Windfall tax for major companies to be introduced in Russia

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Monitoring of the Federal Legislation dated 29.11.2002

Decision of the Government of the Russian Federation No. 784 of October 30, 2002 On the Change-Over In the Days-Off In 2003

It establishes that the days-off in 2003 shall be changed as follows:
- from Saturday January 4 to Friday January 3;
- from Sunday January 5 to Monday January 6;
- from Saturday January 21 to Friday January 13.

Decision of the Government of the Russian Federation No. 782 of October 30, 2002 On the Endorsement of Quota For Issuance to Foreign Nationals of Invitations for the Entry Into the Russian Federation to Conduct Labor Activity

It endorses a quota for issuance of 530 thousand invitations for the entry into the Russian Federation of foreign nationals to conduct labor activity in the year 2003.
The Labor Ministry of the Russian Federation has been ordered to distribute, jointly with the Ministry of Internal Affairs of the Russian Federation and the Ministry of Economic Development and Trade of the Russian Federation, on an annual basis, prior to December 1, a quota subject to approval among the subjects of the Russian Federation.

Decision of the Government of the Russian Federation No. 781 of October 29, 2002 On the Lists of Jobs, Professions, Positions, Specialities and Agencies Which Require an Early Award of Labor Old-Age Pensions As Is Provided Under Article 28 of the Federal Law On Labor Pensions in the Russian Federation and On the Endorsement of Rules On Counting Work Periods Giving the Right to the Early Award of the Labor Old-Age Pension In Accordance with Article 28 of the Federal Law On Labor Pensions in the Russian Federation

It lists the acts of the Government of the Russian Federation under which an early award of the old-age labor pension as is envisaged under Article 28 of the Law On Labor Pensions in the Russian Federation shall be granted to:
- persons who have worked as rescuers at professional emergency and rescue services;
- persons who have been employed at jobs dealing with convicts as workers and employees of the agencies of the Ministry of Justice;
- persons who have been engaged in creative work on the scene at state-run and municipal theaters or theatrical and entertainment organizations.
It also approves the lists of positions and agencies the involvement with which shall be counted as the record of work giving the right to an early award of the earned old-age pension to persons who have been engaged in teaching activity at children's state-run and municipal institutions and also to persons who have been engaged in medical and other activities associated with the health protection of the population at state-run and municipal health care establishments.

Directive of the Central Bank of Russia No. 1200-U of October 21, 2002 On the Invalidation of Statutory Acts of the Bank of Russia

In connection with the adoption of Regulations of the Bank of Russia No. 191-P of July 30, 2002 On the Consolidated Financial Statements, it invalidates Regulations of the Bank of Russia No. 29-P of May 12, 1998 On the Consolidated Financial Statements of Credit Institutions (complete with changes and amendments).
The Directive shall take effect upon the expiration of 10 (ten) days after its official publication in the Bulletin of the Bank of Russia.

Federal Law No. 133-FZ of October 31, 2002 on the Amendments to the Criminal Code of the Russian Federation, Criminal Procedural Code of the Russian Federation and the Code of Administrative Violations of the Russian Federation

Differentiates criminal responsibility of the persons engaged in robbery taking into account their personality and occurred consequences. Part 2 of Article 158 of the Criminal Code of the Russian Federation is divided into two independent norms. The new Part 2 envisages responsibility for robbery committed by a group of persons through a preliminary conspiracy with illegal entry into the premises or other storage facility associated with a significant damage, from clothes, bag or other luggage, the punishment for the mentioned crimes being reduced making them average crimes.
The new Part 3 of the Article includes multiple robberies or those with illegal entry into the premises, the punishment remaining the same.
The Law fixes the criteria of the significant damage. Such damage is determined taking into account the property status of the citizen, however, may not be less than 5 minimum amounts of labour remuneration. In addition, the notes to Article 158 of the Criminal Code of the Russian Federation define the notions of the "premises" and the "storage facility".
The Federal Law is entered into force from the day of its official publication.

Decree of the President of the Russian Federation No. 1284 of November 1, 2002 on the Amendments to Some of the Decrees of the President of the Russian Federation in Issues of Handling the Spent Nuclear Fuel

Pursuant to the entering into force of the Federal Law No. 7-FZ of January 10, 2002 on the environmental protection introduces a number of amendments to the decrees of the President of the Russian Federation pertaining to the handling of the spent nuclear fuel.
The Decree is entered into force from the day of its signing.

Decision of the Government of the Russian Federation No. 787 of October 31, 2002 on the Procedure of Endorsement of the Uniform Tariff and Qualification Guide of Worker Occupations and Professions, the Uniform Qualification Guide of the Manager, Specialist and Servant Positions

The mentioned guides must contain qualification characteristics of the main types of works depending on their complexity, as well as requirements to proficiency and skills of employees. The development and endorsement of the guides is vested in the Ministry of Labour of the Russian Federation.

Decision of the Government of the Russian Federation No. 786 of October 31, 2002 on the Amendments to the Decision of the Government of the Russian Federation No. 648 of August 31, 2000 Pertaining to the State Registration of the Rights for the Land Plots in the Federal Property

Application for the state registration of the right of permanent (unlimited) use of the federally owned land plot is submitted by the organization possessing the immovable property (enjoying the right for the land plot) on the basis of the act of the appropriate authorized body. The state registration of the mentioned right in the Joint State Register of the Rights for Immovable Property and Deals with It is carried out while indicating the Russian Federation as the owner of such property.

Decision of the Government of the Russian Federation No. 777 of October 29, 2002 on the List of Objects Subject to the State Federal Ecological Control

The ecological control applies to some of the objects of economic and other activities regardless of the form of ownership operated by the Russian Federation, as well as objects contributing to across-the-border pollution of the environment and producing negative impact on the environment within the territories of two or more of the subjects of the Russian Federation.

Decision of the Government of the Russian Federation No. 794 of November 1, 2002 on the Endorsement of the Regulation on the Issue of the Residence Permit to Foreign Citizens and Stateless Persons

A foreign citizen (stateless person) having reached 18 years of age and having lived on the territory of the Russian Federation for at least one year on the basis of the temporary residence permission may get residence permit. The residence permit is issued by the territorial body of the federal body of executive power in charge of internal affairs at the place of residence on the basis of the written application submitted to the body of internal affairs personally by an able-bodied foreign citizen (stateless person) no later than 6 months in advance of the end of the time of his temporary residence in the Russian Federation. A foreign citizen (stateless person) having not yet reached 18 years of age gets the residence permit on the basis of the written application submitted to the body of internal affairs by one of the parents or legal representative.
The Decision specifies the procedure of accepting and consideration of applications. The time of consideration of the application must not be greater than 6 months from the day of submission of the application with all necessary and properly drawn up documents.
The residence permit is issued to the foreign citizen for the valid time of his personal identification document, however, not more than for 5 years. The residence permit to a stateless person is issued for 5 years.

Decision of the Government of the Russian Federation No. 793 of November 1, 2002 on the Fixing of the Cost of Living in Per Capita Figures and for the Main Socio-Demographic Groups of Population for the Whole of the Russian Federation for the III Quarter of 2002

In the III quarter of 2002, the cost of living for the whole of the Russian Federation is fixed to amount to: Rbl 1,817 per capita, Rbl 1,980 for the able-bodied population, Rbl 1,387 of pensioners, Rbl 1,799 for children.

Decision of the Government of the Russian Federation No. 792 of November 1, 2002 on the Amendments to the Customs Tariff of the Russian Federation

Fixes specific components of the import customs duties for untreated alloy-free tin (code according to the Foreign Trade Commodity Nomenclature 8001 10 000 0) and for primary polymethylmetacrylate (code according to the Foreign Trade Commodity Nomenclature 3906 10 000 0).
As to the tires and tire cases for cars (FTCN codes 4012 11 000 0, 4012 20 900 0 and 4012 90 200 0), combined rate of import customs duty is fixed in the amount of 20%, however, not less than EUR 6.2 per piece. Earlier, the rate of import customs duty for these commodities amounted to 20% of the customs cost.
The Decision is entered into force one month after the day of its official publication.

Decision of the Government of the Russian Federation No. 789 of November 1, 2002 on the Endorsement of the Regulation on the Issue of the Temporary Residence Permission to Foreign Citizens and Stateless Persons

A foreign citizen (stateless person) having arrived to the territory of the Russian Federation is obliged to apply at the expected place of residence to the territorial body of the federal body of executive power in charge of internal affairs within 3 working days to draw up the temporary residence permission.
A foreign citizen (stateless person) having reached 14 years of age gets the temporary residence permission in the form of a stamp of the specified type in his personal identification document.
To do it, application and other listed properly drawn up documents are submitted to the body of internal affairs. The application shall not be accepted for consideration if the personal identification document pertains to his service or professional activities, including the sailor passport, or expires in less than 6 months.
The time of consideration of the application must not be greater than 6 months from the day of submission. The temporary residence permission is issued for 3 years. When drawing up the permission, the state dactylographic registration of the foreign citizen (stateless person) is obligatory. The issue of the temporary residence permission is charged with a state fee.

Decision of the Government of the Russian Federation No. 788 of October 31, 2002 on the Interagency Commissions on Financial Rehabilitation of Agricultural Producers

Endorses the Regulations on the interagency federal and territorial commissions arranging the activities in financial rehabilitation of agricultural producers. Lists the goals of activities, the rights, procedure of forming and endorsement of the composition and other organizational issues.

Letter of the Social Insurance Fund of the Russian Federation No. 02-18/05-7418 of October 25, 2002

Explains the procedure of application of the normative legal acts of the USSR regulating the issues of assigning, calculation and payment of the temporary disability allowances. Lists the acts regulating the procedure of calculation of the continuous length of service for the purposes of assigning of the temporary disability allowances.

Federal Law No. 134-FZ of October 31, 2002 on the Amendments to the Federal Law on Joint-Stock Companies

Joint-stock companies regain the right to pay out intermediary (semi-annual, quarterly) dividends at the decision of the general meeting of stock-holders.
Earlier, the Federal Law No. 120-FZ of August 7, 2001, having entered into force from January 1, 2002, specified that the company may decide (announce) to pay out dividends on deployed stocks once a year. Before January 1, 2002, joint-stock companies paid out not only annual dividends announced by the general meeting of stock-holders, but also intermediary ones at the decision of the board of directors.
The new wording of Article 42 "Procedure of Paying Out of Dividends by the Company" specifies that the decision on the paying out (announcement) of the dividends for the first quarter, six months and nine months of the fiscal year may be taken within three months after the end of the appropriate period.
The issues of paying out (announcement) of dividends for the first quarter, six months, nine months of the fiscal year are qualified as the sphere of reference of the general meeting of stock-holders. The present Law applies to relations in paying out of dividends on deployed stocks emerging from September 30, 2002.

Decision of the Government of the Russian Federation No. 791 of November 1, 2002 on the Endorsement of the Rules of Redemption in 2002 by Legal Entities of the Debts in Borrowed and/or Independently Spent Material Values of the State Material Reserve as of January 1, 2001

According to the endorsed Rules, the legal entity presents to the Russian Agency for State Reserves (hereinafter, the Agency) a proposal to redeem the debt independently or after receiving of the notification of the Agency. The Decision lists information to be contained in the proposal.
If there is an agreement on the submitted proposal on the redemption of the debt, the Agency decides to redeem the debt and introduces the draft decision of the Government coordinated with the Ministry of Economy and Development of the Russian Federation and the Ministry of Finance of the Russian Federation.
The amount of the debt is specified by the Agency and the legal entity on the basis of the acts of verification of estimates in kind and monetary form proceeding from average market prices for commodities similar to the borrowed and/or independently spent material values from the State Material Reserve as of the day of drawing up of the act of verification and must be refined taking into account the market prices as of the day of redemption of the debt (part of the debt according to the schedule).
The redemption of the debt is carried out within up to 5 years (within up to 1 year for material values of the Mobilization Reserve) in equal portions at least once in quarter if otherwise is not specified in the appropriate decision on the redemption of the debt.

Order of the Ministry of Taxation of the Russian Federation No. BG-3-04/592 of October 24, 2002 on the Endorsement of the Forms of Declarations for the Income Tax from Natural Persons and Their Filling Instruction

To implement the provisions of Chapter 23 "Income Tax from Natural Persons" endorses the forms of the declarations for the income tax from natural person No. 3-ND FL and No. 4-ND FL and their filling Instruction.
The declaration is filled out by the taxpayers for the incomes obtained for the tax periods beginning with 2002. The declaration is submitted to the territorial inspection of the Ministry of Taxation of the Russian Federation at the place of registration of the taxpayer (place of residence). Natural persons not being tax residents of the Russian Federation shall submit the declaration to the tax body at the place of their registration.
The declaration is submitted no later than April 30 of the year following the expired tax period.
The Order applies to the incomes obtained by natural persons beginning with January 1, 2000.
Registered in the Ministry of Justice of the Russian Federation on November 4, 2002. Reg. No. 3892.

Order of the State Customs Committee of the Russian Federation No. 1152 of October 30, 2002 on the Determination of the Places of Delivery and Registration and Coordination of the Decisions on the Clearing of Individual Categories of Cars of Heading 8703 of the Foreign Trade Commodity Nomenclature of Russia

The place of delivery and customs registration of imported new cars (of Heading 8703 of the Foreign Trade Commodity Nomenclature of Russia) not older than 3 years, the marks being listed in the Order, is the customs station STO "Avtomobilny" of the Central Excise Duty Customs Office (customs body code 10111890) located at the address of: 34th km of the Moscow Automobile Ring Road, Moscow.
The Order does not apply to transport vehicles imported by foreign natural persons and legal entities of individual categories enjoying customs exemptions under Section VII of the Customs Code of the Russian Federation.
Registered in the Ministry of Justice of the Russian Federation on November 1, 2002. Reg. No. 3891.

Order of the State Customs Committee of the Russian Federation No. 490 of May 21, 2002 on the Endorsement of the Regulation on the Procedure of Commodity Transportation under the Customs Control between the Kaliningrad Province and the Rest of the Customs Territory of the Russian Federation

Defines the particulars of transportation of commodities under the customs control between the Kaliningrad Province and the rest of the customs territory of the Russian Federation in transit shipments through the territories of foreign states, as well as the particulars of their customs registration and customs control.
Provides the criteria to be met by the enterprise (organization) necessary to conclude the trusteeship agreements between it and the customs body located on the territory of the Kaliningrad Province.
The Regulation does not apply to commodities transported by natural persons for other than commercial purposes, as well as transported in mail dispatches.
The Order is entered into force thirty days after its official publication.
Registered in the Ministry of Justice of the Russian Federation on October 29, 2002. Reg. No. 3889.

Order of the Government of the Russian Federation No. 1540-r of November 1, 2002

Approves the main directions of development of the forestry industry. Defines the goals and tasks of development of this industry to satisfy the demands of the internal market in forestry and paper products, increase their export, as well as to ensure a stable and efficient development of the home forestry complex.
Implementation of the main measures will permit to increase production of forestry and paper products, to improve on the quality basis the structure of commercial products, increase efficiency and competitive potential of the industry ensuring its proper position in the world market of the forestry and paper products; increase labour productivity; reduce adverse impact on the environment.

Order of the State Customs Committee of the Russian Federation No. 1086 of October 10, 2002 on the Amendments to the List of Commodities Not Permitted for Placing under the Customs Warehouse Customs Regime

The list of commodities not permitted for placing under the customs warehouse customs regime includes all nomenclature of commodities classified under Headings 0902 10 000 (green tea (unfermented), in primary package with the net weight not greater than 3 kg) and 0902 30 000 (black tea (unfermented) and partly fermented, in primary package with the net weight not greater than 3 kg). Earlier, the mentioned list included only tea whether or not flavoured in primary package with the net weight not greater than 3 kg.
Registered in the Ministry of Justice of the Russian Federation on November 5, 2002. Reg. No. 3898.

Federal Law No. 136-FZ of November 9, 2002 on the Ratification of the Treaty between the Russian Federation and the Argentina Republic on Cooperation and Legal Assistance in Civil, Trade, Labour and Administrative Affairs

Ratifies the Treaty signed in Moscow on November 20, 2000.

Federal Law No. 135-FZ of November 9, 2002 on the Ratification of the Treaty on Friendship and Cooperation between the Russian Federation and Turkmenistan

Ratifies the Treaty signed in Ashgabat on April 23, 2002.

Direction of the Central Bank of Russia No. 1201-U of October 31, 2002 on the Amendments to the Regulation of the Bank of Russia No. 14-P of January 5, 1998 on the Rules of Organization of Cash Circulation on the Territory of the Russian Federation

Invalidates the provision requiring introduction of Form 0408025 cards to register resources handed out as earnings and payments of social nature (in cash and transfers) and deductions from earnings of enterprise employees.
The Direction is entered into force 10 days after the day of its official publication in the Herald of the Bank of Russia.

Direction of the Central Bank of Russia No. 1191-U of September 2, 2002 on the Invalidated Normative Acts of the Bank of Russia

Invalidates a number of normative acts of the Bank of Russia regulating accounting procedure for operations of granting and redemption of credits of the Bank of Russia secured with state securities. In particular, invalidates the Directions of the Bank of Russia No. 450-U of December 25, 1998 on the accounting work for operations of granting and redemption of credits of the Bank of Russia (intraday credits, overnight credits and lombard credits) in credit organizations and No. 451-U on accounting for operations of granting and redemption of lombard credits.
The Direction is entered into force from January 1, 2003.

Decision of the Government of the Russian Federation No. 790 of November 1, 2002 on the Quotas for the Temporary Residence Permissions Issued to Foreign Citizens and Stateless Persons

Sets forth the procedure of distribution of the quota for 439080 temporary residence permissions to foreign citizens and stateless persons in the Russian Federation for the year 2003.
The Ministry of Internal Affairs of the Russian Federation is ordered to introduce on the annual basis beginning with 2003 no later than November 1 to the Government of the Russian Federation proposals on the endorsement of the mentioned quota for the subsequent year.

Letter of the Ministry of Finance of the Russian Federation No. 24-08/13-1 of November 4, 2002 on the Procedure of Application by Insurance Organizations of the Rules of Forming of Insurance Reserves in Other Than Life Insurance Endorsed by the Order of the Ministry of Finance of the Russian Federation No. 51n of June 11, 2002

Explains the procedure of submission to the Ministry of Finance of the Russian Federation of regulations on the forming of insurance reserves in other than life insurance endorsed by the heads of insurance organizations.
If the composition of insurance reserves and the list of methods used to calculate the insurance reserves comply with the Order of the Ministry of Finance of the Russian Federation No. 51n of June 11, 2002, the regulation is submitted according to the notification procedure and is applied by the insurance organization from January 1, 2003.
If the composition of insurance reserves and/or list of methods used to calculate the insurance reserves are different from those specified in the Order, the regulation is submitted no later than 90 days in advance of the beginning of the subsequent reporting year. In this case, a cover letter must be attached describing the changes in the composition of insurance reserves and/or other methods of calculation, as well as economic substantiation of the mentioned changes. The regulation must be coordinated with the Ministry of Finance of the Russian Federation and is applied by the insurance organization from January 1 of the reported year following the year of coordination.

Decision of the Government of the Russian Federation No. 809 of November 11, 2002 on the Amendments to the Decision of the Government of the Russian Federation No. 939 of December 9, 2000

Beginning with December 1, 2002, the rate of the export customs duty for raw oil and oil products from bituminous materials (Foreign Trade Commodity Nomenclature code 2709 00) exported outside the member-states of the Customs Union agreements is fixed to amount to USD 29.8 (earlier, USD 26.2) per 1,000 kg.

Decision of the Government of the Russian Federation No. 805 of November 11, 2002 on the Forming and Keeping of the Register of Disqualified Persons

The Federal Service of Russia for Financial Rehabilitation and Bankruptcy is the authorized federal body of executive power in charge of the building and keeping of the register of persons disqualified on the basis of the entered into force court rulings on disqualification.
Information from the register of disqualified persons is provided at the charge of one minimum amount of labour remuneration within 5 days from the day of receiving of the request. The bodies of state power and bodies of local government shall get the mentioned information free of charge.

Decision of the Government of the Russian Federation No. 804 of November 11, 2002 on the Rules of Development and Endorsement of the Typical Labour Norms

Defines the procedure of development and endorsement of the typical (interindustry, occupational, industry-sector and other) labour norms for similar works. The typical interindustry labour norms shall be endorsed by the Ministry of Labour of the Russian Federation. The typical occupational, industry-sector and other labour norms shall be endorsed by the federal body of executive power upon coordination with the Ministry of Labour of the Russian Federation.

Decision of the Government of the Russian Federation No. 803 of November 11, 2002 on the Improvement of Organization of Execution of Federal Laws

Defines the procedure of organization and periodic control by the Government of the Russian Federation over execution by the federal bodies of executive power and bodies of executive power of the subjects of the Russian Federation of the federal laws, acts of the President of the Russian Federation and the Government of the Russian Federation.
The heads of the federal bodies of executive power shall bear personal responsibility for the quality and observation of the time limits of preparation of the draft legal acts and for the timely publication of the legal acts of the federal bodies of executive power aimed at execution of the federal laws.
The Decision is entered into force from the day of its official publication.

Order of the Ministry of Taxation of the Russian Federation No. BG-3-05/550 of October 9, 2002 on the Endorsement of the Form of the Tax Declaration for the Uniform Social Tax for Persons Making Payments to Natural Persons: Organizations; Independent Entrepreneurs; Natural Persons Not Recognized As Independent Entrepreneurs and Its Filling Instruction

Endorses the new form of the tax declaration for the uniform social tax and its filling instruction to replace the declaration and instruction endorsed by the Orders of the Ministry of Taxation of the Russian Federation No. BG-3-05/573 of December 27, 2001 and BG-3-05/45 of January 31, 2002.
The tax declaration for the uniform social tax for persons making payments to natural persons: organizations; independent entrepreneurs; natural persons not recognized as independent entrepreneurs is submitted by the taxpayers in compliance with Item 7 of Article 243 of the Tax Code of the Russian Federation to the territorial bodies of the Ministry of Taxation of the Russian Federation no later than March 30 of the year following the expired tax period.
Separate divisions of organizations run on a separate balance with a separate settlement account and making payments and other awards in favour of natural persons fulfil the duties of organizations in tax payment, as well as in submission of the declaration at the place of their location.
Registered in the Ministry of Justice of the Russian Federation on November 5, 2002. Reg. No. 3900.

Order of the Ministry of Internal Affairs of the Russian Federation, Ministry of Foreign Affairs of the Russian Federation, Ministry of Transport of the Russian Federation, Ministry of the Railways of the Russian Federation, State Customs Committee of the Russian Federation and the Federal Border Guard Service of the Russian Federation No. 1095/16531/143/49/1189/692 of November 11, 2002 on the Introduction of Migration Cards

Endorses the form of the migration card and the Regulation on the migration card. The Regulation specifies the procedure of issue, filling out and application of migration cards on the territory of the Russian Federation. The migration card contains information on the foreign citizen or stateless person entering the Russian Federation and is used to control his temporary stay on the territory of the Russian Federation.
The handing out of the blank forms of migration cards to the foreign citizens arriving from abroad shall be arranged in advance to avoid extra filling time in all kinds of control measures of passenger transport vehicles and arriving persons envisaged in the appropriate typical and technological schemes and norms.
The arriving foreign citizens must be notified in due time of the need to fill out the migration cards, have free access to the blank forms and time necessary to fill them out before the border crossing control.
Registered in the Ministry of Justice of the Russian Federation on November 11, 2002. Reg. No. 3908.

Decision of the Government of the Russian Federation No. 814 of November 12, 2002 on the Procedure of Endorsement of the Norms of Natural Wastage During Storage and Transportation of Commodity and Material Values

The norms of natural wastage used in the determination of permissible unrecoverable loss from shortage and/or wear of commodity and material values are developed taking into account technological conditions of their storage and transportation, climatic and seasonal factors affecting their natural wastage and must be revised at least once in five years.
Before January 1, 2003, the listed bodies of executive power must work out and endorse the norms of natural wastage.

Decision of the Government of the Russian Federation No. 813 of November 12, 2002 on the Length of Dual Jobholding for Medics Living and Working in Rural Localities and Urban-Type Settlements in Public Health Organizations

Medics living and working in rural localities and urban-type settlements may not work for more than 8 hours a day and 39 hours a week if they hold dual jobs in public health organizations.

Decision of the Government of the Russian Federation No. 812 of November 12, 2002 on the Amendments to the Customs Tariff of the Russian Federation

The Foreign Trade Commodity Nomenclature of the Russian Federation is extended to include subheadings "Buses Intended for Transporting More Than 120 Persons Including the Driver Aged Older Than 7 Years" and the rates of import customs duties for the mentioned commodities.
The Decision is entered into force one month after the day of its official publication.

Decision of the Government of the Russian Federation No. 810 of November 11, 2002 on the Amendments to the Regulation on the Organization of Sale of the State or Municipal Property at Auction

Changes the procedure of holding of open-bid auction. The bidding increments now will be set by the seller in fixed amount not greater than 5% (earlier, from 1% to 5%) of the initial selling price and are not changed during the whole of the auction.

Decision of the Government of the Russian Federation No. 808 of November 11, 2002 on the Organization and Holding of Tenders to Sell State or Municipally Owned Land Plots or the Right to Conclude Lease Contracts for Such Land Plots

The tenders are being open as to the composition of participants and are arranged in the form of an auction or contest. The auction may be an open or closed one as to the form of price proposals or amount of rent. The tenders are held in the form of a contest if there is a need to fix the terms (duties) of use of the land plot by the owner of the land plot.
The up-front sum for participation in the tenders is fixed in the amount of at least 20% of the initial price of the land plot or initial amount of the rent.
The bidding increment is fixed from 1% to 5% of the initial price of the land plot or initial amount of the rent and is not changed during the whole of the auction.
Decision on the tenders in the form of the contest is taken by the Government of the Russian Federation that defines essential terms of the purchase-and-sale and lease contracts for the land plots concluded as a result of the contest, as well as the terms of the contest.

Order of the State Customs Committee of the Russian Federation No. 1171 of November 1, 2002 on the Places of Customs Registration of the Diplomatic Mail and Commodities

Defines the places of customs registration of the diplomatic mail and commodities imported and exported by foreign citizens enjoying customs exemptions under Section VII of the Customs Code of the Russian Federation located in Moscow and the Moscow Province.
The Order is entered into force 30 days after the day of its official publication.
Registered in the Ministry of Justice of the Russian Federation on November 10, 2002. Reg. No. 3905.

Order of the State Customs Committee of the Russian Federation No. 1043 of September 30, 2002 on the Amendments to the Order of the State Customs Committee of Russia No. 814 of November 24, 1999

Changes the rules of moving of transport vehicles by natural persons according to the simplified, exemption procedure across the customs border of the Russian Federation. The changes are stipulated by the increase in the import customs duties for cars aged older than 7 years.
Registered in the Ministry of Justice of the Russian Federation on November 5, 2002. Reg. No. 3903.

Decision of the Federal Commission for Securities Market No. 38/ps of September 11, 2002 on the Amendments to the Standards of Issue of Bonds and Their Emission Prospectuses Endorsed by the Decision of the Federal Commission for Securities Market of Russia No. 27 of October 19, 2001

Defines the time limit for the holders of the bonds to submit applications for bond conversion and the time limit for conversion.
Defines the procedure of determination of the percent amount (of the coupon) paid out to the holders of the bonds. Changes the procedure of early redemption of the bonds by the issuer and the procedure of determination of the placing price for the bonds.
If there are reasons to refuse the state registration of the issue of the bonds, the body in charge of the registration may provide an opportunity to correct the available violations to the issuer without refusing the state registration. In this case, the body in charge of the registration returns such documents to the issuer indicating the available violations and leaving one of the copies of each of the submitted documents for own use.
Registered in the Ministry of Justice of the Russian Federation on November 5, 2002. Reg. No. 3899.

Decision of the Government of the Russian Federation No. 819 of November 11, 2002 on the Amendments to the Decision of the Government of the Russian Federation No. 699 of October 1, 2001

Decision on the restructuring of the debt in insurance contributions to the state social non-budgetary funds, accrued penalties and fines available with institutions of public health, education, culture and social sphere financed from budgets of all levels as of January 1, 2001 is taken by the tax body at the place of their location against the application submitted before December 1, 2002.

Decision of the Government of the Russian Federation No. 818 of November 11, 2002 on the Amendments to Some of the Decisions of the Government of the Russian Federation in Issues of the Restructuring of the Payables of Legal Entities in Taxes and Fees, Insurance Contributions to the State Social Non-Budgetary Funds, As Well As the Debts in Penalties and Fines

Specifies that the right for the restructuring of the debt of a reorganized organization is preserved with the successor (successors) of the organization.
The right for the restructuring is preserved for the organization with the decision on the termination of the restructuring taken from January 1 through November 1, 2002 against its application submitted before December 31, 2002 and for the organization with the decision on the termination of the restructuring taken after November 1, 2002 against its application submitted no later than 90 days after such decision was taken under the condition of transfer of current tax payments, resources in redemption of the restructured payables and penalties accrued for the failure to transfer tax payments from the moment of occurred violations of the terms of the restructuring, as well as early fulfilment of the schedule of redemption of the restructured debt one quarter in advance.

Decision of the Government of the Russian Federation No. 817 of November 11, 2002 on the Endorsement of the Regulation on the Licensing of Activities in Production of Printed Matter Protected Against Forgery, Including Blank Securities, As Well As the Sale of the Mentioned Products

Defines the procedure of licensing of activities of legal entities and independent entrepreneurs in the making of printed matter protected against forgery, including blank securities, as well as the sale of the mentioned products on the territory of the Russian Federation. The licensing is vested in the Ministry of Finance of the Russian Federation. The license is granted for 5 years.
The earlier issued licenses for production of individual types of protected printed matter preserve their force until expiry, with the licenses for production of individual types of protected printed matter - within five years from the day of entering into force of the Decision.

Decision of the Government of the Russian Federation No. 815 of November 13, 2002 on the Entering of the Record of Termination of a Unitary Enterprise in the Joint State Register of Legal Entities

The Joint State Register of Legal Entities is used to enter the records of termination of unitary enterprises with the property complex sold according to privatisation procedure. The grounds for it is the decision on the state registration taken by the body in charge of the registration on the basis of the listed documents presented by the Ministry of the Russian Federation for Property Management, authorized body of the subject of the Russian Federation or authorized body of the municipal formation having taken the decision on the terms of privatisation.

Federal Law No. 137-FZ of November 14, 2002 on the Entering into Force of the Civil Procedural Code of the Russian Federation

The Civil Procedural Code of the Russian Federation (hereinafter, CPC of the Russian Federation) is entered into force from February 1, 2003 invalidating from the same date the Civil Procedural Code of the RSFSR of 1964 with amendments, except for Chapters 34, 35 and 36 regulating procedures in cassation and enforcement instances invalidated from July 1, 2003. Also invalidated from February 1, 2003 on the territory of the Russian Federation are the Fundamentals of the Civil Court Proceedings of the USSR and the Union Republics.
Before election (appointment) of the justices of the peace in the subjects of the Russian Federation, the cases envisaged in Article 23 of the CPC of the Russian Federation shall be handled by the regional courts.
The cases processed by the general jurisdiction courts and unfinished before February 1, 2003 shall be considered and resolved in compliance with the CPC of the Russian Federation from February 1, 2003. The protests not considered before the entering into force of the CPC of the Russian Federation and brought according to cassation and enforcement procedure by officials mentioned in Articles 282, 320 of the CPC of the RSFSR shall be considered within time limits and according to the procedure envisaged in Chapters 34, 35 and 36 of the CPC of the RSFSR, however, not later than July 1, 2003.
The Federal Law is entered into force from the day of its official publication.

Federal Law No. 142-FZ of November 14, 2002 on the Ratification of the Treaty between the Government of the Russian Federation and the Government of the Republic of Kazakhstan on the Leasing of Objects and Battlefields of the Flight and Testing Centre of the Russian Federation 929 Located on the Territory of the Republic of Kazakhstan

Ratifies the Treaty signed in Moscow on October 18, 1996 declaring that the rent amount for the year 1999 and subsequent years will be coordinated between the parties taking into account the composition of the property and the size of the land plots leased by the Russian side from the Kazakhstan side in the appropriate year.

Federal Law No. 141-FZ of November 14, 2002 on the Ratification of the Treaty between the Government of the Russian Federation and the Government of the Republic of Kazakhstan on the Leasing of the Emba Testing Field

Ratifies the Treaty singed in Moscow on October 18, 1996 declaring that the rent amount for the year 1999 and subsequent years will be coordinated between the parties taking into account the property composition and the size of the land plots leased by the Russian side from the Kazakhstan side in the appropriate year.

Federal Law No. 140-FZ of November 14, 2002 on the Ratification of the Treaty between the Government of the Russian Federation and the Government of the Republic of Kazakhstan on the Leasing of the Objects and Battle Fields of the State Central Testing Field of the Russian Federation 4 Located on the Territory of the Republic of Kazakhstan

Ratifies the Treaty signed in Moscow on October 18, 1996 declaring that the rent amount for the year 1999 and subsequent years will be coordinated between the parties taking into account the property composition and the size of the land plots leased by the Russian side from the Kazakhstan side in the appropriate year.

Federal Law No. 139-FZ of November 14, 2002 on the Ratification of the Treaty between the Government of the Russian Federation and the Government of the Republic of Kazakhstan on the Leasing of the Sary Shagan Testing Field

Ratifies the Treaty signed in Moscow on October 18, 1996 specifying that the rent amount for the year 1999 and subsequent years will be coordinated between the parties taking into account the property composition and the size of the land plots leased by the Russian side from the Kazakhstan side in the appropriate year.

Order of the Government of the Russian Federation No. 1590-r of November 13, 2002

Sets forth that information on the cadastral cost of land used to calculate the amount of the uniform imputed income tax for individual types of activities shall be conveyed to taxpayers by the territorial bodies of the Federal Service of the Land Cadastre of Russia in the subjects of the Russian Federation through appropriate official sources of information no later than November 30 of the current calendar year.

Decision of the Federal Commission for Securities Market No. 39/ps of September 25, 2002 on the Requirements to the Report on the Termination of the Shared Investment Fund and the Procedure of Its Submission to the Federal Commission for Securities Market

Lists the requirements to the report of the termination of the shared investment fund (SIF): its form, time of submission, drawing up and coordination.
The report is presented to the Federal Commission for Securities Market of Russia within 2 weeks after finishing payments in case of SIF termination. The report is presented on paper and on magnetic media. The one on paper is filed, signed by the head of the body terminating the SIF and supplied with the seal of the mentioned body.
Registered in the Ministry of Justice of the Russian Federation on November 12, 2002. Reg. No. 3909.

Decree of the President of the Russian Federation No. 1325 of November 14, 2002 on the Endorsement of the Regulation on the Procedure of Consideration of Issues of Citizenship of the Russian Federation

Sets forth the procedure of consideration of applications in issues of citizenship of the Russian Federation, adoption, execution and revocation of decisions in the mentioned issues, as well as provides the forms of applications and the list of necessary documents pertaining to particular circumstances of acquiring of the citizenship of the Russian Federation and expatriation.
The Decree is entered into force from the day of its official publication.

Decree of the President of the Russian Federation No. 1318 of November 14, 2002 on the Endorsement of the Regulation on the Commission of the President of the Russian Federation for Issues of Citizenship and Its Composition

The Commission is an advisory and consultative body operating under the auspices of the President of the Russian Federation and ensuring implementation of the constitutional power of the head of the state in issues of citizenship of the Russian Federation and granting of political asylum. The Decree lists the main tasks and functions of the Commission, its rights, duties, procedure of forming and decision taking.
The Decree is entered into force from the day of its official publication.

Decision of the Government of the Russian Federation No. 829 of November 15, 2002 on the Amendments to the Financial Terms of Exchange of the Commercial Debt of the Former USSR Endorsed by the Decision of the Government of the Russian Federation No. 931 of December 29, 2001 on the Regulation of the Commercial Debt of the Former USSR to Foreign Commercial Creditors

Changes the procedure of calculation of the interest rate for obligations in the commercial debt of the former USSR to foreign commercial creditors, in particular, percent rates for overdue interest under conditional restructured credits and conditional interest-bearing bonds.
The Ministry of Finance of the Russian Federation is empowered with the right to amend the financial terms (procedure of determination of the amounts of the main debt under obligations in commercial credits documented with bankbills and promissory notes, the rounding of the regulated amounts, procedure of fixing of conversion rates for individual currencies etc.) without essential changes.

Decision of the Government of the Russian Federation No. 823 of November 14, 2002 on the Procedure of Endorsement of the Lists of Positions and Works Occupied or Carried Out by Employees Hired by the Employer under the Written Contracts of Full Personal or Collective (Team) Material Responsibility, As Well As the Typical Forms of Contracts of Full Material Responsibility

The mentioned lists and typical forms must be worked out and endorsed before January 1, 2003 by the Ministry of Labour of the Russian Federation.

Direction of the Central Bank of Russia No. 1204-U of November 4, 2002 on the Invalidation of Item 3 of the Regulation of the Bank of Russia No. 437 of April 23, 1997 on the Particulars of Registration of Credit Organizations with Foreign Investments and on the Procedure of Obtaining of the Preliminary Permission of the Bank of Russia to Augment the Registered Capital of the Registered Credit Organization at the Expense of Resources of Non-Residents

Invalidates the provision stating that before adoption of the appropriate federal law, the quota of participation of foreign capital in the bank system of the Russian Federation specified by the Board of Directors of the Bank of Russia is applied.
The Direction is entered into force 10 days after the day of its publication in the Herald of the Bank of Russia.

Civil Procedural Code of the Russian Federation No. 138-FZ of November 14, 2002

The Civil Procedural Code of the Russian Federation (hereinafter, CPC of the Russian Federation) has been adopted to replace the Code of 1964 and is intended to meet better the modern economic, political and public conditions of Russia.
The CPC of the Russian Federation reflects successful solutions of issues of judicial practices during the period of application of the CPC of the RSFSR of 1964, as well as experience of foreign countries. The CPC preserves many norms that appeared to be justifiable in practice for more than 30 years of application of this law and ensuring a proper mechanism of protection of the law and not contradicting the modern legislation.
The new CPC of the Russian Federation fixes the guarantees of judicial protection of the rights of citizens by general jurisdiction courts and is aimed, first and foremost, at protection of the rights of citizens. Apart form protection of the rights of citizens, the general jurisdiction courts provide protection of the interests of the state, bodies of state power and local government, indefinite circle of persons, organizations, public associations.
The CPC of the Russian Federation fixes the principle of the sole consideration and resolution by judges of civil cases in the first instance court, however, the persons involved in the case preserve the right for collegiate examination and resolution of the case.
The role of the prosecutor in the civil case changed significantly, namely: the prosecutor may initiate proceedings only in cases of the need to protect the interests of the state or when the interested person cannot initiate proceedings himself for justifiable reasons.
The principal differences of the CPC of the Russian Federation and the CPC of the RSFSR pertain to the principle of contention, implementation by the sides of the duty to prove. The help of the court to the sides in the evidentiary activities is dependent on the activity of the side, its conduct during the process.
Separation of the law into the private and public ones is expressed in the five types of judicature: 1) writ jurisdiction; 2) claims jurisdiction; 3) public law jurisdiction; 4) special jurisdiction and 5) proceedings in cases of execution of court rulings and acts of other bodies.
In pursuance of the Civil Code of the Russian Federation, Matrimonial Code of the Russian Federation, such institutes are also introduced as emancipation by court proceedings, adoption by court proceedings. Summons proceedings have changed significantly.
A new chapter has been introduced in the CPC of the Russian Federation - "Proceedings in Appeals against Decisions and Rulings of the Justices of the Peace".
Cassation instance opportunities to revise court rulings have been extended. Cassation court may revoke, change the decisions of the first instance court and adopt its own decisions.
Principally revised is the section including the norms defining the legal status of foreigners, stateless persons, foreign organizations.
According to the Federal Law No. 137-FZ of November 14, 2002, the CPC of the Russian Federation is entered into force from February 1, 2003 with exceptions.

Decision of the Government of the Russian Federation No. 830 of October 2, 2002 on the Endorsement of the Regulation on the Procedure of Conservation of Lands by Removing Them from Circulation

Defines the procedure of conservation of lands removing them from circulation to prevent land deterioration, restore soil fertility and polluted territories if their use may produce a negative impact on human health.
The Decision lists the bodies in charge of the preparation of proposals on land conservation. Decisions on conservation of privately owned lands are taken by the bodies of executive power of the subjects of the Russian Federation for the lands of agricultural destination and by the bodies of local government for the lands of other uses.

Decision of the Government of the Russian Federation No. 828 of November 15, 2002 on the Amendments to the Decisions of the Government of the Russian Federation No. 92 of February 8, 2002 and No. 93 of February 8, 2002

Sets forth the norm of expenses of organizations to pay out compensations for the use of personal motor cycles for service trips used in the determination of the taxable base for the profit tax from organizations to qualify such expenses as other expenses pertaining to production and sales. The mentioned norm amounts to Rbl 600 per month. If the simplified system of taxation is used, this norm is used from January 1, 2003.
The Decision also specifies that when the simplified system of taxation is used, the norms of expenses of organizations to pay out the daily and field allowances are used from January 1, 2003.
The Decision is entered into force 10 days after the date of its official publication.

Order of the State Customs Committee of the Russian Federation No. 1084 of October 10, 2002 on the Adjustment of the Legal Base in Issues of Clearing and Declaring of Commodities

Invalidates the Order of the State Customs Committee of the Russian Federation No. 283 of July 28, 1992 on the temporary procedure for clearing and declaring the commodities.
Registered in the Ministry of Justice of the Russian Federation on November 14, 2002. Reg. No. 3922.

Order of the Committee of the Russian Federation for Financial Monitoring No. 81 of October 16, 2002 on the Endorsement of the Regulation on the Forms of Requests and the List of Officials Entitled to Send Requests to the Bodies of State Power of the Russian Federation, Bodies of State Power of the Subjects of the Russian Federation and the Bodies of Local Government

Defines the form of requests to present information and documents sent by the Committee of the Russian Federation for Financial Monitoring to the bodies of state power of the Russian Federation, bodies of state power of the subjects of the Russian Federation and the bodies of local government, as well as the list of officials entitled to send such requests.
Registered in the Ministry of Justice of the Russian Federation on November 13, 2002. Reg. No. 3918.

Decision of the Federal Commission for Securities Market No. 41/ps of October 9, 2002 on the Invalidation of the Normative Act of the Federal Commission for Securities Market

Invalidates the Decision of the Federal Commission for Securities Market of the Russian Federation No. 1 of February 8, 2001 on the notification of the Federal Commission for Securities Market of Russia of electronic systems used by professional participants of the securities market engaged in brokerage to deliver client orders to conclude deals with securities.
Registered in the Ministry of Justice of the Russian Federation on November 13, 2002. Reg. No. 3916.

Decision of the Government of the Russian Federation No. 831 of November 19, 2002 on the Amendments to the Customs Tariff of the Russian Federation and on the Endorsement of the Export Customs Duties for Individual Commodities Exported from the Territory of the Russian Federation Outside the Member-States of the Customs Union Agreements

The Foreign Trade Commodity Nomenclature of the Russian Federation now includes used and other parts of railway locomotives or tram motor cars or rolling stock. The rates of import customs duties for the mentioned commodities are fixed in the amount of 5% of their customs cost. The Decision also fixes the rates of export customs duties for axles, whether or not assembled (Foreign Trade Commodity Nomenclature codes 8607 19 010 1, 8607 19 110 1, 8607 19 180 1), in the amount of 15%, however, not less than EUR 15 per 1,000 kg.
The Decision is entered into force one months after the day of its official publication.

Order of the State Customs Committee of the Russian Federation No. 1085 of October 10, 2002 on the Amendments to the Regulation on the Duty-Free Shop Customs Regime

The list of commodities prohibited from placing under the duty-free shop customs regime now excludes:
- ratafias, liqueurs and other alcoholic drinks packed for retail trade and intended for direct consumption;
- salt suitable for human consumption in packings for retail trade with net weight not greater than 1 kg;
- souvenirs or items of popular crafts of paper pulp, cast or pressed.
The Order also refines the procedure of filling out the cargo customs declaration to declare the commodities earlier available in free circulation on the territory of the Russian Federation and placed under the duty-free shop customs regime.
The Order is entered into force 30 days after its official publication.
Registered in the Ministry of Justice of the Russian Federation on November 18, 2002. Reg. No. 3929.

Order of the State Customs Committee of the Russian Federation No. 1083 of October 10, 2002 on the Places of the Customs Registration of Commodities in the Region Covered by the North-Western Customs Department

Lists commodities imported for organizations located in St.Petersburg and the Leningrad Province, as well as organizations located in the region covered by the North-Western Excise Duty Customs Office, that must be registered in the mentioned customs office. The customs registration of the mentioned commodities is charged with a fee in the single amount. These provisions do not apply to commodities imported for diplomatic representations of foreign state in the Russian Federation, temporary demonstration and use in exhibitions, in international postal dispatches.
Registered in the Ministry of Justice of the Russian Federation on November 14, 2002. Reg. No. 3926.

Order of the State Customs Committee of the Russian Federation No. 1095 of October 14, 2002 on the Places of Customs Registration of Individual Categories of Commodities

Lists the places of customs registration of imported commodities classified under Heading 8903 (yachts, rowing boats and canoes) and Subheading 8407 21 (outboard motors) according to Foreign Trade Commodity Nomenclature of the Russian Federation arriving for recipients in Moscow and the Moscow Province, as well as in St.Petersburg and the Leningrad Province. The customs registration of the given commodities is charged with a customs fee in the single amount.
These provisions do not apply to commodities imported for diplomatic representations of foreign states in the Russian Federation, imported by natural persons for other than commercial purposes, for use in exhibitions, fairs, international meetings and other similar events and placed under the temporary import customs regime, as humanitarian aid (assistance).
Registered in the Ministry of Justice of the Russian Federation on November 14, 2002. Reg. No. 3925.

Letter of the Central Bank of Russia and the Ministry of Taxation of the Russian Federation Nos. 151-T, FS-18-10/2 of November 12, 2002 on Individual Issues Pertaining to Payment of Taxes and Fees by Organizations

Taxpayer organizations shall pay taxes and fees independently in cashless form from their bank accounts in credit organizations, branches of credit organizations, institutions of the Bank of Russia if otherwise is no envisaged in the legislation of the Russian Federation. The taxpayer organizations, when they pay taxes and fees, may not enter cash in banks to transfer them to incomes accounts of appropriate budgets avoiding their bank accounts if otherwise is not envisaged in the legislation of the Russian Federation.

Information Letter of the Central Bank of Russia No. 20 of October 31, 2002 "Issues of Application of the Direction of the Bank of Russia on the Procedure of Carrying Out Currency Operations Pertaining to Obtaining and Return of Credits and Loans in Foreign Currencies by Resident Legal Entities Granted by Non-Residents for More Than 180 Days and on the Revocation of and Amendments to Individual Normative Acts of the Bank of Russia No. 1030-U of September 10, 2002 and the Instruction of the Bank of Russia on the Procedure of Registration by Authorized Banks of Currency Operations of Residents Pertaining to Credits and Loans in Foreign Currencies Obtained from Non-Residents and Loans in Foreign Currencies Granted to Non-Residents No. 101-I of September 10, 2001"

Explains that Direction No. 1030-U does not contain restrictions as to the subject compositions of non-residents providing foreign currencies in the form of credits (loans) granted to resident legal entities for more than 180 days, as well as getting the returned mentioned credit (loan). The account of the resident legal entity may be used to enter the credit (loan) for more than 180 days either from a non-resident being a party to the contract or from a third-party non-resident. The writing off of the monetary resources in foreign currencies from the foreign currency account of the resident legal entity in execution of obligations under the credit contract is also permitted in favour of the non-resident third party not being a party to the contract.

Federal Law No. 143-FZ of November 14, 2002 on the Amendments to the Federal Law on Assessment Activities in the Russian Federation

Sets forth that the report of the assessment of the object of assessment is used to indicate the place of location of the assessor (earlier, the legal address). The report must be paginated, stitched together, supplied with the seal, as well as signed by the assessor - independent entrepreneurs or employee of the legal entity having assessed the object of assessment and its head.
The Law also specifies that the assessor may demand reimbursement of expenses pertaining to the act of assessment and a monetary reward for the assessment carried out at the ruling of the court of law or court of arbitration. The assessor must present the license for assessment activities and the insurance policy at the demand of the client.
The Federal Law is entered into force from the day of its official publication.

Decision of the Government of the Russian Federation No. 833 of November 19, 2002 on the State Land Control

Sets forth the procedure of state land control over observation of the land legislation, land protection and use requirements, including the state control over the reproduction of the fertility of lands of agricultural destination, by organizations regardless of organizational and legal form, their heads, officials, as well as citizens.
The mentioned control is vested in the Federal Service of the Land Cadastre of Russia together with the Ministry of Natural Resources of the Russian Federation, Ministry of Agriculture of the Russian Federation, State Construction Committee of the Russian Federation (within their sphere of reference) in coordination with other interested federal and regional bodies of executive power, organizations, public associations, as well as citizens.
The control is carried out in the form of planned and extraordinary checks on the basis of a disposition (order) of the head of the body in charge of the state land control while observing the rights and legal interests of organizations and citizens. The planned checks for each of the land plots may be carried out no more often than once in two years.
The Decision contains the from of the warning of the possible compulsory termination of the rights for the land for the available land violation.
Information on the organization of the land control is provided by the persons using the land plots against the written request of the territorial bodies of the Federal Service of the Land Cadastre of the Russian Federation no more often than once a year.

Letter of the Ministry of Taxation of the Russian Federation No. VG-6-03/1600@ of October 21, 2002 on the Invalidation of Paragraph 12 of the Letter of the Ministry of Taxation of Russia No. VG-6-03/592@ of July 31, 2001

Invalidates the provision stating that the return of excessively paid amounts of taxes to taxpayer educational institutions enjoying exemptions is possible only in the presence of the appropriate decision of the court of arbitration.

Decree of the President of the Russian Federation No. 1336 of November 19, 2002 on the Federal Program "Reformation of the State Service of the Russian Federation (Years 2003-2005)"

In 2003-2005, a complex of measures will be implemented in the framework of the endorsed program aimed at improvement of the legal, organizational, financial and methodology fundamentals of the state service of the Russian Federation. The goal of the program is improvement of the efficiency of the state service on the whole, its types and levels, optimisation of expenses for the state servants and development of resource basis of the state service.
The Decree is entered into force from the day of its official publication.

Decision of the Federal Commission for Securities Market No. 37/ps of September 11, 2002 on the Endorsement of the Regulation on the Procedure of Transfer by the Managing Company of Its Rights and Duties under the Contract of Trusteeship Control of the Shared Investment Fund to Another Managing Company

Defines the procedure and time limits of transfer of the rights and duties of the managing company of the shared investment fund under the contract of trusteeship control of the shared investment fund to another legal entity.
No later than within 2 weeks, and if the fund possesses immovable property or the rights for immovable property - no later than within 45 days from the day of entering into force of the amendments to the rules pertaining to the transfer of the rights and duties of the managing company, a document is presented to the Federal Commission for Securities Market of the Russian Federation confirming the transfer of the whole of the property comprising the shared investment fund.
Registered in the Ministry of Justice of the Russian Federation on November 19, 2002. Reg. No. 3933.

Regulation of the Central Bank of Russia No. 200-P of October 16, 2002 on the Procedure of Opening and Keeping by the Resident Legal Entities of Accounts in Foreign Currencies outside the Russian Federation for Payments under International Construction Contracts

Defines the rules of opening by resident legal entities of accounts in foreign currencies not being free convertible ones outside the Russian Federation for payments under international construction contracts, procedure of carrying out operations on these accounts, as well as the procedure of submission of information on operations on these accounts. The accounts are being opened without the permission of the Bank of Russia in foreign states indicated by the Bank of Russia. Only one account in a foreign state where the construction works are carried out may be opened to make payments under one international construction contract and associated contracts. No later than within 10 working days from the day of conclusion of the agreement on the opening of the account, the resident legal entity must notify of it the tax bodies at the place of its location in the Russian Federation according to the from provided in the Regulation.
The Regulation is entered into force 10 days after the day of its official publication in the Herald of the Bank of Russia.
Registered in the Ministry of Justice of the Russian Federation on November 19, 2002. Reg. No. 3931.

Letter of the Ministry of Taxation of the Russian Federation No. NA-6-21/1483 of September 30, 2002 on the Adjustment of the Tax Rate of the Tax on Extraction of Mineral Resources for the I Quarter of 2002

Since individual provisions of the Federal Law No. 57-FZ of May 29, 2002 apply to relations emerging from January 1, 2002, conveys for information and use in work adjusted data used to calculate the tax on extraction of mineral resources for the I quarter of 2002. Submission of the adjusted tax declarations for the tax on extraction of mineral resources for the I and II quarters of 2002 shall be arranged according to the form endorsed by the Order of the Ministry of Taxation of the Russian Federation No. BG-3-21/362 of July 15, 2002.

Regulation of the Central Bank of Russia No. 201-P of October 16, 2002 on the Procedure of Opening and Keeping by Resident Legal Entities of Accounts in Foreign Currencies Outside the Russian Federation to Serve the Activities of Their Representations

Defines the rules of opening by resident legal entities (except for credit organizations and budget institutions) of accounts in foreign currencies outside the Russian Federation to serve the activities of their representations and carry out operations on these accounts, as well as the procedure of submission of information on operations on these accounts.
The resident legal entities may open accounts of their representations without permissions of the Bank of Russia according to the notification procedure. Only one account in the currency of this state and one account in another foreign currency may be opened to serve the activities of one representation in non-resident banks of the foreign state. It is prohibited to use these accounts to carry out operations pertaining to entrepreneurial, investment activities, as well as operations pertaining to the purchase of the rights for immovable property, except for the rights emerging from the lease contract for the property used to serve the activities of the representation.
The earlier permissions (licenses) issued by the Bank of Russia to open and carry out operations on accounts of the representations in non-resident banks outside the Russian Federation envisaging operations not requiring the permission of the Bank of Russia according to the new Regulation are invalidated from the day of its entry into force.
The Regulation envisages the duty of the resident legal entities - if there are accounts of representations opened earlier on the basis of permissions (licenses) of the Bank of Russia - to notify of these accounts the tax bodies at the place of their location in the Russian Federation within 10 working days from the day of entry into force of the Regulation.
The Regulation is entered into force 10 days after the day of the official publication in the Herald of the Bank of Russia.
Registered in the Ministry of Justice of the Russian Federation on November 18, 2002. Reg. No. 3930.

Order of the State Customs Committee of the Russian Federation No. 1062 of October 7, 2002 on the Control of the Customs Cost of Commodities of Individual Categories

Lists the conditions simultaneous observation of which permits for the release of commodities of individual category for free circulation at the declared customs cost without presenting additional information and documents confirming the declared customs cost. One of such conditions is the first sale of the imported commodities in the name of the producer organization. For these commodities, the full amount of customs payments must be paid calculated proceeding from the declared customs cost. In confirmation of the customs cost of the commodities, the declaring party must present the invoice containing the listed obligatory requisites, information on the Russian organization, the list of commodities proposed for import, a copy of the dealer (distributor) agreement and other documents.
The Order is entered into force 30 days after its official publication.
Registered in the Ministry of Justice of the Russian Federation on November 15, 2002. Reg. No. 3928.

Order of the Ministry of Taxation of the Russian Federation No. BG-3-09/605 of October 28, 2002 on the Endorsement of the Composition of the Agency Guides Used to Keep the Joint State Register of Legal Entities

Endorses the composition of the agency guides used to keep the Joint State Register of Legal Entities. The guide of documents necessary for the state registration of legal entities in each of the organizational and legal form, as well as the guide of the licensed types of activities, are in the development stage.

Direction of the Central Bank of Russia No. 1198-U of October 16, 2002 on the Adjustment of Individual Acts of the Bank of Russia

Pursuant to the adoption of the Regulation of the Bank of Russia No. 201-P of October 16, 2002, invalidates the Regulation of the Bank of Russia No. 436 of April 22, 1997 regulating the procedure of issue of permissions to open and keep foreign-currency accounts opened by resident legal entities to cover the maintenance expenses of their representations abroad.
The Direction is entered into force 10 days after the day of official publication in the Herald of the Bank of Russia.

Telegram of the Central Bank of Russia No. 1209-U of November 19, 2002

Beginning with November 21, 2002, fixes the uniform fixed interest rate for deposit operations carried out by the Bank of Russia using the Reuters Dealing system on standard terms "Overnight", "Tom Next", "Spot Next", "On Demand", "1 Week", "Spot Week" in the amount of 3% annual.
When a deposit operation for 1 working day is carried out ("Overnight", "Tom Next", "Spot Next") with the date of return by the Bank of Russia of the amount of the deposit and the payment of interest falling on days-off (holidays), the mentioned interest rate is divided into the actual number of calendar days from the beginning of the deposit operation to its end.

Decision of the Constitutional Court of the Russian Federation of November 26, 2002 on the Case of Constitutionality of Provisions of Articles 77.1 and 77.2, Parts 1 and 10 of Article 175 of the Criminal Execution Code of the Russian Federation and Article 363 of the Criminal Procedural Code of the RSFSR Pursuant to the Appeal of Citizen A.A.Kizimov

Part 1 of Article 363 of the Criminal Procedural Code of the RSFSR excluding the duty of the court to consider the convict's request, including that of the one detained in the trial centre because of another criminal case, for probation is recognized as not complying with the Constitution of the Russian Federation. The presence of the grounds to apply probation is also recognised to be the prerogative of the court. The convict having served the part of the sentence indicated in the law must be provided with the right to apply to court with appropriate request.
Not contradicting the Constitution of the Russian Federation are recognized the provisions of Article 77.2 and Part 1 of Article 175 of the Criminal Execution Code of the Russian Federation, since they do not exclude the right of the convict, including that of the one detained in the trial centre because of another criminal case, to appeal to court to commute the sentence through probation.
The Decision is entered into force immediately after annunciation.

Federal Law No. 144-FZ of November 21, 2002 on the Amendment to the Federal Law on Antiterrorist Activities

The burying of terrorists killed while suppressing a terrorist act shall be carried out according to the procedure specified by the Government of the Russian Federation. Their bodies are not handed out and the place of committal is not reported.
The Federal Law is entered into force from the day of its official publication and applies to relations pertaining to the burying of the bodies of terrorists not committed before its entry into force.

Order of the Ministry of Finance of the Russian Federation No. 113n of November 19, 2002 on the Additional Emission of the Bonds of External Loans of the Russian Federation with the Final Dates of Redemption in 2010 and 2030 Issued to Regulate the Commercial Debt of the Former USSR to Foreign Commercial Creditors

The Ministry of Finance of the Russian Federation arranges an additional emission of two issues of bonds of external loans with the final dates of redemption in 2010 and 2030 in exchange for the permitted for regulation unsecured commercial debt of the former USSR to foreign commercial creditors and financial institutes of the London club of creditors.
The Order is entered into force from the day of its official publication.
Registered in the Ministry of Justice of the Russian Federation on November 22, 2002. Reg. No. 3946.

Federal Law No. 155-FZ of November 27, 2002 on the Amendment to Article 2 of the Federal Law on the Status of Servicemen

The benefits, guarantees and compensations envisaged in the Law on the status of servicemen and other federal laws for servicemen and members of their families may be applied to other persons and members of their families by the decrees of the President of the Russian Federation. This will permit the President of the Russian Federation to institute with own decisions the measures of social protection to civilian personnel killed because of unforeseen, emergency circumstances while fulfilling the tasks pertaining to the defence potential of the state and to members of their families.
The Federal Law is entered into force from the day of its official publication.

Federal Law No. 153-FZ of November 26, 2002 on the Amendment to the Law of the Russian Federation on the Privatisation of the Housing Fund in the Russian Federation

In case of death of one of the participants of the common property right for the housing space privatised before May 31, 2001, defines the shares of the participants of the common property right for the given housing space, including the share of the deceased. The mentioned shares in the common property right for the given housing space are recognized to be equal.
The Federal Law is entered into force from the day of its official publication.

Federal Law No. 152-FZ of November 26, 2002 on the Amendments to Some of the Legislative Acts of the Russian Federation Pertaining to Obligatory Social Insurance against Industrial Accidents and Occupational Diseases

Changes individual provisions of the Civil Code of the Russian Federation setting forth the procedure of reimbursement of the damage to life and health of citizens. Amounts paid out as subsistence to a citizen are being indexed taking into account the level of inflation.
The earnings (income) lost because of the damage to health, as well as the amount of reimbursement of the damage because of the lost or reduced ability to work of an underaged, is determined depending on the cost of living of the able-bodied population for the whole of the Russian Federation (earlier, 5 minimum amounts of labour remuneration). The amounts of reimbursement of the damage to the life and health of the victim paid out to citizens are subject to indexing with the rise of the cost of living.
The Law on obligatory social insurance against industrial accidents and occupational diseases is also extended to include the amendment stating that the amount of the monthly insurance premium is indexed taking into account the level of inflation. The indexing coefficient and its periods are defined by the Government of the Russian Federation.
The Law sets forth that the minimum amount of labour remuneration specified by the Law on the minimum amount of labour remuneration is used exclusively to regulate the labour remuneration, as well as to define the amount of the temporary disability allowances.
The Federal Law is entered into force from the day of its official publication.

Regulation of the Central Bank of Russia No. 203-P of November 5, 2002 on the Procedure of Carrying Out of Deposit Operations with Credit Organization by the Bank of the Russian Federation in the Currency of the Russian Federation

Sets forth the rules of operations carried out by the Bank of Russia to attract monetary resources of credit organizations, namely, banks, clearing non-bank credit organizations, non-bank credit organizations carrying out deposit and credit operations, being the residents of the Russian Federation in the currency of the Russian Federation to deposits opened in the Bank of Russia. The Bank of Russia carries out the following types of deposit operations:
- deposit auctions;
- deposit operations at fixed interest rate;
- deposit operations at fixed interest rates on standard terms at interest rates determined on auction basis carried out using the Reuters Dealing system with credit organizations having concluded general agreements on such operations with the Bank of Russia;
- deposit operations on the basis of individual agreements.
The Regulation sets forth the criteria to be met by credit organizations engaged in deposit operations.
The Regulation is entered into force 10 days after the day of its publication.
Registered in the Ministry of Justice of the Russian Federation on November 25, 2002. Reg. No. 3947.

Order of the Ministry of Internal Affairs of the Russian Federation No. 1137 of November 21, 2002 on the Endorsement of the Instruction on the Issue, Drawing Up and Registration of Migration Cards by Passport and Visa Divisions and Divisions for Migration Issues of the Ministry of Internal Affairs, Directorates of Internal Affairs, Departments of Internal Affairs of the Subjects of the Russian Federation

Defines the procedure of work with migration cards of passport and visa divisions and division for migration issues of the Ministry of Internal Affairs, directorates of internal affairs, departments of internal affairs of the subjects of the Russian Federation.
Registered in the Ministry of Justice of the Russian Federation on November 22, 2002. Reg. No. 3944.

Decision of the State Standards Committee of the Russian Federation No. 96 of September 23, 2002 on the Endorsement of the Seproneftekhim System of Certification of Petrochemical Products

Specifies the goal, principles, structure and rules of the system of certification of petrochemical products of rubber and asbestos and other elastomer materials and items on their basis. The central body of the system of certification of the petrochemical products is the Office of Raw Materials of the Department of Standardization of the State Standards Committee of Russia.
Registered in the Ministry of Justice of the Russian Federation on November 22, 2002. Reg. No. 3941.

Decision of the Federal Commission for Securities Market No. 42/ps of October 30, 2002 on the Amendments to the Regulation on the System of Qualification Requirements to the Heads, Controllers and Specialists of Organizations Engaged in Professional Activities at Securities Market, to the Heads and Specialists of Organizations Managing Investment Funds, Shared Investment Funds and Non-State Pension Funds, As Well As the Heads and Specialists of Organizations Operating As a Specialised Depositary of Investment Funds, Shared Investment Funds and Non-State Pension Funds Endorsed by the Decision of the Federal Commission for Securities Market of Russia No. 27/ps of July 5, 2002

Reduces the requirements to applicants seeking qualification without qualification examinations - the presence of at least 3 years of continuous length of service. In particular, waves the requirement of work in certain positions directly before submission of the documents to obtain the qualification.
Registered in the Ministry of Justice of the Russian Federation on November 21, 2002. Reg. No. 3937.

Decision of the State Standards Committee of the Russian Federation No. 109 of October 30, 2002 on the Amendment to the Decision of the State Standards Committee of Russia No. 36 of May 24, 2002 on the Endorsement and Entering into Force of the Rules of Certification in the Framework of the System of Certification of Medicines of the GOST R System of Certification

Sets forth that the rules of certification in the framework of the system of certification of medicines of the GOST R system of certification are entered into force from December 1, 2002 (earlier, from November 1, 2002).
Registered in the Ministry of Justice of the Russian Federation on November 14, 2002. Reg. No. 3923.

Federal Law No. 159-FZ of November 27, 2002 on the Ratification of the Agreement between the Russian Federation and the Azerbaijan Republic on the Status, Principles and Terms of Use of the Gabalinskaya Radar (Daryal Radar)

Ratifies the Agreement singed in Moscow on January 25, 2002.

Federal Law No. 151-FZ of November 26, 2002 on the Ratification of the Agreement between the Russian Federation and the State of Kuwait on Avoidance of Double Taxation and Prevention of Evasion of the Tax on Incomes and Capital

Ratifies the Agreement signed in Moscow on February 9, 1999.

Federal Law No. 150-FZ of November 26, 2002 on the Ratification of the Agreement between the Government of the Russian Federation and the Government of the Democratic Socialist Republic of Sri Lanka on Avoidance of Double Taxation and Prevention of Evasion of the Tax on Incomes

Ratifies the Agreement signed in Moscow on March 2, 1999.

Federal Law No. 149-FZ of November 26, 2002 on the Ratification of the Convention between the Russian Federation and the Kingdom of Norway on Avoidance of Double Taxation and Prevention of Evasion of the Tax on Incomes and Capital

Ratifies the Convention singed in Oslo on March 26, 1996 with the Declaration of the Russian side.

Federal Law No. 148-FZ of November 26, 2002 on the Ratification of the Agreement between the Government of the Russian Federation and the Government of the Republic of Indonesia on Avoidance of Double Taxation and Prevention of Evasion of the Tax on Incomes

Ratifies the Agreement signed in Jakarta on March 12, 1999.

Federal Law No. 147-FZ of November 26, 2002 on the Ratification of the Protocol to the Agreement between the Government of the Russian Federation and the Government of the Republic of Finland on Avoidance of Double Taxation for Income Tax

Ratifies the Protocol singed in Helsinki on April 14, 2000.

Federal Law No. 146-FZ of November 26, 2002 on the Ratification of the Convention between the Government of the Russian Federation and the Government of the Republic of Austria on Avoidance of Double Taxation for the Tax on Incomes and Capital

Ratifies the Convention signed in Moscow on April 13, 2000.

Federal Law No. 145-FZ of November 26, 2002 on the Ratification of the Convention between the Government of the Russian Federation and the Government of the Portuguese Republic on Avoidance of Double Taxation and Prevention of Evasion of the Income Tax

Ratifies the Convention signed in Moscow on May 29, 2000.

Federal Law No. 160-FZ of November 27, 2002 on the Ratification of the Agreement on the Creation of the Black Sea Naval Group of Operative Interaction

Ratifies the Agreement signed in Istanbul on April 2, 2001.

Federal Law No. 158-FZ of November 27, 2002 on the Amendments to the Federal Law on the Veterans

The category of veterans of combat operations now includes employees of the criminal execution system of the Ministry of Justice of the Russian Federation sent by the bodies of state power of the Russian Federation and having taken part in combat operations while executing service duties in the Russian Federation or other states.
The list of the periods of combat operations involving the citizens of the Russian Federation includes:
- execution of tasks during the armed conflict in the Chechen Republic and adjacent territories of the Russian Federation qualified as the zone of the armed conflict: from December 1994 through December 1966;
- execution of tasks in the course of anti-terrorist operations on the territory of the North-Caucasian region: from August 1999.
The Federal Law is entered into force from January 1, 2004.

Federal Law No. 157-FZ of November 27, 2002 on the Amendments to the Federal Law on the Free Aid (Assistance) of the Russian Federation and Amendments to Individual Legislative Acts of the Russian Federation on Taxes and on Exemptions from Payments to the State Non-Budgetary Funds Pertaining to Free Aid (Assistance) of the Russian Federation

The list of persons that may grant humanitarian aid (assistance) includes foreign natural persons. Resources and commodities provided by these persons and works and services financed by them may not be qualified as technical aid (assistance).
The Federal Law introduces the opportunity to confirm the inclusion in the free aid (assistance) of intended for financing from the budgets of all levels of state and municipal organizations of special purpose ambulance automobiles, as well as mobile diagnostic laboratories outfitted with special medical equipment obtained by medical institutions for own needs; automobiles intended for carrying 10 persons and more imported for children's homes and nursery homes; cars outfitted with lifting devices for invalid carriages imported for invalid rehabilitation centres.
If there is a confirmation of the inclusion of the mentioned commodities in the humanitarian aid donated free to the Russian side, they are imported without collection of taxes and customs payments.
The Federal Law is entered into force from the day of its official publication.

Federal Law No. 156-FZ of November 27, 2002 on Employer Associations

Defines the legal status of associations of employers, procedure of their creation, operation, reorganization and liquidation. The Law applies to all associations of employers operating on the territory of the Russian Federation.
Defines the notion of the "association of employers" used in the framework of participation of employers and their associations in the process of regulation of the social and labour relations. Thus, an association of employers is a form of a non-commercial organization based on the membership of employers (legal entities and/or natural persons). Associations of employers may be created using the territorial (regional, inter-regional), industry-sector, inter-industry, territorial and industry-sector criteria.
The Law specifies the main rights and duties of associations of employers in their relations with employees, trade-unions and associations of trade-unions including participation of the bodies of state power and the bodies of local government.
The Federal Law is entered into force from the day of its official publication.

Federal Law No. 154-FZ of November 27, 2002 on the Amendment to the Federal Law on the Federal Budget for the Year 2002

Institutes the accounting period of 2002 in the year of 2003, five working days in duration intended to terminate operations of 2002 to allocate the incomes between the levels of the budget system of the Russian Federation and their transfer to the appropriate budgets (federal budget, budgets of the subjects of the Russian Federation, local budgets and the budgets of the state non-budgetary funds).
The Federal Law is entered into force from the day of its official publication.

Regulation of the Central Bank of Russia No. 199-P of October 9, 2002 on the Procedure of Keeping of Cash Operations in Credit Organizations on the Territory of the Russian Federation

Institutes the new procedure of carrying out of bank operations pertaining to organization of cash work, cash collection, transportation and storage of cash and other values for credit organizations and their branches operating on the territory of the Russian Federation.
The Regulation covers the issues pertaining to organization of work with cash when electronic cashiers are used, as well as to cash transfer through automatic safes.
The Regulation is entered into force 10 days after the day of official publication in the Herald of the Bank of Russia.
Registered in the Ministry of Justice of the Russian Federation on November 25, 2002. Reg. No. 3948.

Decision of the State Standards Committee of the Russian Federation No. 92 of September 23, 2002 on the Endorsement of the System of Certification of the Forestry Products

The system has been created to organize and carry out works in obligatory certification and to ensure the necessary level of objectivity and authenticity of the results of certification of the forestry products. The Decision defines the structure of the system and functions of its participants, as well as the rules of certification.
Registered in the Ministry of Justice of the Russian Federation on November 22, 2002. Reg. No. 3940.

Decision of the State Standards Committee of the Russian Federation No. 94 of September 23, 2002 on the Endorsement of the System of Certification of Oil Products

The system has been created to organize and carry out works in obligatory certification and to ensure the necessary level of objectivity and authenticity of the results of certification of oil products. The Decision defines the structure of the system and the functions of its participants, as well as the rules of carrying out of the certification.
Registered in the Ministry of Justice of the Russian Federation on November 22, 2002. Reg. No. 3939.

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