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Monitoring of the Federal Legislation dated 17.06.2009

Review of the Legislation and Judicial Practices of the Supreme Court of the Russian Federation for Quarter 1 of the Year 2009 (endorsed by Decision of the Presidium of the Supreme Court of the Russian Federation of June 3, 2009)

The review contains a selection of criminal and civil case materials (including those of the Military Panel of the Supreme Court of the Russian Federation), examples of cases heard by the European Court and explanations of the Supreme Court of the Russian Federation concerning labour, pension, social and public-relationships matters mainly showing how courts apply the rules of procedure.
For instance, a reinstatement claim by an employee of a branch addressed to the head organisation may be filed with the court where the labour contract is performed, i.e. where the branch is located.
Concerning the application of the Civil Procedural Code of the Russian Federation it is clarified that if a complaint is not considered due to plaintiff's failure to appear (on a repeated summons) he may be liable for bearing the defendant's costs incurred in connection with the case (as if the claim were waived).
When a disbursement relating to the driver's civil liability insurance scheme is impossible for instance due to the liquidation of the insurer a compensation is paid to the injured party by a union of insurers. According to the explanation, such union is the Russian Union of Motor Vehicle Insurers rather than the All-Russia Union of Insurers.
Examples from the European Court's practices concern the procedures for reviewing courts' judgements in line of supervision and disputing deportation decisions in courts. The European Court's attitude to repayment of debts of state enterprises is described. According to it a court's decision on collection of funds from a state unitary enterprise for the benefit of a citizen cannot be ignored if the enterprise is liquidated. Liability for the debts of a federal state unitary enterprise must be borne by the state. In such case the authorities cannot refer to lack of funds.
Also insurance indemnity in cases of health problems due to chronic occupational diseases and other matters are dealt with.

Letter of the Department of Tax and Customs Tariff Policies of the Ministry of Finance of the Russian Federation No. 03-02-08/46 of June 3, 2009 on the Procedure for Taking Appeal from a Decision of a Tax Body on Holding Someone Accountable for a Tax Offence

An explanation is provided concerning the procedure for taking appeal from tax bodies' decisions.
A decision on holding someone accountable for a tax offence according to the results of inspections or on refusing to hold someone accountable is subject to appeal in court only after it has been appealed in a higher tax body.
A person that has been subjected to a tax inspection is entitled to participate in person and/or through his representative in the consideration of case materials. However, according to the Tax Code of the Russian Federation there is no provision for a taxpayer's participation in the consideration of his complaint by a higher tax body.

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