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Daily Monitoring of the Legislation

Monitoring of the Federal Legislation dated 21.04.2006

Federal Law No. 56-FZ of April 20, 2006 on the Ratification of the Convention of the Council of Europe on Prevention of Terrorism

Ratifies the Convention of the Council of Europe on prevention of terrorism of May 16, 2005, the goal being inspiring efforts of states to prevent terrorism through measures adopted on the national level and in the framework of international cooperation. To provide for the implementation of the goal, the Convention, in particular, specifies the duties of the participating states to prevent terrorism and introduce criminal responsibility for persons backing terrorists or directing their activities.

The main new feature of the Convention is attaching criminal status to public instigation of terrorist crimes, recruiting and training persons for terrorist crimes. Measures are envisaged to exclude access to public tribune, mass media and the Internet for terrorists and their sponsors. Russian legislation does not have a similar legal norm.

The ratification is accompanied by the declaration of the Russian Federation stating that it has legal force for actions recognised as criminal according to Articles 5-7 and 9 of the Convention in cases envisaged in Items 1 and 2 of Article 14 of the Convention. There is also a declaration of inadmissibility to abuse the provisions of the Convention permitting to refuse extradition and legal aid.

Federal Law No. 55-FZ of April 20, 2006 on the Amendments to Article 33 of the Law of the Russian Federation on the State Border of the Russian Federation and to Article 2 of the Federal Law on the Federal Messenger Service

In pursuance of the changes in the organisation and territorial structure of internal troops pertaining to the reorganisation of districts of internal troops into operative territorial units of internal troops, appropriate changes are introduced in the Law of the Russian Federation No. 4730-I of April 1, 1993 on the state border of the Russian Federation and the Federal Law No. 67-FZ of December 17, 1994 on the Federal Messenger Service.

Federal Law No. 54-FZ of March 31, 2006 on the Amendment to Article 6 of the Federal Law on the Particulars of Functioning of Electric Power Industry in the Transient Period and on Amendments to Some of the Legislative Acts of the Russian Federation and Invalidation of Some of the Legislation Acts of the Russian Federation Pursuant to Adoption of the Federal Law on Electric Power Industry

The amendments permit to combine activities of transfer of electric power and operative dispatcher control in electric power industry with activities of production and purchase-and-sale of electric power for economic subjects engaged in the given types of activities using objects of electric facilities owned by them and directly interconnected physically and/or connected to power accepting devices owned by these subjects primarily for own production needs.

The Law permits to provide reliable power supplies to major industrial consumers possessing generation units and objects of electric facilities intended for organisation of supplies of various types of power resources (including electric power).

The Law introduces a procedure vesting control over observation by economic subjects of the prohibition to combine activities of transfer of electric power and operative dispatcher control with activities of production and purchase-and-sale of electric power in the federal body of executive power authorised by the Government of the Russian Federation.

Decision of the State Duma of the Federal Assembly of the Russian Federation No. 3043-IV GD of April 19, 2006 on the Amnesty Dedicated to the 100th Anniversary of Institution of the State Duma in Russia

In commemoration of the 100th anniversary of the institution of the State Duma in Russia, the State Duma adopted the Decision to release from criminal punishments individual categories of persons.

The amnesty applies, in particular, to persons convicted for crimes committed under 18 years of age, as well as pregnant women and women with underage children convicted for medium-degree crimes who did not serve the term earlier in corrective institutions, women older than 55 and men older than 60 years of age. Also released from punishment are those convicted for punishments other than imprisonment and women with delayed punishment.

The cases are terminated for medium-degree crimes committed before the day of entry into force of the amnesty, for suspects and accused of crimes committed before coming of age, women with underage children, pregnant women, women older than 55 years of age and men older than 60 years of age.

The Decision does not apply to convicts violating the order of imprisonment, persons convicted for new premeditated crimes committed in imprisonment, persons committed specially hazardous reported crimes, as well as the persons convicted for premeditated murder, robbery, brigandage, terrorism, extremism, capture of hostages and other heavy and specially heavy crimes.

The Decision is entered into force from the day of its official publication and must be executed within six months.

Decision of the State Duma of the Federal Assembly No. 3046-IV GD of April 19, 2006 on the Procedure of Application of the Decision of the State Duma of the Federal Assembly of the Russian Federation on the Amnesty Dedicated to the 100th Anniversary of Institution of the State Duma in Russia

The State Duma defines the procedure of release of individual categories of persons from the places of imprisonment and procedure of termination of criminal cases for the given persons because of the amnesty dedicated to the 100th anniversary of institution of the State Duma.

The Decision specifies that the amnesty applies to persons having committed crimes before the entry of the amnesty into force and convicts serving the term on the territory of the Russian Federation. The amnesty applies to a restricted category of citizens, including: underage; grownups having committed crimes before 18 years of age; pregnant women and women with underage children; women older than 55 years of age and men older than 60 years of age. The Decision refines the procedure of qualifying the convicts, suspects and the accused in the mentioned categories.

The amnesty may not apply to persons convicted for premeditated murder, robbery, brigandage, terrorism, capture of hostages and other heavy and specially heavy crimes, as well as to certain persons being repeated violators of the imprisonment regime and persons having committed crimes in the places of imprisonment.

Decision on the amnesty for each particular person is taken individually. In the absence of necessary information on this person, the issue of application of the act of amnesty is postponed until additional documents are received.

The project distributes the duties of implementation of the amnesty vested in: corrective institutions and preliminary investigation isolation wards - for detained convicts where the sentence has entered in legal force; bodies of preliminary investigation - for suspects and the accused whose cases are processed by these bodies; the courts; criminal execution inspections - for the persons engaged in obligatory works, corrective labour, deprived of the right to occupy certain positions or engage in certain activities.

The Decision defines the particulars of application of the amnesty to individual groups of convicts, accused and suspects.

Implementation of the amnesty is expected to take 6 months.

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

Decision of the Government of the Russian Federation No. 212 of April 15, 2006 on the Measures to Implement Individual Provisions of the Federal Laws Regulating Activities of Non-Commercial Organisations

Pursuant to introduction of changes to the Federal Law on public associations and to the Federal Law on non-commercial organisations, the Government of the Russian Federation endorses: forms of documents necessary for the state registration of a non-commercial organisation; list and forms of documents necessary for the entry of changes in the information on the non-commercial organisation other than constituent documents; forms of documents containing a report of activities of the non-commercial organisation, information on the personal composition of its leading bodies, as well as the documents containing information on the spending of monetary resources and use of other property, including those received form international and foreign organisations, foreign citizens and stateless persons; forms of documents containing information on the volume of monetary resources and other property received by the public association from international and foreign organisations, foreign citizens and stateless persons, goal s of their spending and use, as well as of their actual spending or use; forms of documents containing information on the volume of monetary resources and other property received by the structural division of a foreign non-commercial non-governmental organisation, their distribution, goals of spending or use, actual spending or use, spending of the mentioned monetary resources provided to natural persons and legal entities and use of other property provided to them, as well as on the programs expected for implementation on the territory of the Russian Federation.

The Decision defines which documents and within what time limits must be submitted on the annual basis by the non-commercial organisation, public association and structural division of a foreign non-commercial non-governmental organisation to the bodies in charge of registration to control their activities and introduce necessary changes in the registration information.

The Decision endorses the rules of transfer of information on non-commercial organisations that have been registered before the entry into force of the Federal Law No. 18-FZ of January 10, 2006 on the amendments to some of the legislative acts of the Russian Federation. The Federal Tax Service of Russia and the Federal Registration Service are ordered to provide for the transfer and acceptance of registration information on the mentioned non-commercial organisations before January 1, 2008.

In view of the inclusion in the Federal Law on non-commercial organisations of provisions on the procedure of endorsement of the forms of documents necessary for the state registration of public associations, political parties, religious organisations subject to the special procedure of registration, appropriate changes are introduced also in the Decision of the Government of the Russian Federation No. 439 of June 19, 2002 on the endorsement of the forms and requirements to the drawing up of documents used for the state registration of legal entities, as well as natural persons as independent entrepreneurs.

Also invalidated is the Decision of the Government of the Russian Federation No. 442 of June 19, 2002 on the procedure of interaction of the federal body of justice and the federal body of executive power in charge of the state registration of legal entities.

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