for audit activities. The time limit for consideration of the documents is 60 days from the day of receiving in the licensing body of the application for the license with all necessary documents. Consideration of the application for the license is charged at Rbl 300. The issue of the license - at Rbl 1,000. The license may be revoked by the licensing body without a court appeal in case of a failure to pay the license fee within 3 moths from the day of taking the decision on its granting. The Letter provides contact telephone numbers of the Department of Organization of Audit Activities for document reception and issue of licenses.

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