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Monitoring of the Federal Legislation dated 4.05.2006
Federal Law No. 59-FZ of May 2, 2006 on the Procedure for Processing Appeals of Citizens of the Russian Federation
The Law regulates legal relations pertaining to implementation by the citizen of his inherent constitutional right to apply to state bodies and bodies of local government, as well as specifies the procedure of processing of appeals of citizens by the state bodies, bodies of local government and officials.
The introduced procedure applies to all appeals of citizens except for those where another procedure of processing pertains. The processing procedure shall also apply to legal relations pertaining to appeals of foreign citizens and stateless persons.
The Law defines the requirements to the form of written appeals of citizens, as well as appeals sent over information systems. An exhaustive list of appeals is specified that are not processed. These include: anonymous appeals except for those of crimes or a state hazards or hazard to public security, appeals where there is a court sentence passed, appeals containing defamation, offences and thunders aimed at state bodies, bodies of local government and their officials or other citizens, repeated (multiple) appeals if they do not contain new arguments or circumstances when written replies were sent to the previous ones.
It is prohibited to send the appeal for processing to the state body, body of local government or the official whose decision or action (failure to act) is being appealed against.
Written applications must be registered on the obligatory basis within three days from the moment of receiving and shall be processed within 30 days. The Law regulates the procedure of actions of the bodies of power and officials when appeals are received in other than their sphere of reference. Specifies the general rules of acceptance of citizens in person.
The Law introduces responsibility of officials for the violation of the procedure of work with appeals of citizens, as well as an opportunity is envisaged to collect from citizens using court procedures expenses of checking of their appeals containing information known to be false.
The Law is entered into force 180 days after the day of its official publication.
The introduced procedure applies to all appeals of citizens except for those where another procedure of processing pertains. The processing procedure shall also apply to legal relations pertaining to appeals of foreign citizens and stateless persons.
The Law defines the requirements to the form of written appeals of citizens, as well as appeals sent over information systems. An exhaustive list of appeals is specified that are not processed. These include: anonymous appeals except for those of crimes or a state hazards or hazard to public security, appeals where there is a court sentence passed, appeals containing defamation, offences and thunders aimed at state bodies, bodies of local government and their officials or other citizens, repeated (multiple) appeals if they do not contain new arguments or circumstances when written replies were sent to the previous ones.
It is prohibited to send the appeal for processing to the state body, body of local government or the official whose decision or action (failure to act) is being appealed against.
Written applications must be registered on the obligatory basis within three days from the moment of receiving and shall be processed within 30 days. The Law regulates the procedure of actions of the bodies of power and officials when appeals are received in other than their sphere of reference. Specifies the general rules of acceptance of citizens in person.
The Law introduces responsibility of officials for the violation of the procedure of work with appeals of citizens, as well as an opportunity is envisaged to collect from citizens using court procedures expenses of checking of their appeals containing information known to be false.
The Law is entered into force 180 days after the day of its official publication.
Federal Law No. 58-FZ of May 2, 2006 on the Amendments to Articles 158 and 168 of the Criminal Execution Code of the Russian Federation
The amendments remove inaccuracies pertaining to regulation of detention of convict servicemen in a disciplinary military unit.
Arrest as a disciplinary action for up to 30 days is envisaged for the mentioned category of convicts in Part 1 of Article 168 of the Criminal Execution Code of the Russian Federation. However, in Part 2 of the same article, it is called a punishment, which is not in line with its legal essence. Besides, Part 2 of Article 168 specifies that arrested convicts are detained in one-man cells of the disciplinary military unit, and Part 2 of Article 158 of the Criminal Execution Code specifies isolation ward for the arrest, which is not in line with the actually applied procedure. The mentioned inconsistencies in the norms of the Criminal Execution Code of the Russian Federation are removed.
Besides, a restriction is removed for the number of visits to the convict servicemen of lawyers and other persons entitled to render legal aid. The mentioned restriction applies only to the number of visits of relatives of the convict.
Arrest as a disciplinary action for up to 30 days is envisaged for the mentioned category of convicts in Part 1 of Article 168 of the Criminal Execution Code of the Russian Federation. However, in Part 2 of the same article, it is called a punishment, which is not in line with its legal essence. Besides, Part 2 of Article 168 specifies that arrested convicts are detained in one-man cells of the disciplinary military unit, and Part 2 of Article 158 of the Criminal Execution Code specifies isolation ward for the arrest, which is not in line with the actually applied procedure. The mentioned inconsistencies in the norms of the Criminal Execution Code of the Russian Federation are removed.
Besides, a restriction is removed for the number of visits to the convict servicemen of lawyers and other persons entitled to render legal aid. The mentioned restriction applies only to the number of visits of relatives of the convict.
Decree of the President of the Russian Federation No. 450 of May 2, 2006 on the Amendments to the Decree of the President of the Russian Federation No. 1315 of October 13, 2004 "Issues of the Federal Registration Service" and the Regulation Endorsed by this Decree
In the structure of the central office of the Federal Registration Service, the number of departments created in the main directions of activities of the Service is increased form 12 to 14.
The limiting number of employees of the central office of the Federal Registration Service from January 1, 2006 is increased from 277 (without the building guards and service personnel) to 375. There will also be a stepwise increase of the limiting number of employees of the territorial bodies of the Federal Registration Service from January 1, April 1 and October 1, 2006.
The Regulation on the Federal Registration Service is amended to include in the sphere of reference of the Federal Registration Service of authority to register not only political parties and public associations, but also other non-commercial organisations, including divisions of international organisations and foreign non-commercial non-governmental organisations. The Federal Service will fulfil also appropriate control functions for the activities of the mentioned non-commercial organisations; take decision to register the emblems of non-commercial organisations, as well as the emblems of public associations; issue to the registered non-commercial organisation the certificate of entry of record in the Joint State Register of Legal Entities from the federal body of executive power in charge of the state registration of legal entities, as well as the certificate of the state registration of the non-commercial organisation.
The sphere of reference of the Federal Registration Service will also include organisation of the state religions expert evaluation carried out at registration of religious organisations; the keeping of the registers: of non-commercial organisations, national cultural autonomies, branches and representations of international organisations and foreign non-commercial non-governmental organisations, representations of foreign religious organisations, Cossack societies, state notary offices and notary offices engaged in private practice, lawyers of foreign states engaged in activities on the territory of the Russian Federation; as well as the keeping of the federal list of extremist materials.
The Decree is entered into force from the day of its official publication.
The limiting number of employees of the central office of the Federal Registration Service from January 1, 2006 is increased from 277 (without the building guards and service personnel) to 375. There will also be a stepwise increase of the limiting number of employees of the territorial bodies of the Federal Registration Service from January 1, April 1 and October 1, 2006.
The Regulation on the Federal Registration Service is amended to include in the sphere of reference of the Federal Registration Service of authority to register not only political parties and public associations, but also other non-commercial organisations, including divisions of international organisations and foreign non-commercial non-governmental organisations. The Federal Service will fulfil also appropriate control functions for the activities of the mentioned non-commercial organisations; take decision to register the emblems of non-commercial organisations, as well as the emblems of public associations; issue to the registered non-commercial organisation the certificate of entry of record in the Joint State Register of Legal Entities from the federal body of executive power in charge of the state registration of legal entities, as well as the certificate of the state registration of the non-commercial organisation.
The sphere of reference of the Federal Registration Service will also include organisation of the state religions expert evaluation carried out at registration of religious organisations; the keeping of the registers: of non-commercial organisations, national cultural autonomies, branches and representations of international organisations and foreign non-commercial non-governmental organisations, representations of foreign religious organisations, Cossack societies, state notary offices and notary offices engaged in private practice, lawyers of foreign states engaged in activities on the territory of the Russian Federation; as well as the keeping of the federal list of extremist materials.
The Decree is entered into force from the day of its official publication.
Decision of the Government of the Russian Federation No. 260 of April 29, 2006 on the Measures to Implement the Federal Law on Insolvency (Bankruptcy) of Credit Organisations
Additional requirements to the terms of accreditation of bankruptcy commissioners as a receiver in bankruptcy cases of credit organisations shall be specified by the Bank of Russia in coordination with the Ministry of Economic Development of Russia and the Ministry of Justice of Russia.
The procedure of determination of the market value of securities owned by the credit organisation and permitted for circulation at the organised market of securities without attraction of an independent assessor is specified by the Federal Service for Financial Markets of Russia.
The procedure of determination of the market value of securities owned by the credit organisation and permitted for circulation at the organised market of securities without attraction of an independent assessor is specified by the Federal Service for Financial Markets of Russia.
Order of the Ministry of Agriculture of the Russian Federation No. 105 of April 3, 2006 on the Endorsement of the Veterinary Rules of Laboratory Diagnostics of Bird Influenza A
To improve the efficiency of combating bird flu, specifies the requirements to the organisation of laboratory diagnostics of bird flue A obligatory on the territory of the Russian Federation for the bodies of state power, enterprise or other economic subjects, institutions, organisations, public associations regardless of their subordination and proprietary forms, officials and citizens.
Diagnostic laboratory investigations and serological tests shall be carried out in specialised veterinary institutions and are aimed at identification of the bird flu virus, bird flue virus RNA, bird flue virus antigens and antibodies.
The time limit to carry out laboratory investigations depends on the investigation method and may not be greater than 1 month.
Registered in the Ministry of Justice of the Russian Federation on April 27, 2006. Reg. No. 7761.
Diagnostic laboratory investigations and serological tests shall be carried out in specialised veterinary institutions and are aimed at identification of the bird flu virus, bird flue virus RNA, bird flue virus antigens and antibodies.
The time limit to carry out laboratory investigations depends on the investigation method and may not be greater than 1 month.
Registered in the Ministry of Justice of the Russian Federation on April 27, 2006. Reg. No. 7761.
Order of the Ministry of Transport of the Russian Federation No. 44 of April 11, 2006 on the Endorsement of the Rules of Granting Subsidies in 2006 at the Expense of Resources of the Federal Budget to Organisations of the Sea and River Transport
The subsidies shall be granted to pay for the expenses to fulfil the following tasks (functions): navigation and hydrographical support of navigation safety at the Northern Seaway; preparedness to eliminate the consequences of sea accidents in the zone of responsibility of the Russian Federation, including creation and functioning of the Global Maritime Distress and Safety System, other systems of information transfer; providing safe navigation conditions on the Moscow Canal.
The chief administrator of resources allocated to grant the subsidies is the Federal Agency of the Sea and River Transport. The subsidies are provided under concluded contracts.
Distribution of subsidies among transport organisations, transfer of subsidies and control over their use for designated purposes is vested in the chief administrator of resources.
Registered in the Ministry of Justice of the Russian Federation on April 27, 2006. Reg. No. 7758.
The chief administrator of resources allocated to grant the subsidies is the Federal Agency of the Sea and River Transport. The subsidies are provided under concluded contracts.
Distribution of subsidies among transport organisations, transfer of subsidies and control over their use for designated purposes is vested in the chief administrator of resources.
Registered in the Ministry of Justice of the Russian Federation on April 27, 2006. Reg. No. 7758.
Order of the Ministry of Agriculture of the Russian Federation No. 90 of March 27, 2006 on the Endorsement of the Rules of Combating of Bird Flue
Defines the procedure to carry out the measures to prevent contamination, restrict dissemination and eradicate the flue among birds grown or maintained for meet, eggs and other products, as well as for breeding for the purpose of reproduction.
The rules contain general information on the given disease, regulate the procedure of epizootic control and diagnosing the bird flue, establishing the fact of circulation of the bird flue, specify the requirements to prevention of bird flue, determine the list of restrictive measures in locations with unfavourable situation, measures when the bird flue is suspected, measures to eliminate the bird flue, measures of protection of personnel, as well as the procedure to stop the quarantine.
Registered in the Ministry of Justice of the Russian Federation on April 27, 2006. Reg. No. 7756.
The rules contain general information on the given disease, regulate the procedure of epizootic control and diagnosing the bird flue, establishing the fact of circulation of the bird flue, specify the requirements to prevention of bird flue, determine the list of restrictive measures in locations with unfavourable situation, measures when the bird flue is suspected, measures to eliminate the bird flue, measures of protection of personnel, as well as the procedure to stop the quarantine.
Registered in the Ministry of Justice of the Russian Federation on April 27, 2006. Reg. No. 7756.
Order of the Ministry of the Industry and Power Supplies of the Russian Federation No. 90 of April 21, 2006 on the Endorsement of the Rules of Granting Subsidies to Organisations of Popular Crafts
The subsidies shall be granted to the Federal Agency of the Industry within the limits of budget obligations endorsed in the summary budget list of the federal budget. The rules define the types of expenses covered by allocated subsidies, as well as specify the terms of getting them. In the first place, the subsidies are allocated to reimburse 50% of tariff rates for the railway transportation over the territory of the Russian Federation of products made by recipients of subsidies and dispatched in the previous month. The subsidies do not apply if the amount of expenses for the mentioned tariff rates is lower than Rbl 10,000. The subsidies to reimburse or cover expenses for the electric power consumed in the previous month for industrial production needs shall be granted on condition that the amount of such expenses makes at least Rbl 30,000.
The subsidies are not granted if the organisation is under bankruptcy proceedings.
To get the subsidies, organisations must send to the Federal Agency of the Industry appropriate application and a number of documents, the list being provided in the appendix to the rules.
If the recipients of the subsidies submit all necessary reporting documents in due time (the lists and forms being provided in the rules), the subsidies shall be granted to recipients on the monthly basis. The volume of the granted subsidies for each recipient is specified by the Agency taking into account the recommendations of association "Popular Crafts of Russia".
Registered in the Ministry of Justice of the Russian Federation on April 26, 2006. Reg. No. 7750.
The subsidies are not granted if the organisation is under bankruptcy proceedings.
To get the subsidies, organisations must send to the Federal Agency of the Industry appropriate application and a number of documents, the list being provided in the appendix to the rules.
If the recipients of the subsidies submit all necessary reporting documents in due time (the lists and forms being provided in the rules), the subsidies shall be granted to recipients on the monthly basis. The volume of the granted subsidies for each recipient is specified by the Agency taking into account the recommendations of association "Popular Crafts of Russia".
Registered in the Ministry of Justice of the Russian Federation on April 26, 2006. Reg. No. 7750.
Order of the Ministry of Culture and Mass Communication of the Russian Federation No. 134 of March 27, 2006 on the Endorsement of the Rules of Granting Subsidies in 2006 at the Expense of Resources of the Federal Budget to Creative Unions and the Rules of Granting Subsidies in 2006 at the Expense of Resources of the Federal Budget to Circus Organisations Supervised by the Federal Agency of Culture and Cinematography
Creative unions shall get subsidies from the federal budget within the limits of budget obligations and the volumes of financing endorsed by the Federal Agency of Culture and Cinematography for the state support of creative unions. Recipients of subsidies are creative unions engaged in economic activities and paying the profit tax according to established procedure under agreements on subsidies concluded by the Federal Agency of Culture and Cinematography with creative unions. The subsidies shall be directed to carry out the measures in the sphere of culture and arts, social support of creative workers, outstanding figures of arts, young talented authors and performers, promotion of arts in mass media in compliance with the chartered activities of creative unions.
The subsidising of circus organisations shall be provided from the federal budget within the limits of budget obligations and volumes of financing endorsed for the Federal Agency of Culture and Cinematography for the state support of circus organisations.
The subsidies shall be granted to circus organisations to cover expenses of labour remuneration, uniform social tax, obligatory social insurance against accidents and occupational diseases, author remuneration, payment for communal and communication services, transportation services, travelling expenses and service trips, leasing, maintenance and veterinary services of animals and their purchase, civil defence, purchase of equipment, stage expenses, purchase of items of supplies and consumables, maintenance and guarding of buildings, assembly and disassembly of mobile circuses, installation and launching works, making printed items and tickets, customs procedures, dwelling for guest workers, information support of activities, capital repair except for the objects of the housing fund and objects of social destination.
Registered in the Ministry of Justice of the Russian Federation on April 25, 2006. Reg. No. 7749.
The subsidising of circus organisations shall be provided from the federal budget within the limits of budget obligations and volumes of financing endorsed for the Federal Agency of Culture and Cinematography for the state support of circus organisations.
The subsidies shall be granted to circus organisations to cover expenses of labour remuneration, uniform social tax, obligatory social insurance against accidents and occupational diseases, author remuneration, payment for communal and communication services, transportation services, travelling expenses and service trips, leasing, maintenance and veterinary services of animals and their purchase, civil defence, purchase of equipment, stage expenses, purchase of items of supplies and consumables, maintenance and guarding of buildings, assembly and disassembly of mobile circuses, installation and launching works, making printed items and tickets, customs procedures, dwelling for guest workers, information support of activities, capital repair except for the objects of the housing fund and objects of social destination.
Registered in the Ministry of Justice of the Russian Federation on April 25, 2006. Reg. No. 7749.
Order of the Federal Customs Service No. 306 of April 6, 2006 on the Amendments to the Order of the Federal Customs Service of Russia No. 1005 of October 28, 2005 on the Authority of the Customs Bodies to Carry out Customs Operations for Excisable and Certain Other Types of Commodities
The specialised customs bodies carrying out operations for excisable and certain other types of commodities are the customs posts of the Central and the North-Western Excise-Duty Customs Offices, except for the Specialised and the Gorensky Customs Posts of the Central Excise-Duty Customs Office and the Central Excise-Duty (Specialised) Customs Post of the North-Western Excise-Duty Customs Office.
Customs posts located in Moscow and the Moscow Province, in St.Petersburg and the Leningrad Province (except for the customs posts of the Central and the North-Western Excise-Duty Customs Office), as well as the Specialised Customs Post of the Central Excise-Duty Customs Office do not enjoy the authority to carry out customs operations for the fuels and lubricants from oil products classified under Heading 3403 and Subheadings 2710197100-2710990000 of the Foreign Trade Commodity Nomenclature of Russia, except for the commodities necessary for the normal operation and technical maintenance of air, sea (river) vessels.
Registered in the Ministry of Justice of the Russian Federation on April 25, 2006. Reg. No. 7748.
Customs posts located in Moscow and the Moscow Province, in St.Petersburg and the Leningrad Province (except for the customs posts of the Central and the North-Western Excise-Duty Customs Office), as well as the Specialised Customs Post of the Central Excise-Duty Customs Office do not enjoy the authority to carry out customs operations for the fuels and lubricants from oil products classified under Heading 3403 and Subheadings 2710197100-2710990000 of the Foreign Trade Commodity Nomenclature of Russia, except for the commodities necessary for the normal operation and technical maintenance of air, sea (river) vessels.
Registered in the Ministry of Justice of the Russian Federation on April 25, 2006. Reg. No. 7748.
Order of the Ministry of the Industry and Power Supplies of the Russian Federation No. 52 of March 21, 2006 on the Endorsement of the Procedure of Keeping of the Joint Register of Registered Systems of Voluntary Certification and Providing Information from This Register
The Joint Register is a state information resource and is maintained by the Federal Agency of Technical Regulation and Metrology. The Register contains the name of the system of voluntary certification, information on the legal entity or independent entrepreneur having created the system, information on the rules of functioning, list of objects subject to certification, information on the compliance sign, registration record.
The Joint Register is maintained in the electronic form and on paper. In cases of inconsistency between information in the electronic form and the one available in the documents on paper, the priority rests with the documents on paper.
Information available in the Joint Register is open to the public except for the information with restricted access. Access to information is provided by printing the official publication of the Agency, to requests of the interested parties.
Registered in the Ministry of Justice of the Russian Federation on April 25, 2006. Reg. No. 7747.
The Joint Register is maintained in the electronic form and on paper. In cases of inconsistency between information in the electronic form and the one available in the documents on paper, the priority rests with the documents on paper.
Information available in the Joint Register is open to the public except for the information with restricted access. Access to information is provided by printing the official publication of the Agency, to requests of the interested parties.
Registered in the Ministry of Justice of the Russian Federation on April 25, 2006. Reg. No. 7747.
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