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Daily Monitoring of the Legislation

Monitoring of the Federal Legislation dated 5.07.2006

Federal Law no. 102-FZ of July 3, 2006 on the Ratification of the Treaty on the Status of the Fundamentals of the Legislation of the Eurasia Economic Community, Procedure of Their Development, Adoption and Implementation <br />

Ratifies the Treaty on the status of the fundamentals of the legislation of the Eurasia Economic Community, procedure of their development, adoption and implementation signed in Astana on June 18, 2004 defining the status of the fundamentals of the Eurasia Economic Community, introducing a uniform procedure of their development, examination, adoption, amending, suspension and termination.

The Treaty has been prepared in pursuance of the Agreement on the legal support of the forming of the Customs Union and the single economic environment of October 26, 1999 and the Founding Treaty of the Eurasia Economic Community of October 10, 2000.

Federal Law No. 101-FZ of July 3, 2006 on the Ratification of the Agreement between the Government of the Russian Federation and the Government of the Republic of Tajikistan on the Transfer in the Property of the Russian Federation of the Nurek Optical Electronic Node and the System of Control of the Outer Space and Its Functioning Procedure <br />

The ratified Agreement provides for the right of ownership of the Russian Federation for the Nurek Optical Electronic Node of the system of control of outer space located on the territory of the Republic of Tajikistan and handed over in redemption of the debt of Tajikistan to Russia, as well as defines the general principles of its use, procedure of functioning, support and financing.

The Agreement on the transfer of mentioned optical electronic node was signed between the Government of the Russian Federation and the Government of the Republic of Tajikistan in Dushanbe on October 16, 2004. The Optical Electronic Node Nurek does not have analogues in the world and permits to monitor the outer space in the whole range of heights of travel of space objects over the Eurasia Continent, Northern and Central Africa, as well as adjacent water areas of the Indian, Pacific and the Atlantic Oceans.

Federal Law No. 100-FZ of July 3, 2006 on the Ratification of the Protocol of Endorsement of the Regulation on the Executive Committee of the Commonwealth of Independent States <br />

Ratifies the Protocol of endorsement of the Regulation on the CIS Executive Committee signed in Moscow on June 21, 2000.

The Protocol lays the legal basis for the reformation of the structure of the CIS executive bodies, the result being that the CIS Executive Secretariat and the Office of the Interstate Economic Committee of the Economic Union is reorganised into the CIS Executive Committee.

Pursuant to the reformation of the structure of the CIS bodies, the Law defines a new approach to the issue of the legal status and social guarantees of the officials of the CIS bodies on the basis of the commonly accepted international practice. Therefore, to avoid conflict of laws for the Russian Federation, the Protocol is ratified with a reservation stating that the Russian side is not obliged to fulfil the provisions of the Item 14 of the Regulation stating that employees of the office of the Committee for Legislation of the member-states of the Commonwealth have equal status as the state servants of their states.

When fulfilling its duties pertaining to employees of the office of the Committee, the Russian side will be guided by provisions of Articles 15 and 16 of the Agreement on the legal status of officials and employees of the CIS bodies of April 25, 2003, assigning to officials of the CIS bodies a uniform status of international servants with all privileges and immunity regardless of their affiliation to any particular body of the Commonwealth. According to the provisions of the declaration, international servants out of citizens of the Russian Federation are not qualified as appropriate categories of state servants of the Russian Federation.

Federal Law No. 99-FZ of July 3, 2006 on the Ratification of the Protocol on the Amendments to the Protocol on the Procedure of Control over the Use for Designated Purposes of the Products of Military Destination Supplied in the Framework of the Agreement on the Main Principles of Military and Technical Cooperation among the Member-States of the Collective Security Treaty of May 15, 1992 <br />

The ratified Protocol extends control over the use for designated purposes of the products of military destination and observation of the measures of protection of information pertaining to supplies of products of military destination and comprising the state secret of the supplying state to all products of military destination supplied in the framework of the Agreement on the main principles of military and technical cooperation among the member-states of the Collective Security Treaty and under bi-lateral contracts.

The Protocol was signed in Moscow on November 22, 2004. The need to control the use for designated purposes of all supplied products of military destination is stipulated by the amendments to the Agreement on the main principles of military and technical cooperation among the member-states of the Collective Security Treaty that applied beneficial terms of supplies of products of military destination to all national armed forces of the member-states of the Collective Security Treaty Organisation rather than the part of them included in the multi-lateral forces of the Collective Security Treaty Organisation in the regions of collective security.

Federal Law No. 98-FZ of July 3, 2006 on the Amendment to Article 151 of the Code of Criminal Procedures of the Russian Federation <br />

According to the amendment, preliminary investigation in cases of violation of the copyright and adjacent rights envisaged in Article 146 of the Criminal Code of the Russian Federation may be initiated not only by investigators of the prosecutor's office, but also the ones of the bodies of internal affairs (alternative jurisdiction).

Federal Law No. 97-FZ of July 3, 2006 on the Amendments to Article 23.34 of the Code of Administrative Violations of the Russian Federation and Articles 40 and 151 of the Code of Criminal Procedures of the Russian Federation <br />

The list of officials of the bodies of state fire enforcement authorised to process the cases of administrative violations and impose administrative punishments (Article 23.34 of the Code of Administrative Violations of the Russian Federation) shall include state inspectors of fire enforcement in closed administrative territorial formations.

Pursuant to the amendments introduced in the Federal Law on the fire safety by the Federal Law No. 122-FZ of August 22, 2004, refines Articles 40 and 151 of the Code of Criminal Procedures of the Russian Federation stating that the authority of the body of investigation in cases of violations of fire safety rules, as well as destruction of and damage to forests, is vested in the bodies of state fire enforcement of the Federal Fire Service.

Federal Law No. 96-FZ of July 3, 2006 on the Amendments to Individual Legislative Acts of the Russian Federation on Defence and Military Service <br />

The amendments to the Federal Law on defence and in the Federal Law on the military duty and military service pertain to the legal norms regulating organisation of voluntary training of citizens when they study in military training centres of state institutions of higher professional education and further contract military service.

The Law introduces a system of contracts of education under military training programs for contract military service. The citizen undergoing intra-mural studies in an institution of higher professional education fit for military service on medical grounds and meeting specified requirements may conclude a contract with the Ministry of Defence of the Russian Federation to undergo military training program in the training centre of the higher educational institution. Such student will get additional stipends during study depending on training achievements.

The contracts of military training in the training centre may be concluded by citizens up to 24 years of age. The results of the military training permit graduates of civil higher educational institutions to enter the contract military service.

The contract of training of reserve officers at the military chair may be concluded by citizens up to 30 years of age. The specified age limit permits the citizen to be in the first priority reserve for at least 10 years after study (until 45 years of age). A prohibition to study at the military chair is introduced for the persons with outstanding convictions, as well as the persons under preliminary investigation or when the case is handed over to court.

The Federal Law is entered into force from January 1, 2008.

Federal Law No. 95-FZ of July 3, 2006 on the Ratification of the Convention on Seafarers' Welfare at Sea and in Port (Convention 163) <br />

Ratifies the Convention on seafarers' welfare at sea and in port (Convention 163) adopted at the 74th Session of the General Conference of the International Labour Organisation in Geneva on October 8, 1987.

The Convention defines international requirements of seafarers welfare aboard the ship and in port. The term "welfare facilities and services" means cultural, sports, recreational and information facilities and other measures.

Russia's accession to the Convention implies assumption of obligations to: finance seafarers' welfare; provide for seafarers' welfare in ports regardless of the nationality, race, sex, religion, political convictions or social origin, state of registration of the vessel; arrange regular checks in the given sphere.

Federal Law No. 94-FZ of July 3, 2006 on the Amendment to Article 1 of the Founding Agreement of the European Bank for Reconstruction and Development Approved by the EBRD Board of Governors in London on January 30, 2004 <br />

According to the Founding Agreement of the European Bank for Reconstruction and Development, the EBRD may carry out operation in the countries of Central and Eastern Europe only. The amendment permits the EBRD to start financing operations in Mongolia, granting Mongolia the right to use EBRD financial resources. The mentioned amendment was approved by the EBRD Board of Governors, including also the one from the Russian Federation, in London on January 30, 2004.

Federal Law No. 90-FZ of June 30, 2006 on the Amendments to the Labour Code of the Russian Federation, Invalidation on the Territory of the Russian Federation of Some of the Normative Legal Acts of the USSR and Some of the Legislative Acts (Provisions of Legislative Acts) of the Russian Federation <br />

Introduces a range of amendments to the Labour Code of the Russian Federation, the greater part being of legal and technical nature aimed at removing controversies and inaccuracies available in the Code, excluding opportunities of ambiguous interpretation of the legal norms without changing the conceptual nature of the provisions.

There are also amendments changing significantly individual provisions of the Code.

The notion of "organisation" in the Labour Code of the Russian Federation is replaced with the notion of "employer". This permits to apply the norms of the Code to employers not being legal entities (independent entrepreneurs and natural person employers hiring workers for personal services and household aid). The duty to keep labour-books of employees is introduced for independent entrepreneurs.

Independent entrepreneurs and employers out of subjects of small business are deprived of the right to conclude a labour contract with an employee for a limited period of time if the total number of workers is greater than 35. In case of activities in the sphere of retail trade and household services, the mentioned categories of employers may conclude limited-term labour contract if only the number of employees is not greater than 20.

The period of unpaid leave is increased from 7 to 14 days, which is included in the length of service permitting to have the annual paid leave.

When the paying out of earnings is delayed, the employer must pay out appropriate monetary compensation regardless of the presence of his fault.

Trade-unions may call to account for the violation of the rights of employees not only the head of the enterprise but also the head of the appropriate structural division.

If the work is suspended because of the failure to pay out the earnings for more than 15 days, the employee may leave his workplace in the working time. In this case, he must report for work no later than the next working day after receiving a written notification of the employer ready to make the payment.

The system of paying out of leave money and compensations for unused leave has also changed - it is calculated proceeding from earnings per year rather than three months, as was envisaged before.

The Law changes the procedure of labour remuneration for women with a child up to one and half years of age in cases of transfer to another job to her application because of the impossibility to fulfil the previous one. According to the amendment, the labour remuneration is paid out proceeding from work done, however, not less than the average earnings at the previous place of work, thus providing for opportunities of transfer to a higher paid job.

Intervals for baby feeding to working women are provided every three hours regardless of whether or not the work is of uninterrupted nature.

The guarantees pertaining to business trips, overtime work, work at night, on days-off and non-working holidays envisaged in Part 2 of Article 259 of the Labour Code of the Russian Federation shall be provided also to mothers and fathers bringing up children under five years of age without the spouse.

The Law changed the provisions pertaining to guarantees to expecting mothers in cases of dismissal. The limited-term labour contract shall be prolonged against employee application in the presence of appropriate medical certificate until the end of the pregnancy rather than the moment when the right for the maternity leave occurs. In this case, the employer may request from the employee the certificate confirming the pregnancy (no sooner than once in three months). If the employee continues to work after the end of the pregnancy, the employer may discontinue the prolonged contract within one week from the day when he learnt or was to learn of the end of the pregnancy.

One more reason is introduced permitting to dismiss a woman during expectancy - expiry of the period of the limited-period contract concluded to fulfil the duties of the temporarily absent worker, if it is impossible to transfer the woman with her consent before the end of the pregnancy to another job permitting to provide better health conditions. In this case, the employee must be offered all available vacancies meeting the mentioned requirements.

The Law changed individual norms pertaining to particulars of regulation of labour of part-time workers.

The Law introduces the minimum amount of compensation in case of dismissal of the head of the organisation at the decision of the authorised body of the organisation or the owner of the property in the absence of the head's fault. The compensation may not be lower than three times the average monthly earnings.

The procedure for strikes is also simplified. The meeting of employees is considered valid to endorse the decision announcing the strike taken by the trade-union if at least half of the total number of employees are present, the conference - if at least two thirds of the delegates are present. Earlier, both the meeting and the conference were considered valid in the presence of at least two thirds of the total number of employees (conference delegates).

The Law specifies the list of cases permitting to summon the employees to work on days-off and non-working holidays without their consent.

The Federal Law is entered into force 90 days after the day of official publication.

Decree of the President of the Russian Federation No. 658 of June 30, 2006 on the Federal Agency for Hi-Tech Medical Aid <br />

To improve the efficiency of development and implementation of modern medical technologies and new methods of diagnostics and treatment, forms the Federal Agency for Hi-Tech Medical Aid subordinate to the Ministry of Public Health and Social Development of the Russian Federation.

It is planned to endorse within three months the regulation on the new federal agency, redistribute the functions and authority of the Federal Agency for Public Health and Social Development and the Federal Agency for Hi-Tech Medical Aid, hand over to the created agency enterprises and institutions necessary for its functions, endorse the limiting payroll.

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

Decree of the President of the Russian Federation No. 657 of June 30, 2006 on the Invalidation of Some of the Acts of the President of the Russian Federation on the State Regulation of Safety of Use of Nuclear Power <br />

In the framework of the carried out administrative reform, the authority of state regulation of safety of use of nuclear power were vested in the Federal Service of Ecological, Technological and Nuclear Enforcement. This invalidates the acts of the President of the Russian Federation having vested this authority in the Federal Enforcement of Russia of Nuclear and Radiation Safety, Ministry of Public Health of the Russian Federation, Federal Mining and Industrial Enforcement of Russia, Ministry of the Russian Federation for Civil Defence, Emergency Situations and Elimination of Consequences of Natural Disasters and the Ministry of Defence of the Russian Federation.

The Decree is entered into force from the day of its signing.

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