Monitoring of the Federal Legislation dated 5.06.2002

Federal Law No. 63-FZ of May 31, 2002 on the Lawyers' Activities and Advocacy in the Russian Federation

Defines the legal fundamentals of the advocacy, interaction of the bodies of management of the advocacy with the state bodies, officials and citizens, guarantees their independence as professional non-commercial organizations.
The basic novels are the normative definition of the lawyers' activities and advocacy; guarantees of independence of a lawyer and guarantees of advocacy; extension of the lawyer's rights in the rendering of legal aid, providing opportunities to him to collect independently necessary information and items that may serve as evidence in compliance with the legislation of the Russian Federation; regulation of the terms of acquiring, suspension and revocation of the status of lawyer; recognition of the right of a lawyer to choose the form of the organization: to carry out his professional activities independently by opening an office or to work in non-commercial organizations (lawyers' agencies); improvement of opportunities of the citizens of the Russian Federation in getting free legal aid; description of the bodies of lawyers' management and their main functions.
The Federal Law is entered into force from July 1, 2002 except for the provision on the duty of the lawyer to insure the risk of his professional proprietary responsibility that is entered into force from January 1, 2007.

Federal Law No. 62-FZ of May 31, 2002 on the Citizenship of the Russian Federation

Defines the principles of the citizenship of the Russian Federation, the grounds, terms and procedure of obtaining the citizenship and expatriation. The citizenship of the Russian Federation is implied to be the stable legal links of a person with the Russian Federation evident in the multitude of their mutual rights and duties. The Law excludes the provisions on the citizenship of the constituent republics of the Russian Federation and on honourable citizenship.
The Law reduces the list of reasons for obtaining the citizenship (eliminates opportunities of obtaining the citizenship according to registration procedure and as a result of its recognition).
The granting of citizenship is effected according to the general or simplified procedure.
The requirements for granting the citizenship became more stringent as compared to the earlier available procedure. According to the new Law, the period of permanent living on the territory of the Russian Federation before submission of the application must be at least five years in succession (earlier, five years in total or three years in succession). Other necessary prerequisites are: availability of a legal source of sustenance, command of the Russian language and abandoning of available another citizenship (with exceptions).
The Law defines the reasons for rejection of applications for the citizenship and restoration of the citizenship of the Russian Federation. One of the reasons to refuse the application is the absence of a legal source of sustenance. The reason to refuse the expatriation may be the absence of another citizenship.
The Federal Law is entered into force from July 1, 2002.

Decree of the President of the Russian Federation No. 537 of June 1, 2002 on the Monetary Subsistence of Servicemen

Endorses the table of correspondence of the main typical military positions and ranks of contract servicemen to state positions of the federal state service; the table of correlation of salaries of some typical military positions of contract servicemen. The mentioned tables are used to fix the amounts of monetary subsistence for servicemen from July 1, 2002.
The Decree is entered into force from the day of its official publication.

Decision of the Ministry of Labour of the Russian Federation and the Pension Fund of Russia No. 17/19pb of February 27, 2002 on the Endorsement of the Rules of Applying for the Pension, Assigning of the Pension and Recalculation of the Amount of the Pension, Switchover from One Pension to Another in Compliance with the Federal Laws on Labour Pensions in the Russian Federation and on the State Pension Support in the Russian Federation

The Rules apply to the citizens of the Russian Federation, foreign citizens and stateless persons entitled for the pension and possessing the place of residence on the territory of the Russian Federation. The Rules apply also to the citizens of the Russian Federation without the place of permanent residence on the territory of the Russian Federation if they have the right for the pension in compliance with the Russian legislation.
According to the established procedure, citizens apply for the pension to the territorial body of the Pension Fund of the Russian Federation at the place of residence, place of stay or place of actual living. Citizens of the Russian Federation having left for permanent residence outside the Russian Federation without the registered place of residence and place of stay on the territory of the Russian Federation apply for the pension directly to the Pension Fund of the Russian Federation.
Applying for the pension is permitted any time after the right of it has emerged without time restrictions by submitting appropriate application directly or through representative. Application for the old-age pension may be accepted before the pension age occurs, however, no earlier than one month before the right for this pension occurs.
The Decision sets forth the procedure of actions of the territorial body of the Pension Fund of the Russian Federation in consideration of the application on the fixing of the pension and the procedure of its assigning, as well as the procedure of transfer from one type of the pension to another.
If there are legal grounds, the amount of the pension may be recalculated: to reduce the pension - without the application of the pensioner, to increase it - on the basis of the written application of the pensioner accepted by the territorial body of the Pension Fund of the Russian Federation. The recalculation of the amount of the pension to increase it because of the higher disability group and after 80 years of age may be done without additional written application if the application for the pension contained the applicant's consent for the recalculation of the pension in the presence of the mentioned circumstances.
Application on the recalculation of the amount of the pension is examined by the territorial body of the Pension Fund of the Russian Federation within five days.
If the citizen having applied for the recalculation of the amount of the pension does not agree to the adopted decision, he may appeal against it in the higher body of the Pension Fund of the Russian Federation.
The Decision specifies also the rules of registration and storage of the pension files.
Registered in the Ministry of Justice of the Russian Federation on May 31, 2002. Reg. No. 3491.

Decision of the Ministry of Labour of the Russian Federation and the Pension Fund of Russia No. 16/19pa of February 27, 2002 on the Endorsement of the List of Documents Necessary to Assign the Labour Pension and the Pension under the State Pension Support in Compliance with the Federal Laws on Labour Pensions in the Russian Federation and on the State Pension Support in the Russian Federation

The main documents attached to the application for the labour old-age pension are the documents of personal identification, age, place of residence, citizenship, documents of the length of insurance and average earnings for the years 2000-2001 or 60 months in succession before January 1, 2002 within the length of service.
Application of the citizen having applied for the labour disability pension must have attached the documents of personal identification, age, place of residence, citizenship, documents of the fact of disability and disability group, length of insurance, average earnings for the years 2000-2001 or 60 months in succession before January 1, 2002 within the length of service, as well as the documents depending on the category of the person applying for the mentioned pension.
In necessary cases, other documents are also attached besides the listed ones, for example, on invalid members of the family, on the place of stay or actual living on the territory of the Russian Federation and other.
The Decision also lists the documents necessary for assigning the labour lost-bread-winner pension, old-age pension for the persons suffering as a result of radiation or technical disasters, social pension.
The Decision specifies which of the documents are accepted to certify or confirm these or those facts.
Registered in the Ministry of Justice of the Russian Federation on May 31, 2002. Reg. No. 3488.

Order of the State Customs Committee of the Russian Federation No. 460 of May 8, 2002 on the Amendments to the Order of the State Customs Committee of Russia No. 1132 of November 28, 2001

Provides the new wording for the list of commodities moved over the customs territory of the Russian Federation by highway transport and subject to the special procedure of declaring with incomplete customs declarations (preliminary cargo customs declarations) before the actual moving of commodities to the customs territory of the Russian Federation. The list of commodities is two times shorter.
The Order is entered into force 30 days after its official publication.
Registered in the Ministry of Justice of the Russian Federation on May 31, 2002. Reg. No. 3486.

Order of the Ministry of Finance of the Russian Federation No. 38n of April 29, 2002 on the Endorsement of the Interim Regulation on the Procedure of Accreditation of Professional Audit Associations with the Ministry of Finance of the Russian Federation

Sets forth the procedure of accreditation, refusal to accredit and revocation of accreditation, defines the rights and duties of accredited professional audit associations, as well as the forms of control over their activities. Lists obligatory conditions and requirements to be met by a professional audit association wishing to get accreditation.
Registered in the Ministry of Justice of the Russian Federation on May 31, 2002. Reg. No. 3478.

Direction of the Central Bank of Russia No. 1154-U of May 28, 2002 on the Amendments to the Regulation of the Bank of Russia No. 264 of April 2, 1996 on the Revocation of the License for Bank Operations from Credit Organizations in the Russian Federation

Fixes additional grounds for revocation of the license for bank operations from a credit organization, in particular, failure to observe the requirements of the Law on the countermeasures against legalization (laundering) of incomes obtained in a criminal way in case of multiple violations of it within a year. One more such reason from July 1, 2002 will be multiple failures to submit to the Bank of Russia of updated information necessary to enter amendments to the Uniform State Register of Legal Entities.
The Direction of the Bank of Russia is entered into force from the moment of publication in the Herald of the Bank of Russia.

Letter of the Social Insurance Fund of the Russian Federation No. 02-18/05-3320 of May 14, 2002

Explains the procedure of application of the regional coefficient for the calculation for the persons working and living in the regions of the Far North and similar localities of the maximum amount of the temporary disability, maternity allowance, as well as for the fixing and payment of other types of allowances paid out from the resources of the state social insurance. Before the uniform regional coefficient is adopted, in the calculation of the amounts of the above allowances one should use coefficients used for the workers of non-production industries.

Letter of the Social Insurance Fund of the Russian Federation No. 02-18/07-3248 of May 8, 2002 on the Indexing of Insurance Payments

Pursuant to the raising of the minimum amount of labour remuneration to Rbl 450 a month from May 1, 2002, the Social Insurance Fund of the Russian Federation explains the issues pertaining to the appropriate increase of the monthly insurance payments.
The amount of the monthly insurance payments is increased 1.5 times from May 1, 2002. The indexed insurance payments may not be greater than the fixed maximum amount of Rbl 30,000.
The Letter also explains the procedure of payments in compliance with the Federal Law No. 125-FZ of July 24, 1998 on obligatory social insurance against industrial accidents and occupational diseases.
Informs simultaneously that subsystem "Reimbursement of Damage" of the uniform information system "Social Insurance" uses the victim insurance payments indexing coefficient of 1.5 taking into account the above restrictions.