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Daily Monitoring of the Legislation

Monitoring of the Federal Legislation dated 27.10.2004

Federal Law No. 126-FZ of October 25, 2004 on the Amendments to the Code of Administrative Violations of the Russian Federation

The amendments enhance administrative responsibility for the violations in the sphere of migration relations. Introduces a higher administrative fine for the violation of the rules of stay (residence) in the Russian Federation of foreign citizens or stateless persons, rules of attracting and use of foreign workforce in the Russian Federation.

Thus, violation by a foreign citizen or stateless person of the regime of stay in the Russian Federation expressed in the violation of available rules of entry in the Russian Federation or absence of the documents confirming the right of stay (residence) in the Russian Federation implies an administrative fine in the amount of 10 to 15 minimum amounts of labour remuneration followed by a deportation from the Russian Federation or without it.

The Law introduces responsibility of the foreign citizens living permanently in the Russian Federation for the violation of the rules of stay of foreign citizens or stateless persons. Increases the maximum amount of the administrative fine for the similar violations from 10 to 15 minimum amounts of labour remuneration. The failure on the part of the inviting party to take measures to provide for the timely registration of the mentioned citizens according to established procedure and their exit from the Russian Federation may inflict a fine in the amount of 5 to 20 minimum amounts of labour remuneration (earlier, from 1 to 3 minimum amounts of labour remuneration).

The Law introduces responsibility for the work of foreign workers in the Russian Federation without the work permission - administrative fine in the amount of 10 to 25 minimum amounts of labour remuneration followed by a deportation from the Russian Federation or without it. Besides, a higher administrative fine may be imposed on the party ordering the works (services) if there violations of the rules of attracting and use of foreign workforce in the Russian Federation.

The Federal Law is entered into force 30 days after the day of its official publication.

Decision of the Government of the Russian Federation No. 579 of October 25, 2004 on the Endorsement of the Regulation on the Composition and Procedure of Preparation of the Documents on the Transfer of the Lands of the Forestry Fund into the Lands of Other Categories

Defines an exhaustive list of the documents on the transfer of the lands of the forestry fund into the lands of other categories and procedure of their preparation.

The Decision is entered into force from November 1, 2004.

Decision of the Government of the Russian Federation No. 578 of October 25, 2004 on the Amendments to the Decision of the Government of the Russian Federation No. 245 of April 17, 2002

Changes the procedure of submission of information to the Committee for Financial Monitoring of Russia by organisations carrying out operations with monetary resources and other property. The changes are stipulated by the reformation of the Committee for Financial Monitoring of Russia into the Federal Service for Financial Monitoring. The list of organisations submitting information to the Federal Service for Financial Monitoring includes the ones rendering mediation services in the sale-and-purchase deals with immovable property.

Decision of the Government of the Russian Federation No. 576 of October 25, 2004 on the Endorsement of the Index of Growth of the Average Monthly Earnings in the Russian Federation for 2003 and the Index of Growth of Incomes of the Pension Fund of the Russian Federation Per Pensioner Allocated to Pay out the Insured Part of the Labour Pensions for 2003

The index of growth of the average earnings in the Russian Federation for the year 2003 is fixed in the amount of 1.261. The index of growth of incomes of the Pension Fund of the Russian Federation per pensioner allocated to pay out the insured part of the labour pensions for the year 2003 is fixed in the amount of 1.177.

Decision of the Government of the Russian Federation No. 573 of October 21, 2004 on the Procedure and Terms of Financing of the Bankruptcy Proceedings of Absent Debtors

Defines the procedure and terms of financing of the bankruptcy proceedings of the absent debtor arranged to the application of the federal body of executive power, body of executive power of the subject of the Russian Federation and body of local government, as well as the amount of reward of the bankruptcy commissioner in charge of the bankruptcy proceedings of the absent debtor arranged to the application of the authorised body.

The lumpsum reward of the bankruptcy commissioner for the bankruptcy proceedings of the absent debtor amounts to Rbl 10,000.

Order of the State Courier Service of the Russian Federation No. 283 of September 22, 2004 on the Endorsement of the Regulation on the Procedure of Assigning of the Qualification Grade (Class, Category) to Some of the Employees of the Federal Courier Service

The State Courier Service of Russia and its territorial bodies create qualification commissions to assign the qualification grade (classe, category) to employees, workers and the courier drivers. The Order defines the main tasks of the qualification commissions, lists the requirements to the employees wishing to improve qualification rating, specifies the procedure of passing of the qualification examination.

Registered in the Ministry of Justice of the Russian Federation on October 25, 2004. Reg. No. 6068.

Order of the Ministry of Agriculture of the Russian Federation, Ministry of Economic Development of the Russian Federation and the Ministry of Finance of the Russian Federation No. 502/282/90n of October 20, 2004 on the Organisation of Auctions of Sale of the Shares in the Total Volume of Quotas for the Catching (Extraction ) of Water Biological Resources

Defines the terms of auctions of sale of shares in the total volume of quotas for the catching (extraction) of water biological resources newly permitted for industrial use, as well as for the catching (extraction) of water biological resources in the newly mastered regions. The organiser of the auctions is the Federal Fishery Agency. The auctions may be open- and closed-type as to the composition of participants. The participants may include Russian independent entrepreneurs and legal entities possessing proprietary rights for the vessels entitled to catch water biological resources without overdue debts in the payment of taxes and fees to the budgets of the budget system of the Russian Federation.

Registered in the Ministry of Justice of the Russian Federation on October 22, 2004. Reg. No. 6083.

Order of the Ministry of Public Health and Social Development of the Russian Federation No. 143 of September 30, 2004 on the Body in Charge of the Keeping of the Federal Register of Persons Entitled for the State Social Aid

The body in charge of the keeping of the Federal Register of Persons Entitled for the State Social Aid shall be the Pension Fund of the Russian Federation and its territorial bodies.

Registered in the Ministry of Justice of the Russian Federation on October 22, 2004. Reg. No. 6082.

Direction of the Central Bank of Russia No. 1506-U of October 13, 2004 on the Amendments to the Regulation of the Bank of Russia No. 255-P of March 29, 2004 on Obligatory Reserves of Credit Organisations

The amendments refine the composition of reserved obligations, procedure of regulation of the amount of obligatory reserves and calculation of the amount of obligatory reserves due for depositing in the Bank of Russia.

Invalidates Appendix 4 "Description of Balance Accounts 52005, 52006 for the Year ___ ".

The Direction is entered into force from November 1, 2004.

Registered in the Ministry of Justice of the Russian Federation on October 22, 2004. Reg. No. 6081.

Order of the Ministry of Public Health and Social Development of the Russian Federation No. 31 of July 16, 2004 on the Improvement of Labour Remuneration of the Persons Occupying Individual State Positions in the Federal State Service

Introduces monetary subsistence for the servants of the central office of the Ministry of Public Health of Russia consisting of the salary of the occupied position, supplement for the special conditions of the state service, supplement for the qualification grade to the salary for the position, supplement for the length of service to the salary for the position, bonuses for the results of work.

Provides the amounts of salaries for the occupied position and the monthly supplement for the special conditions of the state service, for the qualification grade and the length of service, as well as the amounts of the monthly monetary award.

The Order is entered into force from April 1, 2004.

Registered in the Ministry of Justice of the Russian Federation on October 21, 2004. Reg. No. 6080.

Order of the Ministry of Finance of the Russian Federation No. 77n of September 9, 2004 on the Endorsement of the Procedure of Processing of Waste and Scrap of Precious Metals of the State Fund of Russia

Defines the terms of processing of waste and scrap of precious metals of the State Fund of Russia to obtain refined precious metals, as well as determine permissible norms of technological losses and processing waste.

Selection of the values of the State Fund of Russia not rated as unique and not possessing historical and cultural significance to qualify them as scrap for further processing is vested in the expert commission of the Ministry of Finance of Russia.

The processing of the values of the State Fund of Russia is arranged on the contest basis by organisations entitled to refine precious metals.

Registered in the Ministry of Justice of the Russian Federation on October 21, 2004. Reg. No. 6079.

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