7 july 2008

Background material for the July 7, 2008 Government presidium meeting

The Presidium of the Government of the Russian Federation at its meeting on July 7, 2008 had the following items on its agenda:

1. The draft Federal Law On Amending Article 11 of the Federal Law On Mandatory Pension Insurance in the Russian Federation

The draft Federal Law On Amending Article 11 of the Federal Law On Mandatory Pension Insurance in the Russian Federation specified the relevant procedure for registering self-employed notaries as insurants with territorial agencies of the Russian Federation's Pension Fund. Under Article 11.1 of the Federal Law On Mandatory Pension Insurance in the Russian Federation, insurants must register with the insurer's agencies.

All self-employed notaries will either register at their place of residence or work-place. They must apply for registration as insurants no later than 30 days after receiving notary licenses. Aside from submitting their applications, they must provide copies of notary licenses, identification cards, documents confirming registration at their place of residence and registration with tax agencies.

At the same time, notary licenses do not authorise their bearers to work as notaries but serve simply as a pre-condition for vesting them with the appropriate powers.

Under articles 2 and 12 of the Fundamentals of the Russian Federation's Notary Public Legislation, all licensed notaries must be appointed to notary positions and vested with the appropriate powers to act as notaries on behalf of the Russian Federation.

Under p. 6 of the Regulations On the Procedure for Holding Competitions to Fill in Notary Vacancies approved by the order of the Russian Federation's Minister of Justice dated February 17, 1997 and coordinated with the Federal Notary Chamber on January 15, 1997, the Federal Registration Service's territorial agencies will issue orders on appointing licensed notaries after the aforesaid competitions to fill in notary vacancies. Such orders will confirm their notary status.

Consequently, all self-employed notaries must duly register as insurants with territorial agencies of the Russian Federation's Pension Fund after their appointment, rather than after receiving notary licenses.

Under Article 83 of the Russian Federation's Tax Code, all self-employed notaries will register with tax agencies at their place of residence.

Under national legislation, tax agencies will supervise the correct calculation and payment of mandatory premiums under pension-insurance programmes, while the Russian Pension Fund's divisions will collect overdue insurance premiums, penalties and fines.

Consequently, it would be required for territorial Pension Fund divisions to keep records on this category of insurants, including information on payments and debts received from tax agencies, which will do the same with regard to self-employed notaries at their place of residence.

The draft Federal Law aims to protect the interests of notaries who were registered pending its enactment and expressly states that such notaries will be registered in absentia on the basis of records being submitted by the Pension Fund's territorial divisions which have registered the aforesaid notaries at their work place to the Pension Fund's territorial divisions at their place of residence.

2. The draft Federal Law On Amending Articles 40 and 151 of the Russian Federation's Criminal Procedure Code

Under the draft Federal Law On Amending Articles 40 and 151 of the Russian Federation's Criminal Procedure Code, it is proposed to amend Article 40.1.2 of the Russian Federation's Criminal Procedure Code, hereinafter referred to as CPC.

The Federal Court Bailiffs Service's agencies will be listed among investigation agencies. Moreover, the word "Federal" will be added before the "Court Bailiffs Service" in Article 151.3.4.

This document aims to endow additional Federal Court Bailiffs Service officials with the right to conduct investigations and to create favourable conditions for conducting more complete and prompt investigations by the Federal Court Bailiffs Service. This will allow a considerable reduction in investigation deadlines.

Under Article 151 of the CPC, the Federal Court Bailiffs Service's agencies investigate crimes punishable by chapters 20, 22 and 31 of the Russian Federation's Criminal Code and its articles 157, 177, 294.1, 297, 311.1, 312 and 314.

Under the current wording of Article 40.1.2 of the CPC, only the Chief Court Bailiff of the Russian Federation, Chief Court Bailiff of the Russian Federation's constituent entities, their deputies, senior court bailiffs and senior court bailiffs of the Russian Federation's Constitutional Court, Supreme Court and Supreme Commercial Court have the right to conduct investigations.

The law does not allow other officials to carry out investigative work. Article 40.1.2 of the CPC does not correspond with Article 41 of the CPC because the Federal Court Bailiffs Service has no investigators. This provision of the CPC was drafted in consideration of the system of federal executive-branch agencies which has been in place following the CPC's implementation on July 1, 2002. At that time, the Court Bailiffs Department was subordinated to the Russian Justice Ministry's central staff and did not have any territorial agencies.

Under Presidential Decrees On the System and Structure of Federal Executive-Branch Agencies and Issues of the Federal Court Bailiffs Service dated March 9, 2004 and October 13, 2004, the Federal Court Bailiffs Service has the status of a federal executive-branch agency subordinated to the Russian Justice Ministry, facilitating the established procedure of national courts' activity, as well as enforcing legal acts and the acts of other agencies.

The Federal Court Bailiffs Service comprises territorial agencies and divisions in every constituent entity of the Russian Federation.

Starting from September 1, 2007, the Federal Court Bailiffs Service constitutes 64,731 in personnel. However, less than 15% of its officers have the right to conduct investigations under Article 40 of the CPC. Nevertheless, the number of writs of execution continues to increase each year; the Service opened 1,510 and 3,898 criminal cases, in 2004 and 2007 respectively.

Moreover, the provisions of Article 40 of the CPC are not regardful of the number of the Service's personnel, making it unfeasible to regulate work quotas of its officials by departmental acts. This, in turn, severely restricts their authority in criminal proceedings.

Consequently, amended articles 40 and 151.3.4 of the CPC create the required legal framework for a more effective investigation into the Service's criminal cases. This will also enable Service investigators to swiftly exercise their functions under the CPC, eliminating legal-framework discrepancies.

3. The draft Federal Law On Amending Article 4 of the Federal Law On State Control Over International Road Haulage and Responsibility for Violating Road Haulage Procedures

The draft Federal Law On Amending Article 4 of the Federal Law On State Control Over International Road Haulage and Responsibility for Violating Road Haulage Procedures, hereinafter referred to as the Draft Law, regulates issues pertaining to the procedure for conducting international road haulage on the territory of the Russian Federation.

The Draft Law is based on the provisions of the Russian Federation's Constitution, generally accepted principles and norms of international law, the Russian Federation's international treaties and agreements, including the European Agreement concerning the International Road Haulage of Dangerous Goods, and federal legislation.

The Draft Law aims to reduce the number of low-danger and high-danger goods being carried by road in line with special permits, to strengthen state control over compliance with the relevant procedure concerning the international carriage of dangerous goods by road and involving Russian and foreign consignors on the territory of the Russian Federation.

An amendment to Article 4 of the Federal Law On State Control Over International Road Haulage and Responsibility for Violating Road Haulage Procedures, which states that the international carriage of highly dangerous goods by road (as stipulated by the European Agreement Concerning the International Carriage of Dangerous Goods by Road) is conducted under special permits, will make it possible to compile an exhaustive list of classified, dangerous goods.

The Draft Law's approval will not result in any negative socio-economic, financial or related ramifications and will not require any additional federal-budget allocations, as well as those from the budgets of the Russian Federation's constituent and municipal entities.

4. Amending Some of the Russian Government's Acts Regarding the Work of the Federal Service for Supervision of Education and Science.

This governmental Resolution Amending Some of the Russian Government's Acts Regarding the Work of the Federal Service for Supervision of Education and Science, hereinafter referred to as the Draft Resolution, has been drafted in order to facilitate the due fulfilment of powers vested unto the Federal Service for Supervision of Education and Science under the Federal Law On Amending Some of the Russian Federation's Acts Due to the Streamlined Delimitation of Powers dated December 29, 2006 (Collection of the Russian Federation's Legislation, 2007), the Federal Law On Amending the Russian Federation's Law On Education, the Federal Law On Higher and Postgraduate Professional Education and Article 2 of the Federal Law On Amending Some of the Russian Federation's Acts Due to the Streamlined Delimitation of Powers (Collection of the Russian Federation's Legislation, 2007), the Federal Law On Mobilisation Preparations and Mobilisation in the Russian Federation dated February 26, 1997 (Collection of the Russian Federation's Legislation, 1997), governmental Resolution On Approving the Regulations for Exercising Control and Supervision in the Sphere of Education dated February 20, 2007 (Collection of the Russian Federation's Legislation, 2007), as well as the Presidential Directive dated March 2, 2007 and the Government's Directive dated March 15, 2007.

The Draft Resolution proposes amending governmental Resolution on Issues of the Federal Service for Supervision of Education and Science dated April 6, 2004 (Collection of the Russian Federation's Legislation, 2004) and governmental Resolution On Approving the Regulations of the Federal Service for Supervision of Education and Science (Collection of the Russian Federation's Legislation, 2004).

The proposed amendments aim to specify and augment powers previously exercised by the Federal Service for Supervision of Education and Science in the sphere of education, licensing and state accreditation of educational organisations, monitoring compliance with the Russian Federation's education legislation, confirming state education documents (those pertaining to scientific degrees and titles), legalising and witnessing such documents, accepting foreign education documents, scientific degrees and titles in the Russian Federation.

The amendments confirm and augment the powers of the Federal Service for Supervision of Education and Science in the field of facilitating mobilisation promptness, due to the transfer of federal state institutions under its auspices in line with governmental Executive Order approving a list of federal state institutions controlled by the Federal Service for Supervision of Education and Science (dated December 31, 2004).

In addition, the amendments formalise the new powers of the Federal Service for Supervision of Education and Science vested unto it by Federal Laws dated December 29, 2006, February 9, 2007, April 20, 2007 and governmental Resolution dated February 20, 2007.

This concerns the following powers:

-- facilitating control over the quality of graduate training (state/final certification) under primary and secondary education curricula in line with federal education standards (Article 2.7.l of the Federal Law dated December 29, 2006);
-- science-and-methodological support for final certifications and control over the quality of graduate training; upon completion of every education level, graduates receive state education and/or qualification documents under Article 2.1.a of the Federal Law dated February 9, 2007;
-- organising and holding unified state exams on the territory of the Russian Federation under Article 1.5 and Article 1.2.b of the Federal Law dated February 9, 2007;
-- supervising legal regulation exercised by state-authority institutions of the Russian Federation's constituent entities regarding transferred powers with the right to send mandatory orders on rescinding or amending the aforesaid regulatory acts under Article 2.8 of the Federal Law dated December 29, 2006;
-- controlling and supervising the extent and quality of exercising transferred powers by state-authority institutions of the Russian Federation's constituent entities with the right to check the relevant state-authority institutions of the Russian Federation's constituent entities, educational establishments located on the territory of the Russian Federation's constituent entities, as well as by local self-government bodies administering the education sphere under Article 2.8 of the Federal Law dated December 29, 2006;
-- controlling the disbursement of allocations for the exercise of transferred powers by the Russian Federation's constituent entities (together with a federal executive-branch agency exercising control-and-supervision functions in the financial-budgetary sphere and the Russian Federation's Audit Chamber) under Article 2.8 of the Federal Law dated December 29, 2006;
-- providing instruction-and-methodological support for the activity of state-authority institutions of the Russian Federation's constituent entities exercising transferred federal powers in the sphere of education under Article 2.8 of the Federal Law dated December 29, 2006;
-- compiling and keeping federal databases in the sphere of education, state registration of the control-and-supervision results in the given sphere of activity, including the creation and functioning of a state information system in the sphere of education control-and-supervision under Article 2.8 of the Federal Law dated December 29, 2006 and paragraph 19 of the Government Resolution dated February 20, 2007.

Due to the fact that the Draft Resolution includes all state functions and powers, previously exercised by and vested unto the Federal Service for Supervision of Education and Science under the Russian Federation's legislation, in full volume into the Regulations of the Federal Service for Supervision in Education and Science, it is proposed to omit p. 3 of Issues of the Federal Service for Supervision of Education and Science, approved by the Government Resolution dated April 6, 2004, while duplicating p. 5 of the Regulations of the Federal Service for Supervision of Education and Science.

The vesting of new, previously unexercised, powers unto the Federal Service for Supervision of Education and Science (the expanded range of objects and the appearance of new functional aspects under previously vested powers) necessitates an increase in the maximum number of employees of the Service's central staff.

In relation to this, the Draft Resolution also calls for an increase of the maximum number of employees of the Service's central staff by 85 positions - by 52 positions starting from June 1, 2008; and by another 33 positions starting from January 1, 2009 (excluding security-and-maintenance personnel). This demand is on account of the fact that certain provisions of Article 2 of the Federal Law dated December 29, 2006 formalising new powers of the Federal Service for Supervision of Education and Science will come into force starting January 1, 2009 under the Federal Law dated December 1, 2007.

5. Amending Some Governmental Resolutions Regarding Currency Regulation

The Draft Resolution of the Russian Federation's Government On Amending Some Governmental Resolutions Regarding Currency Regulation dated December 28, 2005 and the Regulations of the Federal Taxation Service, hereinafter referred to as Draft Resolution, aims to bring the Regulations for Submitting Residents' reports on the Movement of Bank-Deposit Assets Outside the Russian Federation to tax agencies, approved by the Governmental Resolution dated December 28, 2005, hereinafter referred to as Regulations, and the Regulations of the Federal Taxation Service, approved by the Governmental Resolution dated September 30, 2004, hereinafter referred to as Federal Taxation Service Regulations, in conformity with Federal Law On Currency Regulation and Currency Control dated December 10, 2003, hereinafter referred to as the Federal Law, in the wording of the Federal Law On Amending Article 12 of the Federal Law On Currency Regulation and Currency Control, hereinafter referred to as the Federal Law.

Under the Draft Resolution, Paragraph 1 of the Regulations will be supplemented by a provision on exempting foreign diplomatic missions and consulates of the Russian Federation and other official Russian missions outside the Russian Federation and its permanent missions at inter-state or inter-governmental organisations, hereinafter referred to as foreign missions, from the need to submit reports on the movement of bank-deposit assets outside the Russian Federation to tax agencies.

The decision to exempt foreign missions from the need to submit reports on the movement of bank-deposit assets outside the Russian Federation to tax agencies is motivated by the Federal Law's enactment.

On account of the introduction of p. 1 of the Regulations under the Draft Resolution, it is no longer necessary to implement p. 3 of the December 28, 2005 Governmental Resolution ordering the Ministry of Finance, the Ministry of Economic Development, the Foreign Ministry, the Ministry of Justice and the Bank of Russia to draft proposals on submitting foreign-mission reports on the movement of bank-deposit assets outside the Russian Federation to tax agencies and to submit them to the Government for consideration.

Therefore, p. 3 of the aforesaid Governmental Resolution is declared null and void under this Draft Resolution.

Federal Tax Service Regulations are supplemented by a provision authorising the Service to approve the relevant document forms for notifying about changes in bank-deposit requisites outside the Russian Federation. The relevant authorisation to approve the aforesaid document form is stipulated by the requirements of Article 12.2 of the Federal Law.

This right of the Russian Federal Taxation Service is motivated by the Federal Law's enactment.

The approval and implementation of the Governmental Resolution On Amending the Resolution of the Russian Federation's Government dated December 28, 2005 and Federal Taxation Service Regulations will not result in any negative socio-economic, financial or related ramifications and will not require additional federal-budget allocations.

6. Submitting proposals on signing the Convention on the Protection and Promotion of the Rights and Dignity of Persons with Disabilities to the President of the Russian Federation

The Convention on the Protection and Promotion of the Rights and Dignity of Persons with Disabilities, hereinafter referred to as the Convention, was approved December 13, 2006 at the 76th plenary meeting of the 61st UN General Assembly.

The Convention occupies an important place among multilateral international treaties and agreements in the sphere of human rights and aims to enable disabled persons to exercise all of their human rights and freedoms, to provide equal opportunities for them in this sphere, to encourage respect for disabled persons' dignity and to prevent any discrimination against disabled persons.

In consonance with virtually all UN member-states, the Russian Federation was actively involved in the work of the UN Special Committee for Drafting the Convention; in addition, it made numerous constructive proposals on modifying the Convention's text and supported the Convention's consensus approval by the UN Special Committee and General Assembly.

Under Article 9.2 of Federal Law No. 101-FZ On International Agreements of the Russian Federation dated July 15, 1995, the President of the Russian Federation has decided on signing the Convention on the Government's recommendation.

The Convention is subject to ratification under Article 15.1 (6) of Federal Law No/ 101-FZ On International Agreements of the Russian Federation as it deals with the main human and individual rights and freedoms and under the Convention's Article 43.

The Convention contains no provisions other than those stipulated by the Russian Federation's legislation.

The Russian Federation has joined a number of international treaties and agreements formalising disabled persons rights, including the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, the Convention on the Elimination of All Forms of Discrimination against Women and the Convention on the Rights of the Child.

Although this Convention does not grant any exclusively new rights to disabled persons, it contains provisions highlighting the specifics of exercising the main human rights and freedoms with regard to disabled persons' way of life.

7. Submitting proposals on signing the Agreement between the Republic of Azerbaijan, the Republic of Kazakhstan, the Republic of Kyrgyzstan, the Russian Federation, the Republic of Tajikistan, Turkmenistan and the Republic of Uzbekistan on Establishing the Central Asian Regional Information and Coordination Centre for Combating the Illicit Trafficking of Narcotic Drugs, Psychotropic Substances and Their Precursors, to the President of the Russian Federation

On December 14-15, 2004, the parties to the May 4, 1996 Memorandum of Understanding on Control for Illicit Drug Production, Trafficking and Abuse of Narcotic Drugs, Psychotropic Substances and Precursors, hereinafter referred to as MOU, held their sixth meeting and approved a draft document on establishing the Central Asian Regional Information and Coordination Centre for Combating the Illicit Trafficking of Narcotic Drugs, Psychotropic Substances and Their Precursors, hereinafter referred to as CARICC, submitted by the United Nations Office on Drugs and Crime (UNODC).

The delegates voiced their readiness to draft an agreement on establishing the CARICC, hereinafter referred to as the Agreement.

Under an agreement drafted by the international group overseeing the UN CARICC project, the CARICC will be established in order to enhance the effective work of MOU law-enforcement agencies and to strengthen their cooperation in the course of joint efforts to combat transnational crime linked with the illicit trafficking of narcotic drugs, psychotropic substances and precursors, hereinafter referred to as drugs, to facilitate the creation of regional information-exchange mechanisms primarily during crime detection and investigations.

The CARICC will have the status of a permanent regional information-and-coordinating agency facilitating agreed-upon joint international crime detection to combat illicit drug trafficking and, as a communications junction, for analysing and exchanging police data on transnational crimes. The CARICC will set up a centralised and automated database comprising various databases, computer software and hardware, peripheral and other automated data retrieval, storage, processing and protection systems.

The centralised database will accumulate illicit drug trafficking information intended for joint use by law-enforcement agencies of states (parties to the CARICC).

Law-enforcement agencies of signatory states and the CARICC will communicate through authorised representatives of national law-enforcement agencies. The creation of the CARICC aims to expand the potential of national law-enforcement agencies in combating illicit drug trafficking.

CARICC activities are requested to enhance the effective work of national law-enforcement agencies and to expand mutual cooperation in fighting illicit drug trafficking.

The states, parties to MOU, have decided to locate the CARICC in Almaty in the Republic of Kazakhstan.

As of today, the Agreement has been signed by the Presidents of the Republic of Azerbaijan, the Republic of Kazakhstan, the Republic of Kyrgyzstan, the Republic of Tajikistan, Turkmenistan and the Republic of Uzbekistan.

CARICC activity shall be financed through contributions made by donor states, international organisations and other countries (parties to the Agreement). Western donors have allocated the requisite funding for the first five years of CARICC operations.

Subsequent funding, including the parties' contributions, will be allocated under separate agreements between the parties to the Agreement, donor states and international organisations.

July 4, 2008,

Moscow

* Press releases by the Department of Press Service and Information contain the materials submitted by the executive federal bodies for discussion by the Presidium of the Government of the Russian Federation.