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2009 BALTIC REGIONAL LEGAL NEWS LETTER

Civil Law

Federal Law No. 56-FZ dated April 9, 2009 entitled “On amendments to Article 825 of the se-cond part of the Civil Code of the Russian Federation, and repeal of Article 10 of the Federal Law "On implementation of the second part of the Civil Code of the Russian Federation

The Law stipulates that the commercial companies have a right to conclude the financial agree-ments under the financial assignment of demand.

“The Russian Gazette”, No. 65 dated April 15, 2009.


Construction law

Resolution of the Government of the Russian Federation No.441 dated May 23, 2009 entitled "On the Federal executive authority, authorized to issue building permits and permits for the introduction into service of capital construction objects"

The Law clarifies the rights, obligations and functions of the Ministry of Regional Development in the construction sphere.

“The Russian Gazette”, No. 97 dated May 29, 2009.


Resolution of the Government of the Russian Federation No. 834 dated October 17, 2009 en-titled "On the Repeal of particular legislative acts of the Government of the Russian Federation on issues of land-use and urban construction"
The Law repeals three legal acts of 1996-2000 concerning the land-use and urban construction in the Russian Federation.
“The Codification of Russian legislative acts”, No. 43 dated October 26, 2009.


Order of the Ministry of Economic Development of the Russian Federation No. 51 dated Febru-ary 18, 2009 entitled “On Amendments to the particular legislative acts of the Ministry of Eco-nomic Development of Russia”

The Order repeals particular legislative acts that stipulated the terms of maintaining the United State Register of the Construction Objects in certain regions of the Russian Federation.

“The bulletin of the legislative acts of federal authorities”, No. 15 dated April 13, 2009.


Labor law

Federal Law No. 80-FZ dated May 7, 2009 entitled “On Amendments to Article 230 of the Labor Code of the Russian Federation”.

The Law stipulates the procedure and the deadline for the investigation of a labor incident.

“The Russian Gazette”, No. 84 dated May 13, 2009.


The Order of the Federal Migration Service of the Russian Federation No.36 dated February 26, 2009 entitled "On the issues of work permits to foreign citizens arrived to the Russian Federation via non-required visa procedure"

The Order stipulates that the foreign citizens arrived to the Russian Federation via non-required visa procedure and not concluding the labor agreement can apply for the work-permit for the period of 90 days as a maximum.

“The Russian Gazette”, No. 68 dated April 17, 2009.


Criminal law

Federal Law No. 216-FZ dated July 29, 2009 entitled “On Amendments to Article 178 of the Criminal Code of Russian Federation”.

The Law increases penalties for the prevention, restriction or elimination of competition.

“The Russian Gazette”, No. 141 dated July 31, 2009.


Licensing

Resolution of the Government of the Russian Federation No.313 dated April 8, 2009 entitled “On Amendments to the provision on the Federal Service for Intellectual Property, Patents and Trademarks”.

The Resolution stipulates and clarifies multiple provisions concerning the rights, obligations and authorities of the the Federal Service for Intellectual Property, Patents and Trademarks.

“The Codification of Russian legislative acts”, No. 15 dated April 13, 2009.


Land and Real Estate laws

Federal Law No. 32-FZ dated March 14, 2009 entitled “On Amendments to the Forestry Code of the Russian Federation and particular legislative acts of the Russian Federation”.

The Law provides multiple amendments to the Forestry Code and the Land Code of the Russian Federation. 
Some of the amendments will take legal effect on January 1, 2010.

“The Russian Gazette”, No. 45 dated March 14, 2009.


The Federal Law No. 228-FZ, dated September 27, 2009 entitled “On Amendments to the Hous-ing Code of the Russian Federation and to Article 19 of the Federal Law “On Advertisements”

The Law clarifies the authorities of the Meeting of the Apartment Owners, including the rights to take a decision concerning the placement of the advertising constructions in/on the building.

“The Russian Gazette”, No. 182 dated September 9, 2009.


Corporate law

Federal Law No. 115-FZ dated June 3, 2009 entitled “On the Amendments to the Federal Law “On Joint-Stock Companies” and Article 30 of the Federal Law “On Capital Market”

The Law provides multiple amendments to the Federal Law entitled ““On Joint-Stock Compa-nies” and stipulates the content of the Shareholder’s Agreement.

“The Russian Gazette”, No. 104 dated June 6, 2009.


Federal Law No. 310-FZ dated December 17, 2009 entitled “On Amendments to the part one of the Civil Code of the Russian Federation and particular legislative acts of the Russian Federa-tion”.

The law cancels the deadline for providing the obligatory amendments to the Statues of Law of Limited Liability Companies (previously the Federal Law No. 312-FZ dated December 30, 2008 stipulated the deadline as January 1, 2010).

“The Russian Gazette”, No. 246 dated December 22, 2009.


Letter of the Tax Department of the Russian Federation No. MN-20-6/812 dated June 18, 2009.

The letter clarifies that according to the Federal Law entitled “On the State Registration of the legal entities and private entrepreneurs” the company that does not fills the bookkeeping reports and does not make any operations with its bank account within last 12 months should be liquidated and taken off from the Business Register.


Taxation

Letter of the Tax Department of the Russian Federation No. SHS-6-3/979 dated December 29, 2008 entitled “On providing the information concerning the personal income”

The Letter clarifies the procedure of providing the information concerning the personal income of the employees of the separate subdivisions of the companies.


Resolution of the Constitutional Court of the Russian Federation No. 5-P dated March, 17, 2009.

The Resolution stipulates that the certain statements of paragraph 10 of the Article 89 of the Tax Code of the Russian Federation do not comply with the legislation of the Russian Federations. In accordance to the current Resolution the Tax Department cannot perform the recurring on-site bookkeeping audit.

“The Russian Gazette”, No. 55 dated April 1, 2009.


Russian Bilateral International Agreements

Bulgaria

Federal Law No. 263-FZ dated November 25, 2009 entitled “On Ratification of the Agreement between the Russian Federation and the Republic of Bulgaria on social security”.

The Law ratifies the Agreement signed in Moscow on February 27, 2009.

“The Russian Gazette”, No. 228 dated December 1, 2009.

Italy

Federal Law No. 258-FZ dated November 9, 2009 entitled “On Ratification of the Agreement between the Russian Federation and the Italian Republic on cooperation in a sphere of adop-tions”.

The Law ratifies the Agreement signed in Moscow on November 8, 2008.

“The Russian Gazette”, No. 214 dated November 13, 2009.

Angola

Federal Law No. 158-FZ dated July 17, 2009 entitled “On Ratification of the Agreement be-tween the Russian Federation and the Republic of Angola on mutual legal assistance in criminal cases”.

The Law ratifies the Agreement signed in Moscow on October 31, 2006.

“The Russian Gazette”, No. 133 dated July 22, 2009.

Russian Multilateral International Agreements

Federal Law No. 349-FZ dated December 27, 2009 entitled “On Ratification of the Agreement between CIS Governments on countering to legalization (laundering) of criminal incomes and terrorism financing”

The Law ratifies the Convention signed in Dushanbe on October 5, 2007.

“The Russian Gazette”, No. 252 dated December 29, 2009.


Federal Law No. 98-FZ dated May 23, 2009 entitled “On Ratification of the Singapore Agree-ment on the trademark laws”

The Law ratifies Singapore Agreement signed on behalf of the Russian Federation in Geneva on March 26, 2007.

“The Russian Gazette”, No. 94 dated May 27, 2009.