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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 protection of consumer rights" and part II of the RF Civil Code
2007-10-29 06:00

NEWS OF THE FEDERAL LEGISLATION

The amendments are made to the Federal Act "On protection of consumer rights" and part II of the RF Civil Code

The Federal Act N 234-FZ of October 25, 2007 (document is in Russian) makes essential amendments to the Federal Act "On protection of consumer rights" .

First of all, the amendments concerns those provisions of the Act determining the rights of consumers at revealing of defects in goods. In particular, there is established that in respect of technically complex good, consumer has the right to refuse from execution of sales contract in the case of revealing of defects in it, and to require of return of the sum paid for this good, or to make the claim on its substitution for the good of the same mark or the same good of other mark during 15 days since the day of transfer of such good to consumer.

Upon expiration of this period, aforesaid requirements shall be the subject for satisfaction in one of following cases:

revealing of essential defect in good;

infringement of established periods for elimination of defects of good;

impossibility to use of good during every year of warranty period in aggregate more than thirty days as a result of repeated elimination of its various defects.

Besides, there is established the right of consumer to be present at carrying out examination of good by seller.

  So, the amendments concern periods for elimination of defects of good: notion of "urgent" elimination of defects is determined; maximum term for elimination of defects of good is established, it is determined in the written form by means of agreement of parties - 45 days.

The Federal Act "On protection of consumer rights" is added with the new article determining consequences of violation by seller of the period for transfer of advance paid good for consumer.

The amendments are made to part II of the Russian Federation Civil Code, which concern questions of retail purchase and sale. Now provisions on remote way for sale of goods are added to article 497 of the RF Civil Code, which earlier established the procedure for sale of goods by samples. The Rules of remote way for sale of goods was approved by the Decree of the Government of the Russian Federation N 612 of September 27, 2007 (document is in Russian).

Besides in accordance with aforesaid amendments of the Federal Act "On protection of consumer rights" , there is given in the wording article 503 of the RF Civil Code establishing the rights of buyer in the case of sale of good of inadequate quality to him.

The Federal Act N 234-FZ of October 25, 2007 shall come into force since December 12, 2007.

There has been ratified the Council Convention between the Russian Federation and Serbia and Montenegro
2007-10-29 06:00

NEWS OF THE FEDERAL LEGISLATION

There has been ratified the Council Convention between the Russian Federation and Serbia and Montenegro

The Federal Act N 235-FZ of October 25, 2007 (document is in Russian) has ratified the Council Convention between the Russian Federation and Serbia and Montenegro (document is in Russian).

The amendments to RF legislative acts have come into force in the part of specification of terms and procedure for acquisition of the right on land plots being within state or municipal ownership
2007-10-30 06:00

NEWS OF THE FEDERAL LEGISLATION

The amendments to RF legislative acts have come into force in the part of specification of terms and procedure for acquisition of the right on land plots being within state or municipal ownership

The Federal Act N 212-FZ of July 24, 2007 (document is in Russian) has come into force as on October 30, which makes amendments to the Land Code of the Russian Federation (document is in Russian), the Federal Act N 137-FZ "On enforcement procedure of the Land Code of the Russian Federation" of October 25, 2001 (document is in Russian), the Federal Act N 161-FZ "On state and municipal unitary enterprises" of November 14, 2002 (document is in Russian), the Russian Federation Code on administrative offences (document is in Russian), RF Budget Code (document is in Russian), the Federal Act N 178-FZ "On privatization of the sate and municipal property" of December 21, 2001 (document is in Russian).

The amendments made to the Land Code of the Russian Federation concern questions of acquisition of the right on land plots being within state or municipal ownership and where buildings and constructions are located.

There is putted new provision establishing that land plots being within state or municipal ownership shall be sold to owners of buildings and constructions located on these land plots on the price established by executive authorities and bodies of local self-government accordingly.

There is established that price of aforesaid land plots shall not be more than their cadastre cost.

Besides, the amendments are made to the Federal Act N 137-FZ "On enforcement procedure of the Land Code of the Russian Federation" of October 25, 2001 , and pursuant to them sale of land plots being within state or municipal ownership shall be provided till January 1, 2010:
 
to commercial institutions and sole traders being owners of constructions and buildings located on such land plots, including building and constructions erected on places of ones destroyed or pulled down, if these building and constructions were alienated from state or municipal ownership;

to citizens and non-commercial institutions being owners of constructions and buildings located on such land plots, in the case if the right of ownership on these constructions and buildings of aforesaid persons is arisen before enforcement of the Land Code of the Russian Federation and if federal acts not establish other order of acquisition of land plots to ownership for aforesaid owners.

At acquisition of such land plots by aforesaid persons, their price shall be established by Russian Federation subjects within:

twenty percent of cadastre cost of land plot located in cities with population more than 3 millions;

two and the half percent of cadastre cost of land plot located in other area.

  Before establishing of price on land plot by Russian Federation subject, there shall be applied the most price of land plot for according area.

So, there is determined that legal entities except those specified in clause 1 of article 20 of the Land Code of the Russian Federation are obliged to redraw up the right of permanent (termless) use of land plot to the right of lease of land plots or to purchase the land plots to ownership, besides religious organizations - to the right of free urgent use at their request before January 1, 2010 in accordance with the rules of article 36 of the Land Code of the Russian Federation. Legal entities may redraw up the right of permanent (termless) use of land plots where located electric lines, railroads, communication lines, pipe-lines, roads and other similar constructions (linear objects) to the right of lease of land plots or to purchase such land plots to ownership in accordance with the rules established by this paragraph till January 1, 2013.

Additions made to the Federal Act N 161-FZ "On state and municipal unitary enterprises" of November 14, 2002 establish that state and municipal enterprise being lessee of a land plot being within state or municipal ownership have nor right to sublease such land plot; to transfer its rights and duties under lease contract to other persons; to give lease right in pledge; to putt lease rights as deposit to authorized capital of economic associations or as share payment to industrial cooperative.

The Russian Federation Code on administrative offences is added with article 7.34 establishing administrative responsibility of infringement of terms and procedure of redrawing up the right of permanent (termless) use of land plots to the right of lease of land plots or terms and procedure for purchase the land plots to ownership. The article shall come into affect from January 1, 2011.

There is increased the quota on issue of invitations to foreign citizens for entrance to the Russian Federation in purposes of making labor activity
2007-10-30 06:00

NEWS OF THE FEDERAL LEGISLATION

There is increased the quota on issue of invitations to foreign citizens for entrance to the Russian Federation in purposes of making labor activity

The Decree of the Government of the Russian Federation N 704 of October 24, 2007 (document is in Russian) increases the quota on issue of invitations to foreign citizens for entrance to the Russian Federation in purposes of making labor activity by 9910 invitations. So there is approved the new order for distribution of the quota between subjects of the Russian Federation.


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