Monitoring of the Federal Legislation dated 23.05.2002

Federal Law No. 56-FZ of May 21, 2002 on the Amendments to Item 1 of Article 19 of the Federal Law on the Status of Servicemen and Item 6 of Article 35 of the Federal Law on the Military Duty and Military Service

Sets forth that military institutions of the secondary and higher professional education implement professional educational program and issue to persons having passed the final state certification the state documents of the level of education and qualification. The procedure of working out and implementation of the professional educational programs for the military institutions of the secondary and higher professional education is defined by the Government of the Russian Federation.
Introduced amendments provide for professional training of the military specialists in compliance with the military professional educational programs. The terminology of the mentioned Federal Laws is brought in compliance with the Law of the Russian Federation on education.
The Federal Law is entered into force from the day of its official publication.

Decision of the Government of the Russian Federation No. 323 of May 20, 2002 on the Endorsement of the Rules of Providing Free Meals from the Dairy Dispensary (Payment of the Monthly Monetary Compensation If the Dairy Dispensary is not Available) for Children up to 3 Years of Age Living Permanently on the Territory of Radioactive Contamination Zones because of the Accident at Chernobyl Nuclear Power Station

Defines the procedure and terms of providing free meals from the dairy dispensary (payment of the monthly monetary compensation if the dairy dispensary is not available) for children up to 3 years of age living permanently on the territory of the radioactive contamination zones because of the accident at Chernobyl Nuclear Power Station and not attending child preschool educational institutions. The free meals are provided to prescriptions. The prescriptions are issued on prescription forms with the stamp "Free" by local paediatricians of the child outpatient clinics in the cities and local paediatricians of the central (regional) hospitals, doctors of district hospitals, feldshers or obstetricians in rural areas. The handing out of the free meals is vested in the dairy dispensaries.

Ruling of the Constitutional Court of the Russian Federation No. 69-O of April 9, 2002 Pursuant to the Appeal of Citizen M.V.Ignatyichev against Violation of his Constitutional Rights by the Provisions of Articles 2, 4 and 5 of the Federal Law on the Gambling Tax, Law of the Nizhny Novgorod Province on the Rates of the Gambling Tax and the Law of Ivanovo Province on the Rates of the Gambling Tax

The Constitutional Court of the Russian Federation has found out that the provision of Item 3 of Article 5 of the Federal Law on the gambling tax is not in compliance with the Constitution of the Russian Federation, shall loose its power and may not be applied. The mentioned Item envisaged opportunities of fixing by legislative (representative) bodies of the subjects of the Russian Federation of particular tax rates for gambling institutions on the territories of the subjects of the Russian Federation in excess of the minimum amounts of tax rates specified in the mentioned Federal Law without restriction of the limiting amounts of such rates in the Federal Law.
The Ruling on the appeal is final and must be observed from January 1, 2003 if the legislator does not introduce amendments to the Federal Law on the gambling tax before the mentioned time limit.

Ruling of the Constitutional Court of the Russian Federation No. 68-O of April 9, 2002 on the Request of the Court of Arbitration of the Republic of Karelia on the Constitutionality of Item 5 of Article 83 of the Budget Code of the Russian Federation, Articles 4 and 11 of the Law of the Russian Federation on the Donorship of Blood and Its Components

According to the challenged provision of the Budget Code, if the legislative or other legal acts introduce budget obligations not envisaged in the budget law (decision), the budget law (decision) shall apply. According to the applicant, the given norm is in violation of Articles 1, 7, 18 and 19 of the Constitution of the Russian Federation because it lifts budget obligations from the state pertaining to the reimbursement of benefits and compensations guaranteed and specified in the federal legislation, thus preventing from implementation of the rights and freedoms of citizens and legal entities. Article 4 of the Law of the Russian Federation on the donorship of blood and its components specifying that the financing of the measures in development, organization and promotion of the donorship of blood and its components is carried out on the basis of the federal, republican, territorial and local programs at the expense of the resources of appropriate budgets and Article 11 of the same Law specifying the benefit in the payment for the housing and communal services for the persons awarded with the badge "Distinguished Donor of Russia" is in violation of Article 19 of the Constitution of the Russian Federation inasmuch as they are being of declarative nature as indefinite in their essence and not envisaging the mechanism of reimbursement of the fixed benefits and compensations.
In spite of the fact that the request was associated with reimbursement of benefits to donors in the payment for the housing and communal services, the resolution of the Constitutional Court of the Russian Federation is more generic and applies also to the rest of the benefits envisaged in the Law on the donorship of blood and its components. According to the Ruling, the absence of the federal, regional and local programs of development of donorship and the gaps in the legislative regulation of the procedure of reimbursement of expenses in benefits to donors may not block the solving of disputes, protection of legal rights and interests of citizens. The federal legislator must immediately define the procedure of reimbursement from the budget of expenses pertaining to benefits to persons awarded with the badge "Distinguished Donor of Russia".