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Daily Monitoring of the Legislation

Monitoring of the Federal Legislation dated 14.03.2006

Federal Law No. 38-FZ of March 13, 2006 on Advertising

The Federal Law on advertising is provided in a new wording permitting to convey consecutively the general requirements to advertising, define the particulars of distribution of promotion materials, emphasise those pertaining to individual commodities, aspects of self-regulation of advertising, as well as of state control of observation of the legislation on advertising.

The list of notions used in the legislation on advertising shall include the notion of "object of advertising", "commodity", "social advertising", "antimonopoly body", "sponsor".

To restrict dissemination of hidden advertising of commodities prohibited or restricted for advertising, special requirements and restrictions for individual commodities apply also to advertising of the means of personification of such commodities, their producers and sellers.

Unfair advertising shall also include promotion of commodities where special requirements or restrictions are imposed if it is done as an advertising of another commodity.

The Federal Law contains a prohibition to use in advertising references of approval of the object of advertising by state or municipal bodies or their officials.

Introduces for the first time requirements to advertising of commodities using remote methods of sale, as well as advertising using incentive measures.

Changes the procedure of breaking and combining the radio and TV programs with advertising, as well as the requirements to the volume of advertising on the TV and radio. The total length of advertising in a TV program (including such advertising as TV shops), breaking of a TV program by advertising, overlapping of advertising and a TV program frames may not be greater than 15% of the time of broadcasting within an hour. The breaks for the advertising may not be greater than 4 minutes long. The previous wording of the Federal Law introduced a restriction specifying that advertising could not be greater than 20% of the air time (except for specialised programs).

The Law refines the requirements to the advertising of arms, armaments and military equipment, financial services and securities, alcoholic drinks, beer, tobacco and tobacco items. Significantly expands the circle of requirements to advertising of medicines, medical equipment, items of medical destination and medical services. In particular, such advertising aimed at unrestricted circle of consumers must not contain depictions of medical workers providing recommendations on the use, create an impression of lack of need to apply to a doctor.

The Law differentiates responsibility of the advertiser and the advertisement distributor for the violation of the legislation on advertising.

The Federal Law is entered into force from July 1, 2006 except for individual provisions where another time limit is specified for the entry into force.

Order of the Federal Service for Financial Markets No. 06-17/pz-n of February 17, 2006 on the Endorsement of the Procedure of Submission by Housing Savings Cooperatives of Quarterly Reports on Observation of the Normatives of Assessment of Financial Stability

Defines the composition, time limits and procedure of submission of the quarterly reports on observation of the normative of assessment of financial stability by housing savings cooperatives, as well as other organisations attracting and using monetary resources of citizens - their members - for the purchase or construction of dwelling space other than the housing and housing construction cooperatives.

The quarterly report shall be submitted to the Federal Service for Financial Markets of Russia according to the attached forms and must contain general information on the housing savings cooperative, information on its members, on financial stability of the work of the cooperative and on the normatives of assessment of financial stability of the work of the cooperative. Besides, additional information to reports may also be submitted.

The quarterly reports shall be submitted beginning with the quarter when the cooperative was registered in the Joint State Register of Legal Entities no later than 45 days after the date of the end of the reporting quarter, except for the report for the IV quarter. The report for the IV quarter is submitted no later than April 15 of the year following the reported one.

The Order is entered into force from August 9, 2006.

Registered in the Ministry of Justice of the Russian Federation on March 6, 2006. Reg. No. 7562.

Order of the Ministry of Public Health and Social Development of the Russian Federation No. 97 of February 17, 2006 on the Procedure to Issue Prescriptions for Medicines to Individual Categories of Citizens Entitled for the State Social Aid in the Framework of Additional Medicinal Support

Issue of prescriptions for medicines included in the list of medicines sold to doctor (feldsher) prescriptions shall be done using international non-patent names, and, in their absence, using other names registered on the territory of the Russian Federation.

In a number of cases, it is permitted to issue prescriptions for medicines by the doctor (feldsher) using a trade name or another name upon coordination with the medical commission of the medical treatment institution.

Registered in the Ministry of Justice of the Russian Federation on March 6, 2006. Reg. No. 7561.

Order of the Federal Fund of Obligatory Medical Insurance No. 27 of February 27, 2006 on the Endorsement of the Tariff for Additional Medical Aid in the Framework of the State Order for 2006 of Institutions of Public Health of Municipal Formations Rendering Initial Medical and Sanitary Aid (in Their Absence, Appropriate Public Health Institutions of the Subject of the Russian Federation)

Endorses the tariff for additional medical aid in the framework of the state order for free medical aid for the year 2006 of public health institutions of municipal formations rendering initial medical and sanitary aid (in their absence, appropriate public health institutions of the subject of the Russian Federation). The tariff envisages, in particular, monetary payments to district physicians, district paediatricians, general practitioners (family doctors) in the amount of Rbl 10,000 a month, as well as the monetary payments to their nurses in the amount of Rbl 5,000 a month.

Registered in the Ministry of Justice of the Russian Federation on March 6, 2006. Reg. No. 7560.

Order of the Ministry of Public Health and Social Development of the Russian Federation No. 93 of February 15, 2006 on the Organisation of Work to Form the List of Medicines Sold to Doctor (Feldsher) Prescriptions in the Framework of Additional Free Medical Aid to Individual Categories of Citizens Entitled for the State Social Aid

Defines the procedure of forming of the list of medicines sold to doctor (feldsher) prescriptions in the framework of additional free medical aid to individual categories of citizens entitled for the state social aid. The list is formed taking into account the proposals of the subjects of circulation of medicines, public health management bodies of the subjects of the Russian Federation, scientists and specialists in the sphere of public health. The results of analysis of submitted information are used to take the decision permitting to include the medicine in the list (exclude it). The medicines are included in the list under appropriate international non-patent names. The draft list is submitted for examination to the Pharmacy Committee of the Ministry of Public Health and Social Development of Russia taking recommendations to include the medicines in the list (exclude them).

Registered in the Ministry of Justice of the Russian Federation on March 6, 2006. Reg. No. 7559.

Letter of the Federal Service for Financial Markets No. 06-OB-03/1900 of February 9, 2006 on the Changing of Codes of the Budget Classification Entered in the Payment Documents When Paying the State Duty for the Legally Significant Actions Envisaged in Item 1 of Article 333.33 of the Tax Code of the Russian Federation and Other Payments to the Budgets of the Russian Federation

Pursuant to the entry into force of the Directions on the procedure of application of the budget classification of the Russian Federation endorsed by the Order of the Ministry of Finance of Russia No. 152n of December 21, 2005, provides the changed codes of the budget classification to be entered in the payment documents to pay the state duty for the legally significant actions pertaining to individual functions of the Federal Service for Financial Markets of Russia.

Letter of the Federal Service for Financial Markets No. 06-OV-01-3/1897 of February 9, 2006 on the Procedure of Application of the Regulation on the Requirements to Activities of Participants of Financial Markets Using Electronic Documents Endorsed by the Order of the Federal Service for Financial Markets of Russia No. 05-77/pz-n of December 8, 2005

Particulars of processing and storage of electronic documents, including the entry of service notes in the documents, procedure of identification of the person having initiated the document, as well as other specified requirements, shall be defined by specialised depositaries in the regulation of the specialised depositary, and by the persons in charge of the keeping of the register of investment shares of the shared investment funds - in the rules of keeping of the register of holders of investment shares of the shared investment funds.

Specialised depositaries and recorders are recommended to introduce appropriate changes in the above documents, specify in them the procedure and time limits of notification of the beginning of use electronic documents, indicate the address of the Internet site publishing information on the procedure and terms of exchange of electronic documents and submit the documents for registration to the Federal Service for Financial Markets of Russia.

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