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On Amendments To The Federal Law "on Authorized For Protection Of Entrepreneurs ' Rights In The Russian Federation And Certain Legislative Acts Of The Russian Federation

Original Language Title: О внесении изменений в Федеральный закон "Об уполномоченных по защите прав предпринимателей в Российской Федерации" и отдельные законодательные акты Российской Федерации

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RUSSIAN FEDERATION FEDERAL LAW On Amendments to the Federal Law on Commissioner for the Protection of Entrepreneurs ' Rights in the Russian Federation Russian legislation adopted by the State Duma on 15 October 2013 Approved by the Federation Council on 30 October 2013 (In the wording of Federal Law dated 29.12.2014 N453-FZ) Article 1 OF THE PRESIDENT OF THE RUSSIAN FEDERATION (2305) The following changes: 1) in article 1, paragraph 5, of the words "or without pay"; The legal acts of local self-government bodies which violate the rights and legitimate interests of business entities and carry out immediate enforcement in accordance with the procedure established by the legislation of the Russian Federation on general principles arrangements for local self-government, orders for their suspension Before the entry into force of the judicial act resulting from the review of the Commissioner's application. "; 3), in article 8: (a), add the following sentence:" In the federal budget are provided annually by a separate line of funds to support the activities of the Commissioner and his working apparatus. "; b) to supplement Parts 2 to 1 and 2 to 2 as follows: " 2-1. The Commissioner establishes the size and staffing of his office, approves the structure of the working apparatus, the provision of it and its structural units, and directly supervises its work. 2-2. On matters related to the supervision of the working apparatus, the Commissioner issues orders and instructions. "; 4), article 9, paragraph 5, after the words" shall not be entitled to replace the State posts of the Russian Federation, "shall be supplemented by the word" other "; 5) In article 11, paragraph 2, the words "2014" should be replaced by the words "2015". Article 2 Part 4 of Article 38 of the Law of the Russian Federation of 21 July 1993 No. 5473-I " On institutions and bodies, OF THE PRESIDENT OF THE RUSSIAN FEDERATION OF THE PRESIDENT OF THE RUSSIAN FEDERATION 3613; 2001, N 11, 100. 1002; 2003, N 50, sect. 4847; 2004, N 27, sect. 2711; 2007, No. 26, sect. 3077; 2009, N 39, sect. 4537; 2010, N 27, sect. 3416; 2011, N 49, sect. 7056) to supplement paragraph 10 with the following: " 10) Commissioner under the President of the Russian Federation for the protection of the rights of entrepreneurs, authorized to protect the rights of entrepreneurs in the constituent entities of the Russian Federation OF THE PRESIDENT OF THE RUSSIAN FEDERATION the business sector, as well as articles 171 to 172, 173-1-174-1, 176-178, 180, 181, 183, 185-185-4, 190-199-2 of the Criminal Code of the Russian Federation. ". target="contents"> dated July 15, 1995 N 103-FZ "On the detention of suspects and accused persons in the commission of crimes" (Russian legislature, 1995, No. 29, art. 2759; 1998, N 30, sect. 3613; 2003, N 27, sect. 2700; N 50, sect. 4847; 2004, N 27, sect. 2711; 2005, N 10, est. 763; 2006, N 17, sect. 1779; 2010, N 27, sect. 3416; 2011, N 15, sect. (...) (...) 7056) the following changes: 1) Part 5 of Article 7 to be supplemented with the following paragraph: " Commissioner to the President of the Russian Federation for the Protection of Entrepreneurs 'Rights, Commissioner for the Protection of Entrepreneurs' Rights in OF THE PRESIDENT OF THE RUSSIAN FEDERATION If these crimes are committed in the business sector, Articles 171-172, 173-1-174-1, 176-178, 180, 181, 183, 185-185-4, 190-199-2 of the Criminal Code of the Russian Federation. "; to be supplemented by the words "Commissioner to the President of the Russian Federation for the protection of the rights of entrepreneurs," after the words "Commissioner for Children's Rights in the constituent entities of the Russian Federation," to be supplemented by the words " the Commissioner for the protection of the rights of entrepreneurs in the Russian Federation. of the Russian Federation, ". Article 4 To be included in the Code of Criminal Execution of the Russian Federation (Russian Federation Law Assembly, 1997, N 2, art. 198; 2001, N 11, sect. 1002; N 26, est. 2589; 2003, N 50, sect. 4847; 2009, No. 29, sect. 3628; N 52, st. 6453; 2010, N 27, sect. 3416; 2011, N 49, sect. 7056; N 50, sect. 7362; 2012, N 53, sect. 7629) the following changes: (1) part 4 of article 12, after the words "Presidential Commissioner for the Rights of the Child," to be supplemented by the words " Commissioner to the President of the Russian Federation for the Protection of Rights In addition to the words "Commissioner for the rights of the child in the constituent entity of the Russian Federation," after the words "Commissioner for the protection of the rights of entrepreneurs in the constituent entity of the Russian Federation"; OF THE PRESIDENT OF THE RUSSIAN FEDERATION In the words of the Presidential Commissioner for the Protection of Entrepreneurs ' Rights, after the words "Commissioner for the Rights of the Child in the constituent entity of the Russian Federation", add the words " to the Commissioner for the protection of the rights of entrepreneurs in the subject Russian Federation, "; 3) part one of article 24 to supplement the paragraph" f "to read as follows: " (g) Commissioner under the President of the Russian Federation for the protection of the rights of entrepreneurs OF THE PRESIDENT OF THE RUSSIAN FEDERATION OF THE PRESIDENT OF THE RUSSIAN FEDERATION as well as articles 171 to 172, 173-1-174-1, 176-178, 180, 181, 183, 185-185-4, 190-199-2 of the Criminal Code of the Russian Federation. ". Article 8, paragraph 2, of the Federal Law dated 21 July 1997 N 122-FZ "On State Registration of Rights to Immovable Property and Transactions" (Legislative Assembly of the Russian Federation, 1997, N 30, sect. 3594; 2001, N 16, sect. 1533; 2002, N 15, sect. 1377; 2003, N 24, sect. 2244; 2004, N 27, sect. 2711; N 30, sect. 3081; N 35, sect. 3607; 2005, N 1, article 22; 2006, N 27, sect. 2881; 2008, N 20, 100 2251; 2009, N 52, sect. 6410; 2011, N 13, st. 1688; N 23, sect. 3269; N 49, sect. 7056, 7061; N 50, stop. 7347; 2012, N 31, est. 4322; 2013, N 30, sect. 4077, 4083, 4084) the following changes: 1) to be supplemented with a new paragraph 10: "Commissioner to the President of the Russian Federation for the protection of the rights of entrepreneurs" Entrepreneurs in the constituent entities of the Russian Federation; "; (2) the tenth to fourteenth paragraphs should be considered as fifteenth to fifteenth, respectively. Article 6, paragraph 1, paragraph 1, of the Budgetary Code of the Russian Federation Federation, 1998, No. 31, sect. 3823; 2000, N 32, sect. 3339; 2005, N 52, sect. 5572; 2007, N 18, sect. 2117; 2009, N 30, sect. 3739; 2010, N 31, st. 4198; 2011, N 15, sect. 2041; N 41, est. 5635; N 48, sect. 6728; N 49, sect. 7039, 7056; 2012, N 50, sect. 6967; 2013, N 19, sect. 2331) after the words "The Commissioner for the President of the Russian Federation on the Rights of the Child," to supplement the words "the Commissioner under the President of the Russian Federation for the protection of the rights of entrepreneurs,". Article 7 Article 7, paragraph 2 Federal Act of 8 August 2001 No. 129-FZ "On State Registration of Legal Persons and Individual Entrepreneurs" (Meeting of the Parties to the Convention) OF THE PRESIDENT OF THE RUSSIAN FEDERATION 3431; 2003, N 26, est. 2565; N 50, sect. 4855; 2013, N 30, sect. 4084), amend to read: " 2. In the cases and in the manner prescribed by this Federal Law, other federal laws and regulations of the Government of the Russian Federation, the registering body provides free of charge a number of State registers Information and documents to the public authorities, including law enforcement bodies and courts in cases, local self-government bodies, bodies of state extrabudgetary funds and certain federal agencies of the Russian Federation, including the Commissioner for the President of the Russian Federation Federation for the protection of the rights of entrepreneurs, authorized to protect the rights of entrepreneurs in the constituent entities of the Russian Federation. ". Article 8 Article 8 Amend Russian Federation Code of Administrative Offences (Russian Federation Law Assembly, 2002, N 1, Art. 1; 2003, N 1, article 2; 2005, 1752; 2006, N 18, sect. 1907; N 23, Art. 2385; 2007, No. 26, sect. 3089; N 31, st. 4001, 4007; N 41, est. 4845; N 49, sect. 6034; 2008, N 45, sect. 5143; N 49, sect. 5738; 2009, N 29, est. 3642; 2010, N 21, sect. 2526; N 30, st. 4002, 4006; N 52, sect. 6996; 2011, N 17, sect. 2312; N 30, sect. 4573, 4590; N 49, sect. 7056; N 50, sect. 7346, 7351, 7352, 7362; 2012, N 24, st. 3082; N 31, st. 4330; 2013, N 14, est. 1666) the following changes: 1) to be supplemented by Article 17.2-2, as follows: " Article 17.2-2. Obstruction of legitimate activities of the Russian Presidential Commissioner for the Protection of Entrepreneurs ' Rights 1. Interference in the activities of the Commissioner under the President of the Russian Federation to protect the rights of entrepreneurs in order to influence its decisions- entails the imposition of an administrative fine in the amount of one thousand to two thousand rubles. 2. The failure of officials to comply with the legitimate requirements of the Commissioner under the President of the Russian Federation for the protection of the rights of entrepreneurs or to obstruct his activities in another form- entails an imposition of an administrative fine on 50,000 rubles ($1,500). 3. Failure to comply with the deadlines for the provision of information (documents, materials, responses to appeals) to the Commissioner under the President of the Russian Federation for the protection of the rights of entrepreneurs- A fine of one thousand rubles to two thousand rubles. 4. Repeated during the year, the commission of an administrative offence provided for in parts 1 to 3 of this article- shall be disqualified for a period of six months to one year. "; 2) to supplement article 25.5-1 of the following Table of contents: " Article 25.5-1. Commissioner under the President of the Russian Federation for the Protection of Entrepreneurs 'Rights Presidential Commissioner for the Protection of Entrepreneurs' Rights at the request of the person under the President of the Russian Federation In the case of an administrative offence in the field of business, the case may be admitted as defence counsel. "; 3) in article 29.12-1: (a) in Part 1 of the figure" 25.5 " to be replaced by digits "25.5-1"; b) in Part 4 of "25.5" to read "25.5-1"; 4) In the first paragraph of article 30.1, the figure "25.5" shall be replaced by the figures "25.5-1"; 5) in article 30.10, part 3, of the figure "25.5" to read "25.5-1"; 6) in part 1 of article 30.12 of the figure "25.5" to read "25.5-1"; 7) Part 3 of Article 32.12 after the words "person or legal person" to be supplemented by the words "or the Commissioner under the President of the Russian Federation for the Protection of Entrepreneurs ' Rights,". Article 9 Arbitration OF THE PRESIDENT OF THE RUSSIAN FEDERATION 3012; 2009, N 26, Text 3122; N 29, Art. 3642; 2010, N 31, st. 4163, 4197; 2011, N 29, sect. 4291; N 50, sect. 7364) supplement Article 53-1 as follows: " Article 53-1. Participation in the case of the Commissioner under the President of the Russian Federation for the Protection of Rights of the entrepreneurs who are entitled to protect the rights of entrepreneurs in the constituent entities of the Russian Federation 1. The Commissioner of the President of the Russian Federation for the Protection of Entrepreneurs ' Rights, authorized to protect the rights of entrepreneurs in the constituent entities of the Russian Federation who apply to the arbitral tribunal, enjoy procedural rights and procedural rights The plaintiff's duties. 2. The Commissioner of the President of the Russian Federation for the Protection of Entrepreneurs ' Rights has the right to join the case on the side of the plaintiff or defendant as a third person who does not claim independent claims. 3. The Commissioner of the President of the Russian Federation for the Protection of Entrepreneurs ' Rights has the right to appeal against the legal acts that have entered into force by the rules established by article 42 of this Code. ". Article 10 OF THE PRESIDENT OF THE RUSSIAN FEDERATION 4532; 2010, N 31, est. 4163) to supplement paragraph 6 with the following: " 6) Commissioner under the President of the Russian Federation for the protection of the rights of entrepreneurs, authorized to protect the rights of entrepreneurs in the constituent entities of the Russian Federation-with regard to information, who have become known in connection with their duties. ". Article 11 Article 48, Part 1, of the Federal Law of 6 October 2003 N131-FZ "On general principles of local organization" THE RUSSIAN FEDERATION 3822; 2007, N 43, sect. 5084; 2008, N 52, sect. 6236) to be supplemented with the following paragraph: " The action of a municipal legal act without a normative character shall be suspended immediately by the local authorities or officials who have accepted it. of the Russian Federation for the protection of the rights of the person in accordance with the legislation of the Russian Federation entrepreneurs. The executive and administrative bodies of local self-government or local self-government officials are obliged to inform the Presidential Commissioner for the Protection of Entrepreneurs ' Rights of the Russian Federation. three-day period, and representative bodies of local self-government-no later than three days from the day of their decision. ". Article 12(Deleted-Federal Law dated 29.12.2014 N 453-FZ) Article 13 Paragraph 1 of Part 4 of Article 25-1 of the Federal Law of July 26, 2006 N 135-FZ On Protection Competition Law of the Russian Federation, 2006, N 31, Art. 3434; 2009, N 29, est. 3601; 2011, N 30, sect. 4590; N 50, st. After the words "from public associations" to be supplemented by the words "the Commissioner under the President of the Russian Federation for the protection of the rights of entrepreneurs, authorized to protect the rights of entrepreneurs in the constituent entities of the Russian Federation". Article 14 Act No. 76-FZ of 10 June 2008 on public monitoring of human rights and on the facilitation of persons in places of detention " (Russian Federation Law Assembly, 2008, N 24, art. 2789; 2010, N 27, sect. 3416; 2011, N 49, sect. 7056; N 50, sect. 7353) the following changes: (1) Part 8 of Article 10, after the words "Presidential Commissioner for the Rights of the Child," to be supplemented by the words "Commissioner to the President of the Russian Federation for the Protection of Entrepreneurs ' Rights," After the words "Commissioner for the Rights of the Child in the relevant constituent entity of the Russian Federation", supplement the words "the Commissioner for the protection of the rights of entrepreneurs in the relevant subject of the Russian Federation"; 2) in article 15, paragraph 1: (a) Paragraph 4, after the words " The Commissioner for Human Rights in the OF THE PRESIDENT OF THE RUSSIAN FEDERATION "Commissioner for the protection of the rights of entrepreneurs in the relevant constituent entity of the Russian Federation"; b) paragraph 5, after the words "Presidential Commissioner for the Rights of the Child," to be supplemented with the words " by the Commissioner OF THE PRESIDENT OF THE RUSSIAN FEDERATION "Ombudpersons for children's rights in the constituent entities of the Russian Federation", supplemented by the words "Ombudpersons for the protection of the rights of entrepreneurs in the constituent entities of the Russian Federation". Article 15 Article 21 of the Federal Law dated December 26, 2008 N 294-FZ " On the protection of the rights of legal persons and individual entrepreneurs in the exercise of State control (oversight) and of the Russian Federation (Legislative Assembly of the Russian Federation) Federation, 2008, N 52, Art. 6249) to supplement paragraph 5 with the following: " 5) to involve the Commissioner under the President of the Russian Federation on the protection of the rights of entrepreneurs or the Commissioner for the Protection of Entrepreneurs ' Rights in the constituent entity of the Russian Federation. Participation in the verification. ". Article 16 1. This Federal Act shall enter into force on the date of its official publication, with the exception of article 1, paragraph 3 (a), of this Federal Act. In the wording of Federal Law No. N 453-FZ) 2. Subparagraph (a) of article 1, paragraph 3, of this Federal Law shall enter into force on 1 January 2015. In the wording of Federal Law No. N 453-FZ ) President of the Russian Federation Vladimir Putin Moscow, Kremlin November 2, 2013 N 294-FZ