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Amendments are made to the Rules of railway transportation of new cars to railway stations of the Far East federal okrug


Amendments are made to the Rules of railway transportation of new cars to railway stations of the Far East federal okrug
2009-07-10 08:00

NEWS OF THE FEDERAL LEGISLATION

Amendments are made to the Rules of railway transportation of new cars to railway stations of the Far East federal okrug

By the Decree of the Government of the Russian Federation N 547 of 7 July 2009 (document is in Russian), amendments are made to the Decree of the Government of the Russian Federation N 194 "On transportation by public corporation "Russian railroads"of light cars produced on the territory of the Russian Federation to railway stations located on the territory of the Far East federal okrug" of 4 March 2009 (document is in Russian), which extended the list of cars transported without collection of transportation payment.

Specifics are established of inclusion of subordinated credits in the sources of internal funds for calculation of the main capital of a credit institution
2009-07-10 08:00

NEWS OF THE FEDERAL LEGISLATION

Specifics are established of inclusion of subordinated credits in the sources of internal funds for calculation of the main capital of a credit institution

By the Instruction of the Bank of Russia N 2241-U of 1 June 2009 (document is in Russian), amendments are made to the Statute of the Bank of Russia N 215-P "On the method of determination of internal funds (capital) of credit institutions" of 10 February 2003 (document is in Russian), on the basis of which subordinated credits (deposits, loans) may be included in the sources of internal funds taken into account for calculation of the main capital of the credit institution subject to presence in the contract for granting thereof of such additional terms as: long term (granted for not less than 30 years), non-reimbursement and non-accumulation of unpaid interest (coupon)n income, possibility of participation in coverage of losses of the credit institution arising in taking up bankruptcy prevention measures. The size of the subordinated loan with additional terms, included in the sources of main capital may not exceed 15% of the sum of the sources of main capital. Besides, the Instruction establishes specifics repayment of these credits.

Plenary Meeting of the Supreme Court of RF adopted decree "On particular matters appearing in the court practice with application of the Housing Code of the Russian Federation"
2009-07-10 08:00

NEWS OF THE LEGAL PRACTICE

Plenary Meeting of the Supreme Court of RF adopted decree "On particular matters appearing in the court practice with application of the Housing Code of the Russian Federation"

  Plenary Meeting of the Supreme Court of RF adopted decree N 14 "On particular matters appearing in the court practice with application of the Housing Code of the Russian Federation" of 2 July 2009 (document is in Russian). The decree discusses subjects concerning protection of housing rights, jurisdiction, object and participant of relations regulated by the housing legislation, limitation of action. Questions are considered on implementation of rights of ownership to dwelling and rights of family members (former family members) of owners of dwelling.

Also, the Plenary Meeting has considered provisions concerning social rent of dwelling premises and rent of specialized dwelling premises. Thus, the pointed out that courts should bear in mind that cancellation of a contract of social rent of dwelling premises and withdrawal of citizens from them by an order of the renter or state authorities and local self-government bodies, as follows from the provisions of part 4 of article 3 of the Housing Code of RF (document is in Russian), may be possible only for the grounds and according to the procedure established in the Housing Code.
 
Application of the provisions of the Civil Code of the Russian Federation (document is in Russian) to the relations on cancellation and termination of a contract of social rent on the basis of clause 3 of article 672 of the Civil Code of RF shall not be admitted.

According to adoption of the above-mentioned decree, clause 13 of the decree of the Plenary Meeting of the Supreme Court of RF N 8 “On particular matters of application of the RF Act "On privatization of housing fund in the Russian Federation by courts" of 24 August 1993 (document is in Russian) in recognized as having lost its force.

Constitutional Court made a judgement on verification of the constitutional character of particular provisions of the RSFSR Act "On competition and limitation of monopolistic activity in commodity markets" and Federal Act "On protection of competition"
2009-07-10 08:00

NEWS OF THE LEGAL PRACTICE

Constitutional Court made a judgement on verification of the constitutional character of particular provisions of the RSFSR Act "On competition and limitation of monopolistic activity in commodity markets" and Federal Act "On protection of competition"

By the Decree of the Constitutional Court of the Russian Federation N 11-P of 24 June 2009 (document is in Russian) , the provisions of clauses 2 and 4 of article 12, articles 22_1 and 23_1 of the RSFSR Act "On competition and limitation of monopolistic activity in commodity markets" (document is in Russian) and articles 23, 37 and 51 of the Federal Act "On protection of competition" (document is in Russian) are recognized as not contradicting the Constitution of the Russian Federation (document is in Russian) , since according to its constitutional-legal meaning, these provisions do not imply issuance of an instruction on transfer to the federal budget of income gained by a subject of economic activity due to violation of the antimonopoly legislation, without establishing his guilt and without specifying the sum to be transferred by each of the subjects of economic activity which took part on this offense within a group of people, these provisions being applied unless otherwise established by the law only during the whole period of limitation of action.


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