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Monitoring of the Federal Legislation dated 14.11.2006

Decision of the Government of the Russian Federation No. 661 of November 11, 2006 on the Transfer of Days-Off in 2007

In 2007, the day-off instead of Saturday, April 28 is shifted to Monday, April 30, instead of Saturday, June 9 - to Monday, June 11 and instead of Saturday, December 29 - to Monday, December 31.

As a result, the length of the working week in the mentioned cases is extended to 6 days.

Decision of the Government of the Russian Federation No. 665 of November 11, 2006 on the Endorsement of the Quota for the Year 2007 of Invitations to Foreign Citizens to Enter the Russian Federation for Employment

The quota of invitations to foreign citizens for the entry to the Russian Federation for employment in 2007 will make 308,842. In 2006, the mentioned quota amounted to 329, 300.

The quota for the issue of invitations to foreign citizens for entry in the Russian Federation for employment is endorsed on the annual basis by the Government of the Russian Federation against proposals of the executive bodies of state power of the subjects of the Russian Federation taking into account the demographic situation in the appropriate subject of the Russian Federation and opportunities of the given subject to accept foreign citizens. The quota does not apply to foreign citizens from the CIS member-states (except for Georgia and Turkmenistan) that enjoy visa-free entry procedure on the basis of international treaties with the Russian Federation.

Order of the Federal Security Service of the Russian Federation No. 452 of September 28, 2006 on the Endorsement of the Rules of the Borderline Regime

The rules of the borderline regime has been worked out for the purpose of implementation of Article 16 of the Law of the Russian Federation on the state border of the Russian Federation and specify the particular content, spatial and time limits of application of the rules of the borderline regime and the circle of persons affected by them.

The rules define the categories of persons entering (passing through) the borderline zone with personal identification documents, as well as using personal or collective passes issued by the borderguard departments of the Federal Security Service of Russia in the subjects of the Russian Federation in the presence of the personal identification documents. The Order also defines the list of documents (apart from the listed above) when entering (passing through) the borderline zone.

The Order describes the list of the grounds permitting to refuse the passes to the citizens or organisations having submitted the application or request, or to shift the entry to the borderline zone to a later period of time.

The places of entry (trespassing) are specified on the communication routes where the persons and transport vehicles are transferred to the borderline zone and are marked with warning signs.

The Order defines the procedure of travel of people and transport vehicles on the territory of the borderline zone. Thus, in cases of transit shipment through the borderline zone, there is a prohibition to stop (except for the emergency stop), embark (disembark) people, unload cargo, commodities, animals and embark them on the transport vehicle.

The stay of citizens in the borderline zone is permitted for up to 6 months and may be prolonged for up to 6 months in cases of serious diseases of citizens (relatives), as well as in other cases not permitting to leave the borderline zone in proper time.

The Order also regulates the procedure of economic and other activities, carrying out public, cultural and other measures in the borderline zone; rules of registration and maintenance of Russian small vessels and non-self-propelled (surface and underwater) vessels and means of travel over the ice, their navigation and moving over the ice; rules of fishing, research and other activities in the Russian part of the waters of the borderline rivers, lakes and other water bodies, in the internal sea waters and in the territorial sea of the Russian Federation.

The Order provides mail addresses and telephone numbers of the bodies of management of the borderguard departments of the Federal Security Service of Russia in the subjects of the Russian Federation.

Registered in the Ministry of Justice of the Russian Federation on November 10, 2006. Reg. No. 8463.

Order of the Ministry of Regional Development of the Russian Federation No. 120 of October 19, 2006 on the Endorsement of the Instruction on the Procedure of Filling of the Form of the Permission for Construction

According to Article 51 of the City-Planning Code of the Russian Federation, the document confirming compliance of the design documentation with the requirements of the development plan of the land plot permitting the construction party to carry out construction, reconstruction of objects of capital construction, as well as their capital repair, is the permission for construction.

The endorsed Instruction regulates the procedure of filling of the permission for construction, the form being endorsed by the Decision of the Government of the Russian Federation No. 698 of November 24, 2005.

It is envisaged that design characteristics of the object of capital construction must include the following information: total area of the object of capital construction; area of the land plot; number of storeys and/or the height of the building, structure; construction volume including the underground part; number of locations, capacity, power rating, production efficiency; number of stages of the object of capital construction. In construction, reconstruction, capital repair of objects of capital construction financed from appropriate budgets, it is necessary to indicate also the estimate cost of the object of capital construction and the specific cost per 1 square meter of the area.

Registered in the Ministry of Justice of the Russian Federation on November 8, 2006. Reg. No. 8451.

Order of the Federal Customs Service No. 937 of September 28, 2006 on the Customs Bodies Authorised to Accept Customs Declarations

Specifies the particulars of acceptance of the customs declarations by individual customs bodies, including the ones depending on the sphere of activities of the customs body, customs regime, goals of moving of commodities and the categories of persons moving the commodities and submitting the declaration.

Defines the list of the customs bodies that may not accept customs decorations, as well as the list of the customs bodies authorised to accept customs declarations for only commodities moved by natural persons and other strictly defined commodities.

Customs declarations for commodities declared for placing under the customs regime of free customs zone (free warehouse), as well as commodities exported form the territory of the special economic zone (free warehouses) and/or declared for placing under other customs regimes are accepted by only the customs bodies on the territory of the special economic zone or the customs bodies covering the region where the special economic zone (free warehouse) is located.

Other customs bodies have the common authority to accept customs declarations.

The Order does not apply to commodities undergoing customs registration using ATA carnets.

The given Order invalidates the Order of the Federal Customs Service of Russia No. 360 of April 19, 2006 having defined earlier the authority of the customs bodies pertaining to acceptance of customs declarations.

Registered in the Ministry of Justice of the Russian Federation on November 8, 2006. Reg. No. 8449.

Order of the Federal Customs Service No. 948 of September 28, 2006 on the Authority of the Customs Bodies to Carry out Customs Operations for Excisable and Other Commodities of Certain Type

The customs posts of the Central Excise-Duty Customs Office and the North-Western Excise-Duty Customs Office (except for the Specialised Customs Post of the Central Excise-Duty Customs Office and the Central Excise-Duty (Specialised) Customs Post of the North-Western Excise-Duty Customs Office) are specialised customs bodies whose sphere of reference is restricted exclusively to customs operations for excisable commodities, as well as commodities used in production and sale of excisable commodities or imported in the same commodity consignment with excisable commodities.

The Order defines the list of the customs bodies providing excise-duty stamps to importers. Specifies the customs bodies that have the authority to carry out customs operations for excisable commodities imported to the customs territory of the Russian Federation and subject to licensing and/or that must be labelled with excise-duty stamps, as well as the wine materials, cognac alcohols and beer (including the alcohol-free one). Also defines the list of the customs bodies entitled to carry out customs operations for commodities imported to the customs territory of the Russian Federation that must get certificates of transport vehicles according to established procedure.

Specifies the customs bodies entitled to carry out customs operations for expensive cars imported to the customs territory of the Russian Federation and classified in Heading 8703 of the Foreign Trade Commodity Nomenclature of Russia not older than 3 years from production (ASTON-MARTIN, BENTLEY, BUGATTI, FERRARI, HUMMER and some other).

Defines the customs bodies than may not carry out customs operations for lubricants (Heading 3403 and Subheadings 2710 19 710 0-2710 99 000 0 of the Foreign Trade Commodity Nomenclature of Russia) except for the materials necessary for normal operation and technical maintenance of the air, sea (river) vessels, materials other than those being the main object of the foreign trade transaction and included in the set of spare parts or in the equipment and moved for the purpose of putting in operation, repair or maintenance works and non-excisable commodities declared through the electronic system of declaring.

The specified distribution of authority does not apply to the placing of commodities under the customs regimes of free trade, moving of reserves, international customs transit, destruction, moving of commodities intended for prevention and elimination of natural disasters and other emergency situations, for commodities moved by natural persons for personal, family, household and other needs other than entrepreneurial activities, exhibition prototypes and prototypes for certification testing, as well as commodities moved in international mail dispatches.

The Order of the Federal Customs Service of Russia No. 1005 of October 28, 2005 having specified the authority of the customs bodies to carry out customs operations for excisable and other commodities of certain type is invalidated.

The Order is entered into force from January 1, 2007.

Registered in the Ministry of Justice of the Russian Federation on November 8, 2006. Reg. No. 8455.

Order of the Federal Customs Service No. 1006 of October 16, 2006 on the Rates to Calculate the Amount of Security for Importer Obligations

Specifies the new rates for calculation of the amount of security for importer obligations pertaining to tobacco and tobacco items. The new rates in contrast to the previous ones are fixed in roubles rather than euros. The rates for cigars are fixed on the piece basis rather than per 1,000 pieces as was specified earlier.

According to the actual customs legislation of the Russian Federation, excise duty stamps are handed out by the customs body on condition that the importer secures obligations to import the labelled commodities to the Russian Federation for sale on the territory of the Russian Federation, place the imported labelled commodities in authorised places of delivery and storage, return the damaged and/or unused excise duty stamps to the customs body having issued them and present a report of the use of excise duty stamps. The amount of security is defined by the customs bodies of the Russian Federation proceeding from the amount of customs payments paid out for the excisable commodities released for free circulation.

The Order of the State Customs Committee of Russia No. 402 of April 27, 2001 having specified the rates for calculation of the amounts of security for importer obligations pertaining to tobacco items, wines, liqueurs and alcoholic drinks is invalidated.

Registered in the Ministry of Justice of the Russian Federation on November 8, 2006. Reg. No. 8447.

Order of the Federal Service for Financial Markets No. 06-74/pz-n of July 11, 2006 on the Endorsement of the Regulation on the Procedure of Keeping of the Register of Holders of Registered Securities and Carrying out of Depositary Activities in Cases of Purchase of More Than 30% of Stocks of the Open-Type Joint-Stock Company

According to the actual legislation, the joint-stock company from the moment of its state registration must keep a register of stockholders. Activities of the keeping of the register, apart from the keeping of the personal accounts of the registered persons and registration of securities on the emission and personal accounts of the issuer, shall include also operations of registration of the transfer of the proprietary right for the securities, including the cases of purchase of more than 30% of stocks of the joint-stock company.

The endorsed Regulation specifies the procedure of keeping of the register of holders of registered securities in cases of purchase of more than 30% of stocks of the open-type joint-stock company and requirements to the activities of professional participants of the securities market keeping the register of holders of securities (recorders), as well as carrying out depositary activities in the mentioned case.

In cases of purchase of more than 30% of stocks of the open-type joint-stock company, the keeper of the register must prepare the list of holders of securities pertaining to the voluntary (obligatory) proposal received by the issuer, notification of the right to demand redemption of securities or the demand to buy out securities, enter in the register a record of blocking of all operations on the personal account until the moment of payment for the redeemed securities, as well as a record of the transfer of the proprietary right for securities.

The Regulation specifies the time limits and procedure for the register keeper to fulfil the mentioned actions. Defines the procedure of entry of records in the custody accounts in cases of purchase of more than 30% of stocks of the open-type joint-stock company.

The specified requirements shall apply also to the issuers of securities keeping their register independently.

Registered in the Ministry of Justice of the Russian Federation on November 13, 2006. Reg. No. 8467.

Order of the Federal Service of Ecological, Technological and Nuclear Enforcement No. 675 of July 10, 2006 on the Endorsement of the Instruction on the Organisation of Issue of Permissions for Disposal of Pollutants into the Environment (Water Objects)

Endorses the Instruction specifying the procedure and terms of issue (refusal to issue), suspension and renewal of permissions for disposal of pollutants in waste and/or drainage waters into the water objects to legal entities (their territorial separate divisions) and independent entrepreneurs disposing pollutants into the water objects.

Permissions for disposal are issued by the territorial bodies of the Federal Service of Ecological, Technological and Nuclear Enforcement at the place of location of the outlets of waste and/or drainage water into the appropriate water objects.

Permissions for disposal specify the quantity of pollutants permitted for disposal into the water objects separately for each outlet of waster and/or drainage waters: within the endorsed normatives or within the endorsed limits.

To take the decision to issue the permission, the territorial bodies of the Federal Service of Ecological, Technological and Nuclear Enforcement examine also the plans of reduction of pollutants presented by the applicants, coordinated by appropriate bodies of executive power and providing for a stepwise achieving of the normative values.

The Order specifies the list of documents submitted to get the permission and the procedure of their processing. Defines the reasons of suspension of the permission and its renewal.

The list and quantity of pollutants disposed in the water objects as waste and drainage waters are indicated in the permissions for disposal separately for each outlet.

In the presence of endorsed normatives, the permission for disposal is issued for the period of validity of the mentioned normatives. In the presence of specified limits for disposal, the period of the permission for disposal makes one year from the date of issue of the permission.

The Order provides the form of the permission.

Registered in the Ministry of Justice of the Russian Federation on November 10, 2006. Reg. No. 8461.

Order of the Ministry of Public Health and Social Development of the Russian Federation No. 703 of October 13, 2006 on the Amendment to the Order of the Ministry of Public Health and Social Development of the Russian Federation No. 785 of December 14, 2005

Coaxil (tianeptine) and Zaldiar (tramadol hydrochloride 37.5 mg + paracetamol 325 mg) are included in the list of medicines subject to registration in the apothecary institutions (organisations), organisation of wholesale trade of medicines, treatment and preventive institution and with private practicing physicians. The mentioned list is endorsed by the Order of the Ministry of Public Health and Social Development of the Russian Federation No. 785 of December 14, 2005.

Registered in the Ministry of Justice of the Russian Federation on November 7, 2006. Reg. No. 8445.

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