Monitoring of the Federal Legislation dated 26.07.2002

Order of the Ministry of Taxation of the Russian Federation No. BG-3-02/358 of July 12, 2002 on Amendments 1 to the Order of the Ministry of Taxation of Russia No. BG-3-02/542 of December 7, 2001

Changes the form of the declaration for the profit tax from organizations and provides the new wording for individual appendices to this form.
The amendments are introduced pursuant to the entering into force of the Federal Law No. 57-FZ of May 29, 2002 on the amendments to Part 2 of the Tax Code of the Russian Federation and individual legislative acts of the Russian Federation.
Registered in the Ministry of Justice of the Russian Federation on July 24, 2002. Reg. No. 3614.

Federal Law No. 96-FZ of July 24, 2002 on the Entering into Force of the Arbitration Procedural Code of the Russian Federation

The Arbitration Procedural Code of the Russian Federation is entered into force from September 1, 2002. Paragraph 1 "Sphere of Reference " of Chapter 4 of the Arbitration Procedural Code of the Russian Federation is entered into force ten days after the day of its official publication. The Law specifies the procedure of handing over of the cases processes by the courts of general jurisdiction and qualified as the jurisdiction of the courts of arbitration to the courts of arbitration. If the claimant does not agree to the transfer of his case by the court of general jurisdiction to the court of arbitration, the court of general jurisdiction stops the proceedings because the case does not fall in its sphere of reference.
The cases processed by the courts of arbitration and unresolved before September 1, 2002 are to be considered in compliance with the new Code.
Chapter 36 "Revision of the Acts of Courts According to Enforcement Procedure" is entered into force from January 1, 2003.
The Federal Law is entered into force from the day of its official publication.

Arbitration Procedural Code of the Russian Federation No. 95-FZ of July 24, 2002

The new Arbitration Procedural Code of the Russian Federation replaces the one being in effect since 1995. The new Code does not change the main concept of arbitration proceedings based on the principles of the existing system of the courts of arbitration, its structural elements, number of court instances, authority of the courts of arbitration of each level and other provisions of organizational nature envisaged in the Federal Constitutional Law on the courts of arbitration of the Russian Federation.
The Arbitration Procedural Code of the Russian Federation sets forth the general principles and particulars of proceedings in the courts of arbitration resolving economic disputes and other cases in the sphere of entrepreneurial and other economic activities.
The Law enhances the role of the courts of arbitration in resolving the disputes between the subjects of entrepreneurial activities outside the framework of the court session. The role of accord is enhanced, opportunities to resolve the conflict between the parties using a mediator is envisaged, which is quite new for our process.
The Law changes the rules of determination of the case admissibility which excludes opportunities of case examination by different courts in the future.
The Law regulates in detail the case support institute envisaging the widely used in the world procedure of ensuring property interests before the submission of the case, as well as the countersurety institute.
The Law envisages differentiation of procedures for various categories of cases: Section II of the Code is dedicated to fist instance cases of civil relations; Section III, to issues of administrative and other public relations; Section IV, issues of special nature (facts of legal significance; rulings of foreign courts and other). The Law preserves the existing system of revision of the court rulings.
Provisions of Section VI "Proceedings in Cases Pertaining to Execution of the Acts of the Courts of Arbitration" are being brought in complacence with the Federal Law on execution proceedings.

Federal Law No. 109-FZ of July 24, 2002 on the Amendments to the Federal Law on the State Regulation of Production and Circulation of Ethyl Alcohol, Alcohol and Alcohol-Containing Products

It is not necessary to install the counters of alcohol-containing liquids to measure the concentration and volume of absolute alcohol in the finished products on equipment producing wines (including sparkling wines). However, such equipment must be outfitted with the means of measuring of the volume of the finished product.
The Federal Law is entered into force from the day of its official publication.

Federal Law No. 107-FZ of July 24, 2002 on the Amendments to Article 4 of the Federal Law on the General Principles of Organization of Legislative (Representative) and Executive Bodies of State Power of the Subjects of the Russian Federation

Specifies that at least 50% of the deputies of the legislative (representative) body of state power of the subject of the Russian Federation (at least 50% of the deputies of one of the chambers in a two-chamber legislative (representative) body of state power of the subject of the Russian Federation) must be elected in the single electoral district in proportion to the number of votes in favour of the lists of deputy candidates nominated by the electoral associations, blocks in compliance with the legislation on elections.

Federal Law No. 106-FZ of July 24, 2002 on the Amendment to Article 7 of the Law of the Russian Federation on the Property Tax for Enterprises

The amendment envisages the transfer of the tax for the property forming part of the Uniform Systems of Gas Supplies to the budgets of the subjects of the Russian Federation proceeding from the cost of this property actually available on the territory of the appropriate subject of the Russian Federation followed by its subsequent distribution by the subject of the Russian Federation by the levels of the budgets according to fixed proportions. In the cities of federal significance - Moscow and St.Petersburg - the tax is transferred to the budgets of this subjects of the Russian Federation without the mentioned distribution.
The Federal Law is entered into force from January 1, 2003, however, not earlier than one month after the day of its official publication.

Federal Law No. 103-FZ of July 24, 2002 on the Amendments to the Legislative Acts of the Russian Federation

The Criminal Code of the Russian Federation is extended to include the new crime - responsibility for engaging in crimes of terrorist nature or assisting them in other ways. (Article 205.1).
The changes introduced in the Criminal Procedural Code of the Russian Federation define these cases as the sphere of reference of investigators of the bodies of the Federal Security Service.
The Federal Law is entered into force from the day of its official publication.

Federal Law No. 100-FZ of July 24, 2002 on the Amendments to Article 3 of the Federal Law on the State Commodity Liabilities

Envisages priority redemption of the state commodity liabilities to the residents of individual regions of the Republic of Sakha (Yakutia) being the victims of the flooding in the spring of 2001 on the Lena River. Monetary compensations are paid out under the target payment checks permitting to buy a car in 1993-1995 and target deposits available with the mentioned citizens and opened for them directly in the branches of the Savings Bank of the Russian Federation.
The Federal Law is entered into force one month after the day of its official publication.

Federal Law No. 98-FZ of July 24, 2002 on the Amendments to the Criminal Procedural Code of the Russian Federation

Refusal of the Council of the Federation or the State Duma to satisfy the request of the Prosecutor General of the Russian Federation to hand over the criminal case of a member of the Council of the Federation or Deputy of the State Duma to court is excluded from the list of reasons for stopping the criminal proceedings (Article 27 of the Criminal Procedural Code of the Russian Federation).
The Council of the Federation or the State Duma may refuse to agree to lift the immunity and institute proceedings for the mentioned persons only in cases when it is established that proceedings are stipulated by the voiced opinion or expressed position during the vote in the Council of the Federation or the State Duma or pertain to other legal actions of the parliamentarians.
The Law extends the arrest procedure for the suspect under a criminal case: a meeting with a lawyer must be provided to him before the interrogation if he wishes - confidentially without evidence. The length of the meeting may not be less than 2 hours.
The Article regulating the duration of arrest is extended to include the provision permitting to prolong this time for all accused under the same criminal case including those who have read the materials of the case.
The Law refines the norms of Articles 450 and 451 of the Code regulating investigation and other proceedings for individual categories of persons.
The Federal Law is entered into force from the day of its official publication.

Federal Law No. 97-FZ of July 24, 2002 on the Amendments to Article 96 of the Labour Code of the Russian Federation

Invalids are permitted to work during the night time only with their written consent under the condition that such work is not contraindicated for them according to the health condition as specified in the medical statement. Earlier, invalids were not permitted for night-time work.

Decision of the Government of the Russian Federation No. 555 of July 24, 2002 on the Endorsement of the Rules of Calculation and Confirmation of the Insured Length of Service Qualifying for the Labour Pensions

Lists the periods to be certified in the calculation of the insured length of service. Provides the lists of documents necessary for such confirmation. Specifies the procedure of confirmation of the periods of work before the citizen was registered as an insured person on the basis of testimony and the final procedure of calculation of the insured length of service.

Order of the Ministry of Transport of the Russian Federation No. 92 of July 9, 2002 on the Licensing of Passenger and Cargo Transportation by Highway Transport

Endorses the blank form of the license for commercial passenger transportation by cars, automobiles outfitted for carrying more than 8 persons, for cargo transportation by vehicles with capacity greater than 3.5 tons. Also endorses the blank form of the license card for the vehicle attached to the license.
Provides the list of information submitted to the Ministry of Transport of the Russian Federation on the vehicles declared for licensed type of activities.
Registered in the Ministry of Justice of the Russian Federation on July 23, 2002. Reg. No. 3609.