home For a beginner Explanatory note to the draft government decree. Explanatory note to the draft resolution of the regional government. to the draft resolution of the Government of the region

Explanatory note to the draft government decree. Explanatory note to the draft resolution of the regional government. to the draft resolution of the Government of the region

Before sending an electronic application to the Ministry of Construction of Russia, please read the rules of operation of this interactive service set out below.

1. Electronic applications in the field of competence of the Ministry of Construction of Russia, filled in in accordance with the attached form, are accepted for consideration.

2. An electronic appeal may contain a statement, complaint, proposal or request.

3. Electronic appeals sent through the official Internet portal of the Ministry of Construction of Russia are submitted for consideration to the department for working with citizens' appeals. The Ministry provides an objective, comprehensive and timely consideration of applications. Consideration of electronic appeals is free of charge.

4. In accordance with the Federal Law of May 2, 2006 N 59-FZ "On the procedure for considering applications from citizens of the Russian Federation", electronic applications are registered within three days and sent depending on the content in structural units Ministries. The appeal is considered within 30 days from the date of registration. Electronic appeal, containing questions, the solution of which is not within the competence of the Ministry of Construction of Russia, is sent within seven days from the date of registration to the appropriate body or the corresponding official, whose competence includes resolving the issues raised in the appeal, with notification of this to the citizen who sent the appeal.

5. An electronic appeal is not considered when:
- the absence of the name and surname of the applicant;
- indication of an incomplete or inaccurate postal address;
- the presence of obscene or offensive expressions in the text;
- the presence in the text of a threat to the life, health and property of an official, as well as members of his family;
- using a non-Cyrillic keyboard layout or only capital letters when typing;
- the absence of punctuation marks in the text, the presence of incomprehensible abbreviations;
- the presence in the text of a question to which the applicant has already received a written answer on the merits in connection with previously sent appeals.

6. The response to the applicant is sent to postal address specified when filling out the form.

7. When considering an appeal, it is not allowed to disclose the information contained in the appeal, as well as information relating to privacy citizen without his consent. Information about the personal data of applicants is stored and processed in compliance with the requirements of Russian legislation on personal data.

8. Appeals received through the site are summarized and submitted to the leadership of the Ministry for information. The answers to the most frequently asked questions are periodically published in the sections "for residents" and "for specialists"

Explanatory note

to the draft resolution of the Government of the region

“On approval of the regulation on the procedure for applying for citizens applying for

for conferring the title of "Veteran of Labour", presenting citizens with a certificate "Veteran of Labour" and issuing a duplicate of the said certificate"

This draft resolution of the Government of the region was developed in connection with the adoption of the law of the region dated July 4, 2014 No. 3399-OZ “On the procedure and conditions for conferring the title “Veteran of Labor” (hereinafter - the law of the region No. 3399-OZ), paragraph 2 of Article 4 of which establishes, that the procedure for applying for citizens applying for the title of "Veteran of Labor", a sample application, the procedure for handing citizens a certificate "Veteran of Labor" and issuing a duplicate of the said certificate is established by the Government of the region.

The proposed project provides for the application of applicants for the award of the title of "Veteran of Labor" with the documents necessary for the award of the title of "Veteran of Labor", the list of which is provided for in Article 3 of the law of the region No. 3399-OZ, to the authorities local government municipal districts and urban districts of the region, collecting and verifying the documents necessary for conferring the title of "Veteran of Labor" and issuing a certificate "Veteran of Labor" in accordance with the law of the region dated December 17, 2007 No. 1718-OZ "On vesting local governments with certain state powers of the region " or in Multifunctional Center.

Department social protection of the population of the region ensures the organization of work on the issuance of certificates "Veteran of Labor", namely, the reception, verification and storage of documents necessary for conferring the title "Veteran of Labor", the preparation of draft orders of the Governor of the region on conferring the title "Veteran of Labor", issuing certificates, transferring certificates to local self-government bodies of municipal districts and urban districts of the region for issuance to applicants.

The project established the procedure for issuing a duplicate certificate "Veteran of Labour". Replacement (issuance of duplicates) certificates "Veteran of Labor" is carried out on the basis of the decision of the Department, issued in the form of an order.

The proposed project establishes sample applications for the applicant, the representative of the applicant for the title of "Veteran of Labor" and the issuance of the certificate "Veteran of Labor", as well as for the replacement (issuance of a duplicate) of the certificate "Veteran of Labor".

This draft resolution proposes to recognize as invalid:

Decree of the Regional Government dated December 27, 2006 No. 1416
“On approval of the regulation on the procedure and conditions for conferring the title “Veteran of Labour”, with the exception of paragraph 5;

Decree of the Government of the region dated May 6, 2011 No. 470

"On amendments to certain resolutions of the Government of the region";

“On Amendments to the Decree of the Government of the Region dated December 27, 2006 No. 1416”;

The adoption of this draft resolution of the Government of the region will not require additional expenditures from the regional budget, as well as changes or adoption of other regulatory legal acts.

RESOLUTION
GOVERNMENTS OF THE VOLOGDA REGION

From _____________________ ______________

Vologda

On approval of the regulation on the procedure for applying for the title of "Veteran of Labour", awarding the certificate "Veteran of Labour" to citizens and issuing a duplicate of the said certificate

In pursuance of article 4 of the law of the region dated July 4, 2014 No. 3399-OZ
“On the procedure and conditions for conferring the title of “Veteran of Labor”

Regional government DECIDES:

1. Approve the regulation on the procedure for applying for the title of "Veteran of Labour", awarding the certificate "Veteran of Labour" to citizens and issuing a duplicate of the said certificate (attached).

2. Assign the responsibility for issuing certificates of "Veteran of Labor" to the Department of Social Protection of the Population of the Region (L.V. Kamanina).

3. The Department of Social Protection of the Population of the Region (L.V. Kamanina) to ensure the organization of work on the issuance of certificates "Veteran of Labor" (reception, verification and storage of documents necessary for conferring the title "Veteran of Labor", preparation of draft orders of the Governor of the region on conferring the title " Veteran of Labour”, registration of certificates, transfer of certificates to local authorities of municipal districts and urban districts of the region, exercising certain state powers in the field of social protection of the population of the region, for issuance to applicants).

4. Local self-government bodies of municipal districts and urban districts of the region, exercising certain state powers in the field of social protection of the population of the region:

4.1. Organize the collection of documents necessary for conferring the title of "Veteran of Labour", their verification and issuance of certificates to applicants.

4.2. Carry out explanatory work on the procedure for applying for the title of "Veteran of Labour", handing citizens a certificate "Veteran of Labour" and issuing a duplicate of this certificate through public organizations and in the media.

5. Recognize as invalid:

Decree of the Regional Government dated February 24, 2009 No. 311
"On amendments to certain resolutions of the Government of the region";

Decree of the Government of the region dated May 6, 2011 No. 470 “On amendments to the decree of the Government of the region dated December 27, 2006
No. 1416";

Decree of the Government of the region of September 2, 2011 No. 1072
"On amendments to certain resolutions of the Government of the region";

Decree of the Government of the region dated December 24, 2012 No. 1525
“On Amendments to the Decree of the Government of the Region dated December 27, 2006 No. 1416”;

Decree of the Government of the region dated January 13, 2014 No. 12
"On Amendments to the Decree of the Government of the Region dated December 27, 2006 No. 1416".

6. This resolution comes into force ten days after the day of its official publication.

Interim Acting

Governor of the region O.A. Kuvshinnikov

Position

on the procedure for applying for citizens applying for the title

"Veteran of Labour", presentation of the certificate "Veteran of Labour" to citizens

and issuance of a duplicate of the said certificate
1. The regulation on the procedure for applying for citizens applying for the title of "Veteran of Labour", presenting citizens with a certificate "Veteran of Labor" and issuing a duplicate of the said certificate (hereinafter referred to as the Regulation) was developed in accordance with article 4 of the law of the region dated July 4, 2014 No. 3399- OZ
“On the procedure and conditions for conferring the title of “Veteran of Labor” (hereinafter - the law of the region No. 3399-OZ).

2. The title of "Veteran of Labor" is assigned by order of the Governor of the region.

3. Persons applying for the title of "Veteran of Labour" (hereinafter referred to as the applicants) apply for the award of the title, drawn up according to the model in accordance with Appendix 1 to this Regulation, and the documents provided for in Article 3 of the Law of the Region No. 3399-OZ to the local authorities self-governments of municipal districts and urban districts of the region, endowed with separate state powers in the field of social protection of the population of the region to collect and verify documents necessary for conferring the title of "Veteran of Labor", issuing certificates of "Veteran of Labor" to applicants, (hereinafter referred to as the authorized bodies in the field of social protection population) or to a multifunctional center at the place of residence.

Persons who do not have registration at the place of residence in the Vologda Oblast, in addition to the application and documents provided for in Article 3 of the regional law No. 3399-OZ, submit a copy of the document confirming the place of residence in the territory of the Vologda Oblast - a certificate of registration at the place of residence or a court decision on the establishment of the legal fact of residence on the territory of the Vologda Oblast.

4. In the case of applying for the title of "Veteran of Labor" of the applicant's representative, they submit an application for the title, drawn up according to the model in accordance with Appendix 2 to this Regulation.

In addition to the documents to be submitted by the applicant, the representative of the applicant shall submit:

5. Copies of documents are submitted with the presentation of originals or certified by a notary. When submitting copies of documents with originals, the specialist of the authorized body in the field of social protection of the population (multifunctional center), who receives documents, makes a note on the copy that it corresponds to the original and returns the original to the applicant (representative of the applicant).

6. An application for conferring a title is registered by a specialist of the authorized body in the field of social protection of the population (multifunctional center) on the day the applicant (representative of the applicant) submits an application for conferring the title and all required documents provided for in paragraphs 3 and 4 of this Regulation (when sent by mail - on the day of receipt by the authorized body in the field of social protection of the population (multifunctional center)).

If the application for awarding the title (including the one received by mail) is not attached or not all the documents provided for in paragraphs 3 and 4 of these Regulations are attached, the specialist of the authorized body in the field of social protection of the population (multifunctional center) returns to the applicant (representative of the applicant) an application for conferring a title and the submitted documents on the day of submitting an application for conferring a title (if an application for conferring a title is received by mail - within 5 working days from the date of receipt of an application for conferring a title). The return of the application for awarding the title and the documents attached to it is carried out indicating the missing documents, in a way that allows confirming the fact and date of return.

7. If a citizen submits an application for conferring a title to a multifunctional center, a specialist of a multifunctional center compiles an inventory of documents received from a citizen, and within two working days from the date of filing an application for conferring a title, along with the documents provided for in paragraphs 3 and 4 of this Regulation, sends to the relevant authorized body in the field of social protection of the population.

8. In applications for conferring the title of persons who are pensioners, a specialist of the authorized body in the field of social protection of the population makes an entry about their work experience based on the database of pension recipients or on the basis of a certificate from the bodies providing them with pensions.

In applications for conferring the title of persons who are not pensioners, a specialist of the authorized body in the field of social protection of the population makes a note about the applicant's work experience on the day of filing an application for conferring the title on the basis of documents confirming seniority.

In applications for conferring the title of persons who started labor activity under the age of majority during the Great Patriotic War (from June 22, 1941 to May 9, 1945) and having a work experience of at least 40 years for men and 35 years for women, a specialist of the authorized body in the field of social protection of the population indicates the date of commencement of labor activity and total work experience confirmed work books, certificates issued by archival institutions and organizations.

9. The authorized body in the field of social protection of the population, within 10 working days from the date of registration of the application for conferring the title, draws up a list of persons applying for the title "Veteran of Labour", and together with the documents provided for in paragraphs 3 and 4 of this Regulation, and sends photographs to the Department of Social Protection of the Population of the Region (hereinafter referred to as the Department).

10. The Department checks the submitted documents, within 20 working days from the date of their receipt, prepares a draft order of the Governor of the region on conferring the title of "Veteran of Labour".

11. If there are contradictions in the information contained in the submitted documents, or if the applicant does not have the right to confer the title "Veteran of Labor", the Department refuses to award the title "Veteran of Labor" and within 20 working days from the date of receipt of documents by the Department notifies the applicant ( representative of the applicant) and authorized bodies in the field of social protection of the population about decision indicating the grounds for refusal.

12. The certificate "Veteran of Labor" of the established form is issued in accordance with the Instruction on the procedure for filling out, issuing and accounting for certificates of a veteran, approved by Decree of the Government of the Russian Federation of April 27, 1995 No. 423.

Entries made in the certificate are certified by facsimile reproduction of the signature of the head of the Department and official seal Department.

13. The Department keeps records of issued certificates "Veteran of Labour", within 15 working days from the date of entry into force of the order of the Governor of the region on conferring the title of "Veteran of Labour", draws up certificates and sends issued certificates to the authorized bodies in the field of social protection of the population.

The authorized bodies in the field of social protection of the population, within 2 working days from the date of receipt of issued certificates from the Department, send certificates to the multifunctional center for issuance to citizens who have applied for a title to the multifunctional center.

14. The authorized bodies in the field of social protection of the population, the multifunctional center, within 3 working days from the date of receipt of the issued certificates, inform the applicants (representatives of the applicants) about this and, when the applicants (representatives of the applicants) apply, they issue certificates against signature in the registration book for the issuance of certificates "Veteran labor" in the form in accordance with Appendix 3 to this Regulation.

15. In case of change of name (last name, first name and (or) patronymic) by persons holding the “Veteran of Labour” certificate, the previously issued certificates are replaced.

If the certificate "Veteran of Labor" has become unusable or lost, then a duplicate certificate is issued.

Replacement of certificates and issuance of duplicate certificates is carried out on a declarative basis.

16. Persons applying for a replacement certificate "Veteran of Labor" or obtaining a duplicate of the certificate "Veteran of Labor", submit to the authorized bodies in the field of social protection of the population (multifunctional centers) at the place of residence (place of stay) an application for replacement (issuance of a duplicate) of the certificate, issued according to the model in accordance with Appendix 4 to this Regulation, a copy of the passport (pages containing information about the identity of the applicant) and a 3 x 4 cm photograph (on reverse side photo, the applicant indicates the surname, name, patronymic of the owner).

Persons applying for a replacement certificate "Veteran of Labor", additionally submit documents on state registration acts civil status, confirming the change of name (surname, first name and (or) patronymic) - marriage certificate, certificate of name change and (or) others.

If the certificate is lost, in addition to the application for replacement (issuance of a duplicate) of the certificate, an explanation of the applicant about the circumstances of its loss is attached.

17. In the case of applying for a certificate "Veteran of Labor" instead of a previously issued certificate or a duplicate of the certificate "Veteran of Labor" of the representative of the applicant, they submit an application drawn up according to the model in accordance with Appendix 5 to this Regulation.

In addition to the documents specified in paragraph 16 of these Regulations, the representative of the applicant shall submit:

a) a copy of the identity document of the representative;

b) a copy of the document confirming the authority of the representative.

18. In case of replacement of the certificate or if the certificate has become unusable, it is handed over together with an application for replacement (issuance of a duplicate) of the certificate. Replaced and worn out certificates after reissuance to new ones are subject to destruction, about which the Department draws up an appropriate act.

19. An application for the replacement (issuance of a duplicate) of the certificate is registered by the authorized body in the field of social protection of the population (multifunctional center) on the day the applicant (representative of the applicant) submits an application for the replacement (issuance of a duplicate) of the certificate and all necessary documents provided for in paragraphs 16 - 18 of this Regulation (when sent by mail - on the day of receipt by the authorized body in the field of social protection of the population (multifunctional center).

If the application for the replacement (issuance of a duplicate) of the certificate (including the one received by mail) is not attached or not all the documents provided for in paragraphs 16-18 of this Regulation are attached, the authorized body in the field of social protection of the population (multifunctional center) returns to the applicant ( representative of the applicant) an application for replacement (issuance of a duplicate) of the certificate and the submitted documents on the day of submission of an application for the replacement (issuance of a duplicate) of the certificate (upon receipt of an application for the replacement (issuance of a duplicate) of the certificate by mail - within 5 working days from the date of receipt of the application for replacement (issuance of a duplicate) certificate). The return of the application for the replacement (issuance of a duplicate) of the certificate and the documents attached to it is carried out indicating the missing documents, in a way that allows confirming the fact and date of return.

20. If a citizen submits an application for the replacement (issuance of a duplicate) of a certificate to a multifunctional center, a specialist of the multifunctional center compiles an inventory of documents received from a citizen, and within 2 working days from the date of submission of the application, along with the documents provided for in paragraphs 16 - 18 of this Regulation, and sends a photo to the relevant authorized body in the field of social protection of the population.

21. The authorized body in the field of social protection of the population, within 10 working days from the date of registration of the application for replacement (issuance of a duplicate) of the certificate, draws up a list of persons for the replacement (issuance of a duplicate) of the certificate "Veteran of Labor" and, together with the documents provided for in paragraphs 16 - 18 of this Regulations, and sends photographs to the Department.

22. Replacement (issuance of duplicates) certificates "Veteran of Labor" is carried out on the basis of the decision of the Department, issued in the form of an order.

The Department, within 10 working days from the date of receipt of the submitted documents, checks them and issues an order on the replacement (issuance of duplicates) of the “Veteran of Labor” certificates.

23. In a certificate issued in exchange for a previously issued certificate, the note "Issued to replace a certificate of the series ... No. ..." is made.

A duplicate of the certificate is marked “Duplicate. Issued to replace certificate of series ... No. ...".

Issuance of certificates in exchange for previously issued and duplicate certificates is carried out within 15 working days from the date of issuance of the Department's order in the manner prescribed by paragraphs 13, 14 of this Regulation.

24. Actions (inaction), decisions of authorized bodies in the field of social protection of the population, the Department, their officials and employees can be appealed in the order of pre-trial (out-of-court) appeal in accordance with the Federal Law of July 27, 2010 No. 210-FZ "On the organization of the provision of state and municipal services" or in court.

Attachment 1

to the Regulation
Sample

STATEMENT
I ask you to give me the title of "Veteran of Labor" and issue a certificate.

4. ______________________________________________________________________
"__" ___________ 201_

(date of application)

"__" ___________ 201_

(date of receipt of the application)

in the field of social protection of the population

The length of service is

________________________________________________________________________.

Appendix 2

to the Regulation
Sample

STATEMENT
I ask you to assign the title of "Veteran of Labor" and issue a certificate _________

living (s) at the address: ______________________________________________

________________________________________________________________________,

phones: work. __________________________, House. ___________________________

I am enclosing the following documents with my application:

1. ______________________________________________________________________

2. ______________________________________________________________________

3. ______________________________________________________________________
"__" ___________ 201_

(date of application)

"__" ___________ 201_

(date of receipt of the application)
Signature of a specialist of the authorized body

in the field of social protection of the population

(multifunctional center) ___________________________
To be filled in by a specialist of the authorized body in the field of social protection of the population:

The length of service is

________________________________________________________________________.

Start date of employment

________________________________________________________________________.

(for persons who started their labor activity at a minor age during the Great Patriotic War)

Appendix 3

to the Regulation
The form
BOOK

accounting for the issuance of certificates "Veteran of Labor"

Appendix 4

to the Regulation
Sample

STATEMENT
I ask you to replace the certificate (issue a duplicate certificate) "Veteran of Labour". I am enclosing the following documents with my application:

1. ____________________________________________________________________

2. ____________________________________________________________________

3. ____________________________________________________________________
"__" ___________ 201_

(date of application)
Applicant's signature ____________________
"__" ___________ 201_

(date of receipt of the application)
Signature of a specialist of the authorized body

in the field of social protection of the population

(multifunctional center) ___________________________

Appendix 5

to the Regulation
Sample

STATEMENT
I ask you to replace the certificate (issue a duplicate certificate) "Veteran of Labor" __________________________________________________________________,

(surname, name, patronymic of the citizen - principal)

living (s) at the address: __________________________________________________________

__________________________________________________________________________________,

phones: work. ___________________________, House. _____________________________.
I am enclosing the following documents with my application:

1. ______________________________________________________________________

2. ______________________________________________________________________

3. ______________________________________________________________________
"__" ___________ 201_

(date of application)
Signature of the applicant's representative ____________________
"__" ___________ 201_

(date of receipt of the application)
Signature of a specialist of the authorized body

in the field of social protection of the population

(multifunctional center) _____________________.

usd cb 66.5002

eur CB 73.0638

afternoon
at night

Sun.
Zach.

18+

Explanatory note to the draft resolution of the Government of the Russian Federation

The assignment of the academic titles of associate professor and professor and the approval of the forms of documents submitted for consideration of the issue of awarding academic titles are carried out by the federal executive body that exercises the functions of developing state policy and legal regulation in the field of scientific and scientific and technical activities.

EXPLANATORY NOTE

to the draft resolution of the Government of the Russian Federation

"On approval of the Regulations on the Higher Attestation Commission under the Ministry of Education and Science of the Russian Federation"

The draft resolution of the Government of the Russian Federation "On approval of the Regulations on the Higher Attestation Commission under the Ministry of Education and Science of the Russian Federation" (hereinafter referred to as the draft resolution) was developed by the Ministry of Education and Science of Russia in pursuance of Article 41 of the Federal Law of July 2, 2013 No. 185-FZ "On Amendments into certain legislative acts of the Russian Federation and invalidation of legislative acts (certain provisions of legislative acts) of the Russian Federation in connection with the adoption of the Federal Law "On Education in the Russian Federation" (hereinafter - Federal Law No. 185-FZ), which amends the Federal Law dated August 23, 1996 No. 127-FZ “On Science and State Scientific and Technical Policy” (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 1996, No. 35, Art. 4137; 1998, No. 30, Art. 3607; No. 51, Art. 6271 ; 2000, No. 2, item 162; 2001, No. 1, item 20; 2004, No. 35, item 3607; 2005, No. 27, item 2715; 2006, No. 1, item 10; No. 50, item 5280, 2007, No. 49, item 6069, 2 008, no. 30, art. 3616; 2009, no. 1, art. 17; No. 7, art. 786; No. 31, art. 3923; No. 52, art. 6434; 2010, no. 19, art. 2291; No. 31, art. 4167; 2011, no. 10, art. 1281; No. 30, art. 4596; Art. 4597; Art. 4602; No. 45, art. 6321, No. 49, Art. 7063; 2012, no. 31, art. 4324; No. 50, art. 6963) in terms of state scientific certification, and the list of instructions of the Chairman of the Government of the Russian Federation dated March 30, 2013 No. DM-P8-2007.

Article 41 of Federal Law No. 185-FZ establishes that the procedure for awarding academic degrees, including the criteria that dissertations for academic degrees must meet, the procedure for submitting, defending dissertations for academic degrees, the procedure for deprivation, the restoration of academic degrees, consideration of appeals, the procedure for considering The Higher Attestation Commission under the federal executive body that carries out the functions of developing state policy and legal regulation in the field of scientific and scientific and technical activities (hereinafter referred to as the Commission), dissertations for the degree of candidate of science, dissertations for the degree of doctor of science and attestation cases, the procedure for conferring academic titles of associate professor and professor, including the criteria for conferring academic titles, requirements for persons applying for the assignment of academic titles, the procedure for considering attestation cases for the assignment of academic titles, the grounds and procedure for deprivation, restoration and academic titles are established by the Government of the Russian Federation.

The draft resolution establishes the relevant powers and rights of the Commission as a body created to ensure state scientific certification.

In accordance with paragraph a) of the list of instructions of the Chairman of the Government of the Russian Federation dated March 30, 2013 No. DM-P8-2007, the Ministry of Education and Science held a public discussion of the possibility of regular rotation of members of the Commission (the corresponding draft concept for the modernization of the system prepared by the Ministry of Education and Science of the Russian Federation certification of highly qualified scientific personnel in the Russian Federation, supported by the decision of the Presidium of the Commission dated April 12, 2013 No. 15/22 on April 18, 2013 was posted on the official website of the Russian Ministry of Education and Science on the Internet for public discussion for a period of 30 days).

Based on the results of this public discussion, the draft resolution establishes that the composition of the Commission is approved by the Government of the Russian Federation for a period of 4 years, upon the next approval by the Government of the Russian Federation, the composition of the Commission is updated by at least 50 percent, while a member of the Commission cannot perform his functions for more than 2 terms in a row .

The adoption of the resolution will not require the allocation of additional appropriations from the federal budget.

Director of the Department for Certification of Scientific and Scientific and Pedagogical Workers

I.A. Shishkanova

SEND:


Follow @chaskor

CyberLibrary

Open science, a bit of communism and the fight against plagiarism

Repeated statements by D.A. Medvedev on the need to speed up the process of introducing anti-plagiarism technologies in Russia in the scientific and educational sphere and creating a public knowledge bank with tools for public expert discussion scientific works (scientific articles, diplomas, dissertations, etc.) find a concrete embodiment. Free scientific research is gaining momentum on the web e-library CyberLeninka.

19.11.2013 15:09

Calendar

Oleg Davydov

Wheel of Catherine

Current of suffering flowing through time

On December 7, the Orthodox Church celebrates the day of memory of the Great Martyr Catherine of Alexandria. This saint was considered in Russia the patroness of weddings and pregnant women. On her day, the girls wondered about the betrothed, and the guys arranged sled races (and therefore Catherine was called Sannitsa). All in all, it was one of the most fun holidays of the year. However, there is nothing funny in the story of Catherine.

Eve Fairbanks

The achievements of Nelson Rolilahla Mandela, South Africa's first democratically elected president, placed him on a par with the likes of George Washington and Abraham Lincoln and introduced rare individuals into the pantheon who, with their deep insight and clear vision of the future, transformed entire nations. Jailed for 27 years by South Africa's white minority, Mandela came out of prison in 1990, ready to forgive his oppressors and use his power not for revenge, but to create a new country based on racial reconciliation.

EXPLANATORY NOTE

The federal law "On free legal aid in the Russian Federation" provides for the participation of a lawyer in the provision of free legal aid within the framework of the state system of free legal aid.

As part of the monitoring carried out by the Ministry of Justice of Russia on the implementation of the Federal Law of May 31, 2002 “On Advocacy and Advocacy in the Russian Federation”, the Code of Professional Ethics of a Lawyer, the Federal Law “On Free Legal Aid in the Russian Federation”, data are collected and summarized on the number of cases provision of free legal assistance by state legal bureaus of the constituent entities of the Russian Federation and lawyers, including information on the presence of complaints against actions (inaction) of lawyers in the framework of the provision of free legal assistance.

The results of the monitoring, as well as the inclusion of these indicators in the state program, are the basis for continuing work to improve the legal regulation in the field of qualified legal assistance, which provides, in particular, for citizens to have access to qualified legal assistance and strict compliance by lawyers in their professional activities with the norms of the law and professional ethics.

Exclusion from subprogram 1 of the indicator “Volume legal services(assistance) provided by lawyers free of charge (in kind)” is proposed to be implemented on the following grounds.

Information on the number of cases in which a lawyer participated in criminal and administrative proceedings by appointment (free of charge) is taken into account by the bar associations of the constituent entities of the Russian Federation. There is currently no single practice for keeping records of such cases, while the territorial bodies of the Ministry of Justice of Russia are not empowered to request this information. Within the framework of civil proceedings, the participation of a lawyer in the provision of qualified legal assistance is carried out in accordance with the order of the Ministry of Justice of Russia (on the forms of documents for the participation of lawyers in state system provision of free legal assistance), and is subject to referral to the territorial bodies of justice in the prescribed manner. The above indicator is proposed to be replaced by the “Volume (quantity) of legal assistance provided by state legal bureaus free of charge, in the manner prescribed by the Federal Law “On Free Legal Aid in the Russian Federation”.

For similar reasons, it is proposed to adjust the indicator “The share of services provided to citizens of the Russian Federation free of charge in cases provided for by the legislation of the Russian Federation in the total volume of services provided by lawyers” and replace it with: “The number of complaints against lawyers providing free legal assistance in the manner prescribed Federal Law "On Free Legal Aid in the Russian Federation".

The indicator "Proportion of citizens satisfied with the quality of legal services (assistance) out of the total number of citizens who applied to lawyers" is subject to exclusion for the following reasons. This indicator was introduced into the program in connection with the Decree of the President of the Russian Federation of May 7, 2012 No.
No. 000, according to which state and municipal services. Provision of legal services (assistance) to citizens by virtue of the provisions of the Federal Law of 01.01.01 "On the Bar and Lawyer Activities in the Russian Federation", the Federal Law
"On Free Legal Aid in the Russian Federation", departmental acts of the Ministry of Justice of Russia does not apply to state (municipal) services.

The indicator "Number of lawyers in the Russian Federation" will allow tracking the dynamics of the increase in the number of lawyers by 2020. The availability of qualified legal assistance directly depends
on the number of the legal community and on the professional level of lawyers.

The Ministry of Justice of the Russian Federation, together with the Federal Chamber of Lawyers of the Russian Federation, as well as other interested participants in the legal services market, are currently discussing conceptual approaches to the development of the legal profession and the legal services market
in the Russian Federation as a whole, and work continues to formulate proposals that could form the basis of the Concept.

Within the framework of the III St. Petersburg International Legal Forum, a discussion of the issue of reform was held within the framework of a round table on the topic: "Unifying the Russian legal profession - possible problems of integration, which will allow lawyers to work within a regulated structure." At the VI All-Russian Congress of Lawyers, held on April 22, 2013, amendments were made to the Code of Professional Ethics of Lawyers, concerning, among other things, the quality of legal assistance provided by lawyers, as well as the responsibility of lawyers for violating the law in the field of advocacy.

In pursuance of paragraph 36 of the Plan of Legislative Activities of the Government of the Russian Federation for 2014, approved by the Decree of the Government of the Russian Federation dated December 30, 2013, a draft Federal Law “On Amendments to Certain Legislative Acts of the Russian Federation in Part of Ensuring the Lawyer’s Right to Gather Information Necessary to provide legal assistance” (hereinafter referred to as the bill).
This bill is currently being prepared for introduction
to the Government of the Russian Federation. The bill provides, among other things, for the introduction of amendments to the Federal Law of 01.01.01 No. 63-FZ
"On advocacy and advocacy in the Russian Federation".

In connection with the need to develop a single agreed position
with the Federal Chamber of Lawyers of the Russian Federation, interested federal executive authorities, judicial authorities and other interested bodies and organizations on the main provisions and stages of development of the Concept, completion of work on the development of the main provisions of the Concept is objectively possible no earlier than the second half of 2015. In addition, the previously announced the provisions of the Concept currently being discussed with interested federal executive authorities and organizations do not fully meet ultimate goal reform of the judiciary, which will require time for its further development.

In accordance with the instructions of the President of the Russian Federation to unite the Supreme Court of the Russian Federation and the Supreme Arbitration Court of the Russian Federation, work is underway to reform judicial system. In this regard, decisions can also be made aimed at developing the legal profession.

The Ministry of Justice of Russia continues to work on summarizing and studying the opinion of the professional legal community regarding such aspects
how professional ethics in the legal profession, disciplinary practice, lawyer monopoly, privileges and guarantees for a lawyer in criminal proceedings, other issues of regulation of lawyer activity.

Due to the need to determine the final version of the Concept for reforming the bar and the format for its discussion, the deadline for the implementation of this measure has been extended until December 31, 2015.

In addition, work on the development of a draft federal law on professional legal assistance in the Russian Federation, aimed at optimizing the procedure for admission to the profession of a lawyer and standardizing the market for professional legal assistance, can only be started after the completion of the coordination and approval of the Concept. In the state program, the term for the development of the federal law is proposed to be set for 2017.

The Ministry of Justice of the Russian Federation prepared and sent for approval to the interested executive authorities of the Russian Federation a draft resolution of the Government of the Russian Federation
"On Amendments to the Decree of the Government of the Russian Federation
dated December 1, 2012 No. 000 “On the procedure and amount of compensation for procedural costs associated with criminal proceedings, costs in connection
with the consideration of a civil case, as well as expenses in connection with the fulfillment of the requirements of the Constitutional Court of the Russian Federation and on the invalidation of certain acts of the Council of Ministers of the RSFSR and the Government of the Russian Federation.

The draft resolution has been prepared for the purpose of legislative resolution of legal conflicts in the procedure for calculating and the amount of compensation to lawyers for the procedural costs associated with the proceedings in a criminal case, and the costs in connection with the consideration of a civil case, as well as issues related to the peculiarities of reimbursement of expenses for the production of a forensic examination in criminal cases. and civil affairs.

Similar changes are subject to inclusion in the order of the Ministry of Justice of Russia
and the Ministry of Finance of Russia. The expected date for the adoption of the resolution is February 2015,
order of the Ministry of Justice of Russia and the Ministry of Finance of Russia - I half of 2015

Exclusion from the passport of the state program of the task “Improving the status of lawyers in the professional legal community by creating a mechanism for regular professional development and qualification confirmation, as well as putting into effect effective mechanism exclusion from the profession” and the task “Development and maintenance of competition in the market of professional legal services by restricting access to the market for unscrupulous participants” seems to be rational and expedient due to the lack of a legally regulated mechanism for their implementation. Principles for the provision of qualified legal assistance, unified mandatory requirements for the subjects of the provision of qualified legal assistance in an unlimited range legal issues and a number of others will be defined in the draft concept of reforming the legal services market.

The state program provides for the adoption of the federal law “On Notaries and Notarial Activities in the Russian Federation” and the introduction of a unified non-budget model of notaries throughout the Russian Federation, optimization of the procedure for admission to the profession of a notary, detailed regulation of notarial activities, ensuring the availability of notarial assistance for citizens and organizations, increasing the role of the institution of notaries in the Russian Federation, detailed regulation of the procedure (rules) for the performance of all notarial acts, improvement of control in the field of notaries (deadline - 2014).

The proposed change provides the creditor with additional opportunities to protect his rights, allowing him to leave the seized property of the debtor, which is of particular value to the creditor, to pay off the amount of the recovery under the executive document.

The postponement to 2015 is due to the fact that the draft federal law is currently under development.

In addition, the Ministry of Justice of Russia was considering the issue of amending Article 315 of the Criminal Code of the Russian Federation in terms of establishing criminal liability for citizens for failure to comply with a court order in a civil case (with the exception of court decisions relating to disputes about children) or judicial acts of an arbitration court obliging to commit non-property actions. Currently, a draft federal law has been developed “On Amendments to the Criminal Code of the Russian Federation, the Code of Criminal Procedure of the Russian Federation, the Penitentiary Code of the Russian Federation and the Federal Law “On Enforcement Proceedings” (on the issue of improving the procedure for the execution of a fine imposed as a punishment for committing a crime).

The Federal Law of December 8, 2003 “On Bringing the Code of Criminal Procedure of the Russian Federation and Other Legislative Acts into Line with the Federal Law “On Amendments and Additions to the Criminal Code of the Russian Federation” amended Articles 31 and 32 of the Criminal Executive Code of the Russian Federation changes that exclude the possibility of forcible collection of a fine for a crime, including by foreclosing the property of the convict, with the exception of a fine imposed as an additional punishment. In addition, such a qualifying sign of “maliciousness” of evading the payment of a fine was excluded as the convict concealing his income and property from forcible recovery. With this in mind, at present, the "maliciousness" of the convict's evasion of payment is characterized by one single sign - the fact of non-payment of a fine for a crime on time, statutory or a judicial act on installment payment.

In this regard, the use in the Criminal Code of the Russian Federation
and the Criminal Executive Code of the Russian Federation, the term "malicious" in relation to non-execution of a fine for a crime is unreasonable
and creates difficulties and ambiguities in law enforcement, since the concept of "malicious" implies the presence of a combination of several signs of actions or their repetition. Thus, the analysis of law enforcement showed that despite the clarification of the issues of execution of a fine for a crime in the decision of the Plenum of the Supreme Court of the Russian Federation dated December 3, 2013 No. 33, there is no uniform practice on these issues. In this regard, the draft law proposes to exclude the term “in case of malicious evasion from serving it” from the Criminal Code of the Russian Federation and the Penitentiary Code of the Russian Federation. Based on the above, appropriate changes are made to Appendix 3 to the state program.

The Ministry of Justice of Russia also prepared a draft federal law
“On Amendments to Certain Legislative Acts of the Russian Federation (with regard to the creation additional conditions improving the efficiency of execution of enforcement documents on the recovery of alimony)”, prepared in order to create additional guarantees for children to receive funds for maintenance
from parents and the encouragement of parents to conscientious performance parental responsibilities for the maintenance of minor children.

In particular, the bill proposes to give the bailiff the right to establish a ban on the commission of legally significant actions that lead to the complete or partial loss of the ability of the claimant to obtain satisfaction of the requirements of the enforcement document for the recovery of alimony at the expense of the debtor's property. Such a ban can be established only in cases where the debtor has debts on maintenance payments, the amount of which is twice the subsistence minimum, and the amount of wages and other income of the debtor will not allow paying off the debt within two months.

The procedure for collecting debts proposed by the draft law will ensure the regularity of alimony payments and create additional motivation for the debtor to timely pay funds for the maintenance of children. The postponement to 2015 is due to the fact that work on the bill has not been completed.

The exclusion of paragraph 16 from Appendix 3 is due to the fact that the issue of vesting the FSSP of Russia with the authority to carry out operational-search activities will be possible after the FSSP of Russia is classified as a different type public service.

The exclusion of paragraph 17 of Annex 3 is due to the fact that the Ministry of Justice of Russia was considering the issue of assigning to the FSSP of Russia the function of ensuring the protection of detainees, suspects and defendants taken to court buildings for procedural actions, the implementation of access control in courts, ensuring the physical protection of judges and participants lawsuits. However, the proposal was not supported by the Ministry of Finance of Russia, as the change would lead to an increase headcount bailiffs and, accordingly, an additional need for budget allocations.

In pursuance of paragraph 1 of the list of instructions of the President of the Russian Federation dated May 27, 2014 No. Pr-1189, an approach has been developed according to which, from January 1, 2016, it is planned to exclude service in the FSSP of Russia from the system of the state civil service and attribute service to the positions of a bailiff to special kind public service of the Russian Federation.

This proposal of the Government of the Russian Federation was supported by the Administration of the President of the Russian Federation. Based on the foregoing, paragraphs 19, 21-33 of Appendix 3 are combined and set out in a new edition.

Given the continued work to improve the legislation of the Russian Federation in terms of regulating the procedure for the execution of judicial acts, acts of other bodies and officials and the activities of the Federal Bailiff Service of Russia, its codification will be possible only after the completion of the relevant measures. In this regard, the deletion of paragraph 18 is also proposed.
applications 3 to the state program.

In accordance with the requirements of the Order, subprogram 4 is also divided into 3 main activities aimed at achieving its goals and objectives and reflecting its complex nature.

Information on the resource provision of the state program is proposed to be adjusted in accordance with federal law about federal budget for 2015 and for the planning period of 2016 and 2017.

GOVERNMENT OF THE RUSSIAN FEDERATION

RESOLUTION

from "__" ________, No. ___

On Amendments to Certain Acts of the Government of the Russian Federation

The Government of the Russian Federation decides:

1. Approve the attached changes that are made to the acts of the Government of the Russian Federation.

2. The implementation of this resolution is carried out by federal executive bodies within the established number of employees of their central offices and territorial bodies, as well as budget appropriations provided by him in the federal budget for leadership and management in the field of established functions.

Prime Minister D. Medvedev

Russian Federation

Approved

Government Decree

Russian Federation

dated _________ 2018 No. _____

Changes that are made to the acts of the Government of the Russian Federation

1. 1. In the Rules for the preparation and adoption of a decision on the provision of a water body for use, approved by Decree of the Government of the Russian Federation dated December 30, 2006 No. 844 "On the procedure for preparing and making a decision on the provision of a water body for use" (Collection of Legislation of the Russian Federation, 2007, No. 1, article 295; 2009, No. 10, article 1237; 2012, No. 43, article 5875; 2013, No. 22, article 2816; 2014, No. 21, article 2699; 2015, No. 40, 5562):

subparagraph "h" of paragraph 10 shall be supplemented with paragraph two of the following content:

2. In the Rules for the preparation and conclusion of a water use agreement, the right to conclude which is acquired at an auction, approved by Decree of the Government of the Russian Federation dated April 14, 2007 No. 230 “On a water use agreement, the right to conclude which is acquired at an auction, and on holding an auction” ( Collection of Legislation of the Russian Federation, 2007, No. 17, item 2046; 2008, No. 11, item 1033; 2009, No. 18, item 2248; 2012, No. 38, item 5121, No. 43, item 5875; 2013, No. 22, article 2816; 2015, No. 40, article 5562; 2016, No. 40, article 5736):

Subparagraph "b" of paragraph 5 shall be supplemented with the second paragraph of the following content:

“Geographical coordinates of the water area declared for use, adjacent to the coastline of a water body, are determined in the coordinate system established for maintaining state cadastre real estate. If the declared area of the water area is located in the sea area, the geographical coordinates are determined in unified system geodetic coordinates of 1942 (SK-42).".

3. Decree of the Government of the Russian Federation of March 12, 2008 No. 165 “On the preparation and conclusion of a water use agreement” (Collected Legislation of the Russian Federation, 2008, No. 11, Art. 1033; 2009, No. 18, Art. 2248; 2012, No. 43, Article 5875; 2013, No. 22, Article 2816; 2015, No. 40, Article 5562):

a) subparagraph "g" of paragraph 7 of the Rules for the preparation and conclusion of a water use agreement, approved by the said resolution, shall be supplemented with paragraph two of the following content:

“Geographical coordinates of the water area declared for use, adjacent to the coastline of a water body, are determined in the coordinate system established for maintaining the state real estate cadastre. In the event that the declared section of the water area is located in the sea area, the geographical coordinates are determined in the unified system of geodetic coordinates of 1942 (SK-42).”;

b) in subparagraph “b” of paragraph 6 of the Form of an exemplary water use agreement, approved by the specified resolution, after the words “geographical coordinates”, add the words “of the area of the water area declared for use, adjacent to the coastline of the water body, are determined in the coordinate system established for maintaining the state cadastre real estate. In the event that the declared section of the water area is located in the sea area, the geographical coordinates are determined in the unified system of geodetic coordinates of 1942 (SK-42).

EXPLANATORY NOTE TO THE DRAFT DECISION OF THE GOVERNMENT OF THE RUSSIAN FEDERATION "ON AMENDING SOME ACTS OF THE GOVERNMENT OF THE RUSSIAN FEDERATION"

The Draft Decree of the Government of the Russian Federation “On Amendments to Certain Acts of the Government of the Russian Federation” (hereinafter referred to as the draft Decree) was developed as a result of an analysis of law enforcement practice.

Regulatory legal acts, regulating relations for granting the right to use water bodies, do not establish requirements for the design of materials that display in graphic form the declared area of water use.

At the same time, the result of an incorrect determination by the applicant of the geographical coordinates of the place of water use, in fact, may be the imposition of the requested section of the water area of the water body on the sections of the water area already provided and located in close proximity to each other.

The absence of requirements for materials presented in graphical form, in terms of indicating geographic coordinates, determined independently without the involvement of persons with a certain level of professional qualifications in the field of geodesy and cartography, significantly reduces the quality of the material presented.

It is not possible to identify the unreliability of the determination of geographical coordinates at the stage of consideration of the application, that is, until a positive decision is made on the possibility of using the water body for the stated purposes, due to the lack technical means, including licensed software products for the implementation of a reliable assessment of the correctness of determining the geographical coordinates submitted by the applicant.

Since in most cases, the declared areas of the water area are adjacent to the coastline (border) of the water body, the proposed changes were prepared taking into account the Rules for determining the location of the coastline (border of the water body), approved by Decree of the Government of the Russian Federation dated April 29, 2016 No. 377 “On approval of the Rules determining the location of the coastline (boundary of a water body), the cases and frequency of its determination and on amending the Rules for establishing on the ground the boundaries of water protection zones and the boundaries of coastal protective strips of water bodies.

The implementation of this resolution is carried out by federal executive bodies within the established number of employees of their central offices and territorial bodies, as well as the budgetary allocations provided for by it in the federal budget for leadership and management in the field of established functions.

The draft resolution complies with the provisions of the Treaty on the Eurasian Economic Union.

The adoption of the draft resolution will not affect the achievement of the goals government programs Russian Federation.