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Monitoring of the Federal Legislation dated 21.06.2010

Federal Law No. 122-FZ of June 21, 2010 on Amending Article 7 of the Law of the Russian Federation on Retirement Insurance of Persons Who Did Military Service, Service in the Internal Affairs Bodies, the State Fire-Fighting Service, Bodies of Control over Traffic of Narcotic Agents and Psychotropic Substances, Penal Institutions and Agencies, as Well as of Their Families, and Article 3 of Federal Law on Retirement Insurance in the Russian Federation

The law makes some amendments in the pension legislation. Earlier the parents of draftees who had perished (died) while doing military service or who had died as a result of a military trauma after their retirement might only receive the survivor|s pension concurrently with one of two kinds of pensions. They are the labour old-age (disability) pension and the social pension (except for that which is paid in case of loss of breadwinner). A similar rule was in effect in respect of widows of draftees, perished while doing military service as a result of a military trauma, who did not remarry. According to the amendments made, the cited persons are entitled to receive the survivor|s pension concurrently with the long-service (disability) pension. It is also established that unmarried widows of military servicemen doing military service on a contractual basis who has died as a result of a trauma, contusion, injury or illness while discharging their official duties are entitled to receive the survivor|s pension and any other one.

Decision of the Government of the Russian Federation No. 444 of June 16, 2010 on Amending Decision of the Government of the Russian Federation No. 864 of December 31, 2005

The decision makes corrections in the form of a reference note to be attached to the consignment note in respect of ethyl alcohol, alcoholic and alcohol-containing products and specifies a procedure for completing it. Now the form additionally shows the number and date of recording information in the automated system of registration of the volume and turnover of products. Data on the conformity declaration or the conformity certificate may be cited in it. The decision shall enter into effect upon the expiry of a month as from the date when it is officially published.

Decision of the Government of the Russian Federation No. 433 of June 16, 2010 on the Value of the Insurance Year for 2010

The value of the insurance year of 2010 is 10 392 roubles (7 274 roubles 40 kopecks in 2009). On the basis of it, the amount of the monthly fixed payment to be made by individual businessmen, lawyers and notaries to the budget of the Pension Fund of the Russian Federation as an insurance contribution for obligatory pension insurance is specified. The value of the insurance year is also used in estimation of the amount of federal budget assets allocated to the Pension Fund of the Russian Federation to compensate for payment of insurance contributions for persons who are on a leave for taking care of a child under 1,5 year old and for draftees. The value of the insurance year is estimated on the basis of the tariff of insurance contributions for obligatory pension insurance and the minimum labour wage fixed as of the start of a year.

Decision of the Government of the Russian Federation No. 442 of June 16, 2010 on the Rates of Export Customs Fees in Respect of Some Kinds of Timber Exported Outside Member States of Agreements on the Customs Union

The decision fixes a combined export customs fee in respect of other (except for oak, beech and ash) kinds of non-processed timber and those processed using conserving agents (CC FEA Code 4403 10 000 9). Its rate constitutes 25% of the customs value but at least 15 euros per 1 cubic meter. Earlier it was 100 euros per 1 cubic meter. The decision shall enter into effect upon the expiry of 1 month as from the date when it is officially published.

Decision of the Government of the Russian Federation No. 431 of June 10, 2010 on the Expenditure Rate in the Form of Losses Caused by Forced Butchering of Poultry and Animals

On January 1, 2010 the amendments made in the Tax Code of the Russian Federation came into force. They concern a list of outlays reducing the tax base for payers of uniform agricultural tax. Earlier losses caused by the mortality of poultry and animals might be accounted within the limits of approved rates. Now the outlays caused by their forced butchering shall be also accounted with the limits of approved rates, except when they are caused by natural calamities, fires, accidents, epizootics and other emergency situations. In this connection, the rates of outlays in the form of losses caused by forced butchering of poultry and animals are fixed. The decision shall enter into effect as from the date when it is officially published and shall extend to the legal relations arising since January 1, 2010.

Decision of the Government of the Russian Federation No. 419 of June 9, 2010 on Supplying Data on the Activities Connected with Traffic of Precursors of Narcotic Agents and Psychotropic Substances and on Registration of Operations Connected with Their Traffic

Under the decision, legal entities and individual businessmen are bound to report on the activities connected with the traffic of precursors of narcotic agents and psychotropic substances. Here those of them are meant which are included in List IV and are subject to control. Quarterly and annual reports on the quantity of each precursor made shall be formed. Annually shall be drawn up reports on the volume of sold and used substances. They shall be submitted to regional agencies of the Federal Service for Control over Traffic of Narcotics of the Russian Federation. Reports on precursors| importation (exportation) shall be also drawn up. They shall be forwarded to the Ministry of Industry and Trade of the Russian Federation. Forms of the cited reports are shown and the time for their presentation is fixed. When exercising activities connected with the traffic of precursors, any operations in the course of which the quantity of substances is changed shall be entered to a special register. The specifics of registering operations which involve serving out, sale, acquisition or use of some substances are established. Every month an entry shall be made in the register on the total quantity of served, sold, acquired or used substances. There is no need for proving these operations by documents. The decision makes amendments in some acts of the Government of the Russian Federation concerning registration of narcotic agents and psychotropic substances. The decision shall enter into force as from July 22, 2010.

Decision of the Government of the Russian Federation No. 409 of June 9, 2001 on the Exercise by Officials of the Federal Service for Supervision over Transport of Control (Supervisory) Functions

The decision defines the scope of authority of officials of the Federal Service for Supervision over Transport (of its regional agencies) authorized to exercise control (supervisory) functions. The latter shall be exercised in the following areas: civil aviation, use of air space of Russia, air navigation service, air and space search and rescue, sea transport (including sea ports), inland water, railway, industrial, motor and urban land electric transport, navigation hydrotechnical facilities, road facilities, as well as transport safety. A state transport inspector shall exercise control (supervision), in particular, over the exercise of activities aimed at reducing harmful effects of transport over the environment, satisfaction by the entities of the transport complex of the established requirements and ensuring transport safety. An inspector is entitled to examine transport facilities and vehicles, that is, to have free access to official and industrial premises (including an airport|s (airdrome|s) control zone). The inspector is authorised to detain luggage, freight and mail whose air carriage is banned and to participate in investigating accidents (incidents). An inspector shall have a uniform, official identification card, numbered lapel badge and personal numbered stamp. An inspector|s decisions and actions (omission to act) may be complained against. The provisions concerning the rights and responsibility of civil aviation state inspectors, as well as on the Russian Transport Inspectorate, have been invalidated.

Decision of the Presidium of the Higher Arbitration Court of the Russian Federation No. 3342/10 of June 1, 2010

A treasury agency suspended an operation which involved spending assets kept on an institution|s personal accounts. Its failure to implement a decision of a court of law had served as a ground for it. The institution holding that these actions were unlawful took a legal action. It also made the petition for taking interim relief measures - to suspend the operation of the treasury agnecy|s notice (that is, actually to release blocked accounts before settling the dispute). The Presidium of the Higher Arbitration Court of the Russian Federation disagreed with the conclusions made by inferior courts which had deemed possible to take these measures. By virtue of the Arbitration Procedural Code of the Russian Federation, a court may suspend the operation of a disputable act or decision on an applicant|s petition. Meanwhile, as it was stressed by the Presidium, it is inadmissible to suspend the operation of acts or decisions of state and other control bodies where there are grounds to believe that it can disrupt the balance of interests of an applicant and third persons, as well as of public interests. Such suspension is also impossible if it can entail the impossibility to execute a disputable act (decision) in case of the refusal to satisfy the applicant|s claims. In the given case, the courts, having suspended the operation of the treasury agency|s notice, actually impeded execution of an act of a court of law and of a writ of execution as to making recovery from an institution for the benefit of an individual. In so doing, they interfered the activities of a court of law. The Arbitration Procedural Code only allows to suspend recovery under the writ of execution disputed by the claimant, if it is effected in an extrajudicial (direct) procedure. The writ of execution issued by the court does not pertain to such category of documents.

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