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Daily Monitoring of the Legislation

Monitoring of the Federal Legislation dated 17.06.2003

Federal Law No. 75-FZ of June 11, 2003 on the Amendments to the Criminal Execution Code of the Russian Federation

Amends a number of articles regulating detention of persons suspected and accused of crimes, execution of criminal punishments, as well as the detention conditions.
Provides the new wording for the legal norm defining the moment permitting for an early exculpation from an earlier punishment. Introduces the rule permitting an early exculpation from an earlier punishment for a convict with an unserved punishment.
The Code is extended to include the provision recognizing an underage convict as a recurrent violator of the detention procedure. The underage convicts may appeal according to the procedure specified in the legislation against their transfer to more stringent conditions of detention if they do not agree with it as is envisaged for the adults. The term of pre-trial detention of the underaged is included in the term of detention in common colonies if he is not recognised as a recurrent violator.
The Government of the Russian Federation is entitled to define the list of diseases preventing detention, a well as the procedure of medical certification of the convicts recommended for release from punishment because of the illness.
The Federal Law is entered into force from the day of its official publication.

Federal Law No. 74-FZ of June 11, 2003 on the Peasant (Farmer's) Enterprise

Defines the legal, economic and social fundamentals of creation and activities of the peasant (farmers') enterprises. The Law guarantees the citizens' right to create peasant (farmers') enterprises and their independent activities.
Chapter 1 "General Provisions" contains the definition of the peasant (farmer's) enterprise which implies an association of citizens with a kinship and/or apanage relations possessing common property and engaged in common production and other economic activities (production, processing, storage, transportation and sale of agricultural produce) based on their personal participation. A farmer's enterprise may be created by a single person.
The farmer's enterprise carries out entrepreneurial activities without the forming of the legal entity. Peasant (farmers') enterprises created as legal entities under the Law of the RSFSR No. 348-I of November 22, 1990 on the peasant (farmer's) enterprise may preserve their status of a legal entity until January 1, 2010.
Chapter 2 "Creation of the Farmer's Enterprise" formulates the requirements to the farmer's enterprise. Chapter 3 "Property of the Farmer's Enterprise" defines its composition and terms of ownership, use and management. Chapter 4 defines the legal status of the land plots provided and purchased to create a farmer's enterprise and procedure of its activities. Chapter 5 specifies the procedure of admission of new members to the farmer's enterprise and membership termination, as well as the rights, duties and authority of the head of the enterprise. Chapter 6 is dedicated to the types of activities of the farmer's enterprise. The main types of activities of the farmer's enterprise are production and processing of agricultural produce, as well as transportation, storage and sale of own-made agricultural produce. Chapter 7 provides for opportunities to unite farmers' enterprises. Chapter 8 defines termination procedure for the farmer's enterprise.
The Federal Law is entered into force from the day of its official publication.

Federal Law No. 73-FZ of June 11, 2003 on the Amendments to the Federal Law on Agricultural Cooperation

The amendments pertain to the norms regulating the issues of management of the cooperative, membership and property relations in cooperatives.
The Law envisages a number of refinements stating that executive bodies of the cooperative are the chairman of the cooperative and the management board of the cooperative. If the membership of the cooperative amounts to less than 25 persons, the charter of the cooperative may envisage election of only the chairman of the cooperative and his deputy. The chairman of the cooperative, the management board are elected by the general meeting of the members of the cooperative out of its members not more than for five years. The chairman of the cooperative is the member of the management board of the cooperative and heads it.
The Law extends significantly the list of issues forming the exclusive authority of the general meeting of the members of the cooperative. Introduces additionally the norms stating that the chairman of the cooperative assumes the responsibility envisaged in the Law for the members of the management board. Extends the norms regulating the management procedure for a union of cooperatives.
The charter of a consumer cooperative may specify the right and admission procedure to the members of the cooperative of citizens or legal entities other than agricultural producers but participating in economic activities of the cooperative or rendering services to the cooperative. The number of such members of the cooperative may not be greater than 20% of the membership of a consumer cooperative being agricultural producers.
The Law specifies that the changes in the number of the members of the cooperative or associated members of the cooperative, as well as the change of the amount of the shared fund of the cooperative may not serve as grounds to enter this change in the charter of the cooperative.
The Law refines the notion of the shared fund and introduces the notion of the indivisible fund of the cooperative, envisages opportunities for both the shared and other contributions in the cooperative not being shared ones. Also refines a number of norms regulating the procedure of creation and activities of audit unions of agricultural cooperatives, as well as the notion and name of the audit union and control over its activities.
The Law is extended to include the norms stating that the number of the members of the credit cooperative may not be less than 15 citizens and/or 5 legal entities and greater than 2,000 citizens or 200 legal entities.
The charters of agricultural cooperatives, unions of agricultural cooperatives must be brought in compliance with the requirements of the present Federal Law within one year from its entry into force.

Federal Law No. 67-FZ of June 7, 2003 on the Execution of the Federal Budget for the Year 2001

Endorses the report of execution of the federal budget for the year 2001 with incomes amounting to Rbl 1,593,987,122.1 thousand and expenses amounting to Rbl 1,321,902,684.6 thousand and incomes exceeding expenses (federal budget surplus) by Rbl 272,075,437.5 thousand.
The Federal Law is entered into force from the day of its official publication.

Decree of the President of the Russian Federation No. 650 of June 10, 2003 on the Endorsement of the Regulation on the State Committee of the Russian Federation for Defence Order of the Ministry of Defence of the Russian Federation

The State Committee of the Russian Federation for Defence Order is the federal body of executive power providing for the improvement of activities in the building and placing of the state defence order, uniform state policy in the sphere of development, production, unification, standardisation of general purpose armaments and military equipment, as well as development and implementation, within their sphere of reference, of the necessary measures to preserve and enhance the defence and scientific and technical potential of the Russian Federation and its adaptation to market economy conditions while executing the state defence order.
The Decree is entered into force from the day of its official publication.

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