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Daily Monitoring of the Legislation

Monitoring of the Federal Legislation dated 26.06.2006

Decision of the Plenum of the Supreme Court of the Russian Federation No. 15 of June 19, 2006 on the Issues Emerging with the Courts When Processing Civil Cases Pertaining to Application of the Legislation on the Copyright and Adjacent Rights <br />

The plenum of the Supreme Court of the Russian Federation explained some issues emerging in the cases pertaining to the legislation on the copyright and adjacent rights. Thus, it defined the procedure of application of legal sources regulating the mentioned relations, including the international treaties where the Russian Federation is a member.

As to the alternative jurisdiction, it is emphasised that in the context of Part 9 of Article 29 of the Code of Civil Procedures of the Russian Federation (stating that the lawsuits pertaining to contracts indicating the place of their execution may be presented to court also at the place of execution of such contract), examples of execution of contracts may be: submission of the manuscript to the editorial board, paying out of royalties, submission of author copies. The plaintiffs in the mentioned category of cases are the persons being defended under the civil case. In particular, the organisation managing proprietary rights on a collective basis is not a plaintiff when it applies to court, since it does not defend its own rights. The plaintiffs are the holders of the copyright and/or adjacent rights being defended by the organisation. Such organisation, when applying to court, may act without proxy.

According to Item 3 of Article 9 of the Law of the Russian Federation on the copyright and adjacent rights, when a piece of art is published anonymously or under a pen-name, the publisher indicated in it, in the absence of another proof, is considered to be the author's representative and may defend the author's rights in this quality. In this connection, the court may not leave the publisher's application without being processed using as a motive the absence of the real author name in the application and the failure to present the author's proxy. If the author of such piece of art does not disclose his personality or does not proclaim his authorship before the dispute is resolved, the decision satisfying the lawsuit is taken by the court in favour of the publisher.

The plenum, while defining the counterfeit copies of pieces of art and/or phonograms, emphasised that this a legal notion, and the issue may not be posed to an expert. The list of copyright objects available in Article 7 of the Law is not exhaustive, which obliges the courts to keep in mind that legal protection, as a copyright object, applies to the piece of art expressed in the objective form rather than the essence. The software programs should be qualified as literary pieces, and databases - as collections. The placing of the copyright objects and/or objects of adjacent rights in the telecommunication networks, the Internet, in particular, is a use of them, therefore, copies of the pieces of art or objects of adjacent rights created (obtained) as a result of such use in violation of the Law are counterfeits.

If the piece of art has been created while fulfilling a service order of the employer and at his expense, or while executing service duties envisaged in the labour contract, exclusive rights for the use of this piece of art, according to the Law, are handed over to the employer, with the personal non-proprietary rights not being alienated, they rest with author natural persons.

A special attention is paid to the procedure of application of provisional measures in the mentioned category of cases, calculation of the time limits of the copyright and/or adjacent rights, as well as the use of special methods of protection of violated rights envisaged in the Law on the copyright and adjacent rights.

Decision of the Plenum of the Supreme Court of the Russian Federation No. 14 of June 15, 2006 on the Judicial Practice in the Cases of Crimes Pertaining to Narcotic Drugs, Psychotropic, Potent and Poisonous Substances <br />

As a result of analysis of the judicial practice in the cases of crimes pertaining to narcotic drugs, psychotropic, potent and poisonous substances, the Plenum of the Supreme Court of the Russian Federation prepared explanations on individual issues causing difficulties.

First, the courts are recommended to take into account, besides appropriate provisions of the Russian legislation, also the decisions of the UN Commission on Narcotic Drugs qualifying new substances as narcotic drugs and psychotropic substances.

The Decision explains the procedure of expert evaluations to establish a large or specially large amounts of narcotic substances, psychotropic substance and their analogues.

Also examines the issues pertaining to legal assessment of actions of persons engaged in illegal purchase, storage, transportation, production, processing of narcotic drugs, psychotropic substances or their analogues for the purpose of sale, as well as the shipping or sale of the mentioned substances.

The issue of the presence of corpus delicti in the actions of persons - illegal trafficking for the purpose of sale - and of delimitation of it from illegal storage without sale of the narcotic drug or psychotropic substance or their analogous while travelling must be solved by the court in each particular case taking into account the goal of the intention, actual circumstances of transportation, quantity, amount, volume of narcotic drugs, psychotropic substances or their analogues, place of their location, as well as other circumstances of the case.

To qualify the actions under Part 1 of Article 228.1 of the Criminal Code of the Russian Federation (as pertaining to illegal production of narcotic drugs, psychotropic substances or their analogues) as a completed crime, the quantity of obtained substance is of no significance.

The actions of the persons selling any other drugs or substances for profit under the pretence of narcotic drugs, psychotropic substances or their analogues, potent or poisonous substances should be regarded as fraudulence.

A voluntary handing out of narcotic drugs, psychotropic substances or their analogues implies a handing out of such substances to representatives of authorities in the presence of real opportunities with the person to dispose of them in another way. The handing out of the given substances in the case of arrest of the person, as well as in the course of appropriate investigation, may not be regarded as a voluntary handing out.

The Decision invalidates the Decision of the Plenum of the Supreme Court of the Russian Federation No. 9 of May 27, 1998 earlier prepared for the given category of cases.

Decision of the Government of the Russian Federation No. 391 of June 23, 2006 on the Endorsement of the Method of Calculation of the Aggregate Tax Load As of the Day of the Beginning of Implementation by the Resident of the Special Economic Zone in the Kaliningrad Province of the Investment Project and the Procedure of Registration of the Fact of Increase of This Value <br />

The resident of the special economic zone in the Kaliningrad Province implementing an investment project, shall calculate independently the aggregate tax load according to the attached method for activities pertaining to the implementation of the investment project.

Decision of the Government of the Russian Federation No. 389 of June 22, 2006 on the Licensing of Activities in Expert Evaluation of Industrial Safety <br />

The earlier issued licenses shall preserve their force until expiry.

Defines the procedure of licensing of activities of legal entities in expert evaluation of design documentation for the development, construction, expansion, reconstruction, technical modernisation, conservation and liquidation of a hazardous industrial object; technical devices used in a hazardous industrial object; buildings and structures located on the territory of the hazardous industrial object; declarations of industrial safety; documents pertaining to operation of hazardous industrial objects.

The licensing of the mentioned activities is vested in the Federal Service of Ecological, Technological and Nuclear Enforcement. The license is issued for 5 years.

Decision of the Government of the Russian Federation No. 386 of June 22, 2006 on the Endorsement of the Rates of Import Customs Duties for Individual Types of Sports Commodities <br />

Prolongs on unlimited basis the rates of the import customs duties for individual types of sports commodities (snowboard shoes, ski auxiliaries, tennis rackets, roller and ice skates) introduced for 9 months by the Decision of the Government of the Russian Federation No. 613 of October 13, 2005. The rates were fixed in the amount of 5% of the customs cost.

The Decision is entered into force from August 19, 2006.

Decision of the Government of the Russian Federation No. 385 of June 22, 2006 on the Interim Rates of Import Customs Duties for Technological Equipment for the Aircraft Industry <br />

Adjusts individual subheadings of the Foreign Trade Commodity Nomenclature pertaining to technological equipment for the aircraft industry (milling centres, carousel turning machine-tools, computer tomographs and other equipment).

Endorses for 9 months new differentiated rates of import customs duties (a number of commodities shall be imported duty free).

The Decision is entered into force 2 months after the day of its official publication.

Order of the Government of the Russian Federation No. 898-r of June 22, 2006 <br />

Lists non-edible alcohol-containing products where the main technological equipment for their production does not require outfitting with automatic means of measuring and registration of concentration and volume of anhydrous alcohol in the finished products, the volume of finished products. The mentioned list includes 10 items, in particular, lacquers, paints, household chemistry items and perfumery.

Letter of the Central Bank of Russia No. 69-T of May 17, 2006 on the Measures of Intervention Applied to Credit Organisations for the Violation of the Requirements of the Federal Law on Credit Histories <br />

In view of the entry into force of the Federal Law on credit histories, the Bank of Russia (Directions No. 1610-U of August 31, 2005 and No. 1612-U of August 31, 2005) defined the procedure of obtaining by natural persons and legal entities (subjects of credit histories) of information on credit history bureaus keeping the subject's credit history. To get such information, the subject may send a request to any credit organisation indicating his personal code generated by the credit organisation-source of the credit history.

If violations on the part of credit organisations of the above procedure of providing information on the credit history bureaus are revealed after August 1, 2006, territorial institutions of the Bank of Russia are ordered to apply measures of intervention to credit organisations in the form of a fine of up to 0.1% of the minimum amount of the registered capital.

Letter of the Central Bank of Russia No. 29-5-1-4/2148 of May 15, 2006 "Description of the Banknote of the Bank of Russia of 1997 Specimen with the Nominal Value of Rbl 5,000" <br />

Pursuant to the adoption by the Board of Directors of the Bank of Russia of the decision to issue in circulation the banknote of the 1997 specimen with the nominal value of Rbl 5,000, reports information containing the description of the given banknote.

The banknote is of red and brown colour depicting the monument to N.N.Muravyov-Amursky in the city of Khabarovsk with the view of the Amur River in the background on the facing side. The background mesh on both sides in the upper and lower part of the banknote repeats figure 5,000 with an apparent relief.

The structure of the serial number: two-character series, seven-digit number. The height of the digits of the serial number printed in dark green is increased from left to right.

The paper of the banknote is white that does not glow in the ultraviolet light.

Information on the banknote format, means of protection against forgery is provided.

The coupon fields of the banknote have two local watermarks: a vertical figure 5,000 on the narrow coupon field in the light made of light, shaded digits; a half-tone depiction of the head of the monument to N.N.Muravyov-Amursky on the wide coupon field.

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