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Monitoring of the Federal Legislation dated 20.05.2005

Decision of the Constitutional Court of the Russian Federation No. 5-P of May 11, 2005 on the Case of Constitutionality of Article 405 of the Code of Criminal Procedures of the Russian Federation Pursuant to the Request of the Kurgan Province Court, Appeals of the Human Rights Commissioner in the Russian Federation, Production Technical Cooperative "Sodeystviye", Limited-Liability Company "Karelia" and a Number of Citizens

The Constitutional Court has decided that Article 405 of the Code of Criminal Procedures of the Russian Federation is not in compliance with the Constitution of the Russian Federation, since in the system of available procedural regulation of revision of court sentences, rulings and decisions having entered into force, while not permitting an impairment in the course of the revision of the court decision as an enforcement procedure pursuant to the appeal of the victim (his representative) or prosecutor representation, it does not permit to eliminate significant violations available in the previous examination having caused a wrong case resolution.

Before appropriate amendments are introduced in the legislation on criminal procedures, the revision as an enforcement procedure pursuant to the appeal of the victim, his representative or presentation of the prosecutor of the convicting sentence, as well as a court ruling and decision requiring a heavier sentence in cases of a milder sentence or for other reasons envisaging an impairment of the convict's status, as well as an acquitting sentence or court ruling or decision terminating the case, shall be permitted within one year before they enter into force.

Federal Law No. 50-FZ of May 18, 2005 on the Amendments to Article 333.3 of Part 2 of the Tax Code of the Russian Federation

Adopted by the State Duma on April 13, 2005.

Approved by the Council of the Federation on May 11, 2005.

Amends Chapter 25.1 "Fees for the Use of Objects of Fauna and for the Use of Objects of Water Biological Resources".

Reduces the rate of the fee for the queen crab, red and angulatus, from Rbl 30,000 to Rbl 13,000 a piece.

The rates of the fee for each object of water biological resources, except for aquatic mammals, are extended to include the rate for the Greenland seal up to one year of age.

The Federal Law is entered into force one month after the day of its official publication.

Decision of the Government of the Russian Federation No. 309 of May 18, 2005 on the Amendments to the Decision of the Government of the Russian Federation No. 817 of November 11, 2002

The expert commission for examination of the materials submitted to get the licence for production of printed items protected against forgery, including the blank securities, as well as for the sale of the mentioned items, shall include representatives of the Federal Tax Service and the Federal Service of Technical and Export Control.

The licensing of production of protected printed items, as well as of sale of the mentioned items, shall be vested in the Federal Tax Service.

Decision of the Government of the Russian Federation No. 308 of May 18, 2005 on the Governmental Commission for Countermeasures against Violations in the Sphere of Intellectual Property

The Governmental Commission for Countermeasures against Violations in the Sphere of Intellectual Property shall be renamed into the Governmental Commission for Countermeasures against Violations in the Sphere of Intellectual Property, Its Legal Protection and Use.

One of the main tasks of the Commission is the working out of measures to stimulate introduction in production of science-intensive technologies and assisting exchange of results of intellectual activities between the military and the civil spheres.

The Commission shall define priority directions of activities in the sphere of legal protection and use of intellectual property, define measures of regulation of transfer abroad of the results of intellectual activities created at the expense of resources of the federal budget, examine proposals to regulate the procedure of registration of the results of intellectual property and control in the sphere of use of results of intellectual activities obtained at the expense of resources of the federal budget.

The Commission shall be entitled to arrange, if necessary, expert evaluation of programs and projects in issues of legal protection and use of intellectual property.

The organisational, technical and information support of activities of the Commission shall be vested in the Office of the Government of the Russian Federation.

Decision of the Government of the Russian Federation No. 307 of May 18, 2005 on the Interim Rate of the Import Customs Duty for Mercury Lamps

Endorses for nine months from the day of entry into force of the Decision the rate of the import customs duty in the amount equal to 15% of the customs cost, however, not less than EUR 0.35 a piece, for mercury lamps (code according to the Foreign Trade Commodity Nomenclature of Russia 8539 32 100 0).

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

Decision of the Government of the Russian Federation No. 306 of May 18, 2005 on the Amendments to the Customs Tariff of the Russian Federation Pertaining to Fine Fabric of Fibreglass

Heading 7019 "Fibreglass (Including Webs) and Items of It (for Example, Yarn, Fabric)" of the Foreign Trade Commodity Nomenclature of the Russian Federation shall not include now subheading "Fine Fabric (Veiling)" (code according to the Foreign Trade Commodity Nomenclature 7019 32 000 0).

The Foreign Trade Commodity Nomenclature of the Russian Federation shall include now subheading "Fabric (Veiling)" (code according to the Foreign Trade Commodity Nomenclature 7019 32 000) subdivided into two subheadings (with the width greater than 300 mm and other) (codes according to the Foreign Trade Commodity Nomenclature 7019 32 000 1 and 7019 32 000 9 respectively).

Endorses the rates of the import customs duties for the mentioned items for 9 months.

The Decision is entered into force 2 months after the day of its official publication.

Decision of the Government of the Russian Federation No. 305 of May 18, 2005 on the Amendments to the Customs Tariff of the Russian Federation Pertaining to Some Types of Glasses

Heading 9004 "Protective Glasses and Similar Optical Instruments, Correcting, Protective or Other" of the Foreign Trade Commodity Nomenclature of the Russian Federation shall not include now subheading "Other" (code according to the Foreign Trade Commodity Nomenclature 9004 90 900 0).

The Foreign Trade Commodity Nomenclature of the Russian Federation shall include now subheading "Other" (code according to the Foreign Trade Commodity Nomenclature 9004 90 900) subdivided into two subheadings depending on the border price of the country of import (codes according to the Foreign Trade Commodity Nomenclature 9004 90 900 1 and 9004 90 900 9).

Endorses the rates of the import customs duties for the mentioned items for 9 months.

The Decision is entered into force two months after the day of its official publication.

Decision of the Government of the Russian Federation No. 304 of May 18, 2005 on the Endorsement of the Rate of the Export Customs Duty for Raw Oil and Raw Oil Products from Bituminous Materials Exported from the Territory of the Russian Federation outside the Member-States of the Customs Union Agreements

Endorses the rate of the export customs duty for raw oil and raw oil products from bituminous materials (code according to the Foreign Trade Commodity Nomenclature of Russia 2709 00) exported from the territory of the Russian Federation outside the member-states of the Customs Union agreements in the amount of USD 136.2 per 1,000 kg.

The Decision is entered into force from June 1, 2005.

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