Monitoring of the Federal Legislation dated 4.06.2004

Decision of the Constitutional Court of the Russian Federation of June 3, 2004 on the Case of Constitutionality of Provisions of Subitems 10, 11 and 12 of Item 1 of Article 28, Subitems 1 and 2 of Article 31 of the Federal Law on Labour Pensions in the Russian Federation Pursuant to the Requests of the State Duma of the Astrakhan Province, Supreme Court of the Udmurt Republic, Birobidzhan City Court of the Jewish Autonomous Province, Yelets City Court of the Lipetsk Province, Levoberezhny, Oktyabrsky and Sovietsky Regional Courts of the City of Lipetsk, As Well As Appeals of a Number of Citizens <br>

In the course of the investigation, the Constitutional Court of the Russian Federation has found out that the Law of the Russian Federation No. 340-I of November 20, 1990 on the state pensions in the Russian Federation permitted to assign the old-age labour pension ahead of the pension age to teachers and medics having worked in state institutions for more than 25 and 30 years. From January 1, 2002, there is a new Federal Law of December 17, 2001 on the labour pensions in the Russian Federation having disqualified from the early pension the citizens having worked in the child-care and medical institutions having been the structural divisions of state enterprises converted into joint-stock companies in the 90s.

Thus, the subject of the investigation of the Constitutional Court of the Russian Federation appeared to be interconnected normative provisions of Subitems 10, 11 and 12 of Item 1 of Article 28 of the Federal Law on labour pensions in the Russian Federation where they institute for the persons engaged in pedagogical, medical-treatment and creative activities as a prerequisite for assigning an early old-age pension before reaching the pension age availability of these activities only in state-run or municipal institutions.

The Constitutional Court of the Russian Federation recognised as not complying with the Constitution of the Russian Federation interconnected normative provisions of Subitems 10, 11 and 12 of Item 1 of Article 28 and Items 1 and 2 of Article 31 of the Federal Law on labour pensions in the Russian Federation.

According to the Decision, the periods of work of the persons engaged in pedagogical, medical-treatment and creative activities in appropriate non-state institutions must be taken into account when assigning the labour old-age pension before reaching the pension age. The cases of applicant citizens in this case must be revised according to established procedure.

Instruction of the Central Bank of Russia No. 113-I of April 28, 2004 on the Procedure of Opening, Closing, Organisation of Work of Exchange Offices and Procedure of Carrying out by Authorised Banks of Individual Types of Bank Operations and Other Transactions with Foreign Currencies in Cash and the Currency of the Russian Federation, Cheques (Including the Traveller's Cheques) with the Nominal Value in Foreign Currencies Involving Natural Persons <br>

Specifies the duty to draw up and hand over for expert evaluation by the authorised bank the document confirming the operation with foreign currencies in cash and payment documents in foreign currencies carried out by the natural person, except for the operations of acceptance of banknotes of foreign states (group of states) and the banknotes of the Bank of Russia permitting to doubt the authenticity, as well as to accept foreign currencies in cash and cheques for encashment. For individual operations (accepting and handing out of foreign currencies in cash to be entered on the accounts of natural persons), the document is drawn up and handed out to the natural person against his request. The Instruction does not contain a uniform form of the mentioned document, only its obligatory requisites. Since obligatory requirements to identify the clients by credit organisations are available in the legislation on the combating of legalisation (laundering) of incomes obtained in a criminal way, the Instruction abandon s the requirement on the issue of certificate Form 0404007 by the authorised banks.

There is a new provision permitting to carry out operations with foreign currencies in cash and cheques if the natural person presents the driver's license to the employee of the exchange office.

To reduce unreasonable expenses of the authorised banks opening exchange offices, the Instruction envisages a procedure of opening of exchange offices similar to the one specified by the Bank of Russia for operative cash departments beyond the front office.

Cash operations, including encashment, transportation and storage of cash and values for the exchange offices, and organisation of work with non-payable, doubtful currency notes and those bearing the signs of forgery are carried out according to the procedure specified in the Regulation of the Bank of Russia No. 199-P of October 9, 2002 on the procedure for carrying out cash operations in credit organisations on the territory of the Russian Federation. The Instruction does not contain the norms on registration of operations with foreign currencies in cash carried out in exchange offices and operative cash departments, as well as the norms pertaining to inspection checks of the mentioned bank divisions.

The Instruction is entered into force from June 18, 2004.

Registered in the Ministry of Justice of the Russian Federation on June 2, 2004. Reg. No. 5824.

Decision of the Ministry of Labour of the Russian Federation No. 61 of April 26, 2004 on the Amendments to the Interim Criteria of Determination of the Loss of Professional Abilities As a Result of Industrial Accidents and Occupational Diseases Endorsed by the Decision of the Ministry of Labour and Social Development of the Russian Federation No. 56 of July 18, 2001 <br>

Changes the procedure of determination of the loss of professional abilities in percent. Specifies that the 60% loss of professional abilities with a moderate bodily impairment may be qualified in two more cases: if the victim can perform a job using professional knowledge and skills, however, with the qualification reduced by four tariff grades, as well as if the victim can perform easy, unqualified types of work using professional knowledge and skills.

Also specifies that the 40% loss of professional abilities is qualified if the victim can perform jobs using professional knowledge and skills, however, with qualification reduced by two tariff grades.

The Decision is entered into force from February 3, 2004.

Registered in the Ministry of Justice of the Russian Federation on June 2, 2004. Reg. No. 5817.

Order of the Ministry of Finance of the Russian Federation No. 44n of May 12, 2004 on the Endorsement of the New Wording of the Typical Form of the Agreement on the Mutual Certification of Signatures Endorsed by the Order of the Ministry of Finance of the Russian Federation No. 79n of August 21, 2003 on the Endorsement of the Typical Form of the Agreement on the Mutual Certification of Signatures <br>

Provides the new wording of the typical form of the agreement on the mutual certification of signatures. The similar typical form endorsed by the Order of the Ministry of Finance of the Russian Federation No. 79n of August 21, 2003 on the endorsement of the typical form of the agreement on the mutual certification of signatures is invalidated.

Registered in the Ministry of Justice of the Russian Federation on June 2, 2004. Reg. No. 5813.

Regulation of the Central Bank of Russia No. 256-P of April 28, 2004 on the Interim Procedure of Issue of Permissions to Open and Use Accounts in the Banks outside the Russian Federation by the Bank of Russia to Resident Legal Entities Not Being Credit Organisations and Currency Exchanges <br>

Permission to open and use a bank account of a resident in foreign currency in a non-resident bank outside the Russian Federation is issued by the Department of Currency Regulation and Currency Control of the Bank of Russia (to the federal and regional bodies of state power) or the territorial institution of the Bank of Russia at the place of the state registration of the resident (all other residents except for the credit organisations, currency exchanges and natural persons).

The permission must be obtained before the opening of the currency account and carrying out of operations with it. The Regulation lists the documents to be attached to the application for the permission. The application is drawn up in free form indicating information listed in the appendix to the Regulation.

The Bank of Russia, within two months from the date of submission of the application, must either issue the permission or send a motivated refusal to issue the permission. The Regulation lists the reasons of such refusal. In particular, the Bank of Russia may refuse to issue the permission to the resident if the application and the documents presented by the resident show that the resident may carry out currency operations using an account in the authorised bank. The Regulation provides the form of the quarterly report of the flow of resources on the currency account (OKUD code 0406004) submitted by the resident in compliance with the terms of the permission.

The earlier issued permissions preserve their force until expiry.

The Regulation is entered into force from June 18, 2004 and remains in force within one year from the day of entry into force.

Registered in the Ministry of Justice of the Russian Federation on June 2, 2004. Reg. No. 5810.