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Daily Monitoring of the Legislation

Monitoring of the Federal Legislation dated 20.11.2002

Civil Procedural Code of the Russian Federation No. 138-FZ of November 14, 2002

The Civil Procedural Code of the Russian Federation (hereinafter, CPC of the Russian Federation) has been adopted to replace the Code of 1964 and is intended to meet better the modern economic, political and public conditions of Russia.
The CPC of the Russian Federation reflects successful solutions of issues of judicial practices during the period of application of the CPC of the RSFSR of 1964, as well as experience of foreign countries. The CPC preserves many norms that appeared to be justifiable in practice for more than 30 years of application of this law and ensuring a proper mechanism of protection of the law and not contradicting the modern legislation.
The new CPC of the Russian Federation fixes the guarantees of judicial protection of the rights of citizens by general jurisdiction courts and is aimed, first and foremost, at protection of the rights of citizens. Apart form protection of the rights of citizens, the general jurisdiction courts provide protection of the interests of the state, bodies of state power and local government, indefinite circle of persons, organizations, public associations.
The CPC of the Russian Federation fixes the principle of the sole consideration and resolution by judges of civil cases in the first instance court, however, the persons involved in the case preserve the right for collegiate examination and resolution of the case.
The role of the prosecutor in the civil case changed significantly, namely: the prosecutor may initiate proceedings only in cases of the need to protect the interests of the state or when the interested person cannot initiate proceedings himself for justifiable reasons.
The principal differences of the CPC of the Russian Federation and the CPC of the RSFSR pertain to the principle of contention, implementation by the sides of the duty to prove. The help of the court to the sides in the evidentiary activities is dependent on the activity of the side, its conduct during the process.
Separation of the law into the private and public ones is expressed in the five types of judicature: 1) writ jurisdiction; 2) claims jurisdiction; 3) public law jurisdiction; 4) special jurisdiction and 5) proceedings in cases of execution of court rulings and acts of other bodies.
In pursuance of the Civil Code of the Russian Federation, Matrimonial Code of the Russian Federation, such institutes are also introduced as emancipation by court proceedings, adoption by court proceedings. Summons proceedings have changed significantly.
A new chapter has been introduced in the CPC of the Russian Federation - "Proceedings in Appeals against Decisions and Rulings of the Justices of the Peace".
Cassation instance opportunities to revise court rulings have been extended. Cassation court may revoke, change the decisions of the first instance court and adopt its own decisions.
Principally revised is the section including the norms defining the legal status of foreigners, stateless persons, foreign organizations.
According to the Federal Law No. 137-FZ of November 14, 2002, the CPC of the Russian Federation is entered into force from February 1, 2003 with exceptions.

Decision of the Government of the Russian Federation No. 830 of October 2, 2002 on the Endorsement of the Regulation on the Procedure of Conservation of Lands by Removing Them from Circulation

Defines the procedure of conservation of lands removing them from circulation to prevent land deterioration, restore soil fertility and polluted territories if their use may produce a negative impact on human health.
The Decision lists the bodies in charge of the preparation of proposals on land conservation. Decisions on conservation of privately owned lands are taken by the bodies of executive power of the subjects of the Russian Federation for the lands of agricultural destination and by the bodies of local government for the lands of other uses.

Decision of the Government of the Russian Federation No. 828 of November 15, 2002 on the Amendments to the Decisions of the Government of the Russian Federation No. 92 of February 8, 2002 and No. 93 of February 8, 2002

Sets forth the norm of expenses of organizations to pay out compensations for the use of personal motor cycles for service trips used in the determination of the taxable base for the profit tax from organizations to qualify such expenses as other expenses pertaining to production and sales. The mentioned norm amounts to Rbl 600 per month. If the simplified system of taxation is used, this norm is used from January 1, 2003.
The Decision also specifies that when the simplified system of taxation is used, the norms of expenses of organizations to pay out the daily and field allowances are used from January 1, 2003.
The Decision is entered into force 10 days after the date of its official publication.

Order of the State Customs Committee of the Russian Federation No. 1084 of October 10, 2002 on the Adjustment of the Legal Base in Issues of Clearing and Declaring of Commodities

Invalidates the Order of the State Customs Committee of the Russian Federation No. 283 of July 28, 1992 on the temporary procedure for clearing and declaring the commodities.
Registered in the Ministry of Justice of the Russian Federation on November 14, 2002. Reg. No. 3922.

Order of the Committee of the Russian Federation for Financial Monitoring No. 81 of October 16, 2002 on the Endorsement of the Regulation on the Forms of Requests and the List of Officials Entitled to Send Requests to the Bodies of State Power of the Russian Federation, Bodies of State Power of the Subjects of the Russian Federation and the Bodies of Local Government

Defines the form of requests to present information and documents sent by the Committee of the Russian Federation for Financial Monitoring to the bodies of state power of the Russian Federation, bodies of state power of the subjects of the Russian Federation and the bodies of local government, as well as the list of officials entitled to send such requests.
Registered in the Ministry of Justice of the Russian Federation on November 13, 2002. Reg. No. 3918.

Decision of the Federal Commission for Securities Market No. 41/ps of October 9, 2002 on the Invalidation of the Normative Act of the Federal Commission for Securities Market

Invalidates the Decision of the Federal Commission for Securities Market of the Russian Federation No. 1 of February 8, 2001 on the notification of the Federal Commission for Securities Market of Russia of electronic systems used by professional participants of the securities market engaged in brokerage to deliver client orders to conclude deals with securities.
Registered in the Ministry of Justice of the Russian Federation on November 13, 2002. Reg. No. 3916.

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