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Daily Monitoring of the Legislation

Monitoring of the Federal Legislation dated 10.11.2006

Decision of the Government of the Russian Federation No. 657 of November 8, 2006 on the Invalidation of the Decision of the Government of the Russian Federation No. 623 of October 17, 2005

From January 1, 2007, invalidates the Decision of the Government of the Russian Federation No. 623 of October 17, 2005 having endorsed the rules of preliminary registration of the account (deposit) opened in the bank outside the territory of the Russian Federation.

This is because the provisions of Article 18 of the Federal Law No. 173-FZ of December 10, 2003 on the currency regulation and currency control envisaging obligatory preliminary registration of such account are entered into force from January 1, 2007 in the framework of liberalisation of the currency legislation.

Decision of the Government of the Russian Federation No. 654 of November 4, 2006 on the Activities of the Bodies and Organisations of Foreign States in Adoption of Children on the Territory of the Russian Federation and Control of It

Specifies the procedure of issue of permissions for the opening of representations of foreign state organisations and permissions for activities of representations of foreign non-commercial organisations in adoption of children on the territory of the Russian Federation, as well as defines the terms of their activities and control procedures.

Adoption activities of a foreign state organisation may be carried out on the basis of the permission to open a representation issued by the Ministry of Education and Science. The foreign non-commercial organisation must also inform the Federal Registration Service of Russia of the creation of the representation. The permission is issued to the representation of the foreign non-commercial engaged in adoption activities on the territory of its own state for at least 5 years.

To get the permission, the foreign state organisation submits application with copies of constituent documents, information on employees, copy of the license, list of services, obligation to observe the requirements of the legislation of the Russian Federation and control the living conditions and upbringing of adopted children.

The representation of the foreign non-commercial organisation submits in addition the letter of recommendations of the body having issued the license, information on the head of the representation, excerpt from the Register of Branches and Representations of International Organisations and Foreign Non-Commercial Organisations.

Decision to issue the permission is taken by the Ministry of Education and Science within 3 months in the presence of the statements of the Ministry of Foreign Affairs, Ministry of Internal Affairs, Ministry of Justice of Russia, Federal Service of Enforcement in the Sphere of Public Health and Social Development of Russia.

The Decision specifies the grounds of refusal to issue the permission that include submission of incorrect information, negative statements of the federal bodies, unfavourable situation, military actions in the state of location of the foreign organisation hampering the measures of protection of citizens of the Russian Federation on the part of the Russian Federation.

The Ministry of Education and Science may suspend the permissions, in particular, in cases of a single violation by the foreign organisation or its representation of the legislation of the Russian Federation or its obligations to control the living conditions and upbringing of adopted children, as well as in the presence of information of major violation of the legislation received from competent bodies of the foreign state, as well as the bodies of local government.

Inspection of the living conditions and upbringing of the child during the first three years after adoption is carried out four times. Further on until coming of age, the investigation is carried out at the decision of the body of executive power of the subject of the Russian Federation depending on the particular situation in the adoptive family.

Foreign non-commercial non-governmental organisations carrying out adoption activities on the territory of the Russian Federation, accredited and having submitted notifications of the opening of representations according to established procedure may carry out their activities without the mentioned permission before expiry of the accreditation.

Decision of the Government of the Russian Federation No. 648 of November 4, 2006 on the Endorsement of the Regulations on the Licensing of Activities in the Sphere of Circulation of Narcotic Drugs and Psychotropic Substances

Defines the procedure of licensing of activities pertaining to circulation of narcotic drugs and psychotropic substances included in Lists II and III in compliance with the Federal Law on narcotic drugs and psychotropic substances carried out by legal entities. The licensing is vested in the Federal Service of Enforcement in the Sphere of Public Health and Social Development. The license is granted for 5 years.

The Decision lists the types of activities subject to licensing, defines the licensing terms and requirements. Provides the list of documents to be submitted to the Federal Service of Enforcement in the Sphere of Public Health and Social Development to get the license.

Information pertaining to activities in the sphere of circulation of narcotic drugs and psychotropic substances is placed in the official electronic and printed mass media of the licensing body, as well as on information stands in the rooms of the licensing body.

Decision of the Government of the Russian Federation No. 644 of November 4, 2006 on the Procedure of Submission of Information on Activities in the Sphere of Circulation of Narcotic Drugs and Psychotropic Substances and Registration of Operations in the Sphere of Circulation of Narcotic Drugs, Psychotropic Substances and Their Precursors

Endorses the rules specifying in pursuance of Article 37 of the Federal Law on narcotic drugs and psychotropic substances the procedure and time limits of submission of reports of activities in the sphere of narcotic drugs and psychotropic substances included in the list of narcotic drugs, psychotropic substances and their precursors subject to control in the Russian Federation endorsed by the Decision of the Government of the Russian Federation No. 681 of June 30, 1998 and information on their reserves as of December 31 of the reported year; reports of activities in the sphere of circulation of substances under international control in compliance with the Convention on psychotropic substances of 1971 not included in the mentioned list and information on their reserves as of December 31 of the reported year; as well as information on the yearly demand in the Russian Federation for narcotic substances, psychotropic substances and those under international control not included in the List.

The Decision specifies the forms of reports and indicates information on the authorised federal bodies of executive power (their territorial bodies) where to submit the reports drawn up to the given forms.

The Decision also endorses the rules specifying the procedure of keeping and storage of the special ledgers of operations in the sphere of circulation of narcotic drugs, psychotropic substances and their precursors included in the list of narcotic drugs, psychotropic substances and their precursors subject to control in the Russian Federation. The given rules do not apply to the keeping and storage of special ledgers in cases when the use of narcotic drugs and psychotropic substances is permitted without the license (in expert and operative investigation work).

Registration of operations is arranged for each name of the narcotic drug, psychotropic substance and their precursors on a separate sheet of the ledger or in a separate ledger. Any operations changing the quantity and condition of narcotic drugs, psychotropic substances and their precursors must be entered in the ledger.

The duty to keep the mentioned ledgers rests with the legal entities carrying out respective types of activities, as well as their divisions.

The Decision provides the form of the ledger of operations in the sphere of circulation of narcotic drugs and psychotropic substances and the ledger of operations pertaining to circulation of precursors of narcotic drugs and psychotropic substances.

Invalidates the Decision of the Government of the Russian Federation No. 577 of July 28, 2000 having regulated the procedure of submission of the mentioned information.

Decision of the Government of the Russian Federation No. 642 of November 4, 2006 on the List of Commodities, Works, Services for the State and Municipal Needs Where the Orders Are Placed with Small Businesses and on Their Limiting (Lot) Prices

According to the actual legislation, the state ordering parties, when they place orders for supplies of commodities, carrying out works, rendering serves for the state needs (except for the needs of the country's defence and security), must place them in small businesses in the amount of at least 15% of the total volume of supplies of commodities, carrying out works, rendering services.

The Government of the Russian Federation has defined the list of commodities, works, services for the state and municipal needs where the orders are placed with small businesses. The list includes products of plant growing, animal breeding, fish farming and forestry, textiles, foodstuffs and cosmetics, household chemistry, computers, furniture, transportation, hotel, tourist, advertising services, service of house cleaning, hiring personnel and other.

The placing of orders with small businesses without restriction of volumes of supplies for the mentioned list of commodities (works, services) is also permitted to municipal ordering parties and the state ordering parties when supplying commodities, carrying out works, rendering services for the needs of the country's defence and security.

The placing of orders with small businesses is arranged through tenders. The Decision defines the limiting lot prices for commodities, works, services where the orders are placed with small businesses. Thus, for commodities and works, the limiting price makes Rbl 3 million, for services - Rbl 2 million.

Decision of the Government of the Russian Federation No. 641 of November 4, 2006 on the Endorsement of the Regulation on the Register of Organisations Entitled to Carry out Foreign Trade Activities for Products of Military Destination

Endorses a new Regulation on the register of organisations having obtained the right for foreign trade activities pertaining to products of military destination.

According to the new Regulation, the keeping of the register is vested in the Federal Service of Military and Technical Cooperation having been reorganised from the Committee of the Russian Federation for Military and Technical Cooperation with Foreign States.

The Decision extends the list of organisations included in the register. Apart from the Russian organisations having obtained in pursuance of the act of the President of the Russian Federation the right for foreign trade activities for products of military destination or in pursuance of the act of the Federal Service for Military and Technical Cooperation adopted with the authority of the President of the Russian Federation the right for foreign trade activities for products of military destination pertaining to supplies of spare parts, units, instruments, component parts, special, teaching and auxiliary property, works of technical maintenance and repair of these products of military destination, the register includes also Russian organisations having obtained the right to carry out works of certification, benchmark works, extending service life, unitisation and other works providing for complex servicing of the earlier supplied products of military destination, training of foreign specialists to carry out s uch works.

The Decision endorses the new forms of the register, changes in the register, as well as the certificate for the right of foreign trade activities pertaining to products of military destination.

The previous Regulation on the register of organisations of the Russian Federation entitled to carry out foreign trade activities pertaining to products of military destination endorsed by the Decision of the Government of the Russian Federation No. 244 of February 21, 1998 is invalidated.

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