Monitoring of the Federal Legislation dated 4.01.2002

Federal Law No. 197-FZ of December 30, 2001 "Labor Code of the Russian Federation"

The new Labor Code replaced the main act of the Russian labor legislation that was in effect for thirty years. The Labor Code of the Russian Federation regulates relations in organization of labor, employment, professional training, retraining and professional development, social partnership, material responsibility of employers and employees, enforcement of and control over the labor legislation, as well as resolving of labor disputes.
The Law defines the notion of forced labor that includes, in particular, the violation of the time limits of paying out the earnings or failure to pay them in full amount. If the paying out of the earnings is delayed for more than 15 days, the employee may suspend his work before the payment of the delayed amount having notified of it the employer in writing. The Law defines the cases permitting for conclusion of fixed-term labor contracts. Such right is granted to the employer with respect to persons undergoing studies in day-time institutions, old-age pensioners, heads and deputy heads of organizations and chief accountants. The Law institutes the duty of the employer to hand out copies of documents pertaining to work within three days after the employee applies for them. Another new norm is the right of the employee on probation to discontinue the labor contract at his own will having warned of it the employer in writing three days in advance. The Law also specifies the duty of the employer to keep records of the actual time of work of each employee.
The Law changes the procedure of granting leaves. The right for the leave for the first year of work now emerges with the employee after six months of uninterrupted work in the given organization (earlier, 11 months). With employee consent, the leave may be granted before expiry of the six months term. The length of the main annual paid leave is 28 calendar days. The holidays occurring within the leave are not included in the calendar days of the leave and are not paid. The leave may be divided into portions with at least one of them being at least 14 calendar days long. A new holiday is instituted - February 23 (Day of Defender of the Fatherland).
The Law specifies the particulars of work of employees working for employers out of natural persons. The labor contract with such workers must be registered in the body of local government. The natural person employer may not enter records in labor books, as well as draw up new labor books to employees hired for the first time.
Special chapters are dedicated to the particulars of regulation of the work of outworkers and teachers, as well as the rules of concluding tutorial contracts.
The Labor Code is entered into force from February 1, 2002.

Federal Law No. 195-FZ of December 30, 2001 "Code of Administrative Violations of the Russian Federation"

The new Code consists of the General Provisions (Section I) and the Particulars (Section II). The General Provisions specify the tasks of the legislation on administrative violations, defines the notions of the administrative violation, administrative responsibility and administrative punishment. The Law fixes the principles of: equality in the face of the law, ensuring legality in the measures of administrative enforcement, presumption of innocence.
In contrast to the definition of the administrative sanction contained in the previous Code of Administrative Violations, the new Code specifies directly that administrative sanction may not have as its goal the dishonor of a natural person having committed an administrative violation or inflicting physical torture, as well as incurring damage to the business image of a legal entity. Corrective labor is excluded from the list of administrative punishments. A new type of punishment is introduced - disqualification.
The Law introduces the institute of responsibility of legal entities. The measures taken against a legal entity may include a warning, administrative fine, withdrawal of the instrument or item of administrative violation on a retaliation basis, confiscation of the instrument or item of administrative violation.
The most significant changes as compared to the earlier Code are found in the Particulars of the new Code of Administrative Violations specifying the responsibility for particular types of administrative violations.
The Law sets forth, in particular, increased fines for unpaid travel (Article 11.18), isolates as a separate chapter administrative violations in the sphere of highway traffic. Drunk driving is punished with administrative fine amounting from 10 to 20 minimum amounts of labor remuneration (earlier, from 8 to 12) or suspension of the driver's license for the term of one year.

Federal Law No. 198-FZ of December 31, 2001 on the Amendments to the Tax Code of the Russian Federation and Some of the Legislative Acts of the Russian Federation on Taxes and Revenues

Changes significantly Chapter 24 of the Tax Code of the Russian Federation "The Uniform Social Tax". Changes the wording of the object of taxation and the taxable base, the terms of application of the regressive scale of the rates of the uniform social tax and other. Contributions to the Pension Fund are replaced with contributions to the federal budget. The amount of the tax due to the federal budget is reduced by taxpayers by the amount of accrued insurance contributions for obligatory pension insurance paid out according to the Federal Law No. 167-FZ of December 15, 2001 on the obligatory pension insurance in the Russian Federation.
Besides, the Law changes the procedure of transfer of advance payments in the profit tax (Chapter 25 of the Tax Code of the Russian Federation), individual provisions of Chapter 26 of the Tax Code of the Russian Federation (tax on extraction of mineral resources). Changes the procedure of transfer to the budget of the uniform imputed income tax for certain types of activities (for organizations - 30% to the federal budget, 70% to the budgets of the subjects of the Russian Federation and local budgets; for independent entrepreneurs - 100% to the budgets of the subjects of the Russian Federation and local budgets). Refines individual provisions of the Federal Law No. 222-FZ of December 29, 1995 on the simplified system of taxation, accounting and reporting for the subjects of small business.
Federal Law is entered into force from January 1, 2002 except for certain provisions with other time limits of entering into force.

Federal Law No. 192-FZ of December 29, 2001 on the Amendments to the Criminal Code of the Russian Federation and the Criminal Procedural Code of the RSFSR

Increases the amount of fines for illegal felling, as well as damage to the level of termination of the growth of trees, bushes and lianas in the forests of all kinds, as well as plantation other than those forming part of the forest fund. Article 260 of the Criminal Code is supplemented with Part 3 specifying separately the aggravation.
The Federal Law is entered into force from the day of its official publication.

Federal Law No. 188-FZ of December 29, 2001 on the Amendments to the Federal Law on the Social Protection of Invalids in the Russian Federation and the Law of the Russian Federation on the Employment in the Russian Federation

Changes the quota for employing invalids for organizations with the number of employees greater than 30 persons - not less than 2% and not more than 4% of the average payroll (earlier, not less than 3%). In case of a failure to observe the fixed quota, employers shall transfer on a monthly basis to the budgets of the subjects of the Russian Federation (earlier, the State Employment Fund) obligatory payment for each unemployed invalid within the fixed quota. The amounts and procedure of transfer of the mentioned payment by employers are defined by the bodies of state power of the subjects of the Russian Federation.
The Federal Law is entered into force from the day of its official publication.

Decree of the President of the Russian Federation No. 1500 of December 28, 2001 on the Pardoning Commissions on the Territories of the Subjects of the Russian Federation

Forms the pardoning commissions on the territories of the subjects of the Russian Federation with the goals of consideration of pardoning appeals for the persons convicted for crimes and also probationers after serving the term, as well as preparation of statements on the cases of pardoning to be further submitted to the higher official of the subject of the Russian Federation. The commission shall include at least 11 persons to be renovated by one third once in two years. The members of the commission may include citizens of the Russian Federation with a higher education enjoying respect with citizens and good image.
The Pardoning Commission of the President of the Russian Federation is abolished.
The Decree is entered into force from the day of its official publication. The text of the Decree is published in Rossiyskaya Gazeta on December 30, 2001, No. 255.

Decision of the Government of the Russian Federation No. 1 of January 1, 2002 on the Classification of the Fixed Assets Included in the Amortization Groups

Endorses the classification of the fixed assets used as the basis by the payers of the profit tax to determine the useful life of the amortized property as of the date of its putting in operation (according to Article 258 of the Tax Code of the Russian Federation). The mentioned Classification may be used for the purposes of accounting work.
The Classification shall apply from January 1, 2002.

Decision of the Government of the Russian Federation No. 924 of December 29, 2001 on the Amendments to the Decision of the Government of the Russian Federation No. 939 of December 9, 2000

Reduces the rates of export customs duties for gas oils (diesel fuel), light and medium distillates (codes according to the Foreign Trade Commodity Nomenclature of the Russian Federation 2710 11, 2710 19 110 0-2710 19 290 0, 2710 19 310 0-2710 19 490 0) from Euro 39 to Euro 25 per 1,000 kg.
The Decision is entered into force one month after the day of its official publication.

Decision of the Government of the Russian Federation No. 920 of December 29, 2001 on the Endorsement of the List of Commodities the Production and/or Sales Expenses of Which to Determine the Taxable Base in the Calculation of the Profit Tax May Not Include the Resources Spent to Ensure the Social Protection of Invalids and/or Activities of Public Organizations of Invalids

Lists the commodities produced and/or sold by public organizations of invalids, institutions owned solely by public organizations of invalids and organizations using invalid labor the production and/or sales expenses of which in the calculation of the profit tax may not include the resources spent to ensure social protection of invalids and/or activities of public organizations of invalids. The given list includes automobile tires, products of ferrous and non-ferrous metallurgy, precious metals and stones, items of fur, securities and other.
The Decision is entered into force from January 1 , 2002.

Decision of the Government of the Russian Federation No. 915 of December 29, 2001 on the Fixing of the Rates of Advance Payments Transferred When Buying the Special Regional Stamps for Commodities Subject to Excise Duty Taxes and Obligatory Labeling

Fixes the rates of advance payments for alcoholic products with ethyl alcohol content by volume up to 25% inclusive - Rbl 0.3 per stamp; for alcoholic products with ethyl alcohol content by volume greater than 25% - Rbl 0.8 per stamp.