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Daily Monitoring of the Legislation

Monitoring of the Federal Legislation dated 6.07.2006

Decision of the Constitutional Court of the Russian Federation No. 8-P of June 30, 2006 on the Case of Constitutionality of a Number of Provisions of Part 11 of Article 154 of the Federal Law No. 122-FZ of August 22, 2004 on the Amendments to the Legislative Acts of the Russian Federation and on Invalidation of Some of the Legislative Acts of the Russian Federation Pursuant to the 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 Local Government in the Russian Federation Pursuant to the Request of the Government of Moscow <br>

The Constitutional Court of the Russian Federation recognised as complying with the Constitution of the Russian Federation provisions of the Law on monetization specifying the procedure of gratuitous transfer in the federal property of the property owned by the subjects of the Russian Federation in view of the delimitation of the authority among the bodies of state power of the Russian Federation and the bodies of state power of the subjects of the Russian Federation. Such Decision was stipulated by the request of the Government of Moscow challenging the constitutionality of the procedure permitting to hand over regionally owned property in the property of the Russian Federation on the gratuitous basis. According to the applicant, such legal regulation is not in line with the provisions of the civil legislation specifying general rules of purchase of the proprietary right, as well as an equal reimbursement in cases of withdrawal of property.

The court explained that relations of transfer of state-owned property stipulated by the delimitation of public power authority may not be regulated by the civil legislation based on equality, autonomous will and proprietary independence of participants of the civil process. Besides, the proprietary right of the subjects of the Russian Federation may be restricted, if such restriction is necessary for protection of constitutional values and is commensurate in its nature with the constitutionally significant goals for the sake of which it is introduced.

At the same time, the Federal Law delimiting the state property and specifying the procedure of transfer of property as a result of delimitation of the public power authority must provide for the balance of interests of the Russian Federation and the interests of its subjects. Such balance is provided by introduction of the procedure when the transfer of property in the federal property is implemented on the basis of the will of the subject of the Russian Federation. The authenticity of the intention of the legislator - not to permit the transfer of property against the will of the subject of the Russian Federation possessing it - is evident in the speeches of representatives of the State Duma, Council of the Federation and the President of the Russian Federation when this case was examined.

The same motive was pursued by the Government of the Russian Federation having specified in its Decision No. 374 of June 13, 2006 that the decision taken by the federal body of state power to transfer the property from the subject of the Russian Federation to the federal property requires a proposal of the body of state power of the subject of the Russian Federation on the transfer of property from the subject of the Russian Federation in the federal property (Subitem "a" of Item 2).

Moreover, since the property owned by appropriate public legal formations is intended for the implementation of the functions of the state by the bodies of public power within their sphere of reference, therefore, gratuitous transfer of property for its most rational use in the common public interest is possible as a result of delimitation of the authority between the federal centre and the region.

Decision of the Government of the Russian Federation No. 410 of July 3, 2006 on the Coefficient of Indexing of the Amount of the Monthly Insurance Payment in Obligatory Social Insurance against Industrial Accidents and Occupational Diseases <br>

From January 1, 2006, the coefficient of indexing of the amount of the monthly insurance payment in obligatory social insurance against industrial accidents and occupational diseases assigned before January 1, 2006 makes 1.085.

Decision of the Government of the Russian Federation No. 408 of July 3, 2006 on the Endorsement of the Rate of the Export Customs Duty for Leather of Other Animals, Additionally Treated, Exported outside the Member-Countries of the Customs Union Agreements <br>

Introduces the zero rate of the export customs duty for leather, additionally treated after tanning or in the form of a crust, including parchment-dressed, of bovine animals (including buffalo) or equine leather, hairless, whether or not split, other than leather of Heading 4114 (code of the Foreign Trade Commodity Nomenclature 4107).

Earlier, the rate amount for the given commodities made 10% of the customs cost, however, not less than EUR 60.

The Decision is entered into force one month after the day of official publication.

Decision of the Government of the Russian Federation No. 403 of June 30, 2006 on the Endorsement of the Regulation on the Licensing of Outer Space Activities <br>

The new Regulation on the licensing of outer space activities envisages the issue of licenses to legal entities only. According to the previous Regulation, the license for outer space activities might have been issued to independent entrepreneurs either.

The new Regulation extends the list of works (services), fulfilled (rendered) in the course of the outer space activities, adjusts license requirements and terms, the list of documents presented to get the license is provided in detail for the carried out works. The main license requirement for all works in the framework of outer space activities is availability on the proprietary basis (or on other legal grounds) of rooms, equipment, normative-and-technical and operational documentation providing for the implementation of the declared works.

The Regulation envisages the checking by the licensing body of completeness and authenticity of information and documents presented by the applicant, opportunities of fulfilling license requirements and terms. Provides the list of major violations of the licensing requirements.

The license is granted for 5 years. It may be granted for a greater period of time if the state contract with the developer envisages a longer period of works to be carried out under targeted programs.

The previous Regulation on the licensing of outer space activities endorsed by the Decision of the Government of the Russian Federation No. 422 of June 14, 2002 is invalidated.

Order of the Federal Service of Ecological, Technological and Nuclear Enforcement No. 595 of June 20, 2002 on the Endorsement of the Instruction on the Organisation of Issue of Permissions by the Federal Service of Ecological, Technological and Nuclear Enforcement to Develop the Parts of the Forest Lands When They Are Transferred into Non-Forest Lands <br>

Specifies the procedure of issue of permissions by the Federal Service of Ecological, Technological and Nuclear Enforcement for development of the parts of forest lands, when they are transferred into non-forest lands, for the purpose of geological surveys, geological studies, prospecting and extraction of mineral resources, construction and other works in the presence of mineral deposits on the selected part, as well as specifies the procedure of issue (refusal to issue) of the mentioned permissions and the procedure of registration of the issued permissions (refusals to issue them) in the territorial bodies of the Federal Service of Ecological, Technological and Nuclear Enforcement.

The permission is an integral part of the set of documents necessary for the preparation of the decisions of the territorial bodies of the Federal Forestry Agency on the transfer of forest lands into non-forest ones.

The grounds of refusal to issue the permission are the failure to present necessary documents or a violation of the available requirements on protection of subsoil resources.

Registered in the Ministry of Justice of the Russian Federation on July 4, 2006. Reg. No. 8002.

Order of the Federal Tax Service No. SAE-3-09/355@ of June 16, 2006 on the Publication of Information of the State Registration of Legal Entities in Compliance with the Legislation of the Russian Federation on the State Registration <br>

Defines the procedure of publication of information available in the Joint State Register of Legal Entities.

Information available in the Joint State Register of Legal Entities and intended for publication shall be placed in the Internet on the site of the Federal Tax Service of Russia. The mentioned information, as well as other information that must be published in compliance with the legislation on the state registration, shall be published in the Herald of the State Registration.

The Order specifies the form used for the placing of the information available in the Joint State Register of Legal Entities on the site of the Federal Tax Service of Russia and the composition of information published in the mentioned journal.

Information for publication in the journal and for placing in the Internet shall be presented on the weekly basis by the Interregional Inspection of the Federal Tax Service of Russia for Centralised Data Processing.

Information on adopted decisions on anticipated exclusion of inoperable legal entities from the Joint State Register of Legal Entities shall be presented to the journal by the tax (registration) bodies.

Registered in the Ministry of Justice of the Russian Federation on July 4, 2006. Reg. No. 8001.

Order of the Ministry of Information Technologies and Communication of the Russian Federation No. 75 of June 14, 2006 on the Endorsement of the Method of Organisation and Carrying out of the Measures to Control Activities in the Sphere of Postal Communication <br>

Works out the method defining the procedure of organisation and carrying out of measures to control activities of legal entities, independent entrepreneurs and natural persons when they render services of postal communication.

Enforcement and control of observation of the requirements in the sphere of postal communication shall include organisation and implementation of checking of observation of the requirements to:

* structure of networks of the postal communication, design, construction, reconstruction and operation of networks (structures) of postal communication;
* fulfilling of rules of rendering of services of postal communication by postal communication operators;
* metrological support of equipment used to register the volume of rendered services of postal communication;
* normatives of frequency of collection from mail boxes, exchange, transportation and delivery of written correspondence;
* time limits of transfer of mail dispatches and mail money transfers;
* procedure of registration of dispatched and received mail dispatches and money transfers between organisations of postal communication;
* procedure of use of postage meters and finding the ones not permitted for use.

Control over observation of the legislation on the licensing in the sphere of communication shall include the checking of: observation of the license terms; finding the persons rendering the services of postal communication at cost without appropriate licenses.

Control measures shall be vested in the state inspectors of the Russian Federation for enforcement of communication and information technologies.

The Order specifies the list of measures to be carried out during each of the above checks, as well as their method and procedure of determination of the volumes of control measures. Regulates the issue of drawing up of the results of carried out control measures. Provides the forms of documents drawn up in the course of the checks and as a result of the carried out control measures.

Registered in the Ministry of Justice of the Russian Federation on July 4, 2006. Reg. No. 8000.

Order of the Federal Service for Tariff Rates No. 123-s/1 of June 19, 2006 on the Endorsement of Tariff Rates for the Services of the Regional Telephone Connection to the User of the Network of Fixed Telephone Communication between the User (Terminal) Equipment Connected to the Network of Local Telephone Communication and the User (Terminal) Equipment Connected to the Network of Mobile Radio Telephone Communication, When the Appropriate User of This Network of Mobile Radio Telephone Communication is Assigned a User Number Forming Part of Resources of Geographically Undefined Numbering Zone Allocated to the Same Subject of the Russian Federation, Provided by the OAO North-Western Telecom, OAO Pskov GTS, OAO CentreTelecom, OAO MGTS, OAO VolgaTelecom, OAO TatTelecom, OAO BashInformSvyaz, OAO Southern Telecommunication Company, OAO DagSvyazInform, FGUP Department of Telecommunication of the Republic of Ingushetia, OAO UralSvyazInform, OAO SibirTelecom, OAO TyvaSvyazInform, OAO Far-Eastern Company of Telecommunication, OAO SakhaTelecom, OAO ChukotkaSvyazInform <br>


Pursuant to the abandoning from July 1, 2006 of the payment for the users of cellular communication for incoming telephone calls from urban telephones to cellular ones and introduction of payment for the users of fixed telephone communication for the calls from urban telephones to cellular ones, introduces the minimum and maximum amounts of tariff rates for the mentioned calls. The specific amount of the tariff rate is fixed by the communication operator within the limits of the mentioned minimum and maximum amounts and may be differentiated by the time of day, days of the week, days-off and non-working holidays, volume of rendered services and form of payment.

For the majority of the regions, the maximum amount of the tariff rate for the call from the urban telephone to the cellular one, if the user number is registered in the same region, makes Rbl 1.5, the minimum amount - Rbl 0.75. An exception is the regions of the Far North and localities of similar status, where the maximum amount of the tariff rate makes Rbl 1.7, and the minimum - Rbl 0.85, as well as Yakutia (Rbl 2.47 and Rbl 1.24 respectively) and the Chukotka Administrative District (Rbl 2 and Rbl 1 respectively).

Higher amounts of the minimum and maximum tariff rates are fixed for the calls from urban telephones to the cellular ones outside the municipal formation where the calling user equipment is installed. The given amounts of tariff rates are differentiated by tariff zones depending on the distance of connection.

Provided amounts of tariff rates for the population include the value added tax, for organisations, VAT is collected in addition to the specified tariff rates.

The Order is entered into force from July 1, 2006.

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