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 2.02.2005

Decision of the Constitutional Court of the Russian Federation No. 1-P of February 1, 2005 on the Case of Constitutionality of Paragraphs 2 and 3 of Item 2 of Article 3 and Item 6 of Article 47 of the Federal Law on Political Parties Pursuant to the Appeal of the Public Political Organisation Baltic Republican Party

The Constitutional Court of the Russian Federation recognised as not contradicting the Constitution of the Russian Federation the provisions of Paragraphs 2 and 3 of Article 3 of the Federal Law on political parties (in the wording of March 21, 2002) stating that a political party must have regional divisions in more than half of the subjects of the Russian Federation and must number at least 10,000 members.

Also recognised as complying with the Constitution of the Russian Federation the provisions of Item 6 of Article 47 of the mentioned Federal Law regulating the consequences of the changing of the status of interregional, regional and local political public associations failing to meet the requirements of political parties.

Decision of the Government of the Russian Federation No. 43 of January 28, 2005 on the Procedure of Work with the Projects Implemented by the Russian Federation with Participation of International Financial Organisations

Specifies the procedure of selection, preparation and implementation of the projects implemented by the Russian Federation with participation of international financial organisations created under international treaties, including the International Bank for Reconstruction and Development, European Bank for Reconstruction and Development, European Investment Bank, the Nordic Investment Bank and other development banks. The project is initiated by the federal body of executive power by submitting a request and the project concept to the Ministry of Economic Development of Russia and the Ministry of Finance of Russia. The Government of the Russian Federation shall examine and approve on the basis of proposals submitted by the project initiator and the statements of the mentioned ministries the proposals to prepare the project, sources of its financing (including the project preparation expenses), time limits of the beginning of implementation of the project and the executor/co-executor of the project.

The project is implemented by the executor in compliance with the agreement with the international financial organisation, decisions of the Government of the Russian Federation, as well as the contracts envisaged in the agreement with the international financial organisation.

Order of the Ministry of Defence of the Russian Federation No. 456 of December 30, 2004 on the Amounts and Procedure of Providing Draft Servicemen with Monetary Resources for the Travel on All Types of Public Transport of Urban, Suburban and Local Transportation (Except for the Taxi)

From January 1, 2005, the draft soldiers, sergeants and sergeant majors, as well as the students of the military institutions of professional education, before they conclude the first contract for the military service, shall get monetary payments from Rbl 70 to Rbl 200 for the travel on all types of public transport of urban, suburban and local transportation (except for the taxi).

Registered in the Ministry of Justice of the Russian Federation on January 28, 2005. Reg. No. 6279.

Direction of the Central Bank of Russia No. 1532-U of December 21, 2004 on the Endorsement of the Program of Training of Bankruptcy Commissioners

Endorses the program of training of bankruptcy commissioners to provide for the uniform thematical content of their training for the cases of bankruptcy of credit organisations.

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 has been published in the Herald of the Bank of Russia on February 2, 2005, No. 5.

According to the Letter of the Ministry of Justice of the Russian Federation No. 01/287-VYA of January 19, 2005, the Direction does not need the state registration.

Methodology Recommendations to Enhance Control over Operations of Purchase of Securities by Natural Persons for Cash and Purchase and Sale of Foreign Currencies in Cash (Endorsed by the Letter of the Central Bank of Russia No. 12-T of January 21, 2005)

Provides examples of a number of transactions permitting to suggest avoidance of procedures of obligatory control, which serves as grounds to register the information in the documentary form. Such transactions must be qualified by credit organisations as increased-risk operations. Information on them must be sent to the authorised body in charge of the combating of the laundering (legalisation) of incomes obtained in a criminal way.

Letter of the Federal Agency for Construction and the Housing and Communal Sector No. YuT-260/06 of January 31, 2005 on the Procedure of Application of the Normatives of Overhead Expenses in Construction

Explains the procedure of adjustment of the normatives of overhead expenses in construction pursuant to the reduction from January 1, 2005 of the maximum rate of the uniform social tax. The normatives of overhead expenses specified in MDS 81-33.2004 and MDS 81-34.2004 should be applied using coefficient 0.94 (except for organisations using the simplified system of taxation envisaging another procedure of application of overhead expenses).

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