Monitoring of the Federal Legislation dated 8.12.2006

Ruling of the Constitutional Court of the Russian Federation No. 375-O of July 12, 2006 on the Request of the Constitutional Court of the Republic of Karelia on the Case of Constitutionality of Provisions of Item 50 of Article 35 and Part 2 of Article 153 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 Organisation of Local Government in the Russian Federation

The Constitutional Court of the Russian Federation recognised as not appropriate for processing the request of the Constitutional Court of the subject of the Russian Federation to recognise as contradicting the Constitution of the Russian Federation individual provisions of the Federal Law No. 122-FZ of August 22, 2004 (having entered into force from January 1, 2005). According to the applicant, the given provisions abandon in full amount the benefits earlier available with the specialists of state public health institutions working and living in rural areas and residential settlements and, simultaneously, oblige the bodies of state power of the subjects of the Russian Federation to observe while issuing normative legal acts the same level (volume) of social guarantees available with these citizens as of December 31, 2004 proceeding from the norms of the federal legislation.

The Constitutional Court of the Russian Federation explained that proceeding from the provisions of the legislation, the Russian Federation, either before January 1, 2005 or after the mentioned date, did not and does not evade from obligation to finance the measures of social support of medical workers living and working in rural localities in public health organisations supervised by the subjects of the Russian Federation, with the subjects of the Russian Federation permitted to select this or that method of social protection of these citizens. Therefore, the provisions of the Federal Law No. 122-FZ of August 22, 2004 may not be regarded as lifting from the Russian Federation the duty to observe the proper level of social protection of citizens and shifting to the subjects of the Russian Federation - without taking account of their capabilities - the responsibility to preserve the level of earlier available social guarantees.

The affiliation of the public health organisation located in the rural locality determines at present the level of legal regulation of the measures of social support of medical workers working in it and living in this locality, which is not in contradiction of the constitutional provisions.

The subjects of the Russian Federation and municipal formations must introduce efficient mechanisms providing for preservation and possible raising of the earlier available level of social protection of citizens, as well as to provide opportunities for the citizens to adapt within a reasonable transient period to the changes introduced in the legislation, in particular, through temporary regulation of public relations. The change of the mechanism of providing of social guarantees may not revoke these guarantees or significantly reduce the earlier available level.

Federal Law No. 207-FZ of December 5, 2006 on the Amendments to Individual Legislative Acts of the Russian Federation Pertaining to State Support of Citizens with Children

To implement the provisions of the Message of the President of the Russian Federation to the Federal Assembly of the Russian Federation of 2006, amends certain provisions of legislative acts of the Russian Federation pertaining to state support of citizens with children.

Thus, the Federal Law on the state allowances for the citizens with children is amended where it pertains to the amount of the monthly child-care allowance paid out until the child is one and half years old. The mentioned amounts are increased from Rbl 700 to Rbl 1,500 in the case of the first child and to Rbl 3,000 in the case of the second and subsequent children.

Resources of the Social Insurance Fund will be used to pay out the mentioned allowances to persons that do not fall under the obligatory social insurance.

The allowance to the persons falling under the obligatory social insurance may be calculated in the amount of 40% of the average earnings. The maximum and minimum amounts of the allowance are specified. The maximum amount for the full calendar month may not be greater than Rbl 6,000. Regional coefficients to the earnings will be used in the calculation of the amounts of the allowance.

The mentioned allowance assigned as of December 31, 2006 will be recalculated from January 1, 2007.

A new type of allowance is introduced - a lumpsum allowance when a child is handed over for bringing up to a family - to one of the adoptive parents, trustees. The amount of this allowance will make Rbl 8,000 - as much as in the case of the child birth.

The Law also permits the subjects of the Russian Federation to increase the amount of the state allowances at the expense of resources of their own budgets.

The amendments introduced in the Law of the Russian Federation on education pertain to the procedure of compensation of the part of the parents' pay for the state and municipal pre-school educational institutions. The maximum amount of such payment is specified.

Amendments are introduced in the provisions of the Law of the Russian Federation on the social protection of citizens having been exposed to radiation because of the disaster at the Chernobyl Nuclear Power Station pertaining to the procedure of paying out of the monthly child-care allowance to citizens living (working) permanently on the territory of the zone permitting a resettlement.

The Federal Law is entered into force from January 1, 2007.

Federal Law No. 219-FZ of December 5, 2006 on the Amendments to Article 1 of the Federal Law on the Total Number of Justices of the Peace and the Number of Court Districts in the Subjects of the Russian Federation

Increases the number of justices of the peace and the number of court districts specified for the Republic of Komi from 52 to 60. This will permit to reduce the load on the justices of the peace when processing the cases qualified as their sphere of reference according to the federal legislation.

The Federal Law is entered into force from January 1, 2007.

Federal Law No. 220-FZ of December 5, 2006 on the Amendments to Article 1 of the Federal Law on the Total Number of Justices of the Peace and the Number of Court Districts in the Subjects of the Russian Federation

Increases the number of justices of the peace and the number of court districts specified for the Perm Territory.

Federal Law No. 221-FZ of December 5, 2006 on the Amendment to Article 1 of the Federal Law on the Total Number of Justices of the Peace and the Number of Court Districts in the Subjects of the Russian Federation

Increases the number of justices of the peace and the number of court districts specified for the Sverdlovsk Province from 207 to 219. This will permit to reduce the load on the justices of the peace when processing the cases qualified as their sphere of reference according to the federal legislation.

The Federal Law is entered into force from January 1, 2007.

Federal Law No. 222-FZ of December 5, 2006 on the Amendment to Article 1 of the Federal Law on the Total Number of Justices of the Peace and the Number of Court Districts in the Subjects of the Russian Federation

Increases the number of justices of the peace and the number of court districts specified for the Karachayevo-Cherkess Republic from 19 to 25. This will permit to reduce the load on the justices of the peace when processing the cases qualified as their sphere of reference according to the federal legislation.

The Federal Law is entered into force from January 1, 2007.

Decision of the Government of the Russian Federation No. 743 of December 5, 2006 on the Amendment to Item 2 of the Decision of the Government of the Russian Federation No. 171 of March 31, 2005

The Decision of the Government of the Russian Federation No. 171 of March 31, 2005 endorsed the Regulation on the monetary payments in cash and/or using pay cards without the use of cash registers. The earlier endorsed strict-reporting forms were permitted until January 1, 2007. The amendments prolong them to September 1, 2007.