22 июня 2012

Garant. Daily monitoring of the Federal legislation от 22 июня 2012

Garant. Daily monitoring of the Federal legislation at 22.06.2012

  • Resolution of the Plenum of the Supreme Court of the Russian Federation No. 11 of June 14, 2012 on the Practices of Courts' Hearing Cases Relating to the Extradition of Persons for Criminal Prosecution or Execution of a Sentence and Also the Extradition of Persons for Serving Sentences
    The Supreme Court of the Russian Federation provided clarifications concerning the extradition of persons for criminal prosecution or execution of a sentence and also the extradition of persons for serving sentences. A person may be extradited to a foreign state if the offence in connection with which extradition was requested is punishable under the Criminal Code of the Russian Federation and the legislation of the state that requested it. Extraditing and handing over a person and recognising a foreign state's court's judgement are to be based on an international treaty of the Russian Federation or on the principle of reciprocity. Accordingly, courts have to find out if the requesting foreign state is party to an international treaty of the Russian Federation.
    Grounds for refusing extradition are provided. For instance, no extradition is possible to a state being party to the European Convention on Extradition if there is immunity by reason of lapse of time from criminal prosecution or punishment. Courts' attention is drawn up to the fact that the conditions and grounds for refusing to extradite someone are provided not only in the Criminal Procedural Code of the Russian Federation and other laws but also in international treaties of the Russian Federation.
    While a person is held in custody awaiting an extradition request courts have to consider other measures of restraint that might be sufficient to ensure the possible extradition of the person. If no other measure of constraint may be chosen this has to be explained in a court's judgement.
    According to an international treaty of the Russian Federation a person may be extradited to serve a sentence not only in the state whose citizen he/she is but also to the one where he/she permanently resides.
    A list of officially published international treaties of the Russian Federation dealing with extradition matters is provided.
     
  • Decision of the Government of the Russian Federation No. 596 of June 18, 2012 on Amending Decision of the Government of the Russian Federation No. 982 of December 1, 2009
    From July 1 the conformity of goods intended for children and of cosmetics, perfumes and some other products with the provisions of technical regulations of the Customs Union requires confirmation. Five technical regulations of the Customs Union enter into force as of July 1, 2012, concerning the safety of package, light industry products and of products intended for children and teenagers as well as toys, perfumes and cosmetics. Accordingly, the lists of the products subject to compulsory certification or declaration of conformity in the System GOST R are adjusted.
    The decision enters into force as of July 1, 2012. The certificates and declarations of conformity will keep effective until the expiry of their effective term but in any case not after July 1, 2014 for light industry products, cosmetics and perfumes, and until February 15, 2014 for other items. Said products may be manufactured and traded in accordance with the provisions of GOST standards. The products and packing made under said documents need not be re-marked with the conformity mark.
     
  • Regulations of the Central Bank of the Russian Federation (Bank of Russia) N 380-P of May 31, 2012 on the Procedure for Observation in the National Payment System
    The Bank of Russia monitors the state of affairs in the national payment system, observing the activities of operators and of other entities acting in the national payment system as well as the development of payment systems and infrastructure. This is done by sending binding requests for provision of the necessary information to entities acting in the national payment system and by holding working meetings with authorised representatives thereof etc.
    A significant payment system will be appraised by the Central Bank at least once in two years, the procedure being completed within three months. The objective is to assess the degree to which observed organisations and the significant payment systems related thereto meet the recommendations of the Bank of Russia. The results of the appraisal shall be published.
    At least once in two years the Bank of Russia will prepare a review of the results of the entire observation.
    The regulations enter into force as of July 1, 2012.
     
  • Direction of the Central Bank of the Russian Federation (Bank of Russia) No. 2827-U of June 4, 2012
    Rules for furnishing information on the persons significantly affecting the decisions taken by the managerial bodies of a bank are modified. Shareholders having less than 1% of votes have to be mentioned in information on the persons significantly affecting the decision-taking of the bank's managerial bodies. The information is published on the official website of the Central Bank of the Russian Federation. If a bank refuses to place information on such website a notice is to be sent to the Bank of Russia's territorial institution.
    This direction enters into force upon the expiry of ten days after being officially published in Vestnik Banka Rossii.
     
  • Direction of the Central Bank of the Russian Federation (Bank of Russia) No. 2831-U of June 9, 2012
    The forms of reports are established as well as rules for drawing up and filing such reports in respect of data protection in the course of money remittances of three categories of operators, i.e. payment systems, payment infrastructure services and money remittance services.
    Effective from July 1, 2012
     

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