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Daily Monitoring of the Legislation

Monitoring of the Federal Legislation dated 11.05.2005

Federal Law No. 49-FZ of May 9, 2005 on the Amendment to Article 185 of the Budget Code of the Russian Federation

The amendment removes a technical and legal error in the reference of Article 185 of the Budget Code.

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

Federal Law No. 48-FZ of May 9, 2005 on the Amendments to the Federal Laws on the Investing of Resources to Finance the Accumulated Part of the Labour Pension in the Russian Federation, on Non-State Pension Funds and on the Personified Record Keeping in the System of Obligatory Pension Insurance

Changes the procedure and time limits of implementation by the insured of the right of choice of the investment portfolio (management company) or a non-state pension fund providing obligatory pension insurance and for the transfer to the Pension Fund from a non-state pension fund providing obligatory pension insurance.

Changes the time limits of informing of the insured of the condition of the special part of his personal account and the results of investments from July 1 to September 1, and the time limits for submission of the application of the insured for the choice of the investment portfolio (management company) from October 1 to December 31.

Specifies that the form of the application and its filling instruction shall be conveyed to the insured according to the procedure defined by the authorised federal body in coordination with the Pension Fund.

The Government of the Russian Federation may specify the procedure and time limits to pay out the amounts of accumulated pensions to the heirs of the diseased insured, as well as the procedure of making such payments and calculation of the amounts of accumulated pensions to be paid out.

Defines the actions of the Pension Fund if the insured submits more than one application for the choice of the investment portfolio (management company) or a non-state pension fund.

Federal Law No. 47-FZ of May 9, 2005 on the Amendments to Article 73 of the Criminal Execution Code of the Russian Federation

The changes envisage opportunities of sending the persons convicted for the organised crime or crimes associated with terrorism to serve the term in appropriate corrective institutions in localities defined by the federal body of the criminal execution system. According to the previous wording of the Article, the persons convicted for the mentioned crimes served the term in corrective institutions within the boundaries of the subject of the Russian Federation where they lived or were sentenced.

Federal Law No. 46-FZ of May 9, 2005 on the Invalidation of Part 4 of Article 115 of the Criminal Execution Code of the Russian Federation

Article 115 of the Criminal Execution Code defines the types of punishments applied to those sentenced to imprisonment. Part 4 of the mentioned Article envisage that heavier terms of imprisonment may be applied to repeated violators both in the same corrective colony or by changing the type of the corrective institution. The given norm is invalidated as not pertaining in its legal nature to the specified punishments.

Federal Law No. 45-FZ of May 9, 2005 on the Amendments to the Code of Administrative Violations of the Russian Federation and Other Legislative Acts of the Russian Federation, As Well As on Invalidation of Some of the Provisions of the Legislative Acts of the Russian Federation

The amendments specify the procedure of administrative suspension of activities of independent entrepreneurs, legal entities, their branches, representations, structural divisions, production sections, as well as operation of units, objects, buildings or structures, carrying out of individual types of activities (works), rendering of services. This punishment may be applied for the period from one day to ninety days in cases envisaged in the articles of the Special Part of the Code of Administrative Violations of the Russian Federation for the violations jeopardising the life and health of people or creating other heavy hazards.

Execution of the administrative punishment in the form of an administrative suspension of activities may be lifted ahead of the term by the court at the request of the legal entity or independent entrepreneur, if the court finds out that further execution of the punishment is not necessary to achieve the goal of the punishment.

Since the violation committed by the legal entity or independent entrepreneur may bring about a situation requiring an immediate suspension of their activities, a temporary prohibition of their activities is envisaged as a measure in cases of administrative violations. The period of the temporary prohibition of activities may not be greater than five days.

Since the authority of the bodies of state power in the sphere of suspension of activities of economic subjects is envisaged in other acts of the federal legislation, appropriate adjustment of the norms of the Labour, Civil, Water, Forestry Codes is envisaged in pursuance of the mentioned amendments to the Code of Administrative Violations, as well as of the Federal Laws on the protection of the environment, on the protection of the atmospheric air, on the sanitary and epidemiological well-being of the population, on the quality and safety of foodstuffs, on the industrial safety of hazardous industrial objects, on the militia and a number of other.

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

Federal Law No. 44-FZ of May 9, 2005 on the Execution of the Budget of the Pension Fund of the Russian Federation for the Year 2003

Endorses the report of execution of the budget of the Pension Fund for the year 2003 with incomes amounting to Rbl 843,140.8 million and expenses amounting to Rbl 804,076.4 million.

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

Federal Law No. 43-FZ of May 9, 2005 on the Amendment to Article 5 of the Federal Law on the Privatisation of the State and Municipal Property

Lifts the prohibition for the state and municipal unitary enterprises, state and municipal institutions, as well as the legal entities where the share of the Russian Federation, its subjects and municipal formations in the registered capital is greater than 25%, to purchase land plots qualified as the state or municipal property housing objects of immovable property owned by them not being unauthorised constructions.

Federal Law No. 42-FZ of May 9, 2005 on the Amendments to the Federal Law on the Status of the Member of the Council of the Federation and the Status of the Deputy of the State Duma of the Federal Assembly of the Russian Federation

Changes the norms specifying the procedure of maintaining relations of the deputies of the State Duma with the electorate. The deputies elected in the single-mandate election districts shall maintain their relations with the electorate of their districts. The deputies elected in the federal election districts shall maintain their relations with the electorate in the subject (subjects) of the Russian Federation defined by the deputy association or by them independently.

The greater part of the amendments is aimed at providing material and financial conditions for the implementation of their authority by the members of the Council of the Federation and the deputies of the State Duma. The volume of payments is determined on the basis of the list of expenses for material support specified on the annual basis respectively by the decisions of the Council of the Federation, State Duma within the limits of resources envisaged in the federal law on the federal budget.

A new wording is provided for the articles dedicated to the use of the means of communication and transport vehicles by the members of the Council of the Federation, deputies of the State Duma, as well as the use of dwelling space in Moscow. Specifies, in particular, that communal services shall be paid for by the members of the Council of the Federation and the deputies of the State Duma from their own resources.

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

Federal Law No. 41-FZ of May 8, 2005 on the Amendments to the Federal Law on the Veterans

The amendments bring the norms of the Federal Law on the veterans pertaining to calculation of the time limits of providing leaves in compliance with the Labour Code specifying the mentioned time limits in calendar days.

Besides, the period of unpaid leave that may be granted to invalids is increased from 30 to 60 days. The length of unpaid leave is increased from 14 working days to 35 calendar days during the year for servicemen having undergone military service for at least six months in the military units, institutions, military educational institutions other than those participating in military actions from June 22, 1941 to September 3, 1945, as well as for servicemen awarded with orders and medals of the USSR for the service in the mentioned period.

Decision of the Presidium of the Higher Arbitration Court of the Russian Federation No. 14452/04 of April 12, 2005

The Higher Arbitration Court of the Russian Federation decides to make it necessary to apply a uniform for the natural persons and legal entities 6-months-long period of limitation for collection of amounts of arrears in taxes according to court proceedings. According to the Higher Arbitration Court of the Russian Federation, application for collection of arrears from the legal entity may be submitted to court by the tax bodies within 6 months after expiry of the period of execution of the requirement of collection of the tax as specified in Item 3 of Article 48 of the Tax Code for natural persons. The mentioned period is of preclusive nature, i.e. may not be resorted, and if expired, the court shall refuse to satisfy the claim of the tax body to the legal entity. The partial payment of the debt by the taxpayer shall not terminate this period.

Order of the Federal Antimonopoly Service No. 38 of March 10, 2005 on the Endorsement of the Procedure of Adoption by the Antimonopoly Body of the Decisions to Arrange an Additional Check of the Notifications of Agreements or Coordinated Actions of Financial Organisations Restricting Competition at the Market of Financial Services

Defines the terms of adoption of decisions to arrange additional checks of available notifications and of all documents on agreements or coordinated actions of financial organisations restricting competition at the market of financial services.

The antimonopoly body may decide to arrange an additional check if in the course of examination of the documents on agreements or coordinated actions of financial organisations restricting competition at the market of financial services the facts are revealed permitting to affect directly or indirectly the decision recognising such agreements as valid or restricting competition at the market of financial services.

Registered in the Ministry of Justice of the Russian Federation on May 3, 2005. Reg. No. 6568.

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