Monitoring of the Federal Legislation dated 11.03.2004

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.