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Monitoring of the Federal Legislation dated 15.06.2010

Decision of the Plenary Session of the Supreme Court of the Russian Federation No. 13 of June 10, 2010 on Making Amendments and Addenda in Some Decisions of the Plenary Session of the Supreme Court of the Russian Federation

The Decision specifies explanations concerning the application of the Code of Administrative Offences of the Russian Federation, time for consideration by courts criminal and civil cases, as well as cases on administrative offences and on disputing regulatory legal acts (in full or in part).
The aim of making such corrections is to bring the explanations into accord with the amendments made in the legislation.
Specifically, according to the amendments made in the Code of Administrative Offences of the Russian Federation, the time for consideration by courts of cases on bringing to administrative responsibility is extended from 15 days to 2 months. On the basis of this, the explanations concerning such extension have been corrected. Now the time for consideration of a case, subject to the extension thereof, may not exceed 3 months (before it was one month and fifteen days).
The explanations concerning termination of cases on administrative offences in connection with the expiry of limitation periods have been supplemented. If such period has expired, proceedings in respect of a case may not be started and those which have been started must be stopped. In the event of appealing against the decision on termination of a case for the cited reason by the person (in respect of which a record has been drawn up) insisting on innocence thereof, the court is bound to verify such person|s reasons.
The Decision also contains explanations concerning a penalty in the form of administrative suspension of activities of an individual businessman or legal entity. Such punishment may be only imposed by a district court|s judge where it is provided for by articles of the Special Part of the Code of Administrative Offences of the Russian Federation, if a less strict punishment cannot ensure the attainment of the aim of punishment (the decision must contain appropriate reasoning).
The time period of the activities| suspension may not exceed 90 days, including the period while the exercise of activities is temporarily prohibited, if such measure of securing proceedings in respect of a case has been taken.
In a decision on a case a judge is bound to resolve the issue on the activities to be exercised for securing execution of this punishment but he/she must not define any specific measures aimed at their exercise.

Decision of the Plenary Session of the Supreme Court of the Russian Federation No. 12 of June 10, 2010 on the Case-Law as to the Consideration of Criminal Cases on Creating a Criminal Association (Criminal Organisation) or on Participation Therein

New explanations have been prepared as to bringing to criminal responsibility for the creation of a criminal association (criminal organization), for managing it or structural units within it, as well as for participation therein. Their development is caused by adoption of amendments to be made in the Criminal Code of the Russian Federation which, in particular, specify the concept of a criminal association (criminal organisation) proper. The cited association (organization) differs from other kinds of criminal groups due to, among other things, the purpose of committing grave or especially grave crimes, that is, to obtain directly or indirectly financial or other material gains. The concepts of direct and indirect obtainment of the cited gains are disclosed in the Decision. They can be indirect, if crimes do not directly trespass on alien property but can lead to obtainment in the future of monetary assets or rights to such property (or any other material gains) not only by members of an association (organis ation) but also by other persons.
A criminal association (organization) can exercise its criminal activities in the form of a structured organized group or in the form of an alliance of such groups managed by a single governing body.
The Decision enumerates the features of a structured organized group, of a structural unit of a criminal association, as well as of an alliance of organized groups. It is mentioned in the Decision that the readiness of a criminal association (organization) for making crimes can manifest itself , for example, in acquisition and distribution to participants thereof of crime instruments or other means of committing crimes, an agreement on demarcation of areas and spheres of criminal activities.
The Decision analyses the specifics of bringing to responsibility for organizing a criminal association (organisation) or for participation of minors therein, as well as of the persons holding top positions in criminal hierarchy.

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