Windfall tax for major companies to be introduced in Russia

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Daily Monitoring of the Legislation

Monitoring of the Federal Legislation dated 20.12.2001

Federal Constitutional Law No.6-FKZ of December 17, 2001 on the Procedure of Adoption to the Russian Federation and Forming within It a New Subject of the Russian Federation

Defines the main terms and procedure of adoption to the Russian Federation and forming within it a new subject.
A foreign state or part of it may be adopted as a new subject of the Russian Federation. The forming of a new subject within the Russian Federation may be implemented by merging two or more bordering subjects of the Russian Federation. The issue of the forming of a new subject within the Russian Federation must undergo referenda in the interested subjects of the Russian Federation.
The Federal Constitutional Law is entered into force from the day of its official publication.

Federal Constitutional Law No. 4-FKZ of December 15, 2001 on the Amendments to the Federal Constitutional Law on the Constitutional Court of the Russian Federation

The amendments pertain to the status of the judges of the Constitutional Court of the Russian Federation and the procedure of execution of the decisions of the Constitutional Court of the Russian Federation by the bodies of state power and their officials. The Law specifies the maximum age for those occupying the position of a judge of the Constitutional Court of the Russian Federation - seventy years. The judges of the Constitutional Court of the Russian Federation shall enjoy immunity guarantees fixed in the Federal Law on the status of judges. A disciplinary action may be taken against the judge for a disciplinary misdemeanor at the decision of the Constitutional Court of the Russian Federation.
The Federal Constitutional Law is entered into force ten days after the day of its official publication. The provision fixing the maximum age for staying in office is entered into force from January 1, 2005.

Federal Law No. 169-FZ of December 15, 2001 on the Amendments to the Law of the Russian Federation on the Status of Judges in the Russian Federation

The amendments pertain to the requirements to the candidates for judge positions, procedure of assigning to positions, suspension and revocation of their powers, suing the judges for disciplinary and criminal action, authority and procedure of assigning to their positions and dismissing from them the chairmen and deputy chairmen of the courts, as well as the authority and procedure of forming of qualification boards of judges.
The requirements to the candidates for judge positions are extended to include the requirement of the absence of diseases preventing form execution of the powers of a judge. In this connection, a preliminary medical examination is introduced for the candidate for a judge position.
The Chairmen of the Supreme Court of the Russian Federation, Higher Arbitration Court of the Russian Federation, chairmen of the supreme courts of the republics, territorial, provincial courts, courts of the cities of federal significance, court of the autonomous province, courts of autonomous districts, military courts, as well as the chairmen of the federal arbitration courts of districts, arbitration courts of the subjects of the Russian Federation, chairmen of the regional courts and their deputies are assigned to their positions for the term of six years, however, not more than two times in a row.
The maximum age for those occupying the position of a judge, except for the judges of the Constitutional Court of the Russian Federation, is 65 years.
An opportunity of disciplinary action against a judge is envisaged.
The Federal Law is entered into force 10 days after its official publication. Individual provisions are subject to other terms of entering into force.

Federal Law No. 173-FZ of December 17, 2001 on the Labor Pensions in the Russian Federation

Specifies the grounds for emergence and procedure of implementation of the right of citizens of the Russian Federation for labor pensions. Defines the notion, types and structure of the labor pension, the circle of persons entitled for the pension and sources of financing. Three types of the labor pension are distinguished: the old-age, disability and the lost-bread-winner pension. Defines the terms of assigning the labor pensions, procedure of their recalculation and indexing. Specifies the periods of work and other periods included in the insured length of service, as well as the procedure of its confirmation. The amount of the basic part of the labor pension is different depending on the category of the pensioner. The need to ensure a higher level of pensions is taken into account for group I invalids and old-age citizens, as well as unemployed persons with dependent unemployed members of the family.
The law defines the procedure and time limits for assigning, recalculation of the amount of the pension and its paying out (including delivery), as well as switchover from one type of the pension to another.
The Federal Law, except for individual provisions, is entered into force from January 1, 2002. The same date is fixed for the invalidation of the Law of the Russian Federation on the state pensions in the Russian Federation and the Federal Law on the procedure of calculation and increase of the state pensions

Federal Law No. 167-FZ of December 15, 2001 on the Obligatory Pension Insurance in the Russian Federation

Sets forth organizational, legal and financial grounds for obligatory pension insurance in the Russian Federation. Defines the subjects of legal relations in obligatory pension insurance, their rights and duties. Specifies the rates of insurance contributions paid to the budget of the Pension Fund of the Russian Federation differentiated depending on the category of insurers. In 2002-2005, individual categories of insurers employing persons born in 1967 and younger shall enjoy other rates of insurance contributions. The estimate period is equal to one calendar year. The Law specifies the procedure of calculation and the time limits for paying insurance contributions by insurers.
The Federal Law is entered into force from the day of its official publication.

Federal Law No. 166-FZ of December 15, 2001 on the State Pension Support in the Russian Federation

Sets forth the grounds for emergence of the right for the pension under the state pension support scheme and procedure of its assigning. Defines the circle of persons entitled for the pension under the state pension support scheme. The right for the pension is granted to the citizens of the Russian Federation, as well as foreign citizens and stateless persons. The pensions under the state pension support scheme may be of various types depending on the category of citizens they are assigned to. The following types of pensions are being assigned: the length-of-service, old-age, disability and the social pension. The law specifies the terms of getting two pensions simultaneously.
The Law specifies the terms of assigning the pensions to various categories of citizens, their amounts, procedure of calculation of the length of service, recalculation of the pension, switchover from one type of the pension to another, indexing, paying out and delivery.
The Law defines the procedure of assigning before January 1, 2004 the pensions to citizens with restricted ability to work. The earlier assigned pensions are recalculated according to the new norms. If the amount of the earlier assigned pension is higher than the amount of the pension calculated according to the new norms, the earlier assigned pension is paid out. The persons having received the social pension envisaged in the Law of the Russian Federation on the state pensions in the Russian Federation and having reached the age of 65 and 60 years (men and women, respectively) may get the earlier assigned pension in the previous amount and according to the previous procedure.
The Federal Law is entered into force from January 1, 2002.

Federal Law No. 162-FZ of December 14, 2001 on the Amendments to Article 11 of the Federal Law on the Advertising

Prohibits to interrupt with promotion material and combine with it, including superimposed one, in particular, the "running string", child, educational and religions broadcastings, radio shows and feature films without the consent of the copyright holders, live coverage broadcastings according to the list specified in the Federal Law on the procedure of covering the activities of the bodies of state power in the state mass media, as well as other broadcastings with the length of transmission less than 15 minutes. Broadcastings with the length of transmission greater than 15 minutes, as well as radio shows and feature films may not be combined with promotion material more often than every 15 minutes or may be interrupted as many times as many 15-minute intervals are contained in these broadcastings, radio shows and feature films. The sound of the promotions material may not be louder than the one of the transmitted program. One and the same promotion material for one and the same commodity or promotion materia l on the advertiser may not be transmitted more than two times with the total length not greater than 2 minutes within one hour of the air time. In radio and TV programs not registered as specializing in advertising, the promotion material must not exceed 20% of the air time.
The Federal Law is entered into force form the day of its official publication.

Direction of the Central Bank of Russia No. 1068-U of December 13, 2001 on the Amendments to the Instruction of the Bank of Russia No. 17 of October 10, 1997 on the Financial Reports

The description of individual balance accounts shall include Balance Account 47402 including the amounts of the paid invoices and accrued interest for factoring and forfaiting operations. Analytical data on the condition of the credit portfolio shall include the limits fixed for the credit line and overdraft and exclude the reserves for possible losses in debtor payments. The data on the weighted mean interest rates for attracted deposits for the reported month shall include columns "On Demand", "8 to 30 Days" and "Over 3 Years". The "On Demand" line shall contain information on the credits redeemed according to the form "On Creditor Demand" or "In Case of Condition (Event)" except for the credits granted on bank cards. The Direction explains the procedure of showing the time limits for promissory notes "Upon Presentation".
The Direction is entered into force from the moment of publication in the Herald of the Bank of Russia. The text of the Direction is published in the Herald of the Bank of Russia on December 19, 2001, No. 76. The changes to Forms 128, 129, 130 and 131 and comments to them are entered into force beginning with reports as of January 1, 2002.

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