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Amendments concerning creation and activity of limited liability companies enforced


Amendments concerning creation and activity of limited liability companies enforced
2009-07-01 08:00

NEWS OF THE FEDERAL LEGISLATION

Amendments concerning creation and activity of limited liability companies enforced

From 1 July 2009 the Federal Act N 312-FZ of 30 December 2008 (document is in Russian) shall come into force, which is to make amendments to part one of the Civil Code of the Russian Federation (document is in Russian) , Federal Act N 14-FZ “On limited liability companies” of 8 February 1998 (document is in Russian) and Federal Act N 129-FZ “On state registration of legal entities and sole traders” of 8 August 2001 (document is in Russian).

  The amendments refer to the procedure of establishment and activity of limited liability companies, procedure of transfer of the share of a company participant in the authorized capital to another person, as well as questions of registration of limited liability companies.

According to the amendments, the founding documents of limited liability companies shall become invalid.

The charters and founding contracts of the companies shall be brought in line in accordance with the amendments made by the Federal Act N 312-FZ of 30.12.2008 before 1 January 2010.

Activities of gambling houses terminated
2009-07-01 08:00

NEWS OF THE FEDERAL LEGISLATION

Activities of gambling houses terminated

From 1 July 2009, in accordance with clause 9 of article 16 of the Federal Act N 244-FZ “On state regulation of the activity on organizing and holding of gaming and on amendments to particular legal acts of the Russian Federation” of 29 December 2006 (document is in Russian) , the activity of gambling houses which do not have a permission for activities on organizing and holding of gaming in the gambling zone, except for bookmaker offices and the Totes, shall be terminated.

According to the Federal Act N 244 of 29 December 2006, gambling houses (except bookmaker offices and the Totes) may be opened only in gambling zones. The right to carrying out the activities on organizing and holding of gaming in one gambling zone without limitation of the number and type of gambling houses shall arise from the date of issuance of a permit for performance of the above-mentioned activity by the gambling zone management body.

Constitutional Court recognized provisions of articles 27.1, 27.3, 27.5, 24.5 of the RF Code of administrative offenses and articles 1070, 1100 of the RF Civil Code as not conflicting with the Constitution of the Russian Federation
2009-07-01 08:00

NEWS OF THE LEGAL PRACTICE

Constitutional Court recognized provisions of articles 27.1, 27.3, 27.5, 24.5 of the RF Code of administrative offenses and articles 1070, 1100 of the RF Civil Code as not conflicting with the Constitution of the Russian Federation

By the Decree of the Constitutional Court of the Russian Federation N 9-P of 16.06.2009 (document is in Russian) , the following documents shall be recognized as non conflicting with the Constitution of the Russian Federation (document is in Russian) :

1. Part 1 of article 27.1, part 1 of article 27.3 and part 3 of article 27.5 of the RF Code of administrative offenses (document is in Russian) , since the provisions containing therein, according to their constitutional-legal meaning in the system of the effective legal regulation and with reference to clauses 1 and 2 of part 1 of article 24.5 of the present Code, shall provide that administrative detention for 48 hours and more may be applied only if there are sufficient grounds to find that necessary and sound to provide proceeding of this case of an administrative offense, for which punishment may be assigned in the form of administrative arrest, and the subsequent termination of the procedure of the case of administrative offense because of absence of the latter or absence of the corpus delicti may not be a ground for refusal of protesting against illegal application of the administrative detention as a coercive procedural measure.

2. Clause 1 of article 1070 and paragraph three of article 1100 of the Civil Code of the Russian Federation (document is in Russian) in interconnection with part 3 of article 27.5 of the RF Code of administrative offenses , since these provisions, according to their constitutional-legal meaning in the system of the effective legal regulation do not exclude a possibility of compensation for the damage inflicted by illegal administrative detention for not more than 48 hours as a procedural measure in a case of administrative offense, entailing administrative arrest as one of the measures of administrative punishment, regardless of the guilt of the public authority bodies and their officials.

3. Provision of clause 6 of part 1 of article 24.5 of the RF Code of administrative offenses, according to which a started case of administrative offense is to be terminated due to expiration of the limitation period of calling to the administrative responsibility, since the above-mentioned provision, according to their constitutional-legal meaning in the system of the effective legal regulation does not provide a possibility of refusal of estimation of soundness of the conclusions of the juridical body on the presence of corpus delicti in the actions of the persdon.


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