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Daily Monitoring of the Legislation

Monitoring of the Federal Legislation dated 15.06.2009

Order of the Ministry of Regional Development of the Russian Federation No. 210 of June 10, 2009 on the Standard Value of One Square Metre of Dwelling Premises Total Area for the Second Half of the Year 2009 and the Average Market Value of One Square Metre of Dwelling Premises Total Area for the Subjects of the Russian Federation for Quarters 2 and 3 of the Year 2009

Due to a price fall on the housing market a new average market value of 1 sq. m of dwelling premises total area is established for the subjects of the Russian Federation for Quarters 2 and 3 of 2009. It is equal to that of Quarter 1 of 2009. For instance, the market value of 1 sq. m is as follows: 73,800 roubles in Moscow, 44,300 roubles in St.Petersburg, 35,900 roubles in Tver Region, 31,800 roubles in Maritime Territory. The average per square metre value of dwelling premises is used to calculate the social allowances payable to those who relocate from Extreme North areas and the areas qualifying as such so that they buy housing for them. The rate of disbursement towards acquisition of living quarters for other categories of citizens (like servicemen, forced migrants or the citizens exposed to radiation) is calculated on the basis of the standard value of 1 sq. m of dwelling premises total area for Russia. This rate keeps unchanged at 26,500 roubles.
      The Order takes effect when officially published. Registered by the Ministry of Justice of the Russian Federation. Registration No. 14066 of June 10, 2009.

Decision of the Plenary Session of the Higher Arbitration Court of the Russian Federation No. 36 of May 28, 2009 on the Application of the Arbitration Procedural Code of the Russian Federation in the Hearing of Cases by an Appellate Arbitration Court

Clarification is provided on some issues concerning appellate court proceedings. For instance, courts' attention is drawn to certain details when an appeal is filed by a person that has not been party to the case. Sequence of courts' actions is defined for cases when an appeal is accepted for hearing by mistake as no appeal is applicable. Attention is paid to the observance of preclusive term in certain categories of cases. Some aspects of appeals from trial courts' rulings are touched upon (for instance, if a ruling is subject to appeal separately from the court's conclusive judgement or not). It is stated that an appeal may be filed in respect of either one court's judgement or several court's judgements turned out in one case, with each of them being subject to separate appeal. According to the Plenary Session this appellate procedure is consistent with the Arbitration Procedural Code. Still, one appeal cannot be filed in respect of court's judgements issued when various cases were heard. Some controversial matters are raised concerning the computation and reinstatement of the term for appeal. As a rule the following is not deemed good reason for appeal laches: the need for seeking approval from a higher body or another person to file an appeal; the applicant's representative being on a business trip or vacation; personnel reshuffle or the lack of a lawyer on the organisation's staff; the change of CEO or his being on a business trip or vacation etc. Also explanations are provided concerning performance under a court's demand for elimination of the circumstances deemed ground for the dismissal of an appeal. So, applicant's sending missing documents by post short of the deadline set by the court is not necessarily deemed as discharge of said court's demand. The explanations on similar matters that have been prepared earlier are no longer valid.

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