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Daily Monitoring of the Legislation

Monitoring of the Federal Legislation dated 1.07.2010

Federal Law No. 131-FZ of June 29, 2010 on Amending Some Legislative Acts of the Russian Federation in Connection with Adoption of the Federal Law on Microfinancial Activities and Microfinancial Organisations

The amendments made by the law are caused by adoption of the Law on Microfinancial Activities and Microfinancial Organisations. The operation of the Law on Opposition to Legalisation (Laundering) of Incomes Derived in a Criminal Way and to Financing of Terrorism shall extend to such organisations.
Besides, microfinancil organisations, regardless of their organisational and legal form, shall be included into infrastructure of support to small-scale and medium-scale businesses.
The law provides for administrative liability for a microfinancial organisation|s failure to satisfy the obligatory requirements established by the appropriate legislation. It shall be punished by a warning or imposition of an administrative fine on legal entities in the amount from 10 to 30 thousand roubles.
The federal law shall enter into force upon the expiry of 180 days as from the date of its official publication.

Federal Law No. 130-FZ of June 29, 2010 on Amending Article 7 of the Federal Law on Lotteries

The law expands a list of documents to be attached to a notice of holding a stimulant lottery.
An authorised body within 15 days as from the time of receiving such notice is entitled to ban holding a stimulant lottery, if the organizer thereof has tax debts.
In this connection, it is established that to the notice shall be additionally attached a reference note of a tax authority showing if there are tax debts (if there are not tax debts).
It enables to consider such notices in due time and to adopt unbiased decisions on their registration or on the refusal to allow holding a lottery.

Federal Law No. 129-FZ of June 29, 2010 on Establishing and Abolishing Some District (Town) Courts in the Primorye Territory

Some town courts, as well as district courts having the same names, have been abolished in the Primorye Territory and 4 district courts with the same names have been established instead of them.
The aim of these transformations is to bring the judicial system of the cited region into accord with the requirements of the federal legislation.
The federal law shall enter into force as from the date when it is officially published, except for some provisions thereof.

Federal Law No. 128-FZ of June 29, 2010 on Abolishing Some District Courts in the Kirov Region

Some district courts in the Kirov Region have been abolished. The matters concerning administration of justice under their jurisdiction have been transferred under jurisdiction of other district courts of the region.
Such transformations are necessary for the following reason.
Under the Criminal Procedural Code of the Russian Federation, criminal cases on some crimes shall be tried in the first instance by a court chamber consisting of 3 judges ( a terrorist act, high treason, espionage etc.)
The cited courts have a small number of judges and it does not enable to ensure the collective consideration of cases on a permanent basis.
The federal law shall enter into force as from the date when it is officially published, except for some provisions thereof.

Federal Law No. 127-FZ of June 29, 2010 on Establishing the Birobidzhan District Court in the Jewish Autonomous Region and on Abolishing Some Courts in the Jewish Autonomous Region

The Birobidzhan Town Court and the Birobidzhan District Court in the Jewish Autonomous Region have been abolished.
Instead, the new Birobidzhan District Court is being established. Its jurisdiction shall extend to the territory of Birobidzhan and the Birobidzhan district of the region. It shall deal with the matters which were under the jurisdiction of the abolished courts.
It is explained by the following. Under the Law on the Judiciary, town courts shall only operate in the cities of federal importance Moscow and Saint-Petersburg. Besides, the abolition of the cited courts will enable to distribute evenly the workload on judges and to optimize outlays on the administration of justice.
The federal law shall enter info force as from the date when it is officially published, except for some provisions for which a different time of entry into force is provided for.

Federal Law No. 126-FZ of June 29, 2010 on Amending Article 11 of the Federal Law on the Procedure for Handling Applications of Citizens of the Russian Federation.

The law reduces the time periods for consideration of citizens| applications.
Applications containing complaints against judicial decisions and those which are not readable are meant here. The former shall be returned to the sender thereof. In respect of the latter the citizens who have filed them shall be notified that they cannot be answered and shall not be considered.
The total time period of applications| consideration shall be 30 days. However, the cited applications shall not be answered on their merits.
In this connection, it is stipulated that explanations and notices must be forwarded within 7 days.

Federal Law No. 125-FZ of June 29, 2010 on Amending Article 1 of the Federal Law on the Total Number of Justices of the Peace and on the Number of Judicial Districts in the Constituent Entities of the Russian Federation

Under this law, the total number of justices of the peace in the Yamal-Nenets Autonomous Area has been increased from 30 to 31. It has been done because starting from January 1, 2007 judicial districts are formed on the basis of the population size in a district being from 15 to 23 thousand inhabitants (earlier from 15 to 30 thousand inhabitants). In so doing, as before, solely one district shall be established in administrative territorial entities with the population size below 15 thousand inhabitants.
Besides, an increase in the number of justices of the peace in the region will enable to reduce the workload on them and will make justice more accessible.

Federal Law No. 124-FZ of June 229, 2010 on Amending Article 2 of the Federal Law on Communications

The amendments made by the law establish what communication structures are deemed especially hazardous and complicated from the technological point of view. They have the following parameters: their height is from 75 to 100 meters; the underground part thereof is (in full or in part) from 5 to 10 meters lower than the ground elevation. The amendments also specify what is meant by the notion ~communication structure~.

The Agreement Made by the Russian Federation and the Republic Kazakhstan on Applying International Treaties within the Framework of Forming the Customs Union (Saint-Petersburg, May 28, 2010).

The Russian Federation and Kazakhstan have defined a procedure for applying international treaties within the framework of forming the Customs Union.
The agreement establishes a list of international acts signed by the both states. They are Protocols on the Procedure and the Agreement on the Principles of Levying Indirect Taxes, agreements on the grounds, terms of and procedure for changing the time of paying customs duties, on mutual administrative assistance of customs authorities of member states of the Customs Union and other ones. These international acts shall apply on condition that the depository is notified of their ratification by Kazakhstan.
For the purposes of the cited acts, as from July 1, 2010 the authority and functions of the Commission of the Customs Union shall be exercised by Russian and Kazakhstan representatives therein on the bilateral basis.
The parties undertake to sign before July 15, 2010 an international treaty defining a procedure for adoption of decisions on taking within the uniform customs territory of the Customs Union special protection, antidumping and compensatory measures which are in effect in Russia and Kazakhstan as of July 1, 2010, as well as of decisions on taking the enumerated measures on the unified territory of the Customs Union.
The agreement shall enter into effect as from the date of the last notification in writing of the implementation by the parties of necessary intrastate procedures and shall temporary apply starting from July 1, 2010.

Decision of the Commission of the Customs Union of the Eurasian Economic Community No. 138 of June 18, 2010 on Ensuring the Quarantine of Plants in the Customs Union

The decision regulates a procedure for the exercise of quarantine phytosanitary control (supervision) at the border and on the territory of the Customs Union. It establishes a list of commodities in respect of which it shall be exercised. The control (supervision) at the border shall be exercised when importing commodities to the Customs Union, as well as when exporting from it the commodities in respect of which member states of the Customs Union have assumed appropriate international commitments.
The control (supervision) on the territory of the Customs Union shall be exercised in respect of the products subject to quarantine which are moved across it when the points of shipment and destination of a parcel thereof are located on the territories of different member states of the Customs Union.
The purpose of control (supervision) lies in verification of products compliance with phytosanitary requirements. They are inserted in official Internet sites of authorised bodies of member state of the Customs Union.
The decision establishes a procedure for holding a documentary inspection, for inspection (searching) of transport vehicles and products proper, for testing samples.
If the products| owner refuses to disinfect or eliminate them, or if is is impossible to do it, an authorized body|s official shall issue an order to return such products.
The decision shall enter into force as from July 1, 2010.

Decision of the Commission of the Customs Union of the Eurasian Economic Community No. 317 of June 18, 2010 on Taking Veterinary-and-Sanitary Measures in the Customs Union

As from July 1, 2010, the Agreement of the Customs Union on Veterinary-and-Sanitary Measures shall enter into force.
In this connection , the decision specifies the commodities which are subject to veterinary control. It is consolidated that it shall be exercised both at the customs border and territory of the Customs Union.
The commodities which are subject to veterinary control must be accompanied by veterinary certificates. It is allowed to import, carry and use medicines and feed additives applied in veterinary, if they are registered by authorised bodies. It is allowed to import appropriate commodities if they are made by the enterprises included in a special register. A permit is to be obtained in such cases. It is required in the event of transit of animals and commodities of animal origin.
The way of holding inspections and taking samples of commodities (products) which are subject to such control is defined.
The Uniform Veterinary (Veterinary-and-Sanitary) Requirements for Commodities are established.
The decision shall enter into force starting from July 1, 2010.

Order of the Federal Service for Regulation of the Alcohol Market No. 9n of June 2, 2010 on Fixing and Introducing as from July 1, 2010 the Minimum Prices of Vodka (Except for the Minimum Prices of Vodka in Retail Trade)

As from July 1, 2010 the minimum prices of vodka for producers and suppliers thereof are fixed. The order does not concern retail trade in it. The cited prices shall be 70 roubles (for producers) and 77 roubles ( for suppliers) for 0.5 litre of finished products.
The minimum prices of vodka made in Russia or imported therein which is bottled in the consumer tare with different capacity shall be estimated in proportion to the abovementioned ones.
The order is registered by the Ministry of Justice of the Russian Federation on June 29, 2010 under registration No. 17637.

Order of the Ministry of Public Health and Social Development of the Russian Federation and the Pension Fund of the Russian Federation Nos. 302n/109p on Amending the Rules for Paying Pensions in Compliance with the Federal Laws on Labour Pensions in the Russian Federation and of the State Retirement Insurance in the Russian Federation Endorsed by Decision of the Ministry of Labour and Social Development of the Russian Federation and the Pension Fund of the Russian Federation Nos.18/15p of February 16, 2004

The order makes corrections in the procedure for paying labour pensions (a part thereof) and pensions under the state retirement insurance (except for long-service pensions for civil servants). It is specified that the law shall extend to payment of both a part of the old-age labour pension and to a share of its insurance part.
It consolidates the additional power of a regional agency of the Pension Fund of Russia to correct errors, including those which are made with respect to data of the documents required for pension|s payment and delivery.
It is established that the pension shall be remitted to a pensioner|s account opened with a credit organisation without collecting a commission fee.
Pensions may be delivered by postal communication organizations, and not only by federal ones.
A part of the cited changes is caused by the fact that starting from January 1, 2010 monthly payments to disabled persons shall be made regardless off the degree of their labour capacity limitations.
It is registered by the Ministry of Justice of the Russian Federation on June 28, 2010 under registration No. 17629.

Order of the Ministry of Public Health and Social Development of the Russian Federation and the Pension Fund of the Russian Federation Nos. 303n/110p of April 28, 2010 on Amending the Rules for Applying for Pensions, Granting Pensions and Re-Calculation of Pension, Transfer from One Pension to Another One in Compliance with the Federal Laws on Labour Pensions in the Russian Federation and on the State Retirement Insurance in the Russian Federation Endorsed by Decision of the Ministry of Labour and Social Development of the Russian Federation and the Pension Fund of the Russian Federation Nos.17/19 pb of February 16, 2004

The order corrects the Rules for Applying for Pensions, Granting Pensions and Re-Calculation of Pension, Transfer from One Pension to Another One in Compliance with the Federal Laws on Labour Pensions in the Russian Federation and on the State Retirement Insurance in the Russian Federation.
In particular, the provision under which a procedure for keeping pension documentation shall be endorsed by the Pension Fund of the Russian Federation by approbation of the federal executive power bodies concerned has been invalidated.
The order specifies the scope of the rules. Now they, in particular, shall extend to applications for a share of the insurance part and for a part of the old-age labour pension (earlier they concerned only a part of the labour pension). Besides, prior to making the amendments the rules did not concern long-service pensions for federal civil servants.
It is established that an application for establishing a share of the insurance part shall be filed at the place of location of a recipient|s case-file.
The order is registered by the Ministry of Justice of the Russian Federation on June 28, 2010 under registration No. 17627.

Letter of the Federal Customs Service No. 01-11/31847 of June 29, 2010 to Heads of Regional Customs Departments and Customs Houses on Non-Application of Some Rules of the Customs Code of the Russian Federation No. 61-FZ of May 28, 2003

The Customs Code of the Customs Union enters into force starting from July 1, 2010. Its rules shall have direct operation. The Customs Code of the Russian Federation pending the reversal thereof shall be in effect insofar as it does not contravene the Customs Code of the Customs Union.
In connection with this, attention should be paid to the following.
The Customs Code of the Russian Federation shall apply subject to the modified terms. In particular, the new notion has appeared, that is, commodities for personal use delivered by the carrier. They are the commodities which are transferred to the latter under a contract of international carriage (on the basis of a bill of lading, letter of consignment and other documents) for their movement across the customs border to the address (from) a natural person who has not crossed it. Instead of the acceptance thereof, the registration of the customs declaration etc. shall be used.

Letter of the Federal Customs Service No. 01-11/31846 of June 29, 2010 to Heads of Regional Customs Departments and Customs Houses Which Are Directly Subordinate to the Federal Customs Service of the Russian Federation on the Order of Actions When Placing Commodities under a Customs Procedure and on the Customs Control over Commodities under the Conditions of the Customs Union|s Functioning

An instruction booklet has been prepared in respect of an order of actions under the conditions of the Customs Union|s functioning.
It describes in brief the algorithm of customs procedures and control.
It is stated that on the whole customs operations when importing commodities to the Customs Union and when exporting them therefrom shall be made in the procedure which in effect in Russia. However, there are some specific in respect of it. For example, foreign commodities (except for some of them) imported to any member state of the Customs Union and placed in it under the customs treatment of release for internal consumption which provides for their receiving the status of ~the Customs Union|s Commodities~ may freely circulate all over the territory of the Customs Union. As from July 1, 2010, it also concerns the commodities originating in Russia, Belarus and Kazakhstan and also those of them which were recognized as domestic ones in member states of the Customs Union as of cited date. It is stressed that the country of a commodity|s origin shall be proved.
A procedure for declaring commodities is described in detail.
The matters concerning the estimation of the customs value of commodities, their classification, bans and restrictions, as well as making customs payments, are examined. The specifics of making customs operatiosn in respect of the commodities containing intellectual property items are described.

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