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Laws – 2016: challenges and plans

2016 will be difficult. The crisis, the tense international situation, sanctions, elections to the Duma. Will the adoption of laws that will bring the country out of pique?

The plan of legislative activities of the Government of the Russian Federation to 2016 approved on December 26 last year. The state Duma on 19 January approved Approximate program of legislative work for the spring session 2016 in part of bills for priority consideration. The main difference between the plans of the Government and the State Duma that the government’s plan based on the year, and the Duma — for six months, and the last is just a rough plan of priority issues. That is, in practice, the Duma in spring session will consider not only those issues specified in the plan. In addition, in terms of the Duma are already included in the bills, and the Government’s plan — those projects that should develop and contribute.

WHAT BILLS ARE CONSIDERED BY THE STATE DUMA IN THE FIRST PLACE?

Under article 50 of the Regulations of the State Duma as a matter of priority addresses the following bills:

— all bills introduced by the President of the Russian Federation;

— bills introduced to the Duma by the Russian Government “if need prompt legislative regulation in the socio-economic sphere”;

— the bills on the budget;

— the draft laws on ratification of international treaties of the Russian Federation (as a rule, they are made by the President of the Russian Federation);

— the bills, the need for which arises out of Federal constitutional laws and Federal laws or from the decisions of the constitutional Court of the Russian Federation;

— bills introduced to the Duma in pursuance of the messages and instructions of the President of the Russian Federation, the Chairman of the Duma, and other.

— The Council of the state Duma can almost any bill deemed important and put it in the primary agenda.

What is interesting in terms of the state Duma in the spring session?

THE REFORM OF CIVIL LAW

In the plan of Duma in the spring session included adopted in the first reading the draft Federal law “On amendments to part one, second, third and fourth Civil code of the Russian Federation and to certain legislative acts of the Russian Federation” (№ 47538-6) made by the President of the Russian Federation in 2012.

The bill was prepared by the Council under the President of the Russian Federation on codification and improvement of civil legislation in the framework of the Concept of development of civil legislation, prepared in accordance with the decree of the President of the Russian Federation from July 18, 2008 No. 1108 “On improvement of the Civil code of the Russian Federation”. Essentially we are talking about serious modernization of the civil legislation in accordance with international practice, first of all, the first part of Civil code of the Russian Federation, containing the most General and fundamental provisions of Russian civil law.

During updating, the project has undergone changes and is different from the original version introduced in the State Duma. Apparently, this is one of the bills forming the complex acts adopted in accordance with the Concept. Total changes significant changes in many areas, and highlight some of the most important novels in the form of pomace difficult. According to the Concept of development of civil legislation, the main changes are two: an introduction to the subject of civil legislation of corporate relations and modernization of property rights, which should, in particular, lead to the creation of a system of stable property rights to land and other natural resources.

Some of the laws from this package has already been accepted, that the law of 30.12.2012 № 302-FZ, dated 07.05.2013 No. 100-FZ dated 02.07.2013 № 142-FZ, dated 30.09.2013 No. 260-FZ, from 21.12.2013 № 367-FZ, dated 12.03.2014 No. 35-FZ dated 05.05.2014 № 99-FZ, from 08.03.2015 No. 42-FZ. To read details about the changes can, for example, in the review prepared ATP ConsultantPlus.

FOR PYRAMID SCHEMES UNDER THE COURT

The priorities of the state Duma consideration of the draft law of the Government No. 881156-6 “On amendments to the criminal code and Criminal procedure code of the Russian Federation” (in terms of establishing criminal liability for organizing activities to attract monetary funds or other property — “financial pyramids”). It is proposed to Supplement the criminal code article 172.2 – “Organization of activities to raise funds and (or) other property”. The minimum sentence for organizing “pyramids” will result in fines up to one million roubles, maximum — imprisonment up to four years (for raising funds on a large scale). In General, it was high time to introduce it.

In the explanatory note, the Government refers to data of the Ministry of internal Affairs of Russia according to which in 2014, in Russia operates more than 160 organizations, having features of “financial pyramids”, from illegal activity affecting more than 9 thousand people, and the sum of the caused damage amounted to 1.7 billion rubles. For the damage caused organizers “pyramids” attracted by the article “fraud”.

PROTECTING THE RIGHTS OF HOMEOWNERS

The Government will consider the draft Federal law № 901906-6 “On amendments to the Housing code of the Russian Federation and certain legislative acts of the Russian Federation” (in terms of protection of property rights of the purchaser of the residential property and ensure the protection of rights of former members of the alienated family of the owner of the dwelling). The bill is designed to bring legislation into line with the Ruling of the constitutional Court of the Russian Federation from 24.03.2015 No. 5-P.

According to the draft law is installed and registered encumbrance of the right of ownership of housing on the basis of an agreement between the owner and a former member of his family about the use of premises or of a court decision. This applies to a situation where, for example, a warrant for the condo were issued including those family members who subsequently left the family. This will protect not only former family members, but also of new homeowners who discover his burden at the stage of verification of documents.

In this sphere the Government of the Russian Federation developed the draft law No. 955220-6 “On amendments to certain legislative acts of the Russian Federation” (in terms of improving the rules on compensation for the loss of property rights to housing). Provides a one-time compensation for the loss of property rights to housing, when it is impossible to obtain from third parties awarded damages. Compensation will be paid if the recovery under the writ of execution is discontinued. Now compensation will be paid if the recovery was not made within one year from the day when I started to count the time limit for submission for execution of a judicial decision. This violates the law, e.g., bona fide purchasers of housing, who did not know about previous fraudulent transactions.

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THE FIGHT AGAINST ILLEGAL TAXI DRIVER

A relatively important bill is the initiative of deputies-United Russia party members “About state regulation of activity on transportation of passengers and Luggage by automobile taxi in the Russian Federation and introducing amendments to certain legislative acts of the Russian Federation” (No. 472515-6). This law shall supersede individual provisions of the “law on taxi” 2011 (No. 69-FZ). In General, the new law will repeat provisions of the old, but will change the penalties for taxi drivers: some compounds will decrease, others will increase. To expect any particular effect of this law is hardly worth it.

SAVING CIVIL SERVANTS

In February will be considered in the second reading of two government bills aimed at raising the retirement age for civil servants and reducing them to leave. The acclaimed bill No. 918468-6 “On amendments to certain legislative acts of the Russian Federation in terms of increasing the retirement age for certain categories of citizens” provides for the increase of the age limit in the civil service from 60 to 65 years and the percentage extra charge to pension depending on years of service. The premium relies on the civil servants who have experience of more than 15.5 years to 2016 with a gradual increase to 20 years by 2025. Now for Federal employees this experience is 15 years. According to the feasibility study of cost savings for the Pension Fund of Russia in 2016 will amount to 622 million rubles. Not all civil servants of frustrating the bill: on the contrary, many try to extend his contract by remaining in the service until 65 years or longer.

The second bill relating to civil servants, No. 923365-6 “On amendments to articles 45 and 46 of the Federal law “On state civil service of the Russian Federation” envisages a reduction in the duration of the leave. Now regardless of which group of employees posts will rest for 30 days. The current rule provides for the vacation of 35 days for employees holding senior and key positions of the civil service. Significantly reduced additional leave for long service: if the rule “a day for a year”, now we use differentiated rates. If you experience from 1 year to 5 years — 1 day from 5 to 10 years — 5 days, from 10 to 15 years — 7 days, over 15 years — 10 days. Thus, the budget will save about 3300 million roubles.

PARLIAMENTARY CONTROL

Bill No. 744088-6 “On amendments to the Federal law “On parliamentary control” in part of improving the forms of parliamentary control” provides for the establishment of order hearing information of the representatives of the Government of the Russian Federation on the annual state and national reports. Preparation of the report is already foreseen by the legislation of the Russian Federation. So, prepares annual reports on the implementation of public policies (e.g. culture) and national reports (in particular, the national report on the progress and results of implementation of the state program of development of agriculture and regulation of markets of agricultural products, raw materials and food; national report on quarantine phytosanitary state of the territory of the Russian Federation).

However, these types of accountability of the Executive to Parliament in no way connected with their responsibility for the failure to reach planned targets under the targeted programmes. In addition, the legislator does not seek to unify the terminology in terms of types of reports and enter a common name — “state report”, instead of a tracing-paper from English “national report”, and supports the existing lack of terminological uniformity, devoid of reason.

FACILITATION OF COLLECTION OF TAXES AND FINES

In April, the second reading is scheduled to submit the draft Federal law developed by the Supreme Court of the Russian Federation “On amendments to the Code of administrative court procedure of the Russian Federation and certain Federal laws” (No. 887446-6) the introduction of simplified forms of proceedings in cases concerning the recovery of compulsory payments and penalties — the court order. The right to receive court orders, justices of the peace. The law was adopted due to the fact that significantly increased the number of appeals to the court of tax authorities with claims arising out of violations of tax laws.

For example, according to the Supreme Court of the Russian Federation, in 2014 the courts of General jurisdiction and justices of the peace examined 2 772 650 cases on the requirements of the tax authorities. And for 6 months in 2015 the number of cases has amounted to 2 490 341. However, about 98 percent of cases in this category are undisputed and considered with the issuance of the court order. First, the growth of such cases, undoubtedly connected with the economic crisis in Russia: citizens do not have sufficient funds for the payment of taxes and other payments. Secondly, the accelerated procedure for issuance of a writ for 5 days without trial (in absentia) — will lead to the deterioration of the citizens. Possible also such a situation that a citizen will not even know that in respect it started the procedure of issuing the court order.

INVESTMENTS IN THE KALININGRAD SEZ

In February on the first reading the bill submitted by the Government of the Russian Federation No. 958268-6 “On amendments to article 4 of the Federal law “On the Special economic zone in Kaliningrad region and on amendments to certain legislative acts of the Russian Federation”. The bill provides for the reduction of the minimum investment threshold required to obtain the status of resident of Special economic zone in the Kaliningrad region, including construction of tourist facilities. Obviously, the government failed to attract big investors in the Kaliningrad region, so now opportunities for the less massive investments. This measure may be appropriate in times of crisis.

THE LAND QUESTION

Also in February on second reading the government submitted initiative No. 930602-6 “About features of granting land plots to citizens in the far Eastern Federal district and on amendments to certain legislative acts of the Russian Federation”. The project provides the citizens of hectares of land in the far East in the gratuitous use for 5 years, with subsequent registration in the property or in rent. Plots must be located at least 10 km from the small settlements and not less than 20 km from a major. On earth can be carried out any activity in accordance with the permitted use of the site. Along with the adoption of the draft will be rejected numerous bills on the ground, about which we wrote earlier. However, it is necessary to remember about possible risks associated with the adoption of this bill.

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THE REFORM OF STATE CORPORATIONS

In April will be considered in the second reading the bill of the RF Government No. 252441-6 “On public-law companies in the Russian Federation and on amendments to certain legislative acts of the Russian Federation”. The draft law envisages the introduction into Russian legislation of a new legal form of “public-legal company” and the establishment of the order of its creation, activities, organization and liquidation.

This is done here for what purpose: currently, the existing state corporations and state company “Avtodor” should be either converted or reorganized, or liquidated. After the introduction of the legislation organizational-the legal form of “public-legal company” in this form it is supposed to convert the state Corporation “Bank for development and foreign economic Affairs (Vnesheconombank)” and “Agency for deposits insurance”. The nuances and consequences of this transformation have yet to understand.

ANGLING

In may the State Duma plans to consider a bill that will affect many citizens of Russia “On recreational fisheries” (No. 200303-6). The bill preserves free fishing on common grounds, introduces the concept of recreational fisheries and permits to catch certain species of fish and crabs. Such species include, for example, chum salmon, pink salmon, coho salmon, sockeye salmon, Chinook salmon, Atlantic salmon, whitefish, crab. For each caught fish will also have to pay a fee — from 35 roubles for pink salmon up to 476 rubles for trout. Enter the daily rate of extraction (catch) of aquatic biological resources.

DELINQUENCY PREVENTION

In February will be considered in the second reading the bill No. 421465-6 “About bases of system of preventive maintenance of offences in the Russian Federation”. This bill is aimed at restoring domestic experience of crime prevention. In some Russian regions have already adopted similar laws, but the Federal law is designed to build a unified system of prevention. Focuses on the prevention of juvenile delinquency, previously convicted persons, citizens, engaged in vagrancy and begging, exposed to drug addiction, alcoholism, who are in need of social adaptation.

According to the explanatory note of the Federal system of crime prevention would be aimed at promoting positive life values, material, psychological and other adaptive support to persons who find themselves in difficult situations or included in socially dangerous situation, and would involve the active work of the various state agencies in preventing crimes.

Forms preventive treatment includes the following:

1) legal education and legal awareness of citizens;

2) conduct preventive conversations;

3) the warning about the inadmissibility of actions creating conditions for Commission of offenses, or of the inadmissibility of the continuation of antisocial behaviour;

4) the idea of eliminating the causes and conditions that contributed to the Commission of offences;

5) implementation of the preventive account;

6) implementation of preventive controls;

7) social adaptation;

8) social rehabilitation.

WHAT IS THE GOVERNMENT PLANNING?

In the plan of legislative activity of the Government of the Russian Federation also has a number of interesting bills. However, they are mostly not yet developed, therefore, to analyze the texts of future laws., you can only call them.

In December the State Duma it is planned to submit the draft Federal law “On circulation of tissues and cells”. Despite the fact that we are not talking about the human organs, the law may be relevant to transplantation.

The plan for August is to introduce in the Duma the draft law “On amendments to certain legislative acts of the Russian Federation in terms of improvement of procedure for seizure of land plots from lands of agricultural purpose when they are used improperly”. Probably, this is the bill that involves the seizure of agricultural land for violation of the order of its use or non-use for several years.

In December it is planned to finish the development of the draft law “On amendments to the criminal code of the Russian Federation and the Criminal procedural code of the Russian Federation in connection with the strengthening of criminal responsibility for violations in the field of fishery and preservation of water biological resources”. From this bill it is necessary to expect increase of sanctions for violation of fishing regulations, including, probably an Amateur, the law which by this time can accept.

Already prepared by the Government of the Russian Federation the bill “On amending article 5 of the Federal law “On consumer credit (loan)”, which provides for obligatory informing of citizens on significant risks at the conclusion of the credit agreement (loan agreement). Obviously, the bill is important in the context of increasing loan burden on banks and increase the share of non-performing loans.

In July will be submitted to the Duma a draft law “On amendments to some legislative acts of the Russian Federation regarding perfection of the mechanism of interaction between the authorities and representatives of public associations, individual entrepreneurs, commercial and non-commercial organizations, including foreign, and their authorized representatives”. It is not clear what will be the law. The object of the law can intersect with the theme of lobbying. At the same time, it is clear that the mechanism of interaction between government and organizations (including identifying the interests of various associations and legal entities) does not work.

Also planned for the summer introducing into the Duma the bill “About rendering of state (municipal) services to natural persons on a competitive basis”. Probably, multifunctional centers may receive an alternative.

In September should be made to the bill “About state registration of space objects and transactions with them”. This law can be related to the topic of privatization of public assets, the conversion of public corporations.

It is obvious that among the planned bills are not so many laws that meet the relevant managerial agenda. The main part of bills plan of the state Duma — projects that have already passed the first reading. Meet the bills aimed at budget savings or the facilitation of recovery of these funds. We must remember that many management decisions are put into effect not at the level of laws and acts of the President and the Government of the Russian Federation, so the analysis cannot provide a comprehensive evaluation of the plans of the authorities. At the same time, it is logical to assume that all the fun will again be taken into an ad-hoc basis.

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