Monitoring of the Federal Legislation dated 6.08.2001

Ruling of the Constitutional Court of the Russian Federation No. 138-O of July 25, 2001 on the Request of the Ministry of Taxes and Revenues of the Russian Federation on the Explanation of the Decision of the Constitutional Court of the Russian Federation

The Ministry of Taxes and Revenues of the Russian Federation applied to the Constitutional Court of the Russian Federation for the explanation on the application of the Decision of the Constitutional Court of the Russian Federation of October 12, 1998 defining the moment of payment of the tax. According to the applicant, there is a question in the application of the Decision whether the tax may be considered paid out in the case of a formal writing off of the monetary resources from the taxpayer account in the bank if these amounts are not actually transferred to the budget because of the absence of the monetary resources on the settlement account of the taxpayer or correspondent account of the bank. This permits to avoid paying the tax by transferring the payments formally through insolvable banks and avoid satisfying the claims of reimbursement of the damage to life or health, of paying the wages to person under the labor contract, of payments under civil contracts, as well as of other payments and obligato ry transfers.
      The Constitutional Court has ruled that the given Decision applies only to conscientious taxpayers. The Constitutional Court has pointed out also that the tax bodies may systematically inform the taxpayers of the banks that should be avoided in tax payments, as well as demand of the taxpayers to call back their payment documents for writing off of taxes to inspire the conscientious taxpayers to fulfill their tax obligations and prevent from improper choice of the bank to transfer the taxes to the budget.

Decision of the Government of the Russian Federation No. 573 of July 31, 2001 on the Amendments to the Decision of the Government of the Russian Federation No. 831 of October 30, 2000 on the Time Limits for the Novation of the Bonds of Series III Internal

The holders of the bonds of Series III Internal State Currency Loan that have not presented them for exchange before November 30, 2000 may carry out their novation from August 1, 2001 on the conditions defined in the Decision of the Government of the Russian Federation No. 1306 of November 29, 1999 on the novation of the bonds of Series III Internal State Currency Loan, with the exchange of the bonds of Series III Internal State Currency Loan presented for novation after November 1, 2001 being permitted only for the bonds of the State Currency Loan of 1999. The Bank for Foreign Economic Relations is ordered to accept, beginning with August 1, 2001, applications for the mentioned novation from the holders of the bonds of Series III Internal State Currency Loan.

Decision of the Government of the Russian Federation No. 574 of August 2, 2001 on Some Issues of the Regulation of the Temporary Import of Foreign-Made Aircraft Equipment

Preserves the condition of the full exemption from the customs duties and taxes of foreign-made aircraft equipment, spare parts and engines for it, as well as simulators temporarily imported on the basis of the earlier decisions of the Government of the Russian Federation.