Monitoring of the Federal Legislation dated 29.06.2004

Decision of the Constitutional Court of the Russian Federation of June 29, 2004 on the Case of Constitutionality of Individual Provisions of Articles 7, 15, 107, 234 and 450 of the Code of Criminal Procedures of the Russian Federation Pursuant to the Request of the Group of Deputies of the State Duma

Part 6 of Article 234 of the Code of Criminal Procedures of the Russian Federation is recognised as not complying with the Constitution of the Russian Federation inasmuch as the provisions contained in it exclude an opportunity of satisfying the request of the defence to summon the witness to establish the culprit alibi if it was not declared during preliminary investigation and was not refuted by the investigator or prosecutor.

The Constitutional Court of the Russian Federation recognised Parts 1 and 2 of Article 7 of the Code of Criminal Procedures of the Russian Federation instituting the priority status of the Code of Criminal Procedures of the Russian Federation as compared to other federal laws and normative legal acts as not contradicting the Constitution of the Russian Federation.

Part 2 of Article 15 of the Code of Criminal Procedures of the Russian Federation is also recognised as complying with the Constitution of the Russian Federation since the provisions contained in it do not imply a restriction of the constitutional principle of competition not exempting the officials of the state bodies participating in the criminal proceedings on the side of the prosecution from fulfilling in the course of investigation of crimes and court processing of criminal cases the constitutional duty to protect the rights and freedoms of man and citizen, including the illegal and unmotivated accusation, conviction, other restriction of rights and liberties.

The Constitutional Court of the Russian Federation recognised Part 8 of Article 234 of the Code of Criminal Procedures of the Russian Federation as not contradicting the Constitution of the Russian Federation since the norm of the given article does not exclude an opportunity of interrogation of the persons enjoying witness immunity of the circumstances of investigation or withdrawal or filing the documents in the criminal case if they agree to it.

The Decision is entered into force immediately after annunciation.

Decision of the Government of the Russian Federation No. 314 of June 26, 2004 on the Endorsement of the Regulation on the Federal Outer Space Agency

The Federal Outer Space Agency is an authorised federal body of executive power in charge of the implementation of the state policy and normative-and-legal regulation, rendering of state services and state property management in the sphere of outer space activities, international cooperation in joint projects and programs in the sphere of outer space activities, works carried out by organisations of the missile and outer space industry for the purposes of missile and outer space equipment of military destination, combat missile equipment of strategic use, as well as the general coordination of works carried out at the Baykonur Launch Site.

The Federal Outer Space Agency shall carry out the licensing of the outer space activities, as well as fulfil the functions of licensing of development, production, repair and utilisation of armaments and military equipment for the types qualified as the sphere of reference of the Agency.

Decision of the Government of the Russian Federation No. 313 of June 26, 2004 on the Prolongation for the Year 2004 of the Time of the Experiment of Switchover to the Financing of Individual Institutions of Higher Professional Education on the Basis of the Personal State Financial Obligations

An institution of higher education may participate in the experiment in the 2004/2005 academic year under the condition of declaration of the cost of study for each speciality, direction of training and form of study at least one month in advance of acceptance of documents. Another prerequisite is admission to the first year of study to all specialities (except for individual specialities defined by the Ministry of Education and Science) where the institution provides education of all students on the basis of the uniform state examination only except for the persons admitted without entrance examinations.

Decision of the Government of the Russian Federation No. 311 of June 26, 2004 on the Endorsement of the Regulation on the Ministry of Information Technologies and Communication of the Russian Federation

The Ministry of Information Technologies and Communication is a federal body of executive power in charge of the working out of the state policy and normative-and-legal regulation in the sphere of information technologies, tele- and postal communication, including the use of information technologies in the building of the state information resources and providing access to them, development of the system of TV and radio broadcasting, use and conversion of the radio frequency range.

The Ministry shall act as the postal administration of the Russian Federation and fulfil the functions of the communication administration of the Russian Federation in international activities in the sphere of communication.

The Ministry shall coordinate and control the activities of supervised by it Federal Service of Enforcement in the Sphere of Communication, Federal Agency of Information Technologies and the Federal Agency of Communication.

Decision of the Plenum of the Supreme Court of the Russian Federation No. 11 of June 15, 2004 on the Judicial Practice in the Cases of Crimes Envisaged in Articles 131 and 132 of the Criminal Code of the Russian Federation

Explains individual issues of application by courts of Articles 131 "Rape" and 132 "Violent Actions of Sexual Nature" of the Criminal Code of the Russian Federation. Thus, the Decision defines that "other actions of sexual nature" imply, in particular, the compulsion of a man by a women to commit a sexual act by the use of force or threat of its use. "Other heavy consequences" of the rape or violent actions of sexual nature include the consequences other than those associated with a heavy damage to the health of the victim incurred through negligence or infecting him with AIDS virus. This may appear to be a suicide of the victim.

The courts must find out in each case if there was a violence or threat of its use for the victim or other persons, as well as the particular expression of the violence or threat of its use. Actions of the person having obtained the woman's consent for the sexual intercourse or actions of sexual nature through fraudulence or abuse of credence (for example, promise to marry known to be false) may not be regarded as crimes against sexual immunity or sexual freedom of the person.

A gang-rape or violent actions of sexual nature shall also include the actions of the assisting persons through the use of physical or psychic violence to the victim. The actions of such persons shall be qualified as joint participation.

Order of the Ministry of Finance of the Russian Federation No. 49n of June 11, 2004 on the Amendments to the Procedure of Execution of the Summary Budget List of the Federal Budget for the Year 2004 and Amendments to It Endorsed by the Order of the Ministry of Finance of the Russian Federation No. 116n of December 18, 2003

The agency structure of expenses of the federal budget for the year 2004 is being brought in compliance with the structure of the federal bodies of executive power endorsed by the Decree of the President of the Russian Federation No. 649 of May 20, 2004.

Registered in the Ministry of Justice of the Russian Federation on June 25, 2004. Reg. No. 5877.