1 июля 2011

Garant. Daily monitoring of the Federal legislation at 30.06.2011

  • Decision of the Plenary Meeting of the Supreme Court of the Russian Federation No. 11 of June 28, 2011 on Judicial Practices in Criminal Cases of Extremist Crimes
    Recommendations are provided for hearing cases of extremist crimes. Motive is the first thing to be proven in such cases. Once it is proven, a crime against life and health cannot qualify as having another motive or purpose. Crimes committed due to political, ideological, race, ethnical or religious hatred or animosity ought to be separated from those based on personal inimical relations. The meaning of "public calls for extremist acts" and of "actions aimed at inciting hatred or animosity" is explained and it is stated that they are punishable under criminal law if take place in public or in the mass media. It is reminded that according to international agreements criticisms in the mass media in respect of officials including professional politicians, their actions and convictions per se are not to be deemed in all cases as aimed at denigrating human dignity and therefore inciting hatred or animosity.
     
  • Decision of the Plenary Meeting of the Supreme Court of the Russian Federation No. 10 of June 28, 2011 on Endorsing the Procedure Rules of the Supreme Court of the Russian Federation
    The structure of the Supreme Court is modified. It includes the Plenary Meeting, Presidium, College of Appeals, Judicial Colleges for Administrative, Civil and Criminal Cases and Military College. For instance, the College of Appeals includes its chairman and members being judges of the Supreme Court. They are endorsed by the Federation Council on a proposal of the President of the Russian Federation based on a representation by Chairman of the Supreme Court of the Russian Federation, given a positive statement of the Higher Qualification College of Judges of the Russian Federation. As an appellate court it hears the civil and administrative cases in respect of which decisions have been issued by Judicial Colleges for Civil and Administrative Cases and the Military College of the Supreme Court as first instance courts. Until January 1, 2012 the functions of the College of Appeals shall be carried out by the Cassation College of the Supreme Court.
     
  • Order of the Federal Tax Service No. MMV-7-3/368@ of June 14, 2011 on Amending Order of the Federal Tax Service No. MMV-7-3/515@ of October 25, 2010 on Endorsing the Procedure for a Bank to Notify a Tax Body That a Banker's Guarantee Has Been Issued
    Effective July 1, 2011, advance payment is introduced for the excise tax on alcohol products and alcohol-containing products. Instead of advance payment producers may present a banker's guarantee to the tax body of registration. The bank must notify that tax body about the issuance of the guarantee on the next day.
     
  • Order of the Federal Tax Service No. MMV-7-3/367@ of June 14, 2011 on Endorsing the Forms of, and the Formats of Presentation of, a Notice of Advance Payment of the Excise Tax on Alcohol Products and/or Alcohol-Containing Products and a Notice of Exemption from the Duty to Make Advance Payment of the Excise Tax on Alcohol Products and/or Alcohol-Containing Products
    It is explained how notices of advance payment of said excise tax are to be filed and how the producers of alcohol and alcohol-containing products may provide a banker's guarantee and a relevant notice is filed with a tax body. The order enters into force as of July 1, 2011.

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