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Monitoring of the Federal Legislation dated 4.04.2005

Federal Law No. 29-FZ of April 1, 2005 on the Amendments to the Criminal Execution Code of the Russian Federation

Specifies that the convicts not permitting violations of the established procedure of detention in the wards are entitled for longer outdoor walks at the decision of the chief of the penitentiary institution, up to two hours a day for one month.

An early release of the convict from the isolation ward is permitted at the decision of the chief of the colony or the person replacing him for educational purposes or for medical reasons.

Federal Law No. 28-FZ of April 1, 2005 on the Amendments to the Criminal Execution Code of the Russian Federation

Specifies that the convicts being repeated violators of established procedure of detention may be transferred from colonies to jail for up to three years, with the rest of the term being served in the colony type they were sent from. Transfer to jail does not apply to those convicted for life-time imprisonment, those with the death penalty replaced with the life-time imprisonment and women.

Decision to place in the isolation ward must contain the length of detention.

Federal Law No. 27-FZ of April 1, 2005 on the Amendments to Some of the Legislative Acts of the Russian Federation and on Invalidation of Individual Provisions of Legislative Acts of the Russian Federation

Amends the Federal Laws No. 53-FZ of March 28, 1998 on the military duty and military service, No. 114-FZ of July 21, 1997 on the service in the customs bodies of the Russian Federation, No. 69-FZ of December 21, 1994 on the fire safety, Law of the Russian Federation No. 1026-I of April 18, 1991 on militia, Regulation on the service in the bodies of internal affairs of the Russian Federation endorsed by the Decision of the Supreme Soviet of the Russian Federation No. 4202-I of December 23, 1992.

The amendments remove the controversies of the mentioned laws pertaining to registration for military purposes and provide for a uniform approach in organisation of the record keeping and execution of the military duty. Specifies that the persons covered by the above laws may terminate their service because of the call up to the military service or replacing it alternative civil service.

The Federal Law is entered into force from April 1, 2005.

Federal Law No. 26-FZ of March 31, 2005 on the Amendment to Article 5 of the Federal Law on the Jury of the Federal Courts of General Jurisdiction in the Russian Federation

Since the legislation of the Russian Federation does not specify the citizenship status of the municipal formation, refines the norm of Item 4 of Article 5 of the mentioned Law.

Federal Law No. 25-FZ of March 31, 2005 on the Amendments to the Code of Arbitration Procedures of the Russian Federation and Invalidation of the Federal Law on the Amendment to Article 59 of the Code of Arbitration Procedures of the Russian Federation

According to the amendments to Article 59 of the Code of Arbitration Procedures of the Russian Federation, lawyers and other persons rendering legal aid may act as representatives of organisations in a court of arbitration. This is in compliance with the position of the Constitutional Court of the Russian Federation expressed in the Decision No. 15-P of July 16, 2004. The Constitutional Court of the Russian Federation earlier recognised as unconstitutional the provision stating that the persons rendering legal aid and selected by organisations may not act as representatives in a court of arbitration, if they are not being lawyers or the persons on the payroll in these organisations.

The amendments also pertain to the procedure of revising of judicial acts as an enforcement measure. At the request of the applicant, the time limit specified for submission of application or representation to revise the judicial act, if missed for reasons not depending on him, may be restored by the judge of the Higher Arbitration Court of the Russian Federation on condition that the request is submitted no later than within 6 months from the day of entry into legal force of the most recent challenged judicial act or the day when this person learnt or was to learn of the violation of his rights or legal interests by the challenged act. Restoration of the expired time limit is indicated in the ruling of acceptance of the application or representation to process it, refusal to restore it - in the ruling of return of the application or representation. Restoration of the time limits is permitted in the cases of challenging of judicial acts adopted before the entry into force of the given Federal Law, if the spec ified maximum permissible time limits have not expired as of the day of its entry into force.

The Federal Law is entered into force from the day of its official publication.

Decision of the Government of the Russian Federation No. 174 of March 31, 2005 on the Amendments to the Decision of the Government of the Russian Federation No. 249 of April 28, 2003

Changes the procedure of collection of regular payments for the use of subsoil resources from the users of subsoil resources engaged in prospecting and surveys of the deposits on the continental shelf of the Russian Federation and in the exclusive economic zone, as well as outside the Russian Federation on the territories under the jurisdiction of the Russian Federation.

Specifies that the specific amount of the rate of the regular payment is determined by the Federal Agency for the Use of Subsoil Resources within the range of specified minimum and maximum rates.

Users of subsoil resources shall submit on the quarterly basis, no later than the last of the month following the expired quarter to the Federal Tax Service of Russia and the Federal Agency for the Use of Subsoil Resources estimates of regular payments for the use of subsoil resources according to the forms endorsed by the Ministry of Finance Russia in coordination with the Ministry of Natural Resources of Russia.

Decision of the Government of the Russian Federation No. 171 of March 31, 2005 on the Endorsement of the Regulation on Cash Payments and (or) Payments Using Pay Cards without Cash Registers

Specifies the procedure for making cash payments and (or) payments using pay cards without the use of cash registers by organisations and independent entrepreneurs in cases of rendering services to the population on condition of issue of appropriate strict-reporting forms by them equal to cash slips, as well as the procedure of endorsement, registration, storage and destruction of blank forms.

Strict-reporting forms equal to cash slips shall include slips, tickets, travel documents, tokens, accommodations, user subscriptions and other documents intended for making cash payments and (or) payments using pay cards in cases of rendering services to the population.

The blank forms shall be endorsed by the Ministry of Finance of Russia. The documents drawn up on such forms shall be qualified as initial registration documents (except for the blank forms intended for making cash payments for the travel on the ground passenger public-use transport).

The earlier endorsed strict-reporting forms may be used before the endorsement of the new forms, however, no later than January 1, 2007.

Decision of the Government of the Russian Federation No. 170 of March 31, 2005 on the Non-Application of the Rate of the Export Customs Duty for Nickel Alloys

The rate of the export customs duty earlier endorsed in the amount of 5% of the customs cost shall not apply for nickel alloys (code according to the Foreign Trade Commodity Nomenclature of the Russian Federation 7502 20 000 0). The Decision is entered into force one months after the day of its official publication.

Decision of the Government of the Russian Federation No. 166 of March 29, 2005 on the Amendments to the Customs Tariff of the Russian Federation Pertaining to Motor Components Imported for Industrial Assembly

Refines individual rates of the import customs duties for motor components imported for industrial assembly. The notion of "industrial assembly" and the terms of its application shall be defined according to the procedure to be worked out by the Ministry of Economic Development of Russia together with the Ministry of the Industry and Power Supplies of Russia and the Ministry of Finance of Russia. Motor components imported for industrial assembly shall be subject to the beneficial import rate, or shall be imported duty free. The rates are introduced for 9 months.

The Decision is entered into force from the day of its official publication, except for individual norms to be entered into force from April 15, 2005.

Order of the Government of the Russian Federation No. 335-r of April 1, 2005

Issues orders to federal bodies of executive power to arrange leisure, rehabilitation and employment of children in 2005. In particular, the Social Insurance Fund of Russia is ordered to provide for a full or partial coverage of the cost of accommodations, sets of foodstuffs, cost of travel of accompanying persons for the children of the insured persons in the amounts specified in the Law on the budget of the Social Insurance Fund of Russia.

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