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Daily Monitoring of the Legislation

Monitoring of the Federal Legislation dated 8.04.2005

Federal Constitutional Law No. 3-FKZ of April 5, 2005 on the Amendments to the Federal Constitutional Law on the Judicial System in the Russian Federation

The limiting age for stay in a position of a judge of the federal court is increased from 65 to 70 years. The given provision applies to all judges of the federal courts under 65 as of the day of entry into force of the Federal Constitutional Law, except for the judges of the federal courts assigned to their positions for the first time for three years.

Authority of the judge is terminated upon expiry or when he reaches the limiting age. Earlier, the authority was terminated or suspended only at the decision of the appropriate qualification board of judges.

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

Federal Constitutional Law No. 2-FKZ of April 5, 2005 on the Amendments to the Federal Constitutional Law on the Constitutional Court of the Russian Federation

According to the amendments, authority of a judge of the Constitutional Court of the Russian Federation is not restricted to a pre-defined period (earlier, 15 years). The Law preserves the limiting age for the position of the judge of the Constitutional Court of the Russian Federation - 70 years. The judge having reached the limiting age continues to execute his duties until adoption of the final decision on the case he started or until a new judge is assigned to his position.

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

Federal Law No. 33-FZ of April 5, 2005 on the Amendments to the Law of the Russian Federation on the Status of Judges in the Russian Federation, Federal Law on the Justices of the Peace in the Russian Federation, Federal Law on the Amendments to the Law of the Russian Federation on the Status of Judges in the Russian Federation and the Federal Law on the Bodies of the Judicial Community in the Russian Federation

The limiting age for the position of a judge is increased from 65 to 70 years. For the judges of the constitutional (charter) courts of the subjects of the Russian Federation, the laws of the appropriate subjects may specify another limiting age for the position of the judge of these courts.

The Law preserves the restriction of the authority of the justices of the peace assigned (elected) to their position for the first time for the period specified in the law of the appropriate subject of the Russian Federation, however, not more than for five years. The amendments envisage that in cases of repeated and subsequent assignments (elections), justices of the peace are assigned (elected) for the period specified in the law of the appropriate subject of the Russian Federation, however, at least for five years until they reach the limiting age - 70 years.

The judge with terminated authority because of expiry, or because he reached the limiting age, shall continue to implement his authority until he finishes the case started with his participation, or until the first assignment of the judge to the given court.

Provisions on the limiting age for the position of the judge shall apply to all judges of the federal courts under 65 as of the day of entry into force of the Federal Law, except for the judges assigned to their position for the first time for three years.

No later than six months in advance of the expiry of the authority of the judge, or no later than within 10 days after the opening of the vacancy in cases of an early termination of the authority, appropriate qualification board of judges shall announce the opening of the vacancy in mass media while indicating the time and place of accepting of applications of the candidates for the position of the judge, as well as the time and place of examination of the received applications.

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

Decision of the Government of the Russian Federation No. 189 of April 6, 2005 on the Amendment to the Procedure of Determination of the Taxable Base for the Calculation of the Value Added Tax for Advance Payments or Other Payments Received by Exporter Organisations for Anticipated Supplies of Commodities Subject to the 0 Tax Rate with the Length of Production Cycle Being Greater Than 6 Months Endorsed by the Decision of the Government of the Russian Federation No. 602 of August 21, 2001

The federal body of executive power authorised to hand out the document confirming the length of the production cycle for the commodities sold for export for the purpose of determination of the taxable base for the value added tax shall be the Ministry of the Industry and Power Supplies of Russia. The Decision changed the list of the documents to be submitted by the exporter organisation to confirm the receiving of the advance or other payments to the tax body simultaneously with the tax declaration for the appropriate tax period.

Decision of the Government of the Russian Federation No. 186 of April 6, 2005 on the Endorsement of the Regulation on the Creation, Keeping and Use of the Centralised Databank to Register Foreign Citizens Arriving Temporarily or Staying on the Temporary or Permanent Basis in the Russian Federation

Defines the procedure of creation, keeping and use of the centralised databank to register foreign citizens and stateless persons arriving temporarily or staying on the temporary or permanent basis in the Russian Federation. The centralised databank is a specialised interagency automatic information subsystem containing information on foreign citizens and stateless persons entering the Russian Federation, staying on the temporary or permanent basis in the Russian Federation and leaving the Russian Federation, intended for joint keeping and use by the interested federal bodies of executive power and forming part of the federal interagency information system of migration control in the Russian Federation.

The centralised databank shall be a federal information resource and shall be supervised by the Federal Migration Service.

Decision of the Government of the Russian Federation No. 181 of April 6, 2005 on the Non-Application of the Rates of Import Customs Duties for Iron Ores and Concentrates

The rates of the import customs duties specified in the Customs Tariff of the Russian Federation in the amount of 5% of the customs cost shall not apply to iron ores and concentrates, whether or not agglomerated (codes according to the Foreign Trade Commodity Nomenclature of the Russian Federation 2601 11 000 0 and 2601 12 000 0).

The Decision is entered into force one month after the day of its official publication for 9 months.

Order of the Ministry of Information Technologies and Communication of the Russian Federation No. 32 of March 22, 2005 on the Endorsement of the Requirements to the Content of the Description of Communication Networks and Means of Communication to Be Used to Render Communication Services

Description of communication networks and means of communication is necessary if the applicant, while rendering the services, intends to use a radio frequency range, including the cases of TV and radio broadcasting, provide cable TV transmission or wired radio transmission, transfer voice information, including the cases of data transfer networks, provide communication channels outside the territory of a single subject of the Russian Federation or outside the Russian Federation, carry out activities of the postal communication.

Registered in the Ministry of Justice of the Russian Federation on April 7, 2005. Reg. No. 6471.

Order of the Federal Antimonopoly Service No. 36 of March 10, 2005 on the Endorsement of the Procedure of Determination of the Dominating Position of Participants of the Market of Insurance Services

Specifies the procedure of determination of the dominating position of insurance and reinsurance organisations, as well as mutual insurance companies, at the market of insurance services. The dominating position of insurers shall be determined by the antimonopoly body in coordination with the Ministry of Finance of Russia. The presence of the dominating position of an insurer is not a violation of the antimonopoly legislation, but serves as grounds for a systematic monitoring of his activities on the part of the antimonopoly body to prevent abuse of this status.

Insurer status with the share for the reporting period exceeding 10% at the federal insurance market or 25% at the regional one is qualified as dominating.

Registered in the Ministry of Justice of the Russian Federation on April 7, 2005. Reg. No. 6467.

Order of the Ministry of Finance of the Russian Federation No. 48n of March 24, 2005 on the Endorsement of the Form of the Estimate of Advance Payments for Insurance Contributions for Obligatory Pension Insurance and Its Filling Recommendations

Endorses the form of the estimate of advance payments for insurance contributions for obligatory pension insurance for the entities making payments to natural persons (KND Form 1151058) and its filling recommendations.

The Order shall apply beginning with submission of the estimates of advance payments for the first reporting period of 2005.

Registered in the Ministry of Justice of the Russian Federation on April 5, 2005. Reg. No. 6464.

Direction of the Central Bank of Russia No. 1551-U of February 18, 2005 on the Amendments to the Direction of the Bank of Russia No. 1376-U of January 16, 2004 on the List, Forms and Procedure of Drawing up and Submission of the Forms of Reports of Credit Organisations to the Central Bank of the Russian Federation

Amends Reporting Form 0409135 "Information on Obligatory Normatives" pursuant to the exclusion of obligatory normative N5.

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 April 5, 2005. Reg. No. 6463.

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