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Monitoring of the Federal Legislation dated 18.04.2006
Federal Law No. 51-FZ of April 15, 2006 on the Amendments to the Federal Law on the Securities Market and the Federal Law on Investment Funds
To improve the state regulation of relations in the sphere of enforcement at the securities market and in the sphere of collective investments, amends the Federal Law on the securities market and the Federal Law on investment funds.
The amendments are expected to exclude excessive and duplicating functions in the sphere of activities of the Federal Service for Financial Markets of Russia. Thus, according to the Law, the following functions of the Federal Service for Financial Markets are abolished: specifying the normatives obligatory for observation by issuers of securities and rules of their application, regulation of activities of assessors of joint-stock and shared investment funds. Excessive functions are recognised to be the ones of issue of general licenses for the licensing of professional activities at the securities market.
The functions of the Federal Service for Financial Markets of certification of the heads and employees of professional participants of the securities market are abolished. However, the authority to specify qualification requirements, endorse the programs of qualification examinations for accreditation of citizens in the sphere of professional activities at the securities market are preserved. Besides, the Federal Service for Financial Markets is empowered with authority to accredit organisations entitled to accept qualification examinations and issue qualification certificates. Thus, an opportunity is provided to attract to certification higher educational institutions and self-regulating organisations. The Law clearly emphasises that the latter are free to provide education to citizens in the appropriate spheres of activities, and only after obtaining accreditation in the Federal Service for Financial Markets acquire the right to accept qualification examinations and issue qualification certificates.
The Federal Law is entered into force ten days after the day of its official publication with exceptions.
The amendments are expected to exclude excessive and duplicating functions in the sphere of activities of the Federal Service for Financial Markets of Russia. Thus, according to the Law, the following functions of the Federal Service for Financial Markets are abolished: specifying the normatives obligatory for observation by issuers of securities and rules of their application, regulation of activities of assessors of joint-stock and shared investment funds. Excessive functions are recognised to be the ones of issue of general licenses for the licensing of professional activities at the securities market.
The functions of the Federal Service for Financial Markets of certification of the heads and employees of professional participants of the securities market are abolished. However, the authority to specify qualification requirements, endorse the programs of qualification examinations for accreditation of citizens in the sphere of professional activities at the securities market are preserved. Besides, the Federal Service for Financial Markets is empowered with authority to accredit organisations entitled to accept qualification examinations and issue qualification certificates. Thus, an opportunity is provided to attract to certification higher educational institutions and self-regulating organisations. The Law clearly emphasises that the latter are free to provide education to citizens in the appropriate spheres of activities, and only after obtaining accreditation in the Federal Service for Financial Markets acquire the right to accept qualification examinations and issue qualification certificates.
The Federal Law is entered into force ten days after the day of its official publication with exceptions.
Federal Law No. 50-FZ of April 15, 2006 on the Amendments to Article 13 of the Federal Law on the Federal Security Service and to Articles 7 and 8 of the Federal Law on the Detention of Suspects and the Accused
Preliminary investigation isolation wards of the bodies of the Federal Security Service are handed over to the criminal execution system. The bodies of the Federal Security Service may not create and use isolation wards.
Federal Law No. 49-FZ of April 15, 2006 on the Amendments to the Law of the Russian Federation on Subsoil Resources
The bodies of state power of the subjects of the Russian Federation are entitled to carry out the state expert evaluation of the mineral reserves, geological, economic and ecological information on the parts of subsoil resources granted for use and containing deposits of commonly available mineral resources, parts of subsoil resources of local significance, as well as the parts of subsoil resources of local significance used for construction and operation of underground structures other than extraction of mineral resources.
The payment for the expert evaluation of the parts of the subsoil resources containing deposits of commonly available mineral resources, parts of local significance, as well as the parts used for construction and operation of underground structures other than extraction of mineral resources shall be transferred to the budgets of the subjects of the Russian Federation.
The Law is entered into force from January 1, 2007.
The payment for the expert evaluation of the parts of the subsoil resources containing deposits of commonly available mineral resources, parts of local significance, as well as the parts used for construction and operation of underground structures other than extraction of mineral resources shall be transferred to the budgets of the subjects of the Russian Federation.
The Law is entered into force from January 1, 2007.
Federal Law No. 48-FZ of April 15, 2006 on the Amendment to Article 1 of the Federal Law on the Days of the Military Glory and Memorial Dates of Russia
Changes the name of the day of the military glory of Russia of February 23. In the new wording, the mentioned day of the military glory of Russia is called "February 23 - Day of Defender of the Fatherland". Earlier, the mentioned day of the military glory of Russia was called "February 23 - Day of the Victory of the Red Army over Kaiser Troops of Germany (1918) - Day of Defender of the Fatherland". The amendments are stipulated, in particular, by the need to fix a uniform name of the day of the military glory of Russia of February 23 and the appropriate non-working holiday of February 23 - Day of Defender of the Fatherland specified in the Labour Code.
Federal Law No. 47-FZ of April 15, 2006 on the Amendments to the Law of the Russian Federation on Commodity Exchanges and Exchange Trade and the Code of Administrative Violations of the Russian Federation
The legal terminology of the Law of the Russian Federation on commodity exchanges and exchange trade is being brought in compliance with the commonly used notions. Removes excessive wordings pertaining to listed organisational and legal forms of legal entities that may organise exchange trade. Now all legal entities engaged in such activities are called organisations. The notion of "higher bodies of state power" is replaced with the "state bodies ", and the "local bodies of state power and management" - with the "bodies of local government".
The body empowered with authority to issue licenses for exchange trade and control it is now called the federal body of executive power in the sphere of financial markets rather than the Commission for Commodity Exchanges. Therefore, appropriate changes are introduced in the Code of Administrative Violations of the Russian Federation pertaining to the name of the body of state power processing the cases of administrative violations in this sphere.
The body empowered with authority to issue licenses for exchange trade and control it is now called the federal body of executive power in the sphere of financial markets rather than the Commission for Commodity Exchanges. Therefore, appropriate changes are introduced in the Code of Administrative Violations of the Russian Federation pertaining to the name of the body of state power processing the cases of administrative violations in this sphere.
Order of the Federal Fund of Obligatory Medical Insurance No. 40 of March 29, 2006 on the Procedure of Granting Subsidies in 2006 from the Budget of the Federal Fund of Obligatory Medical Insurance to Territorial Funds of Obligatory Medical Insurance to Carry out Additional Periodical Medical Examinations of Citizens Working in the State and Municipal Institutions in the Sphere of Education, Public Health, Social Protection, Culture, Physical Culture and Sports and in Scientific Research Institutions
The subsidies are provided from resources of the fund of co-financing of the budget of the Fund of Obligatory Medical Insurance for the purpose of additional periodic medical examinations of the mentioned categories of citizens aged 35 to 55.
The measures of financing are implemented by the Commission of the Fund of Obligatory Medical Insurance for the Implementation of the Priority National Project in the Sphere of Public Health. Obligatory conditions for obtaining the subsidy are: availability with the territorial fund of the separate account in the division of the payment network of the Bank of Russia; conclusion by the territorial fund with public health institutions of the municipal formation rendering initial medical and sanitary aid of contracts of financing of expenses to carry out additional periodic medical examinations of working citizens according to the typical form endorsed by the Decision of the Government of the Russian Federation No. 868 of December 31, 2005.
The financing of expenses to carry out additional periodic medical examinations of working citizens in 2006 shall be carried out by granting subsidies to the budget of the territorial fund to carry out additional periodic medical examinations of working citizens on the basis of the request drawn up to specimen provided in the Order. Requests shall be sent to the Fund of Obligatory Medical Insurance until the 20th of each month and shall be handed over until the 25th by the Financial Department of the Fund of Obligatory Medical Insurance to the Commission for Implementation of the Priority National Project in the Sphere of Public Health to take the decision to allocate subsidies to the territorial funds of obligatory medical insurance to carry out the additional periodic medical examinations.
The amount of the subsidy for the subsequent month is determined proceeding from the number of working citizens than must be examined in 2006 and the normative of expenses for the additional periodic medial examinations per working citizen endorsed by the Ministry of Public Health and Social Development of Russia. The subsidies that were not spent in the reported period (month) shall be carried over for the territorial funds for subsequent financing and are considered to be an advance payment for the additional periodic medical examinations of working citizens in the subsequent reporting period within the year 2006.
Territorial funds of obligatory medical insurance must submit to the Fund of Obligatory Medical Insurance on the monthly basis until the 20th of the month following the reported one reports on the use of subsidies according to established procedure. If there are cases of use of the subsidy for other than specified purposes, the Fund of Obligatory Medical Insurance shall suspend the transfer of resources to the territorial fund and shall send a notification to the territorial fund according to established procedure to return the resources on the basis of the documents confirming the fact of use for other than specified purposes.
Registered in the Ministry of Justice of the Russian Federation on April 13, 2006. Reg. No. 7694.
The measures of financing are implemented by the Commission of the Fund of Obligatory Medical Insurance for the Implementation of the Priority National Project in the Sphere of Public Health. Obligatory conditions for obtaining the subsidy are: availability with the territorial fund of the separate account in the division of the payment network of the Bank of Russia; conclusion by the territorial fund with public health institutions of the municipal formation rendering initial medical and sanitary aid of contracts of financing of expenses to carry out additional periodic medical examinations of working citizens according to the typical form endorsed by the Decision of the Government of the Russian Federation No. 868 of December 31, 2005.
The financing of expenses to carry out additional periodic medical examinations of working citizens in 2006 shall be carried out by granting subsidies to the budget of the territorial fund to carry out additional periodic medical examinations of working citizens on the basis of the request drawn up to specimen provided in the Order. Requests shall be sent to the Fund of Obligatory Medical Insurance until the 20th of each month and shall be handed over until the 25th by the Financial Department of the Fund of Obligatory Medical Insurance to the Commission for Implementation of the Priority National Project in the Sphere of Public Health to take the decision to allocate subsidies to the territorial funds of obligatory medical insurance to carry out the additional periodic medical examinations.
The amount of the subsidy for the subsequent month is determined proceeding from the number of working citizens than must be examined in 2006 and the normative of expenses for the additional periodic medial examinations per working citizen endorsed by the Ministry of Public Health and Social Development of Russia. The subsidies that were not spent in the reported period (month) shall be carried over for the territorial funds for subsequent financing and are considered to be an advance payment for the additional periodic medical examinations of working citizens in the subsequent reporting period within the year 2006.
Territorial funds of obligatory medical insurance must submit to the Fund of Obligatory Medical Insurance on the monthly basis until the 20th of the month following the reported one reports on the use of subsidies according to established procedure. If there are cases of use of the subsidy for other than specified purposes, the Fund of Obligatory Medical Insurance shall suspend the transfer of resources to the territorial fund and shall send a notification to the territorial fund according to established procedure to return the resources on the basis of the documents confirming the fact of use for other than specified purposes.
Registered in the Ministry of Justice of the Russian Federation on April 13, 2006. Reg. No. 7694.
Order of the Federal Service of Enforcement in the Sphere of Protection of Consumer Rights and Human Well-Being No. 36 of February 26, 2006 on the State Registration of Dietary Supplements
To improve organisation and implementation of the state registration of dietary supplements, the sanitary and epidemiological expert evaluation for the state registration of dietary supplements is vested in the federal state institution of public health Federal Centre of Hygiene and Epidemiology and the federal state institution of public health Centre of Hygiene and Epidemiology in the city of Moscow. On the basis of statements of the mentioned institutions, the Federal Service of Enforcement in the Sphere of Protection of Consumer Rights and Human Well-Being shall draw up certificates of state registration of the dietary supplements.
Control over the expert evaluations in the mentioned institutions and preparation of documents is vested in the Department of Organisation of Service, State Registration and Licensing of the Federal Service of Enforcement in the Sphere of Protection of Consumer Rights and Human Well-Being.
Registered in the Ministry of Justice of the Russian Federation on April 13, 2006. Reg. No. 7689.
Control over the expert evaluations in the mentioned institutions and preparation of documents is vested in the Department of Organisation of Service, State Registration and Licensing of the Federal Service of Enforcement in the Sphere of Protection of Consumer Rights and Human Well-Being.
Registered in the Ministry of Justice of the Russian Federation on April 13, 2006. Reg. No. 7689.
Order of the Federal Service of Enforcement in the Sphere of Protection of Consumer Rights and Human Well-Being No. 35 of February 26, 2006 on the State Registration of Dietary Supplements by the Territorial Bodies of the Federal Service of Enforcement in the Sphere of Protection of Consumer Rights and Human Well-Being
To improve the procedure of state registration of products, substances, preparations, the territorial bodies of the Federal Service of Enforcement in the Sphere of Protection of Consumer Rights and Human Well-Being shall fulfil from May 15, 2006 the functions of state registration of dietary supplements (including the complex, technological auxiliary substances, enrichment additives, flavouring agents (bases), starters). The sanitary and epidemiological expert evaluation of dietary supplements for the purposes of their state registration is vested in the centres of hygiene and epidemiology.
The Order introduces the procedure whereby the state registration of the products arriving for customs registration in the subject of the Russian Federation or produced on the territory of the subject of the Russian Federation shall be carried out by the appropriate territorial body of the Federal Service of Enforcement in the Sphere of Protection of Consumer Rights and Human Well-Being in the subject of the Russian Federation or directly by the Federal Service of Enforcement in the Sphere of Protection of Consumer Rights and Human Well-Being.
Certificates of the state registration of products issued by the Federal Service of Enforcement in the Sphere of Protection of Consumer Rights and Human Well-Being shall be valid on the whole territory of the Russian Federation.
Registered in the Ministry of Justice of the Russian Federation on April 13, 2006. Reg. No. 7688.
The Order introduces the procedure whereby the state registration of the products arriving for customs registration in the subject of the Russian Federation or produced on the territory of the subject of the Russian Federation shall be carried out by the appropriate territorial body of the Federal Service of Enforcement in the Sphere of Protection of Consumer Rights and Human Well-Being in the subject of the Russian Federation or directly by the Federal Service of Enforcement in the Sphere of Protection of Consumer Rights and Human Well-Being.
Certificates of the state registration of products issued by the Federal Service of Enforcement in the Sphere of Protection of Consumer Rights and Human Well-Being shall be valid on the whole territory of the Russian Federation.
Registered in the Ministry of Justice of the Russian Federation on April 13, 2006. Reg. No. 7688.
Order of the Ministry of Internal Affairs of the Russian Federation No. 120 of February 28, 2006 on the Material Incentives for Servicemen of Internal Troops of the Ministry of Internal Affairs of Russia Searching and Destroying Explosive Items on Terrain
Envisages mark-ups for the special conditions of service for servicemen of internal troops of the Ministry of Internal Affairs of Russia searching and destroying explosive items. The amount of the mark-up for contract servicemen makes 25% of the monthly salary for the occupied military position, and for draft servicemen - 50%. The mark-up shall be paid out for only those months when the mentioned works have been carried out.
Besides, the Order specifies the rules of paying out of the monetary reward for the revealed or disposed (destroyed) explosive items on terrain and procedure of registration of the number of such explosive items. Specifies that the right for the monetary reward emerges with servicemen directly carrying works searching, collecting, removing from ground (water, objects) and loading explosive items, servicemen forming part of the group of destruction of explosive items, as well as the drivers and the persons in charge of the vehicles transporting explosive items.
The mentioned payments shall be made from December 5, 2005.
Registered in the Ministry of Justice of the Russian Federation on April 13, 2006. Reg. No. 7685.
Besides, the Order specifies the rules of paying out of the monetary reward for the revealed or disposed (destroyed) explosive items on terrain and procedure of registration of the number of such explosive items. Specifies that the right for the monetary reward emerges with servicemen directly carrying works searching, collecting, removing from ground (water, objects) and loading explosive items, servicemen forming part of the group of destruction of explosive items, as well as the drivers and the persons in charge of the vehicles transporting explosive items.
The mentioned payments shall be made from December 5, 2005.
Registered in the Ministry of Justice of the Russian Federation on April 13, 2006. Reg. No. 7685.
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