Windfall tax for major companies to be introduced in Russia

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Daily Monitoring of the Legislation

Monitoring of the Federal Legislation dated 28.04.2004

Federal Law No. 31-FZ of April 26, 2004 on the Amendments to Article 5 of the Law of the Russian Federation on the Social Protection of Citizens Having Been Exposed to Radiation because of the Disaster at the Chernobyl Nuclear Power Station and Article 2 of the Federal Law on the Amendments to the Law of the Russian Federation on the Social Protection of Citizens Having Been Exposed to Radiation because of the Disaster at the Chernobyl Nuclear Power Station

Brings in compliance with the Decision of the Constitutional Court of the Russian Federation No. 11-P of June 19, 2002 individual norms of the mentioned laws fixing the annual indexing of the amounts of compensation for the damage proceeding from the growth of the cost of living, however, the mechanism of indexing providing for its timely and unconditional nature has not been envisaged.

The Law envisages that the payments to citizens, except for the state pensions, allowances and other payments with indexing defined in other federal laws, shall be indexed on the annual basis proceeding form the level of inflation specified in the Federal Law on the federal budget for the subsequent fiscal year according to the procedure defined by the Government of the Russian Federation.

Abandons the limit of the maximum amount of payments (Rbl 10,000) and specifies the legal grounds to preserve the amounts of the earlier assigned compensation for the damage for the mentioned citizens, including the persons getting more than Rbl 10,000 a month, proceeding from the norms and within the limits specified in the Federal Law on the budget of the Social Insurance Fund of Russia for the appropriate year.

Refines the procedure of application of the limits of monetary compensations for the damage to participants of the elimination of the consequences of the disaster at the Chernobyl Nuclear Power Station with reduced ability to work because of the radiation exposure because of the Chernobyl disaster, however, not being invalids.

The Federal Law is entered into force one month after the day of its official publication.

Federal Law No. 30-FZ of April 26, 2004 on the Ratification of the Agreement between the Government of the Russian Federation and the Government of the Lithuanian Republic on the Promotion and Mutual Protection of Capital Investments

Ratifies the Agreement between the Government of the Russian Federation and the Government of the Lithuanian Republic on the promotion and mutual protection of capital investments singed in Moscow on June 29, 1999.

According to the Convention, the parties shall guarantee to investors full protection and security of their capital investments under their legislation. The investors shall enjoy the most favoured nation regime.

The mentioned capital investments may not be expropriated or nationalised, except for the cases when such measures are taken in the interests of the public according to the procedure specified in the legislation, are not being discriminatory and are associated with a quick, adequate and efficient compensation.

Federal Law No. 29-FZ of April 26, 2004 on the Amendments to Individual Legislative Acts of the Russian Federation

The Federal Law creates the basis for the switchover to the manning of divisions and military units of constant combat readiness with contract servicemen. Appropriate amendments pertaining to the military service procedure and the status of servicemen are introduced in the Federal Laws on the military duty and the military service, on the status of servicemen and the Law of the Russian Federation on additional guarantees and compensations to servicemen undergoing military service on the territories of Trans-Caucasian, Baltic states and the Republic of Tajikistan, as well as fulfilling missions in emergency situations and in armed conflicts.

The key provisions of the Law are aimed at the institution of the testing at admission to contract service, as well as improvement of the mechanisms of material support and incentives for the contract serif icemen of formations and military units of constant combat readiness.

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

Federal Law No. 28-FZ of April 26, 2004 on the Ratification of the Convention on the Occupational Safety and Health in Dock Work (Convention 152)

Ratifies Convention 152 adopted by the 65th session of ILO General Conference in Geneva on June 25, 1979.

The Convention envisages a number of measures pertaining to dock work: training and control necessary for the protection of employees against accidents or health hazards while fulfilling the work; providing the employees with all necessary personal protection devices, as well as all rescue means, that may be reasonably required; working out and introduction of appropriate procedures for emergency situations that may emerge.

Federal Law No. 27-FZ of April 26, 2004 on the Ratification of the Convention Concerning the Social Repercussions of New Methods of Cargo Handling in Docks (Convention 137)

Ratifies Convention 137 adopted by the 58th session of ILO General Conference in Geneva on June 25, 1973.

According to the Convention, dock workers are guaranteed minimum periods of employment or minimum incomes. Registers for all categories of dock workers are being introduced and maintained according to the requirements of the national legislation or practice. Registered dock workers enjoy priority rights in cases of employment in dock works.

Federal Law No. 26-FZ of April 26, 2004 on the Ratification of the UN Convention against Transnational Organized Crime and Its Supplementing Protocol against the Smuggling of Migrants by Land, Sea and Air and the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children

Ratifies The UN Convention against transnational organised crime of November 15, 2000 signed on behalf of Russia in Palermo on December 12, 2000 together with a number of declarations.

Also ratifies the Protocol against the smuggling of migrants by land, sea and air and the Protocol to prevent, suppress and punish trafficking in persons, especially women and children supplementing the mentioned Convention.

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

Federal Law No. 25-FZ of April 26, 2004 on the Amendment to Article 15 of the Federal Law on Armaments

The territorial bodies and organisations of the special authorised federal body of executive power in the sphere of hydrometeorology and associated spheres carrying out activities on remote stations may purchase service short-barrel arms for the guards for carrying and storing while executing their service duties.

Decision of the Government of the Russian Federation No. 221 of April 23, 2004 on the Amendment to the Decision of the Government of the Russian Federation No. 359 of June 21, 2003

The earlier specified temporary rate of the import customs duty for dry yeasts (code according to the Foreign-Trade Commodity Nomenclature of the Russian Federation 2102 10 310 0) in the amount of EUR 0.25 per kg is introduced on the permanent basis.

The Decision is entered into force from April 25, 2004.

Decision of the Ministry of Labour of the Russian Federation No. 46 of April 15, 2004 on the Endorsement of the Procedure of Registration of the Pension and Insurance Rules of Non-State Pension Funds

Defines the rules and procedures of registration of the pension and insurance rules of non-state pension funds, as well as amendments to them.

Decision on the registration of the pension rules or refusal to register them is taken by the Ministry of Labour of Russia no later than within 60 days from the day of receiving of all necessary documents, insurance rules - no later than within 30 days.

Registered in the Ministry of Justice of the Russian Federation on April 23, 2004. Reg. No. 5772.

Regulation of the Central Bank of Russia No. 253-P of March 16, 2004 on the Procedure of Depositary Registration of the Federal State Securities

Defines the procedure of storage of the certificates of the federal state securities and/or registration of the rights for the state bonds. The storage of the bonds and/or registration of the rights for the bonds is arranged by storing global, single (summary) certificates and/or entering records on the custody accounts according to the requirements specified for the form of issue of the bonds. The grounds for operations carried out on the custody accounts pertaining to the transfer of the rights for the bonds is the custody account order containing the list of obligatory requisites (provided in the Regulation). The depositaries must effect transfers on the appropriate custody accounts as of the date indicated in the custody account order. Not accepted for execution are the custody account orders with an earlier date of execution as compared to the date of receiving of the custody account order by the depositaries. The depositaries must report to the depositor or his authorised representative committed operat ions by handing out custody account excerpts within time limits specified in the rules of circulation of the bonds and the custody account contracts.

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

Registered in the Ministry of Justice of the Russian Federation on April 23, 2004. Reg. No. 5768.

Order of the State Customs Committee of the Russian Federation No. 395 of March 30, 2004 on the Endorsement of the Instruction on the Customs Operations Carried out When Declaring the Commodities in the Electronic Form

Defines the procedure and terms of declaring of commodities and transport vehicles when declaring to the customs bodies authorised to accept customs declarations information on commodities, their customs regime and other information necessary for the customs purposes in electronic form only, as well as the particulars of the customs operations carried out when declaring the commodities in the electronic form.

The party declaring the commodities shall declare in the electronic form information to be indicated in the customs declaration, as well as submit information from the documents necessary for the customs registration of commodities under the chosen customs regime and submit it to the customs body through electronic information exchange. The mentioned information shall be certified with electronic digital signature.

Electronic documents confirming the information declared in the customs declaration may be presented by the party declaring the commodities in the formalised form in the formats specified by the State Customs Committee of Russia or, if the formalised form of the document is not envisaged, in the form of their electronic images obtained by scanning the documents on paper medium.

The electronic form of declaring is not applied for excisable commodities subject to licensing when imported to the Russian Federation and/or labelling with excise-duty and/or special stamps and commodities subject to non-tariff regulation measures in the form of the licensing and/or fixing of quotas.

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 April 22, 2004. Reg. No. 5767.

Order of the Ministry of Internal Affairs of the Russian Federation No. 211 of April 1, 2004 on the Fixing of the Supplement (Additional Payment) for the Scientific Grade to Individual Categories of Contract Servicemen and Employees of the Bodies of Internal Affairs

Servicemen occupying military positions of the commanding, teaching and scientific staff in the military institutions of higher professional education, institutions of higher professional education of the Ministry of Internal Affairs of Russia and scientific organisations of the Ministry of Internal Affairs of Russia shall get monthly supplement for the scientific grade in the amount of the monthly supplement for the scientific grade envisaged in the legislation of the Russian Federation for employees occupying staff positions in the budget-supported scientific institutions (organisations) and in the higher educational institutions.

The mentioned payments shall be effected from January 1, 2004.

Registered in the Ministry of Justice of the Russian Federation on April 22, 2004. Reg. No. 5765.

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