Monitoring of the Federal Legislation dated 28.01.2004

Decision of the Constitutional Court of the Russian Federation of January 27, 2004 on the Case of Constitutionality of Individual Provisions of Item 2 of Part 1 of Article 27, Parts 1, 2 and 4 of Article 251, Parts 2 and 3 of Article 253 of the Code of Civil Procedures of the Russian Federation Pursuant to the Request of the Government of the Russian Federation

The applicant challenged the constitutionality of the mentioned provisions of the Code of Civil Procedures of the Russian Federation specifying the authority of the Supreme Court of the Russian Federation to consider and solve the cases challenging the normative legal acts of the Government of the Russian Federation, as well as to take decisions recognising such acts as contradicting the federal law and invalidating them from the day of their adoption.
The Constitutional Court of the Russian Federation recognised as not contradicting the Constitution of the Russian Federation the interconnected provisions of Item 2 of Part 1 of Article 27, Part 1, Part 2 and Part 4 of Article 251, Part 2 and Part 3 of Article 253 of the Code of Civil Procedures of the Russian Federation inasmuch as they empower the Supreme Court of the Russian Federation with authority to consider and solve the cases invalidating the normative legal acts of the Government of the Russian Federation. The mentioned provisions do not imply the solving by the Supreme Court of the Russian Federation of the cases challenging the normative legal acts of the Government of the Russian Federation adopted in execution of the authority vested in it directly by the federal law. The revealed constitutional and legal meaning of the mentioned provision is obligatory to all and excludes any other interpretation in the legal practice.
The normative regulation contained in Part 2 and Part 3 of Article 253 in relation to Item 2 of Part 1 of Article 27, Part 1, Part 2 and Part 4 of Article 251 of the Code of Civil Procedures of the Russian Federation stating that recognising of the normative legal act as contradicting the federal law from the day of adoption implies the loss of force of this normative legal act or part of it - inasmuch as it pertains to the checking of the normative legal acts that may be checked in the course of constitutional proceedings - has no legal power from the moment of adoption and may not be applied.
The Constitutional Court of the Russian Federation has abstained from recognising the provisions of Item 2 of Part 1 of Article 27, Part 1, Part 2 and Part 4 of Article 251, Parts 1, 2 and Part 3 of Article 253 of the Code of Civil Procedures of the Russian Federation as not complying with the Constitution of the Russian Federation in the form of the act. The Federal Assembly must adopt a federal constitutional law specifying the authority of the Supreme Court of the Russian Federation in consideration of the cases challenging such normative legal acts of the Government of the Russian Federation other than those falling in the exclusive authority of the Constitutional Court of the Russian Federation.
The Constitutional Court of the Russian Federation emphasised that the Decision does not imply the obligation to revise the earlier adopted by the Supreme Court Decisions on the cases challenging the provisions of the normative acts of the Government of the Russian Federation, which does not exclude for the authorised subjects opportunities to apply to the Constitutional Court of the Russian Federation with appropriate requests.
The Decision is entered into force immediately after annunciation.

Decision of the Government of the Russian Federation No. 42 of January 24, 2004 on the Amendments to Some of the Acts of the Government of the Russian Federation Pursuant to the Assigning of the Ministry of Finance of the Russian Federation As the Authorised Federal Body of Executive Power in Charge of Regulation, Control and Enforcement in the Sphere of Building and Investing of the Resources of Accumulated Pensions

The amendments are introduced to implement state regulation, control and enforcement in the sphere of building and investing of the resources to finance the accumulated part of the labour pension and in execution of the Federal Law on investing of the resources to finance the accumulated part of the labour pension in the Russian Federation.

Decision of the Government of the Russian Federation No. 39 of January 23, 2004 on the Amendments to the Decision of the Government of the Russian Federation No. 1198 of October 28, 1999

Specifies that unalloyed aluminium (code according to the Foreign Trade Commodity Nomenclature of the Russian Federation 7601 10 000 0) and initial aluminium alloys (code according to the Foreign Trade Commodity Nomenclature of the Russian Federation 7601 20 100 0) are exported outside the member-states of the Customs Union agreement duty free (earlier, 5% of the customs cost).
The Decision is entered into force one month after the day of its official publication.

Decision of the Government of the Russian Federation No. 36 of January 23, 2004 on the Amendments to the Decisions of the Government of the Russian Federation No. 830 of November 30, 2001 and No. 602 of August 21, 2001

Introduces the rates of the import customs duties for cellulose ethers, thread cutting machine-tools, food mincers and mixers, fruit or vegetable juicers and some other commodities.
The Decision is entered into force one month after the day of its official publication.

Decision of the Government of the Russian Federation No. 32 of January 23, 2004 on the Registration and Amount of Payment for the Registration of the System of Voluntary Certification

Defines the procedure of registration of the system of voluntary certification created in compliance with the Federal Law on technical regulation by a legal entity and/or natural person engaged in activities as an independent entrepreneur, or several such entities. The registration of the system of voluntary certification is vested in the State Standards Committee of Russia. Information of the entity (entities) having created the system of voluntary certification, of the rules of functioning of the system of voluntary certification, compliance sign and procedure of its application is included in the Uniform Register of the Registered Systems of Voluntary Certification.
The payment for the registration of the system of voluntary certification is fixed in the amount of Rbl 1,000.

Direction of the Central Bank of Russia No. 1379-U of January 16, 2004 on the Assessment of the Financial Stability of the Bank to Acknowledge It As Sufficient for Participation in the Deposit Insurance System

Specifies the composition of indicators, method of their calculation and determination of the summary result for them to recognise the financial stability of the bank as sufficient for participation in the deposit insurance system.
To assess the financial stability of the bank, the following groups of figures are used:
- group of figures to assess the capital including the figures of capital sufficiency and quality;
- group of figures to assess the assets including the figures of quality of loans and assets, amount of reserves for losses in loans and other assets, risk concentration for the assets;
- group of figures to assess the quality of management of the bank, its operations and risks including the figures of property structure transparency, organisation of risk management systems and internal control service;
- group of figures to assess incomes including the figure of profitability of assets and capital, structure of incomes and expenses, profitability of individual types of operations;
- group of figures to assess liquidity including the figures of liquidity of assets, liquidity and structure of obligations, bank general liquidity, risk for big creditors and depositors.
Financial stability of the bank is recognised to be sufficient to recognise the bank as complying with the requirements for participation in the deposit insurance system if the assessment of each of the five summary results for the groups of figures used to assess the financial stability is recognised as satisfactory.
The Direction is entered into force 10 days after the day of its official publication in the Herald of the Bank of Russia.
Registered in the Ministry of Justice of the Russian Federation on January 23, 2004. Reg. No. 5485.

Regulation of the Central Bank of Russia No. 248-P of January 16, 2004 on the Procedure of Consideration by the Bank of Russia of the Bank Request to Adopt the Statement of the Bank of Russia of the Bank Compliance with the Requirements for Participation in the Deposit Insurance System

Defines the procedure and the stages of consideration in the territorial institution and the central office of the Bank of Russia of the request to adopt the statement of the bank compliance with the requirements for participation in the deposit insurance system. Defines the functions of the structural divisions and territorial institutions of the Bank of Russia, time limits for decision taking, contensive goals for each stage of the request consideration. The adoption of a positive statement by the Banking Enforcement Committee of the Bank of Russia means the bank admission to the deposit insurance system.
The Bank of Russia shall take the decision on the bank request within 9 months from the day of its sending. If the Banking Enforcement Committee of the Bank of Russia takes a negative decision, the bank may renew the request and the Banking Enforcement Committee of the Bank of Russia will take a new decision.
The Regulation is entered into force 10 days after the day of its official publication in the Herald of the Bank of Russia.
Registered in the Ministry of Justice of the Russian Federation on January 23, 2004. Reg. No. 5484.

Regulation of the Central Bank of Russia No. 247-P of January 16, 2004 on the Procedure of Consideration by the Bank of Russia of the Application to Appeal against the Negative Statement of the Bank of Russia on the Repeated Request for the Bank Compliance with the Requirements for Participation in the Deposit Insurance System

Decision of the negative statement may be appealed against by the bank within 1 month from the day of its adoption by the Banking Enforcement Committee. As a result of consideration of the application of the bank, the Banking Enforcement Committee within one month after receiving it shall take a decision to either satisfy it or confirm the negative statement on the repeated request. In the latter case, the negative statement may be appealed against anew within one month from the day of its adoption. Decision on the repeated application is taken by the Chairman of the Bank of Russia within one month from the day of receiving.
The Regulation is entered into force 10 days after the day of its official publication in the Herald of the Bank of Russia.
Registered in the Ministry of Justice of the Russian Federation on January 23, 2004. Reg. No. 5483.

Decision of the Federal Commission for Securities Market No. 03-52/PS of December 24, 2003 on the Endorsement of the Procedure of Estimation of the Market Price of Emission Securities and Investment Shares of the Shared Investment Funds Released for Circulation through Trade Organisers and the Fixing of the Limits of Fluctuation of the Market Price

The endorsed procedure applies in cases of determination of the taxable base for the incomes tax from natural persons according to the procedure envisaged in Chapter 23 of the Tax Code of the Russian Federation, when reassessing investments in securities, when assessing securities accepted by the broker as a security for marginal deals and in other cases.
The limits of the market price fluctuations for the purposes of determination of the financial result from the sale (withdrawal) of emission securities and investment shares of the shared investment funds is fixed in the amount of 20% up and down from the market price of the security.
Registered in the Ministry of Justice of the Russian Federation on January 23, 2004. Reg. No. 5480.

Decision of the Federal Commission for Securities Market No. 03-45/ps of December 17, 2003 on the Amendments to the Standards of Issue of Securities and Registration of Prospectuses of Securities Endorsed by the Decision of the Federal Commission for Securities Market of Russia No. 03-30/ps of June 18, 2003

Refines the particulars of the placing of securities in cases of reorganisation of legal entities. Specifies that the registered capital of the joint-stock company created as a result of a reorganisation must not be greater than the cost of its net assets except for the cases of creation of joint-stock companies through privatisation of state and municipal enterprises when the federal law envisages another procedure of building of the registered capital. Reorganisation of a joint-stock company in the form of a merger or incorporation involving a legal entity of another organisational legal form is permitted in cases specifies by the federal laws. Reorganisation of a joint-stock company in the form of isolation or separation forming a new legal entity of another organisational legal from is also permitted only in cases specified in the federal laws.
The placing of securities in cases of a merger, incorporation, isolation and separation of legal entities is carried out only by conversion.
Registered in the Ministry of Justice of the Russian Federation on January 23, 2004. Reg. No. 5479.

Decision of the Federal Commission for Securities Market No. 03-44/ps of December 17, 2003 on the Amendments to the Decision of the Federal Commission for Securities Market No. 23 of August 31, 2001 on the Information Provided by Trade Organisers at Securities Market As a Result of the Deals with Payments Made by the Broker Using Monetary Resources or Securities Provided by the Broker to the Client on the Deferred Return Basis

Specifies the procedure of providing information by trade organisers at the securities market as a result of the deals using monetary resources and/or securities handed over by the broker to the client as a loan (marginal deals). Provided information is sent on the daily basis to the Federal Commission for Securities Market of Russia no later than 14:00 of the working day following the reported day (earlier, no later than 9:00 of the following working day).
Registered in the Ministry of Justice of the Russian Federation on January 23, 2004. Reg. no. 5478.

Order of the State Fishery Committee of the Russian Federation No. 449 of December 11, 2003 on the Endorsement of the Procedure of Distribution of the Quotas for the Catching (Extraction) of Water Biological Resources for the Purposes of Their Reproduction and Acclimatisation

To enjoy the quotas, the user sends to the basin body in charge of the protection, reproduction of the water biological resources and regulation of fishing an appropriate request meeting the requirements listed in the Order. The basin body shall examine together with the scientific research fishery organisations requests and submit summary requests to the State Fishery Committee of Russia, as well as suggestions on quota allocation.
The Order defines the components of the volume of the quotas for the catching (extraction) of the water biological resources for the purposes of their reproduction and acclimatisation.
Registered in the Ministry of Justice of the Russian Federation on January 23, 2004. Reg. No. 5477.

Order of the State Customs Committee of the Russian Federation No. 1441 of December 11, 2003 on the Fixing of the Authority of the Customs Bodies in the Customs Operations Carried out on the Diplomatic Mail and Commodities Moved by Individual Categories of Foreigners

Lists the customs bodies empowered with authority to carry out customs operations on the diplomatic mail and the consular pouch. Other customs bodies may carry out customs operations only on commodities, diplomatic mail and the consular pouch if such operations pertain to the internal customs transit procedure, customs regimes of international customs transit and reexport.
Registered in the Ministry of Justice of the Russian Federation on January 22, 2004. Reg. No. 5469.

Decision of the Federal Commission for Securities Market No. 03-50/ps of December 24, 2003 on the Amendment to the Procedure of Assigning of the State Registration Numbers to the Issues of Emission Securities Endorsed by the Decision of the Federal Commission for Securities Market of Russia No. 03-16/ps of April 1, 2003.

Specifies the procedure of taking decisions on the revocation of the earlier assigned state registration No. and assigning a new registration No. to the issues of emission securities registered before the entry into force of the Decision of the Federal Commission for Securities Market of Russia No. 03-16/ps of April 1, 2003 and not complying with it.
The body in charge of the registration shall notify of it, no later than within three days of the date of adoption of the decision, the issuer of emission securities or the person in charge of the registration of the rights for such emission securities.
Registered in the Ministry of Justice of the Russian Federation on January 22, 2004. Reg. No. 5456.

Order of the Ministry of Taxation of the Russian Federation No. BG-3-23/709 of December 23, 2003 on the Endorsement of the Form of the Tax Declaration for the Incomes Obtained by a Russian Organisation from Sources outside the Russian Federation and Its Filling Instruction

The declaration is submitted by the Russian organisation when applying to the tax bodies for the purposes of offsetting in compliance with the legislation on taxes of the Russian Federation and agreements on avoidance of double taxation of the amounts of the profit (income) tax paid out (collected) in the foreign state. The tax declaration is submitted by the taxpayers to the tax bodies at the place of registration. The declaration may be submitted to the tax bodies in any of the reported (tax) period regardless of the time of payment (collection) of the tax in the foreign state simultaneously with the submission of the declaration for the profit tax.
Registered in the Ministry of Justice of the Russian Federation on January 20, 2004. Reg. No. 5431.