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News of the Federal Legislation

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News of the Federal Legislation


The amendments are made to the Federal Act "On currency regulation and currency control"
2007-07-16 08:00

NEWS OF THE FEDERAL LEGISLATION

The amendments are made to the Federal Act "On currency regulation and currency control"

The Federal Act N 127-FZ of July 5, 2007 (document is in Russian) makes addition to article 9 of the Federal Act "On currency regulation and currency control" (document is in Russian), which concludes closed list of permitted currency operations between residents. In accordance with this addition, it is permitted performance of currency orders by natural persons - residents from their accounts opened in authorized banks in favor of other natural persons - residents being their husbands, wives, close relatives (lineal relatives - parents and children, grandfather, grandmother and grandchild, brothers and sisters, half-brothers and half-sisters, adoptive fathers and mothers and adopted child) to accounts of specified persons opened in authorized banks or in banks located outside the territory of the Russian Federation.

So there is established that in purposes of performance of currency control, agents of currency control have the right within their competence to require and receive documents from residents and non-residents, which confirm that natural persons being husband and wife or close relatives, including documents issued by civilian registrar's offices (marriage certificate, birth-certificate), valid court decisions on fact of family or relative relations, on adoption, on affiliation, as well as on passport records on child, wife, husband, and other documents provided by legislation of the Russian Federation.

The Constitutional Court of the Russian Federation has considered a number of norms of pension legislation as contradicting to the RF Constitution
2007-07-16 08:00

NEWS OF THE LEGAL PRACTICE

The Constitutional Court of the Russian Federation has considered a number of norms of pension legislation as contradicting to the RF Constitution

The Decree of the Constitutional Court of the Russian Federation N 9-P of July 10, 2007 (document is in Russian) considers clause 1 of article 10 of the Federal Act "On labor pensions in the Russian Federation" (document is in Russian) and third paragraph of clause 7 of the Rules for Registration of Insurance Fees Included in the Calculated Pension Capital (document is in Russian) as not corresponding to the RF Constitution (document is in Russian), its articles 19 (parts 1 and 2), 39 (parts 1 and 2), 45 (part 1) and 55 (part 3), in those measure where normative provisions included in them in interdependence with other legislative orders regulating terms of fixation and sizes of labor pensions, at absence in valid regulation of sufficient guaranties for unhampered implementation of pension rights of insured persons worked under labor agreement and observed terms for require the right on labor pension provided by law, for the case of not-payments or not full payment of insurance payments by a insurer (employer) for certain periods of labor activity - allow not to include such periods in their length of insurance taken into account at determination of the right on labor pension and decrease of size of insurance part of labor pension at its fixation (recalculation).


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