Monitoring of the Federal Legislation dated 17.07.2002

Decision of the Constitutional Court of the Russian Federation of July 17, 2002 on the Case of Constitutionality of Individual Provisions of Articles 342, 371, 373, 378, 379, 380 and 382 of the Criminal Procedural Code of the RSFSR, Article 41 of the Criminal Code of the RSFSR and Article 36 of the Federal Law on the Prosecutor's Office of the Russian Federation Pursuant to the Request of the Podolsk City Court of the Moscow Province and Appeals of a Number of Citizens

The Constitutional Court of the Russian Federation has decided to recognize as not complying with the Constitution of the Russian Federation the provisions of Items 1 and 2 of Part 1 of Article 342, Part 1 and Item 1 of Part 2 of Article 371, Item 2 of Part 1 of Article 378, Part 1 of Article 379 and Part 3 of Article 380 of the Criminal Procedural Code of the RSFSR, as well as Items 1 and 2 of Article 36 of the Federal Law on the prosecutor's office of the Russian Federation inasmuch as they permit to review and revoke as an enforcement measure pursuant to the prosecutor's protest the acquittal having entered into legal force because of the one-sided nature or incomplete investigation, as well as court judgement inconsistency with the actual circumstances in cases when the preceding investigation did not contain any violations meeting the criteria envisaged in Item 2 of Article 4 of Protocol 7 to the Convention of Human Rights and Fundamental Freedoms.
The Constitutional Court of the Russian Federation has recognized as not contradicting the Constitution of the Russian Federation the provisions of Article 41 of the Criminal Code of the RSFSR, Article 373, Part 3 of Article 380 and Part 2 of Article 382 of the Criminal Procedural Code of the RSFSR inasmuch as they empower the enforcement instance with authority to revoke within one year after entering into legal force the conviction because of the failure to add the unserved portion of the pervious sentence and hand over the case for revision to correct the violation in the first instance court.
The Decision is entered into force immediately after the annunciation.

Decision of the Government of the Russian Federation No. 526 of July 15, 2002 on the Endorsement of the Regulation on the Licensing of Activities in Development, Production, Selling and Purchase for Selling of the Special Technical Means of Secret Collection of Information Carried Out by Independent Entrepreneurs and Legal Entities Engaged in Entrepreneurial Activities

The licensing of the mentioned types of activities is vested in the Federal Security Service of Russia and the territorial security bodies. The license is issued for 5 years. The earlier issued licenses preserve their force until expiry.

Decision of the Government of the Russian Federation No. 525 of July 15, 2002 on the Licensing of Activities in Organization and Maintenance of Sweepstakes and Gambling Institutions

Defines the procedure of licensing of activities in organization and maintenance of sweepstakes (mediation services of legal entities and independent entrepreneurs in organization of collection of stakes from participants of mutuel paris and paying out of gains) and gambling institutions including bookmaker organizations (bookmakers) being participant organizers of the games of chance. The licensing is vested in the State Sports Committee of Russia. The license is issued for 5 years.

Order of the Ministry of Internal Affairs of the Russian Federation and the Ministry of Finance of the Russian Federation No. 612/61n of June 28, 2002 on the Fixing from 2002 of the Amount of Payment for the Confirmations of the Right of Employment of Foreign Citizens in Cases Not Requiring the Drawing Up of the Permission to Attract Foreign Workforce

Beginning with the year 2002, the payment of the employers for the issue of confirmations of the right of employment of foreign citizens in cases not requiring the drawing up of the permissions to attract foreign workforce is fixed to amount to Rbl 580. 20% of this amount is transferred as incomes to the federal budget, 80%, to the account of the Federal Migration Service of the Ministry of Internal Affairs of the Russian Federation.
Registered in the Ministry of Justice of the Russian Federation on July 15, 2002. Reg. No. 3572.

Decision of the State Standards Committee of the Russian Federation No. 46 of June 24, 2002 on the Invalidation of the Normative Documents on Obligatory Certification

In view of the reduction of the list of commodities, works and services subject to obligatory certification, invalidates the rules of certification of the hairdresser services and the rules of certification of the services in passenger transportation by highway transport.
Registered in the Ministry of Justice of the Russian Federation on July 11, 2002. Reg. No. 3568.

Letter of the Ministry of Taxation of the Russian Federation No. 03-1-09/1558/16-H194 of June 10, 2002

Explains the procedure of calculation of the value added tax in cases of land lease. The payments collected by the territorial bodies of the Federal Service of the Land Cadastre of Russia (Moscow Land Planning Committee) for the right to conclude the lease contracts and received in the appropriate budget levels are not subject to the value added tax.
When paying the rent for the lands in the state or municipal property, the invoice is issued by the tax agent (lessee) with the note "Without VAT" and appropriate registration in the book of purchase and book of sales.

Letter of the Ministry of Economic Development of the Russian Federation No. ASh-1347/05 of May 20, 2002 on the Coordination of the Placing of the Orders with the Sole Sources (Suppliers) for Commodities, Works and Services for State Needs

Explains that the argument that the organizations have fulfilled a certain amount of works in the previous years and that they enjoy the reputation of high-qualification experts may not serve as the reason for choosing them as the sole executors of design, contractor, restoration, as well as scientific research and experimental design works. Also inconclusive is the fact of the choice of the organization on the contest basis in the previous years. The Ministry of Economic Development of the Russian Federation will not take a positive decision coordinating the orders in the above cases. The actual legislation envisages the placing of the orders on the contest basis as the main method of state purchase when choosing the suppliers of products and services, as well as executors of works.