26 июня 2012

Garant. Daily monitoring of the Federal legislation at 26.06.2012

  • Federal Law No. 85-FZ of June 25, 2012 on Amending Article 21 of the Federal Law on the Development Bank
    The disbursement reserve maintained in the Pension Fund of the Russian Federation as relating to the accumulated portions of pensions will be under the trust management of Vneshekonombank.
    From July 1, 2012 accumulated pension funds will start to be paid out to citizens. Those who made additional contributions may choose either to receive a pension disbursement during at least ten years or the accumulated portion of old-age labour pensions. To finance the latter the Pension Fund of the Russian Federation maintains the disbursement reserve.
     
  • Federal Law No. 83-FZ of June 25, 2012 on Deeming as No Longer Effective Paragraphs 2 and 4 of Part 2 of Article 7 of the Federal Law on Mortgage Securities
    The list of binding standard ratios for the lending institutions issuing mortgage-secured bonds is reduced.
    The ratio N 19 has been removed in line with the amendments to the legislation according to which the assets making up the mortgage collateral that secures the performance of obligations relating to bonds is not included in the bankrupt's estate. Accordingly, N 19 is of no significance. Moreover, lending institutions are not required to observe N 17, i.e. the minimum ratio of the amount of provided mortgage-secured loans and owner's equity (capital).
     
  • Decision of the Government of the Russian Federation No. 616 of June 21, 2012 on Endorsing the List of the Goods, Works and Services Purchased in an Electronic Form
    Which goods, works and services the companies having a stake of the state and natural monopolies have to purchase in an electronic form?
    A list of such items is established. It concerns state companies, natural monopoly entities, state corporations, the organisations pursuing regulated types of activity in the field of electricity, gas, heat and water supply, water removal and disposal of solid household waste, unitary enterprises, autonomous institutions, business associations with a state (municipal) stake of over 50% as well as the affiliates thereof.
    The list includes for instance paper, printed matter, office items, computers, medical devices, motor vehicles and parts for them, natural water etc., as well as motor-vehicle and office-appliance maintenance and repair services.
    No electronic purchase is compulsory when information about purchase is not subject to placement in the internet or if a product (service) is bought from a sole supplier. Also the rule does not extend to emergencies.
    Effective one month after the date of official publication.
     
  • Decision of the Government of the Russian Federation No. 611 of June 19, 2012 on Amending the Regulations on the Federal Labour and Employment Service
    Responsibility for control and supervision functions in the field of social protection has been vested in the Federal Labour and Employment Service due to the change of the federal executive governmental bodies structure. The service is now under the Ministry of Labour and Social Protection of the Russian Federation.
     
  • Decision of the Government of the Russian Federation No. 610 of June 19, 2012 on Endorsing the Regulations on the Ministry of Labour and Social Protection of the Russian Federation
    Decree of the President of the Russian Federation of May 21, 2012 transformed the Ministry of Public Health and Social Development into the Ministry of Public Health and the Ministry of Labour and Social Protection of the Russian Federation.
    Regulations on the Ministry of Labour and Social Protection of the Russian Federation are endorsed. The ministry is responsible for elaborating and implementing state policies and for normative legal regulation in the field of demography, labour, pensions and social insurance (except for compulsory medical insurance) etc. The Federal Labour and Employment Service reports to the Ministry of Labour and Social Protection of the Russian Federation. Also the ministry co-ordinates the activities of the Pension Fund of the Russian Federation and the Social Insurance Fund of the Russian Federation.
    The decision enters into force upon the expiry of seven days after official publication, save specific provisions effective as of July 1, 2012.
     
  • Decision of the Government of the Russian Federation No. 608 of June 19, 2012 on Endorsing the Regulations on the Ministry of Public Health of the Russian Federation
    By a presidential decree the Ministry of Public Health and Social Development is transformed into the Ministry of Public Health and the Ministry of Labour and Social Protection of the Russian Federation.
    Regulations on the Ministry of Public Health of the Russian Federation are endorsed. The ministry carries out the functions of elaborating and implementing state policies and normative legal regulation in such areas as public health, compulsory medical insurance, handling of medicines for medical purposes, including prevention of diseases, medical assistance, health rehabilitation, medical examinations (except for medical-social and military-medical ones), pharmaceutical activities, for instance ensuring the quality, effectiveness and safety of medicines etc. Also it deals with the sanitary-epidemiological wellbeing of the public, medical support to employees of hazardous sectors of economy, medical assessment of the effects of hazardous physical and chemical factors on the human body, health resort matters etc.
    Apart from that, the ministry manages state properties and provide state services in public health.
    The ministry co-ordinates and monitors the activities of the Federal Service for Supervision over Public Health, the Federal Medical and Biological Agency, the federal state institutions and federal state unitary enterprises which report thereto. Also it co-ordinates the activities of the Federal Fund for Obligatory Medical Insurance
     
  • Decision of the Government of the Russian Federation No. 604 of June 19, 2012 on the Federal Service for Defence Orders
    Rosoboronzakaz (The Federal Service for Defence Orders) has acquired the powers to produce normative acts. The service which previously was under the Ministry of Defence of the Russian Federation now reports directly to the Government of the Russian Federation.
    New regulations on the service are endorsed. The field of the service's activities has remained the same, i.e. control and supervision concerning defence orders and the deliveries of secret goods (works and services). Rosoboronzakaz is empowered to carry out normative legal regulation in this field.
     
  • Review of the Supreme Court of the Russian Federation of June 20, 2012 "Review of the Judicial Practices of the Supreme Court of the Russian Federation for Quarter I of the Year 2012"
    The review traditionally presents a set of materials dedicated to controversial aspects of civil-law and criminal-law cases concerning for instance contracts of simple partnership, land ownership and lease, protection of consumers' rights, labour disputes, occupational diseases etc.
     
  • Resolution of the Supreme Court of the Russian Federation No. 13 of June 19, 2012
    Clarifications are provided to courts concerning the various aspects of application of the civil procedural legislation governing proceedings in a court of appellate instance.
     
  • Information Letter of the Higher Arbitration Court of the Russian Federation No. 150 of May 22, 2012
    The letter analyses practices in cases relating to the dismissal of bankruptcy receivers. Ground for dismissing a bankruptcy receiver may be the minutes of a meeting of creditors who decided to refer to court for such purpose. In this case the lack of a petition proper does not prevent the hearing of the case. Also a petition of the creditors committee may serve as such ground, even though no decision on that matter is taken by a meeting of creditors.
    Causing actual losses is dealt with to show that if no exact amount of actual losses has been established, the bankruptcy receiver may be dismissed if it is established that they could have occurred due to his fault. A definition of "actual losses" is provided.
    If a bankruptcy receiver fails to indemnify actual losses in one bankruptcy case this may serve as ground for his being removed in another proceeding.
    If a winding-up proceeding has been completed and the bankruptcy receiver has filed a report (with no grounds for refusing to confirm it) on the results thereof with a court then the court is entitled to refuse to dismiss the receiver, even though there are reasons for doing so, because if such petition were upheld it would not cause the reinstatement of the rights infringed upon.
     

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