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Daily Monitoring of the Legislation

Monitoring of the Federal Legislation dated 31.03.2004

Decision of the Government of the Russian Federation No. 113 of February 27, 2004 on the Procedure of Spending in 2004 by the Closed Administrative Territorial Formations of Subventions for the Implementation of Social Benefits and Guarantees Envisaged in the Federal Laws

Defines the procedure of spending in 2004 by closed administrative territorial formations of subventions allocated to finance expenses pertaining to the implementation of certain social benefits and guarantees. The subventions are provided by the Ministry of Finance of Russia on the basis of the summary budget list of the federal budget within the volumes of financing and the limits of budget obligations.

Decision of the Government of the Russian Federation No. 109 of February 26, 2004 on the Price Forming for Electric and Thermal Power in the Russian Federation

Endorses two documents: fundamentals of price forming for electric and thermal power in the Russian Federation and the rules of state regulation and application of tariff rates for electric and thermal power in the Russian Federation.

Defines the main principles and methods of regulation of tariff rates (prices) for electric and thermal power and for the appropriate services, as well as the reasons and procedure of fixing of such tariff rates.

The system of tariff rates (prices) includes tariff rates (prices) for electric power at the wholesale market and/or their limiting levels, tariff rates for electric and thermal power at the retail trade market, tariff rates and (amount of payment) for the services rendered in this sphere.

The Decision lists the types of activities where organisations engaged in the regulated activities must keep separate records. Three methods may be used in the regulation of tariff rates: method of economically substantiated expenses (spendings), method of economically substantiated profitability of invested capital and the method of indexing of tariff rates. Tariff rates and/or their limiting levels are entered into force from the beginning of the subsequent year for at least one year.

Decision of the Government of the Russian Federation No. 108 of February 26, 2004 on the Invalidation of the Acts of the Government of the Russian Federation on the Payment for the Use of the Objects of Fauna

Pursuant to the entry into force from January 1, 2004 of Chapter 25.1 "Fees for the Use of Objects of Fauna and for the Use of Objects of Aquatic Biological Resources" of the Tax Code of the Russian Federation, invalidates individual acts of the Government of the Russian Federation. In particular, invalidates Decisions No. 1251 of September 29, 1997 on the payment for the use of objects of fauna and its limiting amounts and No. 138 of February 8, 1999 on the limiting amounts of payment for the use of objects of fauna included in the objects of hunting removed from their habitat and No. 1 of January 4, 2000 on the limiting amounts of payment for the use of objects of fauna included in the objects of hunting prohibited from removal form their habitat without the license.

Decision of the Government of the Russian Federation No. 107 of February 25, 2004 on the Endorsement of the Regulation on the Licensing of Activities in the Sphere of Use of Sources of Ionising Radiation

Defines the procedure and terms of licensing of design works, production, installation, operation, technical maintenance, storage and utilisation of the sources of ionising radiation, as well as design works, production and operation of the means of their radiation protection. The endorsed Regulation does not apply to activities pertaining to development, production, testing, operation and utilisation of nuclear weapons and nuclear power units of military destination. The licensing is vested in the Ministry of Public Health of Russia. The license is granted for 5 years. Consideration of the application for the license is charged at Rbl 300, the issue of the license - at Rbl 1,000. The charge for the excerpt from the register of licenses is Rbl 10, for the redrawing of the license - Rbl 100.

The earlier issued licenses preserve their force until expiry.

Decision of the Government of the Russian Federation No. 112 of February 27, 2004 on the Use of Lands Exposed to Radioactive and Chemical Contamination, Land Improvement and Technical Works on Them, Conservation Zones and Preservation of Objects Available on These Lands

Defines the procedure of use of lands having been exposed to radioactive and/or chemical contamination, carrying out of land improvement, technical works and other rehabilitation measures on them, fixing of conservation zones, preservation of available on these lands dwelling homes, objects of industrial destination, objects of social and household services for the population, including those under construction.

Contaminated lands shall be transferred into reserve lands for conservation or used according to their destination while fixing the special terms of their use, or without such terms if the level of contamination and the figures of adverse impact are not in excess of the fixed normatives. The special terms of use of contaminated lands and restrictions pertaining to living conditions for the population and economic or other activities on contaminated lands are specified by the federal bodies of executive power, bodies of executive power of the subjects of the Russian Federation and the bodies of local government.

Order of the Ministry of Education of the Russian Federation No. 487 of February 9, 2004 on the Amendment to the Procedure of Admission to the State Institutions of Higher Professional Education (Higher Educational Institutions) of the Russian Federation Founded by the Federal Bodies of Executive Power

Specifies that accepting of documents from the applicants for the intramural studies begins no later than June 20 (earlier, June 1) and ends no sooner than July 15.

Registered in the Ministry of Justice of the Russian Federation on February 26, 2004. Reg. No. 5586.

Letter of the Ministry of Finance of the Russian Federation No. 16-00-10/3 of February 18, 2004

Explains some issues of submission of accounting reports by organisations to the territorial bodies of statistics. Emphasises that an organisation must submit accounting reports on the forms developed and adopted by it. Submission of accounting reports according to the recommended specimens implies an incomplete fulfilment by organisations of the requirements of the normative documents on accounting work.

Informs that refusal of the tax bodies to accept accounting reports of the organisation because of the absence of the note (stamp) of the territorial body of statistics of submission of accounting reports to it is not in compliance with the requirements of the legislation.

Decision of the Constitutional Court of the Russian Federation of March 3, 2004 on the Case of Constitutionality of Part 3 of Article 5 of the Federal Law on the National Cultural Autonomy Pursuant to the Appeals of Citizens A.K.Ditz and O.A.Schumacher

The Constitutional Court of the Russian Federation recognised as not contradicting the Constitution of the Russian Federation Part 3 of Article 5 of the Federal Law on the national cultural autonomy taking into account the revealed by it obligatory to all constitutional and legal meaning. The Constitutional Court of the Russian Federation has decided that within a subject of the Russian Federation, local national and cultural autonomies may form not more than one subject to the state registration regional national and cultural autonomy of the citizens of the Russian Federation associating themselves with a certain ethnic community and finding themselves in a status of a national minority on the appropriate territory, since such autonomy does not hamper the activities of other than those forming it local national and cultural autonomies or creation and work of other associations of citizens of the Russian Federation assisting preservation of originality, development of language, natural culture and associating themselves with the same ethnic community.

The Decision is entered into force immediately after annunciation.

Decision of the Government of the Russian Federation No. 117 of March 1, 2004 on the Procedure of Preparation, Coordination and Endorsement of Agreements between the Federal Bodies of Executive Power and Executive Bodies of State Power of the Subjects of the Russian Federation on the Handing over to Each Other of the Part of Their Authority, As Well As on the Amendments to Such Agreements

The proposal of the head of the federal body of executive power and the higher official of the subject of the Russian Federation on the handing over by appropriate bodies of power to each other of the part of their authority together with the draft agreement and substantiation of its expediency shall be presented to the Government of the Russian Federation to evaluate it within not more than one month.

The draft agreement shall be sent to the Ministry of Economic Development of Russia, Ministry of Finance of Russia, Ministry of Justice of Russia and other interested federal bodies of executive power for coordination and to the Institute of Legislation and Comparative Law Science to carry out a legal scientific expert evaluation.

Decision of the Government of the Russian Federation No. 116 of March 1, 2004 on the Endorsement of the Regulation on the Fixing and Application of Tariff Rates for Cargo Loading and Unloading and Associated Services of the Internal Water Transport

Specifies the procedure of consideration, endorsement and changing of tariff rates for cargo loading and unloading and associated services of the internal water transport, as well as defines the rules of application of such tariff rates. Economic subjects other than those included in the register of natural monopolies in the transportation shall fix tariff rates for the loading and unloading works independently. The services of the internal water transport pertaining to cargo loading and unloading other than those taken into account in the forming of tariff rates for the loading and unloading works are paid according to the free (agreed) tariff rates.

Calculation of tariff rates for the loading and unloading works is based on the method of compensation of economically substantiated operational expenses for these works taking into account the profit received by the subjects of regulation necessary for their efficient operation and development. Tariff rates for the loading and unloading works are fixed depending on the type of the port mechanisms and according to the cargo nomenclature.

Decision of the Federal Commission for Securities Market No. 03-49/ps of December 24, 2003 on the Amendments to the Regulation on the Disclosing of Information by the Issuers of Emission Securities Endorsed by the Decision of the Federal Commission for Securities Market No. 03-32/ps of July 2, 2003

Lists the disclosed information that may affect significantly the cost of securities of a joint-stock issuer who must disclose the information in the form of a quarterly report and reports of significant facts.

The disclosing of the mentioned information must be made by the issuer through its publication in the newsreel no later than 1 day and on the Internet page no later than within 3 days from the moment of occurrence of the appropriate event. Disclosed information must be available on the Internet page for at least 6 months from the date of its publication in the Internet. Besides, this information must be sent by the issuer to the body in charge of registration in writing no later than within 5 days from the moment of occurrence of the mentioned event.

If the disclosed information may affect significantly the cost of securities available in circulation of the trade organiser at the securities market, the issuer may disclose the mentioned information any time before 10:00 of the last day specified for the disclosing of such information. Before the disclosing of such information in the newsreel, the issuer must notify the trade organiser at the securities market of the intention to disclose such information and its content.

Registered in the Ministry of Justice of the Russian Federation on March 2, 2004. Reg. No. 5593.

Order of the State Customs Committee of the Russian Federation No. 203 of February 13, 2004 on the Fixing of the Authority of the Customs Bodies in the Customs Operations for Commodities Sent across the Customs Border of the Russian Federation in International Postal Dispatches

Lists the specialised customs bodies with authority restricted exclusively to the customs operations for commodities sent across the customs border in international postal dispatches (except for the diplomatic mail and the consular pouch).

The Customs Post of the International Terminal of the Southern Moscow Customs Station also enjoys the authority to carry out customs operations for express cargo moved by specialised transportation and forwarding organisations.

Registered in the Ministry of Justice of the Russian Federation on March 2, 2004. Reg. No. 5590.

Order of the Ministry of Internal Affairs of the Russian Federation and the Ministry of Taxation of the Russian Federation No. 76/AS-3-06/37 of January 22, 2004 on the Endorsement of the Normative Legal Acts on the Procedure of Interaction of the Bodies of Internal Affairs and the Tax Bodies in Prevention, Revealing and Stopping the Tax Violations and Crimes

Defines the procedure of arranging and carrying out by the tax bodies involving the bodies of internal affairs of on-site tax checks of taxpayers, payers of the fees, tax agents, the drawing up and implementation of the results of these checks.

Also specifies the procedure of sending by the bodies of internal affairs of materials to the tax bodies in cases of revealed circumstances requiring actions in the sphere of authority of the tax bodies to take a decision on them. Besides, defines the procedure of sending of materials by the tax bodies to the bodies of internal affairs in cases of revealed circumstances permitting to suggest a committed violation of the legislation on taxes and fees with the signs of a crime.

Registered in the Ministry of Justice of the Russian Federation on February 26, 2004. Reg. No. 5588.

Decision of the Federal Commission for Securities Market and the Ministry of Finance of the Russian Federation No. 04-1/ps, 15n of February 4, 2004 on the Amendments to the Procedure of Keeping of Internal Records of the Deals, Including the Urgent Ones, and Operations with Securities by Professional Participants of the Securities Market Engaged in Brokers', Dealers' Activities and Activities in Securities Management Endorsed by the Joint Decision of the Federal Commission for Securities Market of Russia No. 32 and the Ministry of Finance of Russia No. 108n of December 11, 2001

Specifies that the professional participant must provide for an opportunity to group client orders in the chronological order. The professional participant must keep an internal register of monetary resources and payments under the deals and operations with securities and the internal register of securities for each account of internal records.

If the professional participant concludes a deal through the trade system of the trade organiser envisaging an opportunity of fixing various terms of transfer of the rights for securities and the terms of payment for the securities, as well as in the framework of non-exchange tenders, the order must contain in addition the terms of transfer of the rights for securities, terms of payment for the securities being the subject of the deal, terms of transfer of the rights for securities under the second leg of the repurchase agreement and the terms of payment for the securities being the subject of the deal under the second leg of the repurchase agreement.

Registered in the Ministry of Justice of the Russian Federation on March 3, 2004. Reg. No. 5604.

Order of the Ministry of Taxation of the Russian Federation No. BG-3-24/179 of March 4, 2004 on the Endorsement of the Forms of Documents Containing Information on the Opening (Closing) of the Bank Account, Change of the Bank Account Number of Legal Entities and Independent Entrepreneurs and Its Submission Procedure

From April 1, 2004 enters into force the new recommended forms of the following documents: "Bank Report to the Tax Body of the Opening (Closing) of the Bank Account", "Information Letter of the Tax Body of the Receiving of the Bank Report of the Opening (Closing) of the Bank Account" and the "Bank Notification of the Change of the Bank Account Numbers of Bank Clients". Introduces the new procedure of submission by the banks of information to the tax bodies of the opening (closing) of bank accounts of the taxpayers being bank clients.

Order of the Ministry of Taxation of the Russian Federation No. BG-3-22/165@ of March 1, 2004 on the Invalidation of the Orders of the Ministry of Taxation of the Russian Federation No. BG-3-22/707 of December 10, 2002, No. BG-3-22/164 of April 3, 2003, No. BG-3-22/572 of October 28, 2003

Invalidates the Methodology Recommendations on the application of Chapter 26.3. "System of Taxation in the Form of the Uniform Imputed Income Tax for Individual Types of Activities" of the Tax Code of the Russian Federation with amendments.

Letter of the Department of Insurance Enforcement of the Ministry of Finance of the Russian Federation No. 24-00/KP-44 of March 4, 2004

Explains the issues of application of individual provisions of the Law of the Russian Federation No. 4015-1 of November 27, 1992 on the organisation of insurance in the Russian Federation in the wording of December 10, 2003.

If the insurance organisation accepting property insurance risks has a life insurance license, to reinsure (accept for reinsurance) such risks, the insurance organisation must "abandon" the license for the right of life insurance.

To do it, the insurer must present to the body of insurance enforcement the letter of termination of activities in life insurance and refusal from the license for the appropriate types of life insurance.

The requirements of the availability of a higher economic or financial education, as well as appropriate length of work, for the head and chief accountant of the insurer applies only to the heads and chief accountants of insurers assigned from January 17, 2004.

Decision of the Government of the Russian Federation No. 123 of March 3, 2004 on the Endorsement of the Rules of Revocation of the Decisions of the Bodies of Executive Power of the Subjects of the Russian Federation in the Sphere of State Regulation of Tariff Rates, As Well As Decisions of the Bodies of Local Government Adopted in Execution of the Authority in State Regulation of Tariff Rates for Thermal Power Handed over to Them

Defines the procedure of revocation of the decisions of the bodies of executive power of the subjects of the Russian Federation and the bodies of local government in the sphere of state regulation of tariff rates adopted in excess of authority specified in the rules of state regulation and pricing fundamentals in the sphere of regulated prices (tariff rates) in electric power industry or contradicting the legislation of the Russian Federation in the sphere of electric power industry.

The Federal Power Supply Commission of Russia is the body authorised to revoke the decisions of the bodies of executive power of the subjects of the Russian Federation in the sphere of state regulation of tariff rates adopted in excess of their authority in the sphere of state regulation of prices (tariff rates) in electric power industry.

The bodies of executive power of the subjects of the Russian Federation in the sphere of state regulation of tariff rates are the bodies authorised to revoke the decisions of the bodies of local government adopted in excess of authority in the state regulation of tariff rates for thermal power handed over to them or contradicting the legislation of the Russian Federation in the sphere of electric power industry.

Decision of the Government of the Russian Federation No. 110 of February 26, 2004 on the Improvement of the Procedures of State Registration of Legal Entities and Independent Entrepreneurs

Pursuant to the entry into force from January 1, 2004 of the Federal Law No. 185 of December 23, 2003, amends a number of acts of the Government of the Russian Federation pertaining to the state registration of legal entities and independent entrepreneurs. Endorses the new rules of keeping of the Uniform State Register of Taxpayers and the rules of interaction of the bodies in charge of the registration when registering legal entities in cases of their reorganisation. Specifies the fixed amount of payment in roubles for the information from the Register - Rbl 200 for each document and Rbl 400 for an urgent issue. When requesting taxpayer identification number and the code of the reason of registration, the amount of payment is Rbl 100 or Rbl 200 for an urgent issue.

The amount of payment for a single presentation of information on legal entities and independent entrepreneurs in the electronic form makes Rbl 50,000, for a single presentation of updated information - Rbl 5,000, the annual user service of a single operator position - Rbl 150,000.

Endorses the new form (Form R16003) of the "Application for the Registration of Termination of Activities of an Incorporated Legal Entity". The new wording is provided for 10 forms, including R11001 "Application for the State Registration of the Legal Entity at Creation". The mentioned form is extended to include Sheets F "Information on the Peasant (Farmers') Enterprises Serving As the Basis for Creation of a Production Cooperative or Economic Partnership", G "Information on the Types of Economic Activities" and H "Note of Receipt of the Documents Submitted by the Applicant to the Body in Charge of the Registration for the State Registration of the Legal Entity at Creation".

Information Report of the Ministry of Finance of the Russian Federation of March 2, 2004

Lists foreign states where the Russian Federation has agreements on avoidance of double taxation of incomes and property as of January 1, 2004. Also provides information on the international treaties on avoidance of double taxation signed with these states and the dates of their signing.

Decree of the President of the Russian Federation No. 314 of March 9, 2004 on the System and Structure of the Federal Bodies of Executive Power

Creates a three-level system of the federal bodies of executive power including the federal ministries, federal services and federal agencies. The federal services and federal agencies shall be managed by the federal ministries.

Dissolves 13 ministries, 2 committees, 1 commission, 4 services and 4 agencies. Forms 42 new bodies of executive power getting the functions of the abandoned ones.

The ministries, in contrast to services and agencies, shall enjoy the authority to adopt normative legal acts. However, the ministries may not implement the functions of control and enforcement, judicial functions, as well as the functions in state property management except for the cases specified in the decrees of the President of the Russian Federation. The federal services shall implement the functions of control and enforcement, as well as the special functions in the sphere of defence, state security, protection of the state border, combating crime, public safety. Federal services and federal agencies may issue individual legal acts within their sphere of reference.

Federal agencies shall implement the functions in the rendering of state services, in state property management and judicial functions except for the functions of control and enforcement.

The Decree is entered into force from the day of its official publication with exceptions.

Federal Law No. 11-FZ of March 5, 2004 on the Amendment to the Federal Law on Executive Proceedings

Prohibits levy of execution for the debts of a professional participant of the securities market for the monetary resources of its clients available on a separate bank account (accounts) opened in a credit organisation.

The Law institutes the duty of the broker in cases of levy of execution for the client property to stop immediately operations with his monetary resources in the amount necessary for execution of the writ of execution, as well as to provide information on the client monetary resources within three days from the day of receiving of the tipstaff request.

Federal Law is published in Rossiyskaya Gazeta on March 10, 2004. No. 47.

Federal Law No. 10-FZ of March 5, 2004 on the Amendments to the Federal Law on the Fundamentals of Obligatory Social Insurance Pursuant to the Introduction of the Uniform Social Tax

Specifies that relations pertaining to the fixing and payment of obligatory social insurance fees, control over their payment, appealing against the actions (failure to act) of officials, calling to account of the delinquents shall also be regulated by the legislation of the Russian Federation on taxes and fees. Therefore, the Law shall also apply to other categories of citizens paying insurance contributions and/or taxes, or being paid for, with resources allocated to finance specific types of obligatory social insurance.

Excludes the provision stating that insurance contributions from employees with the amount of earnings below the cost of living specified in the legislation of the Russian Federation are not collected and are transferred for them by the employer insurant.

The Federal Law is published in Rossiyskaya Gazeta on March 10, 2004. No. 47.

Federal Law No. 9-FZ of March 5, 2004 on the Amendment to Article 16 of the Law of the Russian Federation on Education

The benefit to admit beyond the contest to the state and municipal institutions of the secondary professional and higher professional education (in cases of a successful passing of the entrance examinations) shall also apply to the persons up to 23 years of age out of orphan children and children without parental support.

The Federal Law is entered into force from the day of its official publication. The Federal Law is published in Rossiyskaya Gazeta on March 10, 2004. No. 47.

Federal Law No. 8-FZ of March 5, 2004 on the Invalidation of Individual Provisions of the Acts of Legislation of the Russian Federation on Outer Space Activities

Invalidates the requirements on obligatory ratification of all international treaties in the sphere of outer space activities. Thus, all categories of international treaties of the Russian Federation in the sphere of outer space activities are subject to the norms of Article 15 of the Federal Law on international treaties of the Russian Federation.

The Federal Law is entered into force from the day of its official publication. The Federal Law is published in Rossiyskaya Gazeta on March 10, 2004. No. 47.

Federal Law No. 7-FZ of March 5, 2004 on the Ratification of the Agreement between the Member-States of the Shanghai Organisation of Cooperation on the Regional Anti-Terrorist Structure

Ratifies the Agreement signed in St.Petersburg on June 7, 2002. The document institutes the Regional Anti-Terrorist Structure of the Shanghai Organisation of Cooperation with the headquarters in Bishkek. The Regional Anti-Terrorist Structure is a permanent body and is intended to assist coordination and interaction of the competent bodies of the parties in combating terrorism, separatism and extremism.

The Federal Law is published in Rossiyskaya Gazeta on March 10, 2004. No. 47.

Federal Law of the Russian Federation No. 6-FZ of March 5, 2004 on the Amendment to the Law of the Russian Federation on the Institutions and Bodies Executing Criminal Punishments in the Form of a Detention

The Law is extended to include Article 24.1 specifying guarantees to the employees of the criminal execution system elected (assigned) to the legislative (representative) or executive bodies of state power or the bodies of local government. The period of the mentioned authority is included for the employees of the criminal execution system in the total length of service as calendar years, as well as in the length of service permitting to get another special grade, additional leave, length-of-service pension, supplement to the monetary subsistence for the length of service.

The Federal Law is published in Rossiyskaya Gazeta on March 11, 2004. No. 48.

Decision of the Government of the Russian Federation No. 137 of March 5, 2004 on Additional Measures to Regulate the Import of Poultry Meat, Beef and Pork

In case of introduction of a full or partial prohibition for the import of poultry meat, pork, beef - fresh, chilled or frozen - by the State Veterinary Service of the Russian Federation because of the adverse epizootic situation, the participant of the foreign trade activities may redraw the license for the import of the same commodity from another supplier state (union of states) in the same amount regardless of the total volume of the fixed quota.

The Decision is entered into force from the day of its official publication.

Decision of the Government of the Russian Federation No. 136 of March 4, 2004 on the Endorsement of the Typical Regulation on the Body of Executive Power of the Subject of the Russian Federation in Charge of the State Regulation of Tariff Rates

Defines the tasks, procedure of forming and the authority of the body of executive power of the subject of the Russian Federation in charge of the state regulation of tariff rates.

The mentioned body shall fix tariff rates for the services in transmission of electric power over distribution networks, fix supply mark-ups for guaranteed suppliers of electric power, fix tariff rates for thermal and electric power supplied to consumers in the framework of specified levels of tariff rates.

Decisions of the body in charge of the regulation on the endorsement of tariff rates with the values exceeding the specified limiting levels must be coordinated with the federal body of executive power in charge of the regulation of natural monopolies before adoption of the mentioned decisions.

The Decision is invalidated simultaneously with the invalidation of the Federal Law on the state regulation of tariff rates for electric and thermal power in the Russian Federation.

Order of the Ministry of Education of the Russian Federation No. 696 of February 17, 2004 on the Endorsement of the List of Candidacy Examinations

The list of the candidacy examinations taken by the applicants for the grade of the Candidate of Sciences includes history and philosophy of sciences, foreign language and the special subject according to the theme of the dissertation paper.

The Order is entered into force from July 1, 2005.

Registered in the Ministry of Justice of the Russian Federation on March 9, 2004. Reg. No. 5612.

Order of the Ministry of Taxation of the Russian Federation No. BG-3-21/98@ of February 11, 2004 on the Endorsement of the Form of the Estimate of the Regular Payments for the Use of Mineral Resources and Its Filling Procedure

Endorses the form of the estimate of the regular payments for the use of the mineral resources (KND 1151026) and its filling procedure. The estimate drawn up according to the mentioned form is submitted for the reported periods expiring after January 1, 2004. The estimate is submitted by the user of the mineral resources to the territorial bodies of the Ministry of Taxation of Russia and the Ministry of Natural Resources of Russia in the subjects of the Russian Federation at the place of location of the source of natural resources.

Registered in the Ministry of Justice of the Russian Federation on March 3, 2004. Reg. No. 5606.

Information Letter of the Presidium of the Higher Arbitration Court of the Russian Federation No. 76 of February 17, 2004

Conveys recommendations worked out in the arbitration practices of consideration by arbitration courts of cases of revealed facts of legal significance.

Thus, the applicant must prove that the fact, the revealing of which has been declared, implies legal consequences in the sphere of entrepreneurial activities and other economic activities and there is no opportunity to get or restore the documents confirming the fact. The application of the revealing of the fact possessing a legal significance will not be considered if the claim emerged out of the dispute about the right. Such claim may be considered according to the commonly adopted procedure. The application of the revealed presence or absence of the right (property right, right from a liability and other) is not subject to consideration according to special proceedings.

Decision of the Higher Arbitration Court of the Russian Federation No. 16125/03 of February 3, 2004

The applicant challenged the provisions of the Instruction on the filling of the declaration for the value added tax endorsed by the Order of the Ministry of Taxation of Russia No. BG-3-03/25 of January 21, 2002 stating that in the absence of the objects of taxation the taxpayers submit the declaration to the tax bodies at the place of their registration for the specified tax period. According to the applicant, if an independent entrepreneur does not have the duty to pay the given tax than there is no duty to submit the tax declaration.

The court specified that the duty to submit the tax declaration in this or that type of tax is not stipulated by the presence of the amount of such tax due for payment, but the provisions of the law on this type of tax qualifying the appropriate person as the payer of the given tax. The absence of the object of taxation with the taxpayer in a particular tax period and/or the amount of tax due for payment does not exempt him from the duty to submit the declaration for the value added tax.

Procedure of Keeping of the Register of Banks (Endorsed by the Decision of the Management Board of the Deposit Insurance Agency of February 19, 2004 (Protocol No. 5))

Specifies the composition of information included in the Register of Banks, as well as defines the procedures of inclusion of the banks in the Register and removal of the banks from the Register and providing information from the Register to third parties. The bank is included in the Register on the basis of the notification of the Bank of Russia of the issue of the licence to the bank to attract monetary resources of natural persons and open and keep bank accounts for natural persons. A file is built in the course of the keeping of the Register for each bank registered in the deposit insurance system.

Information on the bank inclusion in the Register or removal from it must be published by the Agency in the Herald of the Bank of Russia and the Rossiyskaya Gazeta. The Register is also placed on the official Internet site of the Agency.

Federal Law No. 12-FZ of March 11, 2004 on the Amendments to Article 5 of the Federal Law on the Amendments to the Criminal Code of the Russian Federation and Article 10 of the Federal Law on the Bringing of the Code of Criminal Procedures of the Russian Federation and Other Legislative Acts in Compliance with the Federal Law on the Amendments to the Criminal Code of the Russian Federation

Prolongs the time limits for the entry into force of the new wordings of three articles of the Criminal Code of the Russian Federation pertaining to illegal purchase, storage, transportation, production, processing of narcotic substances, psychotropic substances and their analogues, as well as their illegal production, sale or sending and violation of the rules of their circulation.

The Federal Law is entered into force from the day of its official publication.

The text of the Federal Law is published in Rossiyskaya Gazeta on March 12, 2004. No. 50.

Decision of the Federal Commission for Securities Market No. 03-54/ps of December 26, 2003 on the Endorsement of the Regulation on the Activities in Organisation of Trade at Securities Market

Defines the requirements to activities in organisation of trade at securities market applying to all professional participants of the securities market engaged in activities in organisation of trade in the Russian Federation, including the stock exchanges. A legal entity engaged in activities of a stock exchange may not combine the mentioned activities with other types of activities except for the activities of the currency exchange, commodity exchange (activities in organisation of exchange trade), clearing activities pertaining to clearing operations with securities and investment shares of the shared investment funds, activities in dissemination of information, publishing activities, as well as activities in property leasing.

Lists the license requirements and the terms obligatory for the stock exchanges. Lists the documents submitted by the stock exchange to the licensing body.

Specifies that a clearing organisation engaged in clearing operations for the deals concluded at the stock exchange may use centralised clearing exclusively. Defines the particulars of the registration of the clearing participants and its clients by the clearing organisation. Also defines the clearing particulars of time deals. The clearing centre engaged in time deal clearing may not combine it with other clearing deals with securities.

Trade organisers (including the stock exchanges) and clearing organisations are ordered to bring their activities in compliance with the requirements of the Decision before July 1, 2004.

Securities included in quotation lists as of the moment of entry into force of the Decision must be removed from the appropriate lists after January 2005 if their issuers do not meet the requirements of the endorsed Decision on the activities in organisation of trade at securities market.

The Decision is entered into force 15 days after the day of its official publication with exceptions.

Registered in the Ministry of Justice of the Russian Federation on March 4, 2004. Reg. No. 5610.

Letter of the Ministry of Finance of the Russian Federation, Ministry of Taxation of the Russian Federation, Central Bank of Russia and the Federal Fund of Obligatory Medical Insurance Nos. 12-03-14, BG-15-10/133, 1389-U, 785/50-1/i of March 1, 2004 on the Non-Application of the Joint Letter of the Ministry of Finance of the Russian Federation No. 12-3-4 of December 31, 1997, State Tax Service of the Russian Federation No. AP-6-7/926 of December 31, 1997, Central Bank of the Russian Federation No. 128-U of December 31, 1997, Federal Fund of Obligatory Medical Insurance No. 5226/51 of December 19, 1997 on the Amendments to the Directions Defining the Procedure of Registration and Collection of Insurance Contributions to the State Non-Budgetary Funds of Obligatory Medical Insurance

The mentioned Letter does not apply pursuant to the entry into force of the Direction of the Bank of Russia No. 1222-U of December 16, 2002 on the numbering procedure for the personal accounts opened on the Balance Accounts 40403 "Federal Fund of Obligatory Medical Insurance" and 40404 "Territorial Funds of Obligatory Medical Insurance".

Letter of the Ministry of Public Health of the Russian Federation No. 2510/1860-04-32 of March 1, 2004 on the Tax Exemptions for the Services in Medical Treatment

The social tax exemption in the amount paid for the medical treatment is granted to the taxpayer if the treatment was provided in a medical institution possessing an appropriate license for the medical activities, as well as if the taxpayer presents the documents confirming his actual expenses for the treatment including the certificates of payment for the medical services for submission to the tax bodies of the Russian Federation.

Decision of the Government of the Russian Federation No. 141 of March 15, 2004 on the Endorsement of the Coefficient of Indexing of the Estimated Pension Capital

From April 1, 2004, the coefficient of indexing of the estimated pension capital of the insured as of January 1, 2003 is fixed in the amount of 1.177.

The Decision is entered into force from April 1, 2004.

Decision of the Government of the Russian Federation No. 138 of March 11, 2004 on the Amendment to the Customs Tariff of the Russian Federation Pertaining to Parts and Auxiliaries for Weighing Machines

The rate of the import customs duty for parts and auxiliaries for weighing machines (code according to the Foreign-Trade Commodity Nomenclature 9016 00 900 0) is reduced two times and is fixed in the amount of 5% of the customs cost.

The Decision is entered into force one month after the day of its official publication for 9 months.

Order of the Ministry of Taxation of the Russian Federation No. BG-3-07/734 of December 31, 2003 on the Endorsement of the Procedure of Purchase, Registration and Storage of the Special Stamps for Tobacco and Tobacco Items Produced on the Territory of the Russian Federation

Defines the rules of purchase, registration and storage of the special stamps for tobacco and tobacco items produced on the territory of the Russian Federation. The sale of the special stamps is vested in the territorial tax bodies only for organisations producing tobacco and tobacco items registered at the place of production of the given labelled products and possessing a valid license for production of tobacco items.

The purchased special stamps may not be resold, handed over or alienated in other forms to other organisations and entities except for the return to the territorial tax bodies in envisaged cases.

The payment and receiving of the special stamps may not be made by other organisations for the organisation producing tobacco items.

Federal Law No. 5-FZ of February 24, 2004 on the Amendments to the Federal Law on Joint-Stock Companies

Adopted changes are aimed at improvement of protection of the rights of minority stock-holders (those not possessing the majority holding). The Law specifies that cumulative voting is used in the election of the members of the board of directors for joint-stock companies with any number of stock-holders. The minimum number of the members of the board of directors is at least 5. This permits minor stock-holders possessing in aggregate 20% and more of the voting stocks of the company to elect on the board of directors at least one member, while in the case of a usual voting these stock-holders cannot elect even one member of the board of directors.

Earlier, the cumulative voting in the election of the board of directors was obligatory only for joint-stock companies with the number of stock-holders possessing voting stocks more than 1,000. For joint-stock companies with a lower number of stock-holders, cumulative voting could be used if envisaged in the company charter.

The Federal Law is entered into force from the day of its official publication.

Order of the Government of the Russian Federation No. 364-r of March 13, 2004

The Foreign-Trade Bank, the Russian Bank of Development and the Russian Agricultural Bank are ordered to represent the Russian Federation in courts as agents of the Government of the Russian Federation in issues of return of the debts of legal entities, budgets of the subjects of the Russian Federation and municipal formations in state and/or budget credits provided at the expense of the resources of the federal budget and non-budgetary resources, as well as the debts in resources of tied financing of legal entities granted under the condition of handing over of the stocks in the property of the Russian Federation.

Order of the Ministry of Taxation of Russia No. BG-3-03/190@ of March 11, 2004 on the Amendments to the Order of the Ministry of Taxation of Russia No. BG-3-03/447 of December 20, 2000

The Methodology Recommendations on the application of Chapter 21 of the Tax Code "Value Added Tax" now do not contain the provision stating that if the tax exemption was applied to the property handed over in the registered (shared) capital, the exemption for these amounts of the tax in the tax period of the transfer must be reduced where it pertains to the cost of the property not included through amortisation deductions in the commodities (works, services) production and/or sales expenses or non-sales expenses taken into account in the determination of the profit tax.

Decision of the Government of the Russian Federation No. 142 of March 15, 2004 on the Fixing of the Amounts of the Basic Part of Labour Pensions and Endorsement of the Coefficient of Additional Increase of the Insured Part of the Labour Pension from April 1, 2004

Amounts of the basic parts of the labour old-age, disability and lost-breadwinner pensions are calculated proceeding from the indexed taking into account the growth of inflation basic part of the labour old-age pension as of April 1, 2004 in the amount of Rbl 621 per month.

The Decision fixes the coefficient of additional increase of the insured part of the labour pension from April 1, 2004 in the amount of 1.09.

The Decision is entered into force from April 1, 2004.

Decision of the Federal Commission for Securities Market No. 04-2/ps of February 10, 2004 on the Procedure of Determination and the Minimum Figures of the Normatives of Sufficiency of Own Resources of a Specialised Depositary and the Management Company Being the Subjects of Relations in the Forming and Investing of Resources of Accumulated Pensions

The minimum figure of the normative of sufficiency of own resources (capital) of a specialised depositary is differentiated depending on the volume (cost) of the serviced assets and varies from Rbl 600 million to Rbl 1,000 million. The minimum figure of the normative of sufficiency of own resources of the management company varies from Rbl 50 million to Rbl 100 million.

Registered in the Ministry of Justice of the Russian Federation on March 9, 2004. Reg. No. 5631.

Decision of the Ministry of Labour of the Russian Federation No. 9 of February 9, 2004 on the Endorsement of the Procedure of Application of the Uniform Qualification Guide of Positions of Managers, Specialists and Servants

Specifies that the Uniform Qualification Guide is intended for solving the issues pertaining to regulation of labour relations, ensuring efficient system of management of the personnel of organisations regardless of the form of ownership and organisational and legal forms of activities.

Qualification characteristics of each position consist of three sections: "Official Duties", "Must Know" and "Qualification Requirements".

Qualification characteristics serve as basis for working out of official instructions containing a specific list of official duties of employees taking into account the particulars of organisation of production, labour and management, their rights and responsibility.

Registered in the Ministry of Justice of the Russian Federation on March 9, 2004. Reg. No. 5628.

Order of the State Customs Committee of the Russian Federation No. 230 of February 25, 2004 on the Endorsement of the Instruction on the Procedure of Paying out of the Monthly Supplement for the Complexity, Intensity and Special Service Regime to the Employees of the Customs Bodies of the Russian Federation

The monthly supplement for the complexity, intensity and special service regime in the amount of up to 70% of the salary for the occupied position is fixed for the employees of the customs bodies of the Russian Federation who have their service duties associated with the tasks requiring a high level of professional training, associated with an intensive special service regime.

The supplement is assigned for a definite period, not more than a year as a rule, by the order of the customs body or institution of the State Customs Committee of Russia while indicating its particular amount for each employee.

The supplement is not paid out to the employees in the child-care leave before the child is 3 years old, as well as to employees undergoing service abroad.

Registered in the Ministry of Justice of the Russian Federation on March 9, 2004. Reg. No. 5625.

Order of the Ministry of Taxation of the Russian Federation No. BG-3-22/152 of February 26, 2004 on the Invalidation of the Order of the Ministry of Taxation of the Russian Federation No. BG-3-21/432 of August 13, 2002

Pursuant to the entry into force from January 1, 2004 of the Federal Law No. 147-FZ of November 11, 2003 invalidates the Order of the Ministry of Taxation of Russia No. BG-3-21/432 of August 13, 2002 on the endorsement of the form of the tax declaration for the uniform agricultural tax and its filling Instruction.

Registered in the Ministry of Justice of the Russian Federation on March 9, 2004. Reg. No. 5624.

Decision of the Management Board of the Pension Fund of Russia and the Ministry of Labour of the Russian Federation No. 15p/18 of February 16, 2004 on the Endorsement of the Rules of Paying out of the Pension in Compliance with the Federal Laws on Labour Pensions in the Russian Federation and on the State Pension Support in the Russian Federation

Defines the procedure of paying out of the labour pension (part of the labour pension) and the state pension support pension (other than the length-of-service pension to federal state servants), including organisation of their delivery, as well as control over organisation of paying out of these pensions.

The paying out of the pension is vested in the territorial body of the Pension Fund at the place of location of the pension file on the basis of the application of the pensioner. The pensioner may also choose the organisation delivering the pension and notify of it in writing the territorial body of the Pension Fund.

To pay out the pension, the territorial body of the Pension Fund opens a personal account for each pensioner. The personal account accrues the amounts of the pension due to the pensioner, including the past periods, on the basis of the documents of the pension file and other documents affecting the calculation of these amounts.

Suspension of the payment of the pension because of the failure to get it for six months in succession is executed on the basis of the reported information of the organisation delivering the pension. Suspension of the payment of the pension because of the failure on the part of the invalid to report within specified time limits for re-certification to the body of the State Service of Medical and Social Expert Evaluation is executed upon expiry of the excerpt from the act of certification in the institution of the medical and social expert evaluation.

Registered in the Ministry of Justice of the Russian Federation on March 9, 2004. Reg. No. 5621.

Decision of the Federal Commission for Securities Market No. 04-11/ps of February 27, 2004 on the Composition of the Necessary Expenses When Investing the Resources of the Accumulated Pensions Covered by the Selected in Contest Management Companies and the State Management Company out of Resources of Accumulated Pensions Transferred to Them by the Pension Fund of the Russian Federation

The mentioned composition of expenses includes payment for the services rendered by the specialised depositary to the Pension Fund and the management company, payment for the services of auditor, amounts of insurance premiums, expenses pertaining to the registration of the rights for securities, commission to brokers and other expenses. The list is exhaustive.

Registered in the Ministry of Justice of the Russian Federation on March 9, 2004. Reg. No. 5619.

Decision of the Federal Commission for Securities Market No. 04-8/ps of February 26, 2004 on the Endorsement of the Forms of Reports of the Management Companies Implementing Trust Control over Resources of Accumulated Pensions

Endorses the following forms of reports: of the deals of sale of securities at the prices below the market ones and the deals of purchase of securities at the prices higher than the market ones, of investing of resources of accumulated pensions, of incomes from investing of resources of accumulated pensions. The given forms must be submitted to the Ministry of Finance of Russia, the Pension Fund and the Federal Commission for Securities Market.

Registered in the Ministry of Justice of the Russian Federation on March 9, 2004. Reg. No. 5618.

Order of the Committee for Financial Monitoring of the Russian Federation No. 7 of March 1, 2004 on the Amendments to the Order of the Committee for Financial Monitoring of Russia No. 18 of August 28, 2003

According to the amendments, the list of the states (territories) failing to participate in the international cooperation in the combating of legalisation (laundering) of incomes obtained in a criminal way and financing of terrorism now does not include Ukraine and Egypt.

Registered in the Ministry of Justice of the Russian Federation on March 9, 2004. Reg. No. 5617.

Order of the State Construction Committee of the Russian Federation and the Ministry of Economic Development of the Russian Federation No. 64/40 of February 17, 2004 on the Endorsement of the Procedure of Arranging According to the Simplified Scheme the Contest for Housing Construction to Replace the Destroyed One on the Territory of the Republic of Altay Having Become the Victim of the Earthquake in September-October of 2003

Specifies the procedures of selection by contest of suppliers for the housing construction on the territory of the Republic of Altay for the citizens having become the victims of the earthquake in September-October of 2003 and the contest requirements.

Registered in the Ministry of Justice of the Russian Federation on March 9, 2004. Reg. No. 5615.

Decision of the Constitutional Court of the Russian Federation of March 18, 2004 on the Case of Constitutionality of Part 2 of Article 6 of the Law of the Russian Federation on the Pension Support for the Persons Having Undergone Military Service, Service in the Bodies of Internal Affairs, State Fire Service, Bodies in Charge of Control over Circulation of Narcotic and Psychotropic Substances, Institutions and Bodies of the Criminal Execution System and Their Families Pursuant to the Requests of the Supreme Court of the Russian Federation and the Meshchyansky Regional Court of the City of Moscow

The Constitutional Court of the Russian Federation recognised as not contradicting the Constitution of the Russian Federation the provision of Part 2 of Article 6 of the Law of the Russian Federation of February 12, 1993 on the pension support for the persons having undergone military service, service in the bodies of internal affairs, State Fire Service, institutions and bodies of the criminal execution system and their families stating that pensioners out of persons mentioned in Article 1 of the given Law have their assigned pension for the length of service suspended during the service when they are admitted to the military service or service in the bodies of internal affairs, State Fire Service, bodies in charge of control over circulation of narcotic and psychotropic substances or institutions and bodies of the criminal execution system (including the one in any other states).

The Constitutional Court emphasised that the right to get the pension for the length of service may be implemented by the citizens having undergone military and/or law enforcement service only if they quit the appropriate service permitting to get the given pension. The monetary subsistence paid out to the pensioners having returned to this service, other types of support are assigned proceeding from their available length of the military and/or law enforcement service, with the amount of increased monetary subsistence envisaged for the length of service compensating for the suspended payment of the length-of-service pension to a certain extent.

The Decision is entered into force immediately after annunciation.

Decision of the Government of the Russian Federation No. 143 of March 16, 2004 on the Endorsement of the Rates of Export Customs Duties for Raw Oil and Raw Oil Products from Bituminous Materials and Commodities of Oil Exported from the Territory of the Russian Federation outside the Member-States of the Customs Union Agreements

The rates of the export customs duties for the commodities of oil are increased from USD 30.5 to USD 31.7 per 1,000 kg. The export rate for raw oil and raw oil products from bituminous materials is increased from USD 33.9 to USD 35.2 per 1,000 kg.

The Decision is entered into force one month after the day of its official publication except for the rate of the export customs duty for raw oil and raw oil products from bituminous materials (code according to the Foreign-Trade Commodity Nomenclature of Russia 2709 00) entered into force from April 1, 2004.

Decision of the Ministry of Labour of the Russian Federation No. 17 of February 16, 2004 on the Procedure of Submission by a Non-State Pension Fund of Application for Activities in Obligatory Pension Insurance As an Insurer, Its Registration and Publication of Information of the Registration of Such Application

Provides the form of the application of the non-state pension fund for the activities in obligatory pension insurance as an insurer. Defines the requirements to the procedure of submission of such application, the list of the necessary attached documents, procedure of consideration and registration of such application, as well as publication of information of its registration.

To get the right of work in obligatory pension insurance as an insurer, the fund must provide the certificate confirming the presence of experience of simultaneous keeping of at least 5,000 personal pension accounts for at least one year, or at least 20,000 from July 1, 2009. Besides, the fund must confirm the monetary assessment of the property ensuring the registered activities that must be at least Rbl 3 million, or at least Rbl 30 million from January 1, 2005, at least Rbl 50 million from July 1, 2009. The amount of the fund aggregate contribution of the founders (founder contribution) in the monetary form must be at least Rbl 3 million, or Rbl 30 million from January 1, 2005.

Registered in the Ministry of Justice of the Russian Federation on March 9, 2004. Reg. No. 5634.

Decision of the Federal Commission for Securities Market No. 04-6/ps of February 18, 2004 on the Endorsement of the Procedure of Calculation of the Market Value of Assets and the Cost of Net Assets Being the Object of Investments of the Resources of Accumulated Pensions

The calculation of the market value of assets and the cost of net assets being the object of investments of accumulated pensions is made every working day as of the end of the day separately for each contract of trust control of the resources of accumulate pensions concluded by the management company with the pension fund.

Determination of the market value of the valuable paper is made under the condition that the volume of the market deals used to estimate its average weighted price makes at least Rbl 500,000. If the volume of the mentioned deals is less than Rbl 500,000, the securities are accepted for the estimate of the cost of the investment portfolio at the latest market price defined by the trade organisers (stock exchange) for the given valuable paper. The Decision provides the forms of the estimates of the cost of the investment portfolio, net assets being the object of investments of the resources of accumulated pensions.

Registered in the Ministry of Justice of the Russian Federation on March 9, 2004. Reg. No. 5632.

Federal Law No. 14-FZ of March 17, 2004 on the Amendment to Article 7 of the Federal Law on the Social Guarantees for the Citizens Having Been Exposed to Radioactive Impact Because of the Nuclear Tests at the Semipalatinsk Test Grounds

The sphere of reference of the Government of the Russian Federation now includes determination of the procedure of financing of expenses pertaining to the implementation of the Federal Law on the social guarantees for the citizens having been exposed to the radioactive impact because of the nuclear tests at the Semipalatinsk Test Grounds.

Federal Law No. 13-FZ of March 17, 2004 on the Amendment to Article 1 of the Federal Law on the Total Number of Justices of the Peace and the Number of Court Districts in the Subjects of the Russian Federation

The number of justices of the peace and the appropriate number of court districts in the Republic of Khakasia is increased from 26 to 35.

The Federal Law is entered into force thirty days after the day of its official publication.

Decision of the Ministry of Labour of the Russian Federation No. 5 of January 29, 2004 on the Endorsement of the Uniform Qualification Guide of Positions of Managers, Specialists and Servants, Section "Qualification Characteristics of Positions of Employees of the Centres of Standardisation, Metrology and Certification in Charge of the State Control and Enforcement"

Lists official duties, qualification requirements and requirements to the special knowledge of the employees of the centres of standardisation, metrology and certification in charge of the state control and enforcement.

Registered in the Ministry of Justice of the Russian Federation on March 9, 2004. Reg. No. 5648.

Order of the State Customs Committee of the Russian Federation and the Ministry of Taxation of the Russian Federation No. 229/BG-3-06/145 of February 25, 2004 on the Invalidation of the Order of the State Customs Committee of Russia and the Ministry of Taxation of Russia No. 830/BG-3-06/299 of August 21, 2001

Pursuant to the entry into force from January 1, 2004 of the Customs Code invalidates the Order of the State Customs Committee of Russia and the Ministry of Taxation of Russia No. 830/BG-3-06/299 of August 21, 2001 on the enhancing of the customs and tax control in cases of declaring of commodities under the export customs regime.

Registered in the Ministry of Justice of the Russian Federation on March 9, 2004. Reg. No. 5641.

Order of the Ministry of Taxation of the Russian Federation No. BG-3-09/121@ of February 16, 2004 on the Amendments to the Order of the Ministry of Taxation of Russia No. BG-3-09/664 of December 3, 2003

In view of the simplification of the procedures of state registration of legal entities and independent entrepreneurs, provides the new wording for the forms of documents used for the state registration of peasant (farmers') enterprises.

Registered in the Ministry of Justice of the Russian Federation on March 9, 2004. Reg. No. 5627.

Order of the Ministry of Taxation of the Russian Federation No. BG-3-04/198 of March 15, 2004 on the Forms of the Tax Notifications

Endorses the forms of the tax notifications for the payment of the property tax from natural persons, payment of the tax on property handed over according to succession or donation procedure, payment of the land tax and the transport tax.

Decision of the Government of the Russian Federation No. 147 of March 18, 2004 on the Amendments to the Customs Tariff of the Russian Federation Pertaining to Certain Types of Mounting Devices, Fixtures, Fittings, Hinges and Furniture Wheels

Reduces two times the rates of the import customs duties for certain types of mounting devices, fixtures, fittings, hinges and furniture wheels (from 20% to 10% of the customs cost).

The Decision is entered into force one month after the day of its official publication for 9 months.

Decision of the Government of the Russian Federation No. 146 of March 18, 2004 on the Rates of the Import Customs Duties for Cans Used for Drink Packing

From March 5, 2004, applies on the permanent basis the rates of the import customs duties to cans used for drink packing (code according to the Foreign-Trade Commodity Nomenclature 7310 21 190 1 - EUR 30 per 1,000 pcs., 7310 21 190 9 - 15% of the customs cost).

Decision of the Government of the Russian Federation No. 145 of March 18, 2004 on the Amendment to the Decision of the Government of the Russian Federation No. 2 of January 4, 2000

Increases the limiting number of transport vehicles of the Ministry of Defence of Russia permitting installation of the special signals in the absence of the special colour graphics designs on the outer surfaces of these vehicles.

Information of the Bank of Russia of March 19, 2004 on the Changing of the Normative of Obligatory Reserves

From April 1, obligatory reserves for attracted resources of legal entities and natural persons in the foreign currency, as well as the legal entities in roubles, are reduced from 10% to 9%. The normative for the deposits of natural persons in roubles did not change - 7%.

Decision of the Federal Commission for Securities Market No. 04-4/ps of February 10, 2004 on the Endorsement of the List of Securities Permitted for Urgent Deals and Deals Using Monetary Resources and/or Securities Handed over As Loan by the Broker to the Client (Marginal Deals)

Specifies the list of securities permitted for urgent deals. Urgent deals with the basic assets being the securities not included or excluded from this list may only be committed for the earlier permitted for circulation futures contracts and options of the trade organiser.

The list of securities permitted for marginal deals concluded by the broker on the basis of client orders includes only securities permitted for tenders at the stock exchange and/or of other trade organisers at the securities market possessing an appropriate license of the Federal Commission for Securities Market of Russia and meeting the requirements specified for inclusion of securities in quotation list A of the first level of trade organisers.

Registered in the Ministry of Justice of the Russian Federation on March 9, 2004. Reg. No. 5667.

Order of the State Customs Committee of the Russian Federation No. 162 of February 6, 2004 on the Amendments to the Order of the State Customs Committee of Russia No. 1317 of November 24, 2003

Provides the new wording for the list of commodities of individual category declared separately for each trade mark (company name).

Registered in the Ministry of Justice of the Russian Federation on March 9, 2004. Reg. No. 5666.

Decision of the Social Insurance Fund of the Russian Federation No. 18 of March 1, 2004 on the Amendments to the Methodology Recommendations on the Procedure of Ordering, Carrying out of the Documentary On-Site Checks of Insurants in Obligatory Social Insurance against Industrial Accidents and Occupational Diseases and Taking Measures upon Them

The amendments are stipulated by significant changes in the legislation (simplification of the procedures of state registration of legal entities and independent entrepreneurs, adoption of the budget of the Social Insurance Fund of Russia for the year 2004, the fixing of insurance tariff rates for obligatory social insurance against industrial accidents and occupational diseases for the year 2004). The Decision specifies that the time limit for presenting for execution of the decision of the division (branch of a division) of the Social Insurance Fund of Russia on collection of arrears in insurance contributions and penalties at the expense of the insurant property makes 6 months from the day of return by the bank or credit organisation of the cash collection order of the division (branch of the division) of the Social Insurance Fund of Russia with the note of a full or partial failure to execute the collection.

Registered in the Ministry of Justice of the Russian Federation on March 9, 2004. Reg. No. 5664.

Order of the State Customs Committee of the Russian Federation No. 254 of February 27, 2004 on the List of the Documents and Information Necessary for Declaring of Refined Gold and Silver Exported by Credit Organisations

Specifies the particulars of declaring of information in the cargo customs declaration when declaring exported refined gold and silver. One customs declaration is used to declare information on the exported ingots under one contract (of sale or placing) concluded for one metal (gold or silver) by one consignor to one consignee. Specifies the particulars of filling of Column 42 of the cargo customs declaration.

Lists the documents and information necessary for the declaring and customs control of refined gold and silver exported by credit organisations.

The Order is entered into force 90 days after the day of its official publication.

Registered in the Ministry of Justice of the Russian Federation on March 9, 2004. Reg. No. 5653.

Order of the Ministry of Finance of the Russian Federation No. 27n of March 5, 2003 on the Fixing of the Criteria of Placing of Resources of Accumulated Pensions in the Assets Mentioned in Subitems 2-4 and 6 of Item 1 of Article 26 of the Federal Law No. 111-FZ of July 24, 2002 on the Investing of Resources for the Financing of the Accumulated Part of the Labour Pension in the Russian Federation

When placing the resources of accumulated pensions, additional restrictions for the investing of resources of accumulated pensions must be observed specified in the Decision of the Government of the Russian Federation No. 379 of June 30, 2003 on the additional restrictions for the investing of resources of accumulated pensions in individual classes of assets and determination of the maximum share of individual classes of assets in the investment portfolio in compliance with Articles 26 and 28 of the Federal Law on the investing of resources for the financing of the accumulated part of the labour pension in the Russian Federation and Article 36.15 of the Federal Law on non-state pension funds.

Registered in the Ministry of Justice of the Russian Federation on March 15, 2004. Reg. No. 5680.

Regulation of the Ministry of Finance of the Russian Federation and the Central Bank of Russia No. 20n/251-P of February 17, 2004 on the Invalidation of the Instruction of the Federal Service of Russia for Currency and Export Control and the Bank of Russia No. 03-26/493 and No. 88-I of February 10, 2000 on the Procedure of Issue of Statements on the Reasonableness of Payments in Foreign Currencies under Contracts for Works, Services or Transfer of Results of Intellectual Activities

Invalidates the Instruction specifying the procedure of issue of statements on the reasonableness of payments in foreign currencies under contracts for works, services or transfer of results of intellectual activities.

The Regulation is entered into force 10 days after the day of its official publication.

Registered in the Ministry of Justice of the Russian Federation on March 11, 2004. Reg. No. 5673.

Order of the Russian Patent Agency No. 32 of March 5, 2004 on the Procedure of Keeping of the State Register of the Names of the Places of Origin of Commodities of the Russian Federation

Specifies the form of the sheets of the State Register of the Names of the Places of Origin of Commodities of the Russian Federation and the composition of information mentioned in them. Defines the rules of entering records of registration of the name of the place of origin of the commodity, of the granting of the right of use of the name of the certified place of origin of the commodity, as well as the rules of amending of the sheets of the Register and the rules of their storage.

Registered in the Ministry of Justice of the Russian Federation on March 9, 2004. Reg. No. 5662.

Order of the Russian Patent Agency No. 31 of March 5, 2004 on the Procedure of Keeping of the State Register of Trade Marks and Service Marks of the Russian Federation

Specifies the form of the sheets of the State Register of Trade Marks and Service Marks of the Russian Federation and the composition of information mentioned in them. Defines the rules of entry in the sheets of the State Register of Trade Marks, Service Marks, as well as the rules of amending the sheets of the State Register and the rules of their storage.

Registered in the Ministry of Justice of the Russian Federation on March 9, 2004. Reg. No. 5661.

Order of the Russian Patent Agency No. 29 of March 5, 2004 on the Procedure of Keeping of the State Register of Useful Models of the Russian Federation

Specifies the form of the sheets of the State Register of Useful Models of the Russian Federation and the composition of information mentioned in them. Defines the rules of entry of records of the patented useful models, rules of amending and the rules of storage of the sheets of the State Register with the records entered in them.

Registered in the Ministry of Justice of the Russian Federation on March 9, 2004. Reg. No. 5660.

Order of the Russian Patent Agency No. 28 of March 5, 2004 on the Procedure of Keeping of the State Register of Industrial Prototypes of the Russian Federation

Specifies the form of the sheets of the State Register of Industrial Prototypes of the Russian Federation and the composition of information mentioned in them. Defines the rules of entry of records of the patented industrial prototypes in the sheets of the State Register, as well as the rules of amending the records of the State Register and the rules of their storage.

Registered in the Ministry of Justice of the Russian Federation on March 9, 2004. Reg. No. 5659.

Order of the Russian Patent Agency No. 30 of March 5, 2004 on the Procedure of Keeping of the State Register of Inventions in the Russian Federation

Specifies the form of the sheets of the State Register of Inventions of the Russian Federation and the composition of information mentioned in them. Defines the rules of entry of records of the patented inventions in the sheets of the State Register, as well as the rules of amending the records of the State Register and the rules of their storage.

Registered in the Ministry of Justice of the Russian Federation on March 9, 2004. Reg. No. 5658.

Direction of the Central Bank of Russia No. 1396-U of March 19, 2004 on the Partial Invalidation of the Instruction of the Bank of Russia No. 59 of March 31, 1997 on the Application of the Measures of Intervention to Credit Organisations for the Violation of Prudential Norms of Activities

The Instruction is invalidated inasmuch as it pertains to the daily transfer by the territorial institutions of the Bank of Russia to the Main Informatisation Centre of the Bank of Russia of reports drawn up according to Form 637 "Information on the Applied Measures of Intervention, Presented Claims and Applications Received from the Authorised Persons for the Revocation of the License for Bank Operations from the Credit Organisation and Suggestions of the Courts of Arbitration on the Expediency of Its Revocation, As Well As on the Measures to Prevent Bankruptcy Implemented at the Initiative of the Credit Organisation".

The Direction is entered into force 10 days after the day of its official publication in the Herald of the Bank of Russia. The text of the Direction is published in the Herald of the Bank of Russia on March 24, 2004, No. 19.

Decision of the Plenum of the Supreme Court of the Russian Federation No. 1 of March 5, 2004 on the Application of the Norms of the Code of Criminal Procedures of the Russian Federation by Courts

Explains individual issues of application of certain norms of the Code of Criminal Procedures emerging in judicial practice.

Thus, the passing of a sentence may not be regarded as a violation of the rights of the culprit for protection if the refusal from defence was declared in writing or recorded in the protocol of the appropriate procedural action.

Detention as a restraint measure may be used only if there is no opportunity to use another, softer restraint. In this case, the court should specify the reasons of such detention. Such circumstances may include information permitting to suggest that the suspect, accused can abscond from the bodies of investigation or court, falsify the testimony, exert influence on the victim, witnesses etc. The judge may choose a detention of the suspect as a measure of restraint in the course of the preliminary hearings at the request of the party or at the own initiative.

The Decision emphasises that the right to appeal against the court ruling is vested not only in the state prosecutor but also in the higher ranking prosecutor who did not participate in the court hearings.

If the culprit does not agree to certain episodes of the accusation or does not agree to the substantiation or the volume of the civil case, his request for the judgement without court hearings may not be satisfied. In this case, the case must be considered on common grounds.

Order of the State Customs Committee of the Russian Federation No. 45 of January 19, 2004 on the Amendments to the Order of the State Customs Committee of Russia No. 831 of August 21, 2001

Amends the Order specifying the particulars of the customs control over the import and export of ethyl alcohol, alcoholic and alcohol-containing edible products. The new wording is provided for the list of ethyl alcohol, alcoholic and alcohol-containing products. These products are released only under the condition of presenting to the customs bodies of the licenses for the export/import, storage and supplies of the mentioned products.

The Decision does not apply to the commodities placed under the customs regimes of international customs transit, moving of supplies, to commodities moved by natural persons for personal, family, household, and other needs other than entrepreneurial activities.

Registered in the Ministry of Justice of the Russian Federation on March 15, 2004. Reg. No. 5678.

Order of the State Customs Committee of the Russian Federation No. 272 of March 4, 2004 on the Amendments to the Order of the State Customs Committee of Russia No. 1014 of September 15, 2003

Amends the Order specifying the procedure of issue of permissions to process commodities on the customs territory. Provides the new wording for the form of the permission. Specifies that after the official of the customs body puts the stamp "Release Permitted" on the cargo customs declaration, the third and forth copies of the cargo customs declaration are used as the permission for the processing of commodities on the customs territory.

The Order is entered into force 10 days after the day of its official publication.

Registered in the Ministry of Justice of the Russian Federation on March 12, 2004. Reg. No. 5675.

Federal Constitutional Law No. 1-FKZ of March 25, 2004 on the Forming in the Russian Federation of the New Subject of the Russian Federation As a Merger of the Perm Province and the Komi-Permyatsky Autonomous District

Forms the new subject of the Russian Federation - the Perm Territory - as a result of the merger of the two bordering subjects of the Russian Federation - the Perm Province and the Komi-Permyatsky Autonomous District. The new subject of the Russian Federation shall be formed from December 1, 2005. The Law defines the borders and the status of the new subject. The Perm Province and the Komi-Permyatsky Autonomous District are eliminated as the subjects of the Russian Federation from December 1, 2005.

From the day of the forming of the Perm Territory to the forming of the legislative (representative) body of state power of the Perm Territory of the first convocation, however, no later than January 31, 2007, there will be a transient period of forming of the Perm Territory. The first election of the higher official (head of the higher executive body of state power) of the Perm Territory will be held on first Sunday of December of 2005. Elections of the deputies of the Legislative Assembly of the Perm Territory will be held upon expiry of the authority of the Legislative Assembly of the Perm Province and the Legislative Assembly of the Komi-Permyatsky Autonomous District in December 2006.

The Law regulates the issues of the forming of the bodies of state power of the Perm Territory, the functioning of the legislative (representative) bodies of state power of the Perm Province and the Komi-Permyatsky Autonomous District, interaction of the Governor of the Perm Territory and the legislative (representative) bodies of state power of the Perm Province and the Komi-Permyatsky Autonomous District in the transient period.

The Law defines the authority of the bodies of executive power of the Perm Territory, Perm Province and the Komi-Permyatsky Autonomous District in the transient period, as well as the procedure of functioning of the territorial bodies of the federal bodies of executive power and the federal courts, organisation of local government, the forming and the endorsement in the transient period of the budgets of the Perm Territory, the Perm Province and the Komi-Permyatsky Autonomous District.

The Federal Constitutional Law is entered into force from the day of its official publication.

The Federal Law is published in Rossiyskaya Gazeta on March 26, 2004, No. 62.

Federal Constitutional Law No. 2-FKZ of March 25, 2004 on the Amendments to Articles 24 and 33.1 of the Federal Constitutional Law on the Courts of Arbitration in the Russian Federation

The checking by the Federal Arbitration Court of the Urals District of judicial acts adopted by arbitration courts of the Komi-Permyatsky Autonomous District and the Perm Province ends on June 30, 2007.

The Federal Constitutional Law is entered into force from the day of the forming of the Arbitration Court of the Perm Territory.

The Federal Law is published in Rossiyskaya Gazeta on March 26, 2004, No. 62.

Decision of the State Statistics Committee of the Russian Federation No. 1 of January 5, 2004 on the Endorsement of the Uniform Forms of Initial Documentation of Labour and Labour Remuneration Statistics

Endorses the uniform forms of initial documentation to register personnel, working time and labour remuneration payments. The uniform forms of initial documents of personnel registration apply to organisations regardless of the forms of ownership working on the territory of the Russian Federation, of working time and labour remuneration payments registration - to organisations regardless of the form of ownership working on the territory of the Russian Federation other than the budget supported institutions.

According to the Statement of the Ministry of Justice of the Russian Federation No. 07/2732-YuD of March 15, 2004, the present Decision does not need state registration.

Direction of the Central Bank of Russia No. 1390-U of March 1, 2004 on the Procedure of Informing of the Central Bank of the Russian Federation of the Use of Internet Technologies by Credit Organisations in Their Work

Credit organisations shall present to the territorial institutions of the Bank of Russia in charge of enforcement of their activities the report drawn up according to Form 0409070 "Information of the Use of Internet Technologies by the Credit Organisation". The report is presented on paper and/or electronic media. The report is submitted by credit organisations in cases of: opening of the web site, changing of the functional purpose and/or functional potential of the used web site, changing of the place of location of the used web site and the end of use of the web site.

If Internet technologies are used when the credit organisation works as a client of another credit organisation (nostro correspondent), the report according to Form 0409070 to the territorial institution of the Bank of Russia is not submitted.

The present Direction is entered into force from July 1, 2004 and must be published officially in the Herald of the Bank of Russia.

Registered in the Ministry of Justice of the Russian Federation on March 12, 2004. Reg. No. 5683.

Order of the State Customs Committee of the Russian Federation No. 272 of March 4, 2004 on the Amendments to the Order of the State Customs Committee of Russia No. 1014 of September 15, 2003

Endorses the new wording of the form of the permission for the processing of commodities on the customs territory. After the official of the customs body puts the stamp "Release Permitted" on the cargo customs declaration for the placing of commodities under the customs regime of processing on the customs territory, the third and forth copies of the cargo customs declaration are used as the permission to process the commodities on the customs territory.

The Order is entered into force 10 days after the day of its official publication.

Registered in the Ministry of Justice of the Russian Federation on March 12, 2004. Reg. No. 5675.

Order of the Ministry of Foreign Affairs of the Russian Federation No. 1833 of February 12, 2004 on the Endorsement of the Rules of Drawing up of Invitations for the Entry in the Russian Federation of Foreign Citizens and Stateless Persons

Defines the procedure of work of the Ministry of Foreign Affairs of Russia and its representations on the territory of the Russian Federation in the drawing up and issue of invitations for the entry in the Russian Federation of foreign citizens and stateless persons, registration and storage of blank forms of series KS-2 invitations.

The invitations are drawn up to written applications drawn up in the Russian language according to the provided form within not more than 30 days from the day of applying.

Blank forms of invitations are qualified as strict-reporting documents. The storage of blank forms is arranged in storage rooms meeting the requirements of special regime rooms excluding opportunities of entry for outsiders and providing for preservation of the documents.

Registered in the Ministry of Justice of the Russian Federation on March 24, 2004. Reg. No. 5687.

Order of the Ministry of Taxation of the Russian Federation No. BG-3-09/178 of March 3, 2004 on the Endorsement of the Procedure and Terms of Assigning, Application, As Well As Changing of the Taxpayer Identification Number and the Forms of Documents Used for Registration, Removal from Records of Legal Entities and Natural Persons

The new procedure is endorsed pursuant to the simplification of the procedure of state registration of legal entities and independent entrepreneurs. The Order provides the new forms of documents used for registration, record keeping, removal from records of legal entities and natural persons.

The earlier endorsed forms of applications of natural persons for registration in the tax bodies and removal from records in the tax bodies shall apply from January 1, 2005 when registering/removing from records natural persons registered as independent entrepreneurs before January 1, 2004.

Registered in the Ministry of Justice of the Russian Federation on March 24, 2004. Reg. No. 5685.

Order of the State Customs Committee of the Russian Federation No. 236 of February 25, 2004 on the Endorsement of the Procedure of Carrying out of Individual Customs Operations in Cases of the Customs Warehouse Customs Regime and Obligatory Requirements to the Outfit, Equipment and Place of Location of the Rooms and/or Open Sites Intended for Use As the Customs Warehouse

The permission of the customs body to place the commodities under the customs warehouse customs regime is the conditional release of commodities under the customs warehouse customs regime. The Order specifies the particulars of placing of commodities under the customs warehouse customs regime without actually placing the commodities to this warehouse, prolongation of their storage, moving from one warehouse to another, as well as suspension and renewal of the customs regimes.

For commodities stored, moved, sold and/or used under the customs warehouse customs regime, there is and opportunity for the owners of the customs warehouses to get reports drawn up according to the provided forms.

At the decision of the State Customs Committee of Russia, it is permitted to store individual types of commodities in bulk at the customs warehouse without observing the requirements to the outfit, equipment and place of location of the rooms and/or open sites intended for use as the customs warehouse.

Registered in the Ministry of Justice of the Russian Federation on March 15, 2004. Reg. No. 5677.

Decree of the President of the Russian Federation No. 400 of March 25, 2004 on the Administration of the President of the Russian Federation

The Administration of the President of the Russian Federation is a state body providing for the activities of the President of the Russian Federation and implementing control over execution of his decisions. The Decree defines the composition, sphere of reference of the Administration and lists its independent divisions. The workers of the Administration of the President of the Russian Federation, before termination of the staff arrangement measures, shall continue execution of their service duties according to the earlier occupied positions in case of their consent.

The Decree is entered into force from the day of signing.

Order of the Ministry of Taxation of the Russian Federation No. BG-3-07/188 of March 9, 2004 on the Contents of the Bar Code Placed on the Special Regional Stamps and Its Placing Procedure

The bar code placed on the special regional stamps together with the character and digital text is an encoded in the form of formalised symbols information read by scanning and used for automatic identification of alcoholic products.

The bar code for the special regional stamps is placed by the organisation at the excise duty warehouse or in the department of the Ministry of Taxation of the Russian Federation in the subject of the Russian Federation at the place of location of the excise duty warehouse.

Registered in the Ministry of Justice of the Russian Federation on March 25, 2004. Reg. No. 5688.

Direction of the Central Bank of Russia No. 1404-U of March 26, 2004 on the Revocation of the Form of the License for Bank Operations for Non-Bank Clearing Credit Organisations

the attachment) endorsed by the Bank of Russia on November 19, 1996.

The Direction is entered into force 10 days after the day of its official publication in the Herald of the Bank of Russia.

Letter of the Central Bank of Russia No. 35-T of March 26, 2004 on the Drawing up and Submission of the Reports in Compliance with the Direction of the Bank of Russia No. 1376-Y of January 16, 2004

Credit organisations shall drawn up and submit to the Bank of Russia reports in compliance with the Direction No. 1376-U beginning with the reports for the following reporting periods: daily - for the 1st of April 2004, five day - for the first five days of April 2004, decade - for the first decade of April 2004, monthly - for the April of 2004, quarterly - for the second quarter of 2004.

Decree of the President of the Russian Federation No. 422 of March 29, 2004 on the Call-up to the Military Service for the Citizens of the Russian Federation in April-June 2004 and Dismissal from the Military Service of Draft Servicemen

Provides for the call-up to the military service from April 1 to June 30, 2004 for the pertinent citizens of the Russian Federation aged 18-27 in the amount of 166,050 persons other than those being in the reserve.

The Decree is entered into force from the day of its official publication.

Order of the Ministry of Taxation of the Russian Federation No. SAE-3-21/224 of March 23, 2004 on the Endorsement of the Form of the Tax Declaration for the Property Tax from Organisations (Tax Estimate for Advance Payments) and Its Filling Instruction

Endorses the form of the tax declaration for the property tax from organisations (tax estimate for advance payments) and its filling Instruction. The form is one and the same for the Russian and foreign organisations. The tax estimate for advance payments for the I quarter of 2004 is submitted before April 30, 2004.

Registered in the Ministry of Justice of the Russian Federation on March 29, 2004. Reg. No. 5690.

Direction of the Central Bank of Russia No. 1388-U of February 26, 2004 on the Adjustment of the Acts of the Bank of Russia

Invalidates the Direction of the Bank of Russia No. 721-U of December 30, 1999 defining the procedure of purchase by resident legal entities of foreign currencies to make payments for the carried out works, rendering of services or handing over of results of intellectual activities

The Direction is entered into force 10 days after the day of its official publication in the Herald of the Bank of Russia.

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