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Daily Monitoring of the Legislation

Monitoring of the Federal Legislation dated 20.03.2006

Federal Law No. 43-FZ of March 17, 2006 on the Ratification of the Agreement between the Russian Federation and the Republic of Tajikistan on Cooperation in Border Guard Issues

Ratifies the Agreement signed in Dushanbe on October 16, 2004 creating a legal basis for a long-term cooperation of the border guard agencies of the Russian Federation and the Republic of Tajikistan. The agreement was aimed at solving a number of issues pertaining to interaction for the purposes of safeguarding external borders of the CIS member-states with the states other than those forming the Commonwealth, improvement of the border guard function of the Republic of Tajikistan, combating illegal migration through the state borders of the Russian Federation and the Republic of Tajikistan, combating smuggling of arms, ammunition, explosives and poisonous substances, radio active materials, illegal trafficking of narcotic drugs and psychotropic substances through the state border of the Republic of Tajikistan.

Federal Law No. 42-FZ of March 16, 2006 on the Amendments to Article 19 of the Law of the Russian Federation on Education

Changes the procedure of quitting the general educational institution by students before they get the main education, as well as the procedure of taking the decision to expel from the general educational institution.

At present, an underage student having reached 15 years of age may quit the general educational institution before he gets the main education with consent of the parents (legal representatives) and the local body of management of education. The adopted Law envisages that such consent must be obtained also from the commission for the issues of the underage and protection of their rights.

Introduces the norm permitting to expel the student from the educational institution for repeated violations of its charter if educational measures did not produce any result and further presence of the student in the educational institution produces a negative influence on other students, violates their rights and the rights of the employees of the educational institution, as well as the normal functioning of the educational institution. Besides, to provide for opportunities of getting employment by the underage, the age permitting such expulsion is increased from 14 to 15 years. In the case of expulsion, the management body of the educational institutions must take into account the opinion of his parents (legal representatives) and obtain the consent of the commission for the issues of the underage and protection of their rights. Now, the decision of expulsion may be taken without such actions.

The commission for the issues of the underage and protection of their rights, the local management body of education and the parents of the underage having quitted the educational institution or expelled from it shall assume the duty to take measures within one month to ensure employment of this underage and/or continuation of his study.

Federal Law No. 41-FZ of March 16, 2006 on the Amendments to Chapter VI of the Law of the Russian Federation on the Grain, Federal Law on the State Control of Quality and Rational Use of Grain and Products of Its Processing and the Code of Administrative Violations of the Russian Federation

According to the amendments, the state supervision and control over the quality and safety of grain and products of its processing is vested in the federal bodies of executive power authorised by the Government of the Russian Federation. Earlier, control over the quality and rational use of grain and products of its processing was vested in the State Cereals Inspection of the Government of the Russian Federation abandoned by the Decision of the Government of the Russian Federation No. 708 of December 1, 2004.

The amendments to the Code of Administrative Violations define the officials entitled to examine the cases of administrative violations on behalf of the bodies in charge of the state supervision and control of the quality and safety of grain and products of its processing.

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

Federal Law No. 40-FZ of March 8, 2006 on the Ratification of the UN Convention against Corruption

Ratifies the Convention signed in Mexico on December 9, 2003. The Convention creates a complex legal base for a practical interaction of the law enforcement bodies of various states to reveal, prevent, stop, and investigate crimes of corruptive nature pertaining to jurisdiction and interests of two and more states, return resources obtained in a criminal way to the country of origin, as well as contains a number of standards on prevention of corruption and combating it.

The Convention regulates in detail procedures of mutual legal aid, extradition of persons having committed corruptive crimes, envisages international cooperation of law enforcement bodies including exchange of information and experience, joint investigations, training and professional development of personnel, interaction in material and technical support of the law enforcement activities.

By the moment of the ratification, the Convention has been signed by 120 states, ratified by 22, including Algeria, Belarus, Egypt, Hungary, Mexico, Peru, Romania, South Africa.

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

Decision of the Government of the Russian Federation No. 134 of March 15, 2006 on the Licensing of Individual Types of Activities on the Railway Transport

Endorses five regulations on the procedure of licensing of: transportation of passengers, cargo, luggage by the railway transport, as well as transportation of cargo (moving of cargo without concluding the contract) over the railway tracks of public use and loading and unloading of hazardous cargo on the railway transport.

A simplified procedure of licensing is envisaged for transportation by the railway transport of cargo, luggage, transportation of cargo over public-use tracks and loading and unloading of hazardous cargo. However, application of the given procedure is possible only after determination by the Government of the Russian Federation of significant terms of the contract of insurance of civil liabilities of the candidate or license holder. The license requirements and conditions are listed for each type of activities.

The licensing is vested in the Federal Service of Enforcement in the Sphere of Transportation. The license is issued for 5 years.

Direction of the Central Bank of Russia No. 1660-U of February 17, 2006 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

The main changes pertain to revocation of individual forms of reports of credit organisations in view of the liberalisation of the currency legislation and optimisation of flows of information, refinement of algorithms of generation of reported figures pursuant to the changing of the chart of accounts in credit organisations and refinement of the procedure of drawing up of a number of forms of reports by credit organisations.

Omits forms 0409702, 0409704 (daily), 0409311 (decade), 0409707 (monthly) and 0409253 (quarterly).

The Direction is entered into force from April 1, 2006 except for the provisions pertaining to the drawing up and submission of reports according to forms: 0409251 "Information on Client Accounts and Payments Transferred through the Credit Organisation (Its Branch), 0409601 "Report of Operations with Foreign Currency in Cash and Checks in Foreign Currencies", 0409665 "Report of Currency Operations Carried out with a Transaction Certificate". Reports to the mentioned forms shall be drawn up and submitted from July 1, 2006.

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