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Daily Monitoring of the Legislation

Monitoring of the Federal Legislation dated 24.05.2006

Decision of the Constitutional Court of the Russian Federation No. 5-P of May 15, 2006 on the Case of Constitutionality of Provisions of Article 153 of the Federal Law No. 122-FZ of Augusts 22, 2004 on the Amendments to the Legislative Acts of the Russian Federation and Invalidation of Some of the Legislative Acts of the Russian Federation Pursuant to Adoption of the Federal Laws on the Amendments to the Federal Law on the General Principles of Organisation of Legislative (Representative) and Executive Bodies of State Power of the Subjects of the Russian Federation and on the General Principles of Organisation of Local Government in the Russian Federation Pursuant to the Appeal of the Head of the City of Tver and the Tver City Duma

The Constitutional Court of the Russian Federation recognised as constitutional the norm of the Law on the monetization of benefits whereby the bodies of local government may not impair the social standing of citizens having enjoyed as of January 1, 2005 the right for benefits and compensations. The case was stipulated by the appeal of the head of the municipal formation challenging the constitutionality of Article 153 of the Law No. 122-FZ of August 22, 2004 proceeding, in particular, from the fact that the bodies of local government do not have enough financial resources to support the earlier available amount of the parent fee for the kindergarten.

Since the Law on the monetization of benefits obliges the subjects of the Russian Federation and municipal authorities, when replacing natural benefits with monetary compensations, to introduce efficient legal mechanisms preserving and, possibly, improving the earlier available level of social protection of citizens, the challenged Article is not in contradiction of the Constitution of the Russian Federation. Meanwhile, the court emphasised that the budget of the subject of the Russian Federation or the local budget do not exist in isolation. Insufficiency of own sources of incomes at the level of municipal formations makes expedient for the bodies of state power of the Russian Federation and the subjects of the Russian Federation a proper budget regulation to provide for the balancing of local budgets. Thus, if the resources of the local budgets are not sufficient for the compensation of benefits, they must be allocated to the municipal authorities from the federal and regional budgets

Order of the Ministry of Regional Development of the Russian Federation No. 39 of April 12, 2006 on the Endorsement of the Method of Determination of the Normative of Cost of 1 Square Meter of the Total Dwelling Space for the Russian Federation and the Average Market Cost of 1 Square Meter of the Total Dwelling Space by the Subjects of the Russian Federation

In the framework of implementation of subprogram "Fulfilment of State Obligations to Provide Dwelling Space to the Categories of Citizens Specified in the Federal Legislation" of the targeted federal program "Housing" for the years 2002-2010, endorses the method of determination of the normative of the cost of 1 square meter of the total dwelling space for the Russian Federation and the average market cost of 1 square meter of the total dwelling space for the subjects of the Russian Federation. The mentioned method is applied to determine the normative of the market cost of 1 square meter of the total dwelling space for the subjects of the Russian Federation used in the calculation of subsidies granted to individual categories of citizens at the expense of the federal budget for the purchase of dwelling space.

The method is entered into force from the day of the official publication of the Order.

The earlier available Decision of the State Construction Committee of Russia No. 104 of August 31, 2001 pertaining to the determination of the average market cost of 1 square meter of the total dwelling space for the calculation of the amount of free subsidies is invalidated.

Registered in the Ministry of Justice of the Russian Federation on May 19, 2006. Reg. No. 7868.

Information Letter of the Presidium of the Higher Arbitration Court of the Russian Federation No. 108 of May 4, 2006 on Some Issues of Assigning, Dismissal and Disqualification of Bankruptcy Commissioners in Bankruptcy Cases

The Presidium of the Higher Arbitration Court of the Russian Federation prepared recommendations pertaining to the procedure of assigning, dismissal and disqualification of bankruptcy commissioners in bankruptcy cases.

The court examines independently issues of endorsement of the temporary commissioner after introduction of the monitoring procedure, as well as the application of the bankruptcy commissioner of his dismissal. The collegiate procedure applies to disqualification of the temporary commissioner in pursuance of Item 3 of Article 65, administrative manager - in pursuance of Item 5 of Article 83, external manager - in pursuance of Item 1 of Article 98, bankruptcy commissioner - in pursuance of Item 1 of Article 145 of the Law on bankruptcy. The same procedure is used to endorse the bankruptcy commissioner to replace the disqualified one or dismissed by court from his duties.

Information Letter of the Presidium of the Higher Arbitration Court of the Russian Federation No. 109 of May 4, 2006 on Some Issues of Initiation of Bankruptcy Cases

The Presidium of the Higher Arbitration Court of the Russian Federation explains some issues of initiation of bankruptcy cases.

Before introduction of the monitoring procedure, debtor application to recognise him bankrupt must be examined even if the appropriate application is accepted from the bankruptcy creditors or the authorised body. However, it should be processed only after checking the substantiation of claims of all bankruptcy creditors (authorised body) having presented appropriate claims and the refusal of introduction of the monitoring procedure. If the monitoring procedure is introduced for one of the applications of bankruptcy creditors or the authorised body, the court adopts a ruling to refuse accepting the debtor application in compliance with Article 43 of the Law on bankruptcy.

Letter of the Central Bank of Russia No. 71-T of May 19, 2006 on the Inclusion of Securities in the Lombard List of the Bank of Russia

The Lombard List of the Bank of Russia shall include now individual bonds of the Administration of the Yamalo-Nenets Autonomous District, the bonds of the Moscow Province internal bond loans, bonds of the OAO Russian Railways, as well as the bonds of the Moscow International Bank, bank Russky Standart, Gazprombank and the Russian Agricultural Bank.

The content of the present Letter must be conveyed to credit organisations.

Letter of the Central Bank of Russia No. 68-T of May 16, 2006 on the Filling of Individual Fields of Payment Orders to Transfer to the Budget System of the Russian Federation Monetary Sanctions (Fines) Administered by the Bank of Russia

When filling out the payment order to transfer monetary sanctions (fines) for the violation of the legislation of the Russian Federation on the combating of legalisation (laundering) of incomes obtained in a criminal way and financing of terrorism, Field 104 of the payment order is used to indicate the code of budget classification 99911612000010000140.

Also specifies the particulars of filling of the fields "Recipient", "INN", "KPP" and "Account No".

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