NEWS OF Legislation

1. Federal laws

Federal law of the Russian Federation of March 28, 2002, N 32- On modifying of the Federal law On book keeping

Organizations would be allowed to submit accounting reporting not only on paper, but also as an electronic document. Earlier, only initial registration documents and registers of book keeping were allowed to be submitted as such. Organizations may present accounting reports directly to the user or transfer them through their representatives, send the reports through regular mail with an inventory list or via telecommunication channels.

The Federal law would be valid since the date of its publication.

Federal law of March 21, 2002, N 31- On reconciling statutes with the Federal law On state registration of legal persons

Due to the official introduction since July 1, 2002 of the federal law of August 8, 2001, N 129- On state registration of legal persons, the current system of registration of the above mentioned persons would change. The statutory acts establishing specific features of the state registration of legal persons would be reconciled with the law mentioned.

No valid would be the law On enterprises and enterprise activity. Changes would be made in the laws On commercial and industrial chambers in the Russian Federation, On the Central Bank of the Russian Federation (Bank of Russia), On banks and bank activity, On public associations, On state tax, On trade unions, their rights and guarantees of activity, etc.

Changes would also be made in the Civil code of the Russian Federation. A new regulation would be introduced stating that a legal person would be considered as established from the date of the appropriate record made in the uniform state register of legal persons. Earlier legal persons were considered as established from the date of its state registration. The state registration would be carried out in the area of activity of its local permanent executive body, and in case of absence of such a permanent body - another body or a person having the right to operate on behalf of the legal person without the power of attorney.

The Federal law would be valid since July 1, 2002. The text of the Federal law was published by the Rossiyskaya Gazeta (The Russian Newspaper) March 26, 2002, N 53.

Federal law of March 14, 2002, N 29- On modifying article 37 of the Criminal code of the Russian Federation

Article 37 Necessary defense of the Criminal law of the Russian Federation would have a new wording. It would not be a crime when harm has been caused to an encroaching person in necessary defense, that is a person is defending his rights, or other persons protected by law or the state against socially dangerous infringement if it would result in the violence dangerous to lives of the defending or other persons, or in direct threat of such violence. Protection against the encroachment which have been not connected to such violence, is lawful if thus it has not resulted in excess of necessary defense, that is the deliberate actions which are obviously not appropriate to character and danger of an encroachment.

The federal law would be valid from the date of its publication. The text of the Federal law was published in the Rossiyskaya Gazeta (the Russian Newspaper) March 19, 2002, N 48.

2. Decision of the Constitutional Court

The decision the Constitutional Court of the Russian Federation of March 14, 2002 On checking of constitutionality of articles 90, 96, 122, and 216 of the Criminal - remedial code of RSFSR on complaints by citizens S.S. Malenkina, R.N. Martynova and S.V. Pustovalova

According to the articles challenged, at various stages of pre-judicial criminal process the restriction of freedom and inviolability of a citizen for over 48 hours without a judgment is allowed, that, in opinion of the applicants, breaks up the right for personal freedom and inviolability guaranteed by article 22 of the RF Constitution.

The Constitutional Court of the Russian Federation has emphasized that in the cases when a law is needed to protect the right, and which has been stated directly in the Constitution of the Russian Federation, execution of the duty should be carried out immediately. Preservation of the former order of detention and putting as a preventive punishment under the guard results, as a matter of fact, in refusal of guarantees, as they were stated in chapter 2 of the Constitution of the Russian Federation, of the judicial protection of rights and freedoms of a citizen that in turn may not be compensated by granting opportunities of the appeal in the judicial order of illegality and groundlessness of arrest or prolongation of holding in custody to the person accused and suspected, and put as a preventive punishment under the guard.

The Constitutional Court of the Russian Federation has recognized that positions of articles 90, 96, 122, and 216 of the Criminal-remedial code of RSFSR, allowing detention of a person who is suspected in committing the crime for over 48 hours and his detention as a preventive measure under the guard without judgment, as not appropriate to the Constitution of the Russian Federation, its articles 17, 22, and 46 (part 1), and also to the second paragraph of article 6 of the second unit of the Final and transitive positions. All other normative legal statuses admitting detention prior to a judgment for over 48 hours, and also arrest, detention under the guard and holding in custody prior to judgment, should be cancelled in due order since July 1, 2002, i.e. from the moment of official introduction of the Criminal-remedial code of the Russian Federation, are not subject to application. In this connection Federal Assembly has been advised immediately to bring in respective changes in the legislation to provide for introduction since July 1, 2002 of norms of the judicial order of application of arrest, holding in custody, and also detention of the suspected for over 48 hours.

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