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Daily Monitoring of the Legislation

Monitoring of the Federal Legislation dated 29.06.2010

Federal Law No. 123-FZ of June 28, 2010 on Amending Article 1 of the Federal Law on Personal Data and Article 15 of the Federal Law on Ensuring Access to the Information about the Activities of Courts in the Russian Federation.

The amendments made by the law concern information about courts| activities. From now on the Law on Personal Data shall not extend to the relations connected with supply of the cited information by authorized bodies. A list of persons whose family names and initials are not to be excluded from the texts of acts issued by courts of law which are inserted in the Internet has been expanded. Now the cited list includes the plaintiff and defendant, third person, convict, acquitted person, person in respect of which administrative proceedings have been initiated and representative. Initially, solely judges, prosecutors and lawyers were included in the list According to the amendments made, judicial orders shall not be inserted in the Internet. This federal law shall enter into force starting from July 1, 2010.

Decision of the Constitutional Court of the Russian Federation No.14-P of June 22, 2010 on the Case Concerning Verification of Constitutionality of the Subitem (a) of Item 1 and the Subitem (a) of Item 8 of Article 29 of the Federal Law on the Basic Guarantees of Election Rights and the Right to Participation in a Referendum of Citizens of the Russian Federation in Connection with the Complaint of Citizen A.M. Malitsky

The rules under which the obtainment of a residence permit in a foreign state by a Russian citizen deprives him/her of the ability to be a member of a regional election commission (with the right of casting vote) were disputed. The Constitutional Court of the Russian Federation has found such restriction of rights unconstitutional and has given the following explanation. The right to participate in the administration of public affairs is an integral element of the constitutional law status of a citizen in a democratic society. One of the forms of the exercise of this right is the participation in the activities of election commissions and referendum commissions. Ensuring the authority of both such commissions proper and members thereof essentially has the status of a guarantee of election rights. A law may define the circumstances under which a citizen is not allowed to exercise the authority of an election commission|s member. Such restrictions shall be imposed for preventing from participation in such bodies| functioning persons in respect of which there are substantial grounds for having doubts as to their ability to discharge their duties independently, impartially and lawfully. The issuance of a residence permit in a foreign state to a person shows that he/she is granted the status of a permanent resident (of a long-term resident) therein. It suggests the possibility of official use of the document proving such status for certifying his/her identity in this country. The availability of a residence permit, as a rule, does not suggest vesting the holder thereof with political rights in a foreign state (in particular, with the right to elect and be elected). Nevertheless, if such persons are vested with political right to a certain extent, it does not mean that their position in their relations with the country of their nationality will be inevitably changed. Thus, a Russian citizen when receiving a residence permit in a foreign state acquires the right of long-term residence therein. However, it shall not entail the loss or reduction of the value of political and legal relations of a given person with Russia. Accordingly, he/she enjoys the right to participate in the administration of public affairs of the State and, in particular, to be a member of a regional election commission with a casting vote.

Decision of the Government of the Russian Federation No. 472 of June 26, 2010 on Endorsing the Rates of Export Customs Fees in Respect of Raw Oil and Some Categories of Oil Products Exported Outside the Territory of the Russian Federation and Territories of Member States of Agreements on the Customs Union

The fee rate in respect of oil is reduced from 292.1 down to 248.8 US dollars per 1 ton. The exportation of gas oils, benzol, toluene, xylol, light and middle distillates has also become cheaper (179.9 US dollars as compared to 209.1 US dollars before). The fee rate has been reduced from 112.7 down to 96.9 US dollars per 1 ton in respect of oil vaseline, mineral wax and similar products (except for raw and other ones), oil coke and bitumen, other residues of processing oil or oil products made of bituminous rock (except for calcinated coke), liquid fuel, oils and waste oil products. In respect of the cited exceptions the 0 rate shall apply. When exporting propane, butane, propylene, bytilene, butadiene and other liquefied gases, the rate of 20.5 US dollars per 1 ton shall apply ( this being 27.3 US dollars before). The decision shall enter into force starting from July 1, 2010.

A Review of the Legislation and Case-Law of the Supreme Court of the Russian Federation for the First Quarter of 2010 (Endorsed by the Decision of the Presidium of the Supreme Court of the Russian Federation of June 16, 2010).

The review contains the materials of the most illustrative civil and criminal cases, as well as brief conclusions as to some instances of applying laws. A number of issues are considered, including those which arise in disputes resulting from labour, social and public legal relations. Explanations are given in respect of surety|s obligations under a credit contract. If borrowed assets are repaid by making payments on a periodical basis, the limitation period for making claims against sureties shall be calculated starting from the time when a regular payment is mature. An indication in a contract that the cited person have been familiarised with all the terms and conditions of a credit agreement (including the validity term thereof) shall not be deemed the term thereof concerning the validity term of a contract of suretyship. For a breach of the Traffic Rules recorded by a special technical device both the natural persons and legal entities which are the owners of transport vehicles may be brought to administrative responsibility. On such occasion, cases on complaining by organisations against decisions shall be within the scope of jurisdiction of courts of law. If the owner of a flat intends to lodge in the flat (in particular in a one-room flat) which is under common share ownership the family members thereof or other citizens, the consent of all co-owners of this residential premises shall be required. Meanwhile, if minors are concerned, they shall be lodged with their parents, regardless of the opinions of other owners thereof. An employer is entitled (by approbation of a trade-union), when making a collective agreement, to define a procedure for estimation of additional stimulating payments provided for by the wage system used by such employer. The concepts of the unmarried mother and of the person bringing up a child without mother have been analysed to apply the guarantees consolidated by the Labour Code of the Russian Federation, as regards the prohibition to dissolve a labour contract on the initiative of the employer. As regards the case-law concerning criminal cases, some peculiarities of qualifying crimes, of the rules for imposition of penalties, as well as procedural matters, have been examined. The position of the European Court of Human Rights shown in some cases against Russia have been stated.

Decision of the Commission of the Customs Union of the Eurasian Economic Community No. 296 of June 18, 2010 on the Regulations on the Procedure for Adoption by the Commission of the Customs Union of Decisions and Explanations Concerning the Classification of Some Kinds of Commodities

For the purpose of uniform interpretation of the CC FEA the Commission of the Customs Union is entitled to render decisions and give explanations concerning the classification of some kinds of commodities. Authorised customs agencies of member states of the Customs Union may apply to the Commission for this. The Commission shall consider agencies| proposals as to the classification of commodities in compliance with the CC FEA of the Customs Union and appropriate draft decisions and explanations. It may also consult agencies in respect of such classification and coordinate with them draft decisions and explanations thereof. The decisions and explanations made by the Commission may be amended or reversed. It shall be possible, if the CC FEA of the Customs Union has been corrected, or errors have been detected, or additional information has been obtained. The Commission|s decisions shall be inserted in the official Internet site thereof. They are binding for member states of the Customs Union. The decision shall enter into force starting from July 1, 2010.

Decision of the Commission of the Customs Union of the Eurasian Economic Community No. 293 of June 18, 2010 on Some Issues of the Transitional Period, as Regards Collection of Indirect Taxes When Exporting and Importing Commodities, Carrying Out Works and Rendering Services in the Customs Union

As from July 1, 2010, the Customs Code of the Customs Union shall enter into force. In this connection, some decisions have been adopted which concern the transitional period. A number of customs treatments applied before the cited date to domestic commodities imported to a member state of the Customs Union from another one or exported from a member state of the Customs Union to another one shall be terminated in the following way. Commodities shall be declared in the procedure effective at the time when the application of these treatments began. The treatments of processing on (outside) the customs territory and for internal consumption are meant here. The same is true in respect of temporary storage of commodities moved within the framework of mutual trade. Indirect taxes on commodities imported from (exported to) member states of the Customs Union which have been subjected to customs procedures, treatments and operations in compliance with the national legislation and have not been completed before July 1, 2010 shall be collected by customs authorities of the parties. In mutual trade the following rule shall apply to the commodities which have been preliminary declared with a customs authority of the importing country and in respect of which indirect taxes have been paid. To prove the reasonableness of the zero rate of value-added tax and/or exemption from excise duties the exporter of commodities shipped after July 1, 2010 shall file , instead of an application for commodities importation and payment of indirect taxes, a copy of the customs declaration drawn up when releasing commodities for free circulation.

Decision of the Commission of the Customs Union of the Eurasian Economic Community No. 288 of June 18, 2010 on the Form of the Customs Pay-In Slip and on the Procedure for Completing and Applying the Customs Pay-In Slip

As from July 1, 2010, the Customs Code of Russia, Belarus and Kazakhstan shall enter into force. Natural person moving commodities across the border of the Customs Union for personal use shall pay taxes and fees on the basis of the customs pay-in slip. The decision endorses the form of the customs pay-in slip and a procedure for completing it. Forms of the customs pay-in slip consist of sewn sheets and shall be completed by a customs official in three copies. Additional sheets shall form an integral part of it. The customs pay-in slip shall apply for showing the computation and/or making, as well as for automating registration, of payments and other amounts administered by customs authorities. The decision shall enter into force starting from July 1, 2010.

Decision of the Commission of the Customs Union of the Eurasian Economic Community No. 287 of June 18, 2010 on Endorsing the Form of the Passenger Customs Declaration and the Procedure for Completing the Passenger Customs Declaration

In some cases a natural person crossing the border of the Customs Union shall be bound to declare in writing commodities intended for personal use. Their list is established in the Customs Code of the Customs Union. It concerns, in particular, cultural valuables, commodities which are moved as unaccompanied baggage or in respect of which bans and restrictions are imposed, temporary imported transport vehicles, securities and currency valuables. A citizen may also declare other commodities at his/her choice. The form of, and procedure for completing, the appropriate declaration are endorsed,.It consists of three form sheets. The last of them shall be completed, if cash money (including foreign currency) and traveler|s cheques in the amount exceeding 10 thousand US dollars are carried. It shall also be completed when moving other monetary instruments in a documentary form. The declaration shall be comprehensibly competed by hand. Electronic printers may be also used. Data shall be stated in the state language of a member state of the Customs Union, Russian or English. Some other language, hich an official has command of, may be used by authorization of a customs agency. Pending January 1, 2010, the declaration forms established by the legislation of a member state of the Customs Union before July 1, 2010 may be used. The decision shall enter into force starting from July 1, 2010.

Decision of the Commission of the Customs Union of the Eurasian Economic Community No. 289 of June 18, 2010 on the Form of and Procedure for Completing the Transit Declaration

In pursuance of the Customs Code of the Customs Union, forms of the transit declaration and of its supplementary sheets are endorsed and a procedure for completing them is defined. Data on the commodities pertaining to a single shipment may be declared in a single transit declaration. A single shipment means the commodities carried from a single consignor to the address of a single consignee under a single carriage document. The transit declaration shall be completed using a printer on A4 format sheets. In so doing, amendments and/or addenda may be made by hand in block letters. Amendments and/or addenda shall be certified on each sheet of the transit declaration by the person making them. The customs official shall affixed thereto his/her signature and personal numbered stamp. It is allowed to cite denominations and addresses of foreign persons in Latin. Data defining commodities individual features, as well as numbers of transport vehicles, routes, documents etc. may be cited in the language of the original documents. When moving commodities across the territory of solely one member state of the Customs Union, the legislation thereof may establish the spepcifics of declaring data in the transit declaration, as well as of the procedure for applying it. The forms and procedure shall be used starting from January 1, 2011. Pending this date, the forms (blank forms) of customs declarations (documents) and the procedure for completing them established by laws of member states of the Customs Union shall be used.

Decision of the Commission of the Customs Union of the Eurasian Economic Community No. 299 of May 28, 2010 on Exercising Sanitary Activities in the Customs Union

The Agreement of the Customs Union on Sanitary Activities was ratified in May, 2010. It extends to the persons, transport vehicles, as well as to the products in the Comprehensive List of Commodities Which Are Subject to Sanitary-and-Epidemiological Supervision (Control) at the Border and Territory of the Customs Union. The decision contains a list of such commodities and establishes sanitary-and-hygienic requirements for them. The list comprises three sections. One of them enumerates the products which are subject to the state registration accompanied by issuance of certificates. The manufacturers and suppliers shall obtain them on the basis of applications and required documents, the maximum time period for their issuance being 30 days. The decision defines a procedure for exercising the state sanitary-and-epidemiological supervision (control) over persons, transport vehicles and commodities crossing the border of the Customs Union. On some occasions, transport vehicles and persons shall be subject to sanitary-and-quarantine control upon their arrival to (departure from) the territory of the Customs Union. It shall be possible if there is a risk of an emergency situation in respect of sanitary-and-epidemiological safety of the population. The commodities included into the comprehensive list shall be only moved through special checkpoints opened for international carriage where sanitary and epidemiological control shall be exercised. The decision shall enter into force starting from July 1, 2010, except for some provisions thereof.

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