2. First part of Article 4 of Federal Law found that the periods of creative activities supported by the facts of the promulgation of a creative worker of their works. This provision of the Federal Law declaratively. Do not specify where, in any publications, exhibitions, and on what should be done so on this publication, and it is unclear how to determine the duration of the period of creative activity.
      Three. Second part of Article 5 of the Federal Act, which provides that "the creative activity is not a business" in a veiled form of tax relief is almost set. This is contrary to the laws of the Russian Federation on taxes and fees, as will reduce revenues to the federal budget.
      4. In accordance with Article 7 of the Federal Law creative professional employee benefits for government social insurance are paid on a residence with a view made by the insurer for this creative professional employee premiums. This provision does not comply with the order and conditions of appointment and payment of state social insurance, as defined by the legislation of the Russian Federation. Federal law does not take into account the different types of benefits (for temporary disability, child care, on the occasion of the birth of the child and others), as well as the fact that their terms of appointment, the size and manner of payment differentiated. In addition, the establishment of such an order of benefits does not take into account the amount of participation in social insurance and the individual's amount of insurance contributions made by the insured for the insured individual. Determination of the amount of temporary disability benefits is not subject to regulation by federal law. Thus, the position of the Federal Law of the article are not consistent with the Code of Labour Laws of the Russian Federation, Federal Law "On State benefits to citizens with children" and other legislative acts of the Russian Federation.
      Five. Article 8 of the Federal law determines the order confirming the total length of service of the Artist documents issued by public associations of creative workers. This is contrary to the established order of seniority for purposes of state pension provision. Do not take into account that, in accordance with federal law "On State Pensions in the Russian Federation," the change of conditions and rules of pension schemes is carried out exclusively by amending the Act in the Russian Federation.
      6. According to Article 9 of the Federal Act employment services accorded the right to make decisions on the recognition of unemployed artists, which is an invasion of the competence of the Government of the Russian Federation, as well as the organization of the executive bodies in accordance with Articles 110 and 112-114 of the Constitution of the Russian Federation and the Federal Constitutional Law "On the Government of the Russian Federation," the Government of the Russian Federation.
      7. Article 10 The establishment of the Federal Law surcharge in excess of the size of the remuneration provided for the author's contract is not subject to regulation by federal law.
      Providing the second part of Article 10 of the Federal Law creative employees working under a labor agreement (contract), leave without pay is also not subject to regulation by federal law, as governed by the laws of the Russian Federation of Labour (Article 76 of the Labour Code of the Russian Federation).
      Eight. Matters governed by Article 11 of the Federal law relating to intellectual property rights of artists are subject to regulation by the civil legislation of the Russian Federation. Using the results of intellectual activity is the subject of exclusive rights and can be carried out by third parties only with the consent of the owner in accordance with the laws of the Russian Federation on Copyright and Related Rights.
      Insurance risk of liability for breach of contract, set the third part of Article 11 of the Federal Act applies to property insurance (Articles 929, 931 and 963 of the Civil Code of the Russian Federation). In this regard, it is not applicable in the field of creativity (intellectual) activities.
      9. Article 12 of the Federal law should be excluded, since the privatization governed by the Federal Law "On privatization of state property and the basics of privatization of municipal property in the Russian Federation." It is necessary to distinguish between the relationship of participation in the labor force in the workforce, and the relationships associated with work on the author's contract.
      10. Article 14 of the Federal Act shall be established features of the taxation of artists that do not meet the requirements of the Resolution of the Supreme Soviet of the Russian Federation on July 10, 1992 "On some issues the tax legislation of the Russian Federation" and the Law of the RSFSR of October 10, 1991 "On the Fundamentals of Budget System and Budget process in the RSFSR. " Mentioned legal acts is determined that taxes (including the amount of their rates and tax incentives) are established by legislative acts of the Russian Federation on issues of taxation.
      In addition, the provisions of Article 14 of the Federal Law contradict Article 2 of the Russian Federation Law "On income tax from natural persons", which determined that the object of taxation for individuals is the total income earned in a calendar year (rather than the specific amount of compensation), as well as articles 8, 10 and 11 of the aforementioned Law of the Russian Federation, which regulates the taxation of income received by individuals for the performance of their work and other duties as the principal place of work and not on the principal place of work.
      In this article of the Federal law seeks to regulate the taxation of artists who operate under civil law contracts. At the same time, Article 5 of the Federal law stipulates that a creative worker has the right to carry out creative activities not only on the basis of a civil contract, but also on the basis of a labor agreement (contract) and also without a contract. Thus, beyond the federal law is the issue of taxation of artists who operate without a civil contract.
      11. Article 17 of the Federal Act discriminates against foreign nationals and stateless persons. In accordance with Article 62 of the Constitution of the Russian Federation, foreign citizens and stateless persons shall enjoy in the Russian Federation, the same rights as citizens of the Russian Federation.
      12. Article 26 of the Federal Act violated the rights of public authorities of the Russian Federation and local self-government established by Articles 12, 73, 130 and 132 of the Constitution of the Russian Federation and the Federal Law "On General Principles of Local Government in the Russian Federation." The establishment of the Federal law of privileges in the sphere of the Russian Federation and local self-government is not allowed. For local government it should be noted that in accordance with Article 133 of the Constitution of the Russian Federation, local self-government guaranteed the right to judicial protection and compensation of additional expenses incurred as a result of decisions taken by public authorities.

      Acting
      President of the Russian Federation

Putin


That is now free artists as well as all live in a civil and tax codes.