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Monitoring of the Federal Legislation dated 2.11.2006
Decision of the Government of the Russian Federation No. 637 of October 30, 2006 on the Endorsement of the Regulation on the Licensing of Passenger Transportation by Motor Vehicles Outfitted for Transporting More Than 8 Persons (Except for the Cases When Such Activities Are Carried out for Own Needs of the Legal Entity or Independent Entrepreneur) <br>
Specifies the procedure of licensing of passenger transportation by motor vehicles outfitted for transporting more than 8 persons carried out by legal entities or independent entrepreneurs.
The licensing is vested in the Federal Service of Enforcement in the Sphere of Transport. The license for the mentioned type of activities is granted for 5 years. The license may be prolonged against application of the license holder according to the procedure envisaged for the redrawing of the document confirming the presence of the license.
To get the license, the candidate must have a motor vehicle meeting the requirements for passenger transportation permitted for operation, have an official in charge of the traffic safety certified for the appropriate position, have drivers with necessary qualification, length of work and medical certification, conditions for technical maintenance of motor vehicles and expert workers. The license holder must also have a contract of obligatory insurance of civil liabilities of owners of transport vehicles.
To get the license, the application and the documents mentioned in Item 1 of Article 9 of the Federal Law on the licensing of individual types of activities are presented, as well as the documents confirming the presence of the mentioned conditions with the candidate.
The licensing is vested in the Federal Service of Enforcement in the Sphere of Transport. The license for the mentioned type of activities is granted for 5 years. The license may be prolonged against application of the license holder according to the procedure envisaged for the redrawing of the document confirming the presence of the license.
To get the license, the candidate must have a motor vehicle meeting the requirements for passenger transportation permitted for operation, have an official in charge of the traffic safety certified for the appropriate position, have drivers with necessary qualification, length of work and medical certification, conditions for technical maintenance of motor vehicles and expert workers. The license holder must also have a contract of obligatory insurance of civil liabilities of owners of transport vehicles.
To get the license, the application and the documents mentioned in Item 1 of Article 9 of the Federal Law on the licensing of individual types of activities are presented, as well as the documents confirming the presence of the mentioned conditions with the candidate.
Decision of the Government of the Russian Federation No. 635 of October 30, 2006 on the endorsement of the Regulation on the Federal Agency for Hi-Tech Medical Aid <br>
Defines the authority and the procedure of organisation of activities of the Federal Agency for Hi-Tech Medical Aid.
The Agency has been formed under the Decree of the President of the Russian Federation No. 658 of June 30, 2006 to render state services and manage the state property in the sphere of public health pertaining to development and implementation of up-to-date medical technologies, new methods of diagnostics and organisation of hi-tech medical aid.
The main functions of the Agency are organisation of hi-tech medical aid (including transplantation of human organs and tissues), development, introduction and use of up-to-date medical technologies, new methods of diagnostics and treatment, sending citizens of the Russian Federation for treatment abroad, organisation of post-graduate training of medical workers for the sphere of public health where it pertains to development, implementation of up-to-date medical technologies and hi-tech medical aid. Before the creation of the Agency, the mentioned functions were fulfilled by the Federal Agency for Public Health and Social Development.
The Federal Agency for Hi-Tech Medical Aid is headed by the person assigned to his position and dismissed from it by the Government of the Russian Federation at the presentation of the Minister of Public Health and Social Development of the Russian Federation. The Agency is supervised by the Ministry of Public Health and Social Development of Russia.
The Agency has been formed under the Decree of the President of the Russian Federation No. 658 of June 30, 2006 to render state services and manage the state property in the sphere of public health pertaining to development and implementation of up-to-date medical technologies, new methods of diagnostics and organisation of hi-tech medical aid.
The main functions of the Agency are organisation of hi-tech medical aid (including transplantation of human organs and tissues), development, introduction and use of up-to-date medical technologies, new methods of diagnostics and treatment, sending citizens of the Russian Federation for treatment abroad, organisation of post-graduate training of medical workers for the sphere of public health where it pertains to development, implementation of up-to-date medical technologies and hi-tech medical aid. Before the creation of the Agency, the mentioned functions were fulfilled by the Federal Agency for Public Health and Social Development.
The Federal Agency for Hi-Tech Medical Aid is headed by the person assigned to his position and dismissed from it by the Government of the Russian Federation at the presentation of the Minister of Public Health and Social Development of the Russian Federation. The Agency is supervised by the Ministry of Public Health and Social Development of Russia.
Order of the Federal Service for Financial Markets No. 06-102/pz-n of September 21, 2006 on the Types and Form of the Qualification Certificates <br>
Depending on the specialisation, the Federal Service for Financial Markets specified six types of qualification certificates of specialists of the financial market handed out by accredited organisations as a result of qualification examinations: qualification certificate of the specialist of the financial market for brokerage, dealer activities and activities of management of securities (first type); for organisation of trade at the securities market (stock exchange activities) and clearing activities (second type); for the keeping of the register of holders of securities (third type); for depositary activities (forth types); for the management of investment funds, shared investment funds and non-state pension funds (fifth type); for activities of specialised depositaries of investment funds, shared investment funds and non-state pension funds (sixth type).
The Order endorses the form of the qualification certificate.
Registered in the Ministry of Justice of the Russian Federation on October 31, 2006. reg. No. 8426.
The Order endorses the form of the qualification certificate.
Registered in the Ministry of Justice of the Russian Federation on October 31, 2006. reg. No. 8426.
Order of the Federal Service of Military and Technical Cooperation No. 53 of Septembers 6, 2006 on the Drawing up of Applications and Licenses for the Import (Export) of Products of Military Destination and on the Procedure of Submission of Documents for the Licenses <br>
Endorses the Instruction specifying general requirements to the drawing up of applications for the licenses for the import and export of products of military destination, drawing up of the mentioned licenses, as well as defining the procedure of submission of documents for the licenses.
In the presence in the supplies products of military destination of information comprising the state secret, applications are being drawn up after adoption of appropriate decisions on the transfer of such information. The license is drawn up as a single copy on the special paper protected against forgery according to established form.
To get the license, an application is submitted to the Federal Service of Military and Technical Cooperation, a copy of the contract, copy of the contract with the producer when exporting the products or with the consumer organisation when importing them, the documents confirming coordination with the Ministry of Justice of issues of legal protection of interests of the state in the process of transfer of results of research works of military destination to foreign clients contained in the transferred products with the rights belonging to the Russian Federation, end-user certificate which is a document containing obligations to use the exported products for declared purposes only without permitting a re-export of it or transfer to third parties without the consent of the Russian Federation, as well as a copy of the permission to the foreign organisation to carry out foreign trade activities for the products of military destination and the documents confirming the authority of the foreign organisation to concl ude the contract.
The Order invalidates the Order of the Committee for Military and Technical Cooperation of Russia No. 3 of January 19, 2001 on the entry into force of the procedure of submission of documents for the licenses for the import (export) of products of military destination and No. 41 of July 2, 2001 on the amendments to it.
Registered in the Ministry of Justice of the Russian Federation on October 30, 2006. reg. No. 8420.
In the presence in the supplies products of military destination of information comprising the state secret, applications are being drawn up after adoption of appropriate decisions on the transfer of such information. The license is drawn up as a single copy on the special paper protected against forgery according to established form.
To get the license, an application is submitted to the Federal Service of Military and Technical Cooperation, a copy of the contract, copy of the contract with the producer when exporting the products or with the consumer organisation when importing them, the documents confirming coordination with the Ministry of Justice of issues of legal protection of interests of the state in the process of transfer of results of research works of military destination to foreign clients contained in the transferred products with the rights belonging to the Russian Federation, end-user certificate which is a document containing obligations to use the exported products for declared purposes only without permitting a re-export of it or transfer to third parties without the consent of the Russian Federation, as well as a copy of the permission to the foreign organisation to carry out foreign trade activities for the products of military destination and the documents confirming the authority of the foreign organisation to concl ude the contract.
The Order invalidates the Order of the Committee for Military and Technical Cooperation of Russia No. 3 of January 19, 2001 on the entry into force of the procedure of submission of documents for the licenses for the import (export) of products of military destination and No. 41 of July 2, 2001 on the amendments to it.
Registered in the Ministry of Justice of the Russian Federation on October 30, 2006. reg. No. 8420.
Order of the Ministry of Natural Resources of the Russian Federation No. 228 of October 2, 2006 on the Endorsement of the Procedure of Drawing up of the Results of Checks in the Course of the State Control of the Condition, Use, Guarding, Protection of the Forestry Fund and Reproduction of Forests, As Well As the Form of Orders to Eliminate the Revelled Violations and the Acts of the Carried out Checks <br>
The Federal Service of Enforcement in the Sphere of Use of Natural Resources and its territorial bodies shall control the condition, use, guarding and protection of the forestry fund, as well as reproduction of forests. As a result of the carried out control measures, the acts of the checks of observation of the requirements of the forestry legislation are drawn up.
The procedure of drawing up of the mentioned acts is regulated for the purpose of uniform drawing up of the results of the checks. The act of the check is drawn up in 2 copies and is signed by the official (officials) in charge of control measures. One copy of the act is handed in to the checked person, the other is attached to the file in the Federal Service of Enforcement in the Sphere of Use of Natural Resources (its territorial body). The Order provides the list of information recorded in the act, the list of attachments to the act of check.
If an administrative violation is revealed as a result of the check, the protocol is drawn up and the orders are issued to eliminate the revealed violations.
The Order endorses the forms of the act of check of observation of the requirements of the forestry legislation of the Russian Federation and the orders to eliminate the revealed violations of the requirements of the forestry legislation.
Registered in the Ministry of Justice of the Russian Federation on October 30, 2006. Reg. No. 8418.
The procedure of drawing up of the mentioned acts is regulated for the purpose of uniform drawing up of the results of the checks. The act of the check is drawn up in 2 copies and is signed by the official (officials) in charge of control measures. One copy of the act is handed in to the checked person, the other is attached to the file in the Federal Service of Enforcement in the Sphere of Use of Natural Resources (its territorial body). The Order provides the list of information recorded in the act, the list of attachments to the act of check.
If an administrative violation is revealed as a result of the check, the protocol is drawn up and the orders are issued to eliminate the revealed violations.
The Order endorses the forms of the act of check of observation of the requirements of the forestry legislation of the Russian Federation and the orders to eliminate the revealed violations of the requirements of the forestry legislation.
Registered in the Ministry of Justice of the Russian Federation on October 30, 2006. Reg. No. 8418.
Direction of the Central Bank of Russia No. 1725-U of September 21, 2006 on the Amendments to the Regulation of the Bank of Russia No. 266-P of December 24, 2004 on the Issue of Bank Cards and Operations Committed Using the Pay Cards <br>
The amendments to the procedure of issue of bank cards on the territory of the Russian Federation by credit organisations and carrying out of operations using pay cards permit the credit organisation to provide monetary resources to resident clients for making payments in operations committed using credit cards without using the client bank account. Earlier, providing monetary resources for payments in operations committed using credit cards was permitted only by transfer of the mentioned recourses to the client bank accounts. A documentary confirmation of the granted credit without the use of the client bank account is a register of payments received by the credit organisation, if otherwise is not envisaged in the credit contract. The client in this case may carry out the same operations as when the resources are entered on his bank account.
The Direction specifies the duty of credit organisations to inform the clients holding prepaid cards that are used without concluding the bank account contract of the procedure and terms of carrying out of operations using prepaid cards, in particular, by placing the information in the places of servicing of clients. When using prepaid cards, the client natural persons may carry out all operations carried out using other bank cards (pay (debit), credit cards) within the limits of resources available for payments using prepaid cards. The only limit is that prepaid cards may not be used in operations with the currency other than the one available for payments.
When handing out (accepting) in the points of handing out of cash of the credit organisation to client natural persons using pay cards the cash in the currency of the Russian Federation from accounts (to accounts) in the currency of the Russian Federation opened in the given credit organisation, a register of operations with cash and checks may be drawn up, as well as the document confirming the operation with cash and checks. Earlier, there was not opportunity to draw up the mentioned documents when carrying out the mentioned operations. At the same time, the Direction specifies that in operations of currency exchange, including those with pay cards, the document confirming the mentioned operations is not drawn up.
The rules of issue of bank cards on the territory of the Russian Federation and carrying out operations using pay cards apply not only to the Russian credit organisations but also to the foreign banks.
The Direction is entered into force 10 days after the day of its official publication in the Herald of the Bank of Russia.
Registered in the Ministry of Justice of the Russian Federation on October 30, 2006. Reg. No. 8416.
The Direction specifies the duty of credit organisations to inform the clients holding prepaid cards that are used without concluding the bank account contract of the procedure and terms of carrying out of operations using prepaid cards, in particular, by placing the information in the places of servicing of clients. When using prepaid cards, the client natural persons may carry out all operations carried out using other bank cards (pay (debit), credit cards) within the limits of resources available for payments using prepaid cards. The only limit is that prepaid cards may not be used in operations with the currency other than the one available for payments.
When handing out (accepting) in the points of handing out of cash of the credit organisation to client natural persons using pay cards the cash in the currency of the Russian Federation from accounts (to accounts) in the currency of the Russian Federation opened in the given credit organisation, a register of operations with cash and checks may be drawn up, as well as the document confirming the operation with cash and checks. Earlier, there was not opportunity to draw up the mentioned documents when carrying out the mentioned operations. At the same time, the Direction specifies that in operations of currency exchange, including those with pay cards, the document confirming the mentioned operations is not drawn up.
The rules of issue of bank cards on the territory of the Russian Federation and carrying out operations using pay cards apply not only to the Russian credit organisations but also to the foreign banks.
The Direction is entered into force 10 days after the day of its official publication in the Herald of the Bank of Russia.
Registered in the Ministry of Justice of the Russian Federation on October 30, 2006. Reg. No. 8416.
Order of the Ministry of Finance of the Russian Federation No. 121n of October 3, 2006 on the Maximum Amount of the Single Bank Guarantee and the Maximum Amount of All Simultaneously Available Bank Guarantees Granted by the Same Bank or the Same Organisation for the Purpose of Bank Guarantees Accepted by the Customs Bodies As a Security of Customs Payments <br>
Pursuant to Articles 242 and 243 of the Customs Code of the Russian Federation, the security of customs payments collected by the customs bodies, as well as observation of the requirements of the customs legislation of the Russian Federation, include bank guarantees of the banks, credit organisations or insurance organisations included in the Register of Banks and Other Credit Organisations.
The Order specifies the criteria of analysis of the financial standing of banks and organisations where the maximum amount of the single bank guarantee and the maximum amount of all simultaneously available bank guarantees is determined for the purpose of bank guarantees accepted by the customs bodies. Such criteria include the amount of own resources of the bank and the normative of sufficiency of own resources (capital) of the bank (N1).
Normative N1 for the banks with own resources amounting to greater than Rbl 4 billion is envisaged in the amount not greater than 11%. Meanwhile, the minimum permissible numerical valued of N1 normative specified by the Central Bank of Russia for the banks with the amount of own resources from EUR 5 million and greater makes 10%.
The maximum amount of all simultaneously available bank guarantees of the same bank with own resources greater than Rbl 20 billion makes Rbl 3,500 million, and the maximum amount of the single bank guarantee - Rbl 700 million. For the banks with the capital greater than Rbl 10 billion, the given amounts make respectively Rbl 1,700 million and Rbl 345 million, and for the banks with the capital greater than Rbl 4 billion - Rbl 700 million and Rbl 140 million.
For other banks, as well as all other credit organisations and insurance organisations, there is a limit of Rbl 170 million (maximum amount of all simultaneously available guarantees) and Rbl 35 million (maximum amount of the single guarantee).
As to the non-bank credit organisations and insurance organisations, special requirements to the amount of own resources (capital) are not defined.
Registered in the Ministry of Justice of the Russian Federation on October 30, 2006. Reg. No. 8415.
The Order specifies the criteria of analysis of the financial standing of banks and organisations where the maximum amount of the single bank guarantee and the maximum amount of all simultaneously available bank guarantees is determined for the purpose of bank guarantees accepted by the customs bodies. Such criteria include the amount of own resources of the bank and the normative of sufficiency of own resources (capital) of the bank (N1).
Normative N1 for the banks with own resources amounting to greater than Rbl 4 billion is envisaged in the amount not greater than 11%. Meanwhile, the minimum permissible numerical valued of N1 normative specified by the Central Bank of Russia for the banks with the amount of own resources from EUR 5 million and greater makes 10%.
The maximum amount of all simultaneously available bank guarantees of the same bank with own resources greater than Rbl 20 billion makes Rbl 3,500 million, and the maximum amount of the single bank guarantee - Rbl 700 million. For the banks with the capital greater than Rbl 10 billion, the given amounts make respectively Rbl 1,700 million and Rbl 345 million, and for the banks with the capital greater than Rbl 4 billion - Rbl 700 million and Rbl 140 million.
For other banks, as well as all other credit organisations and insurance organisations, there is a limit of Rbl 170 million (maximum amount of all simultaneously available guarantees) and Rbl 35 million (maximum amount of the single guarantee).
As to the non-bank credit organisations and insurance organisations, special requirements to the amount of own resources (capital) are not defined.
Registered in the Ministry of Justice of the Russian Federation on October 30, 2006. Reg. No. 8415.
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