Legislative measures to implement the Address of the President of the Russian Federation of 12 November 2009.

17.11.2009

Legal Update No. 85.

Goltsblat BLP advises of legislative measures envisaged in the instruction of the President of the Russian Federation of 15 November 2009 for implementing his Address to the Federal Assembly of 12 November 2009.

To speed up implementation of investment projects, by 15 January 2010, a new procedure is to be presented for agreeing corresponding permission documentation (decision-making, as a rule, within 3-4 months, with the heads of constituent entities of the Russian Federation bearing responsibility and co-ordinating the process).

One sphere of importance is better organisation of government participation in commercial activities. By 1 March 2010, draft federal laws and other legal acts are to be presented on the following:

  • the scope and effectiveness of government participation in the activities of commercial organisations (the programme to be completed by 2012);
  • the procedure and time schedule for reorganisation of state companies into joint-stock companies operating in a competitive environment and the operating period of other state-owned companies;
  • greater efficiency of state-owned companies and joint-stock companies controlled by the government (introduction of modern governance frameworks, independent auditing, linkage of officials’ salaries to innovative work indicators).

By 15 March 2010, draft federal laws are to be submitted governing creation of favourable tax conditions for innovative activities. To the same end, by 30 March 2010, decisions are to be drawn up for simplifying the rules for hiring foreign specialists required in the Russian Federation, shortening the time for issuing visas for them and extending the term of validity of these.

Considerable attention is focused on encouraging social activities by non-commercial organisations and charitable works. Draft federal laws on the following will already be drawn up by December 2009:

  • on the institution of socially-orientated non-commercial activities;
  • on tax benefits in individual cases of assistance provided to children, the disabled, invalids and the elderly;
  • on profit tax exemption of grants provided for health protection, physical culture and public sport;
  • on improvement of the legislation on charitable works (recognition as such of social rehabilitation of children, pro bono legal assistance, etc.);
  • on amendments to the Civil Code of the Russian Federation recognising gratuitous performance of work and rendering of services as a charitable contribution.

It has been specially instructed to submit to the State Duma by 1 February 2010 a draft federal law on medicines (regulating, in particular, trading in medicines and safety requirements).

Important legislative measures in the judicial sphere have been outlined. In January 2010, the following draft federal laws are to be presented:

  • on establishment of appeal instances in general jurisdiction courts: for civil cases – from 1 January 2012; for criminal cases – from 1 January 2013;
  • on broader application of administrative prejudice, pledge as a pretrial restriction and fines for  crimes of medium gravity not involving violence, and on introduction of compulsory labour as an individual form of punishment.

The given instructions from the President of the Russian Federation also envisage other measures for fulfilment of his Address to the Federal Assembly of 12 November 2009.

For additional information, please contact:

Anton Sitnikov, Partner,
Corporate/Mergers&Acquisitions
Goltsblat BLP,
Tel: +7 (495) 287 44 44,
Email: info@gblplaw.com

Evgeny Danilov,
Head of Group,
Corporate/Mergers&Acquisitions
Goltsblat BLP,
Tel: +7 (495) 287 44 44,
Email: info@gblplaw.com

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