Monitoring of the Federal Legislation dated 4.01.2003

Federal Law No. 200-FZ of December 31, 2002 on the Amendments to the Federal Law on the Service in the Customs Bodies of the Russian Federation

The Law is extended to include Article 22.1 specifying the guarantees to the employees of the customs bodies elected (appointed) to the legislative (representative) or executive bodies of state power or bodies of local government. After termination of their powers, the mentioned persons get the earlier occupied position or, with their consent, another position at the previous or another place of service. The period of implementation of the mentioned powers is included in the total length of service, as well as the length of service qualifying for the next special grade, additional leave, length-of-service pension, percent supplement for the length of service to the salary.
The Federal Law is entered into force from the day of its official publication.

Federal Law No. 199-FZ of December 31, 2002 on the Amendment to the Law of the Russian Federation on the Federal Bodies of the Tax Police

The Law is extended to include Article 131 specifying the guarantees to the employees of the tax police elected (appointed) to the legislative (representative) or executive bodies of state power or bodies of local government. After termination of their powers, the mentioned persons get the earlier occupied position or, with their consent, another position at the previous or another place of service. The period of implementation of the mentioned powers is included in the total length of service, as well as the length of service qualifying for the next special grade, additional leave, length-of-service pension, percent supplement for the length of service to the salary.
The Federal Law is entered into force from the day of its official publication.

Federal Law No. 198-FZ of December 31, 2002 on the Amendments to the Federal Law on the Individual (Personified) Registration in the System of the State Pension Insurance

Innovations reflect the changes in the legislative regulation of the system of pension insurance occurred in 2002 pursuant to the adoption of the Federal Law No. 167-FZ of December 15, 2001 on the obligatory pension insurance in the Russian Federation. The Law refines the procedure of keeping of the individual personal account of the insured person, procedure of submission of information on the insured persons. Specifies, in particular, that such information is submitted by insurers once a year no later than March 1.
The Federal Law is entered into force from the day of its official publication.

Federal Law No. 197-FZ of December 31, 2002 on the Budget of the Pension Fund of the Russian Federation for the Year 2003

Endorses the budget of the Pension Fund of the Russian Federation for the year 2003 with expenses amounting to Rbl 864,898.3 million and incomes amounting to Rbl 822,841.4 million. Defines the sources of internal financing of the deficit of the Fund budget, as well as the procedure of use of resources received in 2003 in the Fund budget in excess of the specified amounts.
The Federal Law is entered into force from January 1, 2003.

Federal Law No. 196-FZ of December 31, 2002 on the Amendment to Article 243 of the Tax Code of the Russian Federation

If in the reported (tax) period for the uniform social tax the amount of the applied tax exemption exceeds the amount of the actually paid insurance contribution for obligatory pension insurance for the same period, such difference is recognized as underpaid uniform social tax due for payment from the 15th of the month following the month of transfer of advance payments for the given tax.
According to the previous wording of the given norm, the mentioned difference must have been paid from the 15th of the month following the reported (tax) period where such underpayment occurred.
The Federal Law is entered into force from January 1, 2003, however, no sooner than one month after the day of its official publication.

Federal Law No. 195-FZ of December 31, 2002 on the Amendment to the Federal Law on the Amendments to Articles 149 and 164 of Part 2 of the Tax Code of the Russian Federation

The 10% VAT exemption rate used for the sale of works and services in production and distribution of periodicals and books in the sphere of education, science and culture is extended till January 1, 2005. The mentioned exemption must have been expired from January 1, 2003. Thus, the Law is aimed at prevention of the growth of prices for the printed matter.
The Federal Law is entered into force from the day of its official publication.

Federal Law No. 194-FZ of December 31, 2002 on the Prolongation of the Federal Law on the Consumer Basket for the Whole of the Russian Federation

The mentioned Law is prolonged till December 31, 2003 inclusive. The Government of the Russian Federation is recommended to introduce before June 1, 2003 the draft law to the State Duma envisaging an increase from January 1, 2004 of the consumption of foodstuffs, non-food products and services comprising the consumer basket for the whole of the Russian Federation.
The Federal Law is entered into force from January 1, 2003.

Federal Law No. 193-FZ of December 31, 2002 on the Invalidation of Some of the Legislative Acts of the Russian Federation on the Tax on the Purchase of Foreign Currencies and Payment Documents in Foreign Currencies

Abandons from January 1, 2003 the tax on the purchase of foreign currencies and payment documents in foreign currencies. The tax is abandoned because of its insignificant portion in the incomes part of the budgets of various levels and inconsistency of expenses for its collection and receipts from it. The revocation will simplify the tax system of the Russian Federation and reduce the tax burden for a significant portion of taxpayers.
The Federal Law is entered into force from January 1, 2003.

Federal Law No. 192-FZ of December 31, 2002 on the Amendments to Article 5 of the Law of the Russian Federation on Currency Regulation and Currency Control

The amendments envisage that on the basis of the permission of the Central Bank of the Russian Federation, the residents being debtors under credit contracts concluded with non-residents being agents of the governments of foreign member-states of the Organisation of Economic Cooperation and Development may enter monetary resources in foreign currencies from foreign-trade activities on their accounts or accounts of third parties in foreign banks. The mentioned resources in foreign currencies may be used only to fulfil their debt obligations by residents under the mentioned credit contracts or transferred to foreign currency accounts of the appropriate resident opened in the authorised banks. The residents are exempted from the obligatory sale of foreign currency receipts at the internal market of the Russian Federation within the limits of amounts necessary to fulfil obligations under the mentioned credit contracts.
The Federal Law is entered into force from the day of its official publication.

Federal Law No. 191-FZ of December 31, 2002 on the Amendments to Chapters 22, 24, 25, 26.2, 26.3 and 27 of Part 2 of the Tax Code of the Russian Federation and Some Other Acts of the Legislation of the Russian Federation

Amends individual chapters of Part 2 of the Tax Code of the Russian Federation. In particular:
- refines the procedure of payment of excise duty taxes in operations with oil products;
- specifies the procedure of determination of the taxable base for the profit tax for incomes from production with a long process cycle; amends the procedure of determination of the taxable base of the transient period for the given tax;
- specifies that expenses for the cost of commodities purchased for further sale are taken into account in the calculation of the uniform tax according to the simplified system of taxation. The taxpayer having switched over from the simplified system to the common taxation regime may switch over again to the simplified system no sooner than one year after he lost the right of its application;
- taxation system in the form of the uniform imputed income tax for individual types of activities may be applied in retail trade in shops with the service area not greater than 150 square meters. The given criteria amounted earlier to 70 square meters. The tax declarations for the given tax are submitted no later than the 20th of the first month of the following tax period.
Amendments are introduced to the Federal Law No. 129-FZ of November 21, 1996 on the accounting work specifying the particulars of accounting work in organisations using the simplified system of taxation and a number of other legislative acts on taxes and fees.
The Federal Law is entered into force from January 1, 2003 with exceptions.

Federal Law No. 190-FZ of December 31, 2002 on Obligatory Social Insurance Allowances to Citizens Working in Organisations and with Independent Entrepreneurs Using Special Tax Regimes and to Some Other Categories of Citizens

Specifies the procedure of calculation and payment of obligatory social insurance allowances to citizens working in organisations and with independent entrepreneurs using special tax regimes and to some other categories of citizens, as well as the procedure of payment of insurance contributions by individual categories of insurers. The mentioned employers may pay on the voluntary basis to the Social Insurance Fund of the Russian Federation insurance contributions for the social insurance of employees for temporary disability in the amount of 3.0% of the taxable base determined according to Chapter 24 "Uniform Social Tax" of the Tax Code of the Russian Federation for the appropriate category of payers and according to the procedure defined by the Government of the Russian Federation.
The Federal Law is entered into force from January 1, 2003.

Federal Law No. 189-FZ of December 31, 2002 on the Amendment to Article 10 of the Federal Law on Tobacco Smoking Restrictions

Specifies that the requirement on the need to place warnings of the danger of smoking and information on the tar and nicotine content in the cigarette smoke per package (box) of tobacco items is entered into force from January 1, 2003 pertaining only to production and import of tobacco items for consumption on the territory of the Russian Federation. The mentioned requirements pertaining to the wholesale and retail trade of tobacco items on the territory of the Russian Federation are entered into force from July 1, 2003. Thus, tobacco items produced before January 1, 2003 enjoy an additional, 6-months long terms of sale.
The Federal Law is entered into force from the day of its official publication.

Federal Law No. 188-FZ of December 31, 2002 on the Budget of the Federal Fund of Obligatory Medical Insurance for the Year 2003

Endorses the budget of the Federal Fund of Obligatory Medical Insurance for the year 2003 with incomes amounting to Rbl 5,314.33 million and expenses amounting to Rbl 5,314.33 million. Defines the sources of internal financing of the deficit of the Fund budget, specifies the normalised insurance reserve of financial resources of the Fund, as well as the procedure of use of resources received in 2003 in the Fund budget in excess of the specified amounts.
The Federal Law is entered into force from January 1, 2003.

Federal Law No. 187-FZ of December 31, 2002 on the Amendments to Part 2 of the Tax Code of the Russian Federation and Some Other Acts of the Legislation of the Russian Federation

The amendments correct the norms of the tax legislation pertaining to attorney activities aimed to ensure implementation of the rights and interests of attorneys. The handing over of the property (including the property rights) of the boards of attorneys and other attorney formations distributed at their reorganization in compliance with the requirements of the Law No. 63-FZ of May 31, 2002 on the advocacy in the Russian Federation is not recognized as sale and is not subject to the value added tax. The cost of such property is not included in the taxable base in the calculation of the amount of the income tax from natural persons under the condition that within six months from the day of receiving of this property it has been handed over by the taxpayer to the newly created board of attorneys or attorney bureau. The current currency operations include transfers including the payment for the legal aid rendered by the attorney including the award and the compensation of expenses pertaining to the execution of the order.
The Law on accounting work is amended to qualify attorneys engaged in attorney activities in an attorney cabinet for the purposes of registration of economic operations as citizens engaged in entrepreneurial activities without the forming of the legal entity.
The Federal Law is entered into force one month after the day of its official publication.

Federal Law No. 186-FZ of December 30, 2002 on the Amendment to Article 51 of the Federal Law on the Military Duty and the Military Service

The reasons for dismissal from the military service according to the health condition is considered to be the fact of being recognized by the commission of military physicians as partially fit for military service of a contract serviceman in the military position with the grade up to sergeant major or petty officer (earlier, up to ensign or warrant officer) inclusive or a draft serviceman.
The Federal Law is entered into force from the day of its official publication.

Federal Law No. 185-FZ of December 28, 2002 on the Amendments to the Federal Law on the Securities Market and on the Amendment to the Federal Law on Non-Commercial Organisations

The Law reflects practical experience is issue of securities, their registration, as well as disclosing of information by issuers, solves a number of practical problems preventing from issue and circulation of securities at the Russian stock market. In particular, provides a new, more refined as compared to the existing one, definition of the notion of the "bond" taking into account different forms of incomes obtained form the bonds, including the discount. Creates the basis to issue the bonds secured with methods envisaged in the Civil Code of the Russian Federation (bail, bank guarantee, pawn).
Creates the legal basis for issuer options. Earlier, the legislation did not envisage opportunities to issue such securities.
The Federal Law is entered into force from the day of its official publication with exceptions.

Federal Law No. 184-FZ of December 27, 2002 on the Technical Regulation

The subject of the legislative regulation is relations between legal entities and natural persons, state bodies emerging, changing or terminating in view of the fixing of obligatory technical norms and rules, confirming of compliance of products, production processes (methods) with obligatory requirements, standardisation, accreditation of the bodies in charge of certification and testing laboratories (centres), suing for cases of inconsistency with the requirements of technical protocols and financing of works in the sphere of technical regulation. The Law does not apply to the state educational standards, regulations (standards) on accounting work and the rules (standards) of audit activities, standards of issue of securities and security prospectuses.
The requirements to the products are divided into obligatory ones specified in the technical protocols and the voluntary ones contained in the standards.
Obligatory technical requirements may be specified only in the federal laws, decrees of the President of the Russian Federation and decisions of the Government of the Russian Federation.
The Law changes the legal basis and principles of standardisation in the Russian Federation, national system of standardisation, procedure of development and application of the standards.
Certification may be carried out on the voluntary basis in the systems of voluntary certification or on the obligatory basis. Obligatory certification is carried out in cases and according to the procedure envisaged in technical protocols.
The Law specifies the responsibility and procedures applied in cases of inconsistency with the requirements of the technical protocols.
The Law also specifies the final and transient provisions for the seven year period from the day of entry of the Law into force.
The Federal Law is entered into force six months after the day of its official publication.

Federal Law No. 183-FZ of December 27, 2002 on Insurance Tariff Rates for Obligatory Social Insurance against Industrial Accidents and Occupational Diseases for the Year 2003

Specifies that in 2003, insurance contributions for obligatory social insurance against industrial accidents and occupational diseases are paid by the insurer according to the procedure and tariff rates fixed in the Federal Law No. 17-FZ of February 12, 2001 on insurance tariff rates for obligatory social insurance against industrial accidents and occupational diseases for the year 2001.
The Federal Law is entered into force from January 1, 2003.

Federal Law No. 182-FZ of December 27, 2002 on the Amendments to Part 2 of the Tax Code of the Russian Federation and Some Other Acts of the Legislation of the Russian Federation on Taxes and Fees

Part 2 of the Tax Code of the Russian Federation is extended to include Chapter 29 "Gambling Business Tax" entered into force from January 1, 2004. The Law refines the provisions of the actual Federal Law No. 142-FZ of July 31, 1998 on the gambling business tax inasmuch as they pertain to the fixing of particular rates of the given tax in the laws of the subjects of the Russian Federation.

Federal Law No. 181-FZ of December 27, 2002 on the Amendments to the Federal Law on the Entering into Force of the Criminal Procedural Code of the Russian Federation

Specifies particular time limits for introduction of the jury courts in different subjects of the Russian Federation depending on the level of readiness of the respective courts, as well as imposes the duty of the Government of the Russian Federation to develop and introduce in the State Duma the draft law on the procedure of forming of the lists of candidates of jury members.
The Federal Law is entered into force from the day of its official publication.