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 28.11.2001

Federal Law No. 146-FZ of November 26, 2001 "Civil Code of the Russian Federation. Part 3"

Part 3 of the Civil Code of the Russian Federation includes two sections - Section V "Law of Succession" and Section VI "International Private Law".
The Federal Law extends the rights of citizens in disposal of their property including the cases of death (freedom of will). Preserves the grounds for succession traditional for domestic law of succession. However, in contrast to the Civil Code of the RSFSR, the first in priority is shown the testamentary succession and the second - the legal one. The number of persons entitled fur succession now includes also legal entities and the state.
The law provides for the opportunity to draw up closed testaments and, in exclusive cases - testaments in simple written form. The closed testament means the absence of opportunity for other persons, including the notary, to learn the contents of the testament.
The legal successors are called up for succession according to priority order. The first six priority orders include the spouse, as well as the kinship of the legator (priority order depending on the relations with the latter). The seventh priority order are stepchildren of the legator. If other legal successors are not available, disabled dependants living together with the legator act independently as the eighth priority order.
The Law reduces the amount of obligatory share of the underaged or disabled children of the legator, his disabled spouse, parents and dependants. These persons may inherit at least half of the share due to each of them in case of legal succession. Earlier, the amount of obligatory share amounted to two thirds of the legal succession.
Section VI "International Private Law" regulates the civil legal relations with a foreign element, i.e. a foreign person or the one being abroad.
Principally new provisions include the rules stating that imperative norms aimed to protect the state and public interests of the Russian Federation shall apply to relations with a foreign element regardless of the law to be applied. The Law introduces for the first time in the Russian legislation the notion of "private law" - the right of the country of citizenship of the person or of founding of the legal entity.
The Law extends the scope in the sphere of conflict of laws providing for an increase in the number of the norms. The new ones include the rules to be applied to contracts involving a consumer, claims cession, to obligations in unilateral deals, to interest in monetary obligations, to responsibility for the damage through the fault of commodity, work or service, to obligations because of unfair competition, to obligations because of unjust enrichment.

Federal Law No. 147-FZ of November 26, 2001 on the Entering into Force of Part 3 of the Civil Code of the Russian Federation

Part 3 of the Civil Code of the Russian Federation is entered into force from March 1, 2002. The same date is fixed to invalidate Section VII "Law of Succession" and Section VIII "Legal Power of Foreign Citizens and Stateless Persons. Application of Laws of Foreign States and International Treaties" of the Civil Code of the RSFSR, and also some other acts. The same sections of the fundamentals of civil legislation of the USSR on the territory of the Russian Federation are not applied. Part 3 of the Civil Code of the Russian Federation has no retroactive effect, i.e. the effect of the norms of the mentioned part of the Code does not apply to relations having emerged before its entering into force.

Ruling of the Constitutional Court of the Russian Federation of November 27, 2001 on the Official Explanation of the Decision of the Constitutional Court of the Russian Federation of May 14, 1999 on the Case of Constitutionality of the Provisions of Part 1 of Article 131 and Part 1 of Article 380 of the Customs Code of the Russian Federation

Imported commodities and transport vehicles may not be confiscated from persons having bought them in circulation on the territory of the Russian Federation if these persons could not produce any effect on observation of the necessary customs formalities because they were not participants of relations pertaining to such property, provided that they did not know and could not know of the illegality of the importation while buying it. The given rule shall apply if such property is not subject to confiscation or state appropriation otherwise according to other legal directives.

Regulation of the Central Bank of Russia and the State Customs Committee of the Russian Federation No. 156-P/01-100/3 of October 12, 2001 on the Amendments to the Regulation of the Bank of Russia and the State Customs Committee of Russia No. 101-P and No. 01-23/32005 of December 22, 1999 (Respectively)

Instruction of the Central Bank of the Russian Federation and the State Customs Committee of the Russian Federation on the procedure of carrying out currency control over the receipts from export of commodities in the Russian Federation No. 86-I and No. 01-23/26541 of October 13, 1999 (respectively) applies to the deals when the commodities are exported from the Russian Federation under the customs regime of reexport, temporary export and processing outside the customs territory.
The scope of the given Instruction does not include:
- deals pertaining to export of commodities from the Russian Federation not envisaging payments for these commodities in foreign currencies and/or currency of the Russian Federation (barter deals, free supplies including humanitarian aid and other);
- deals not envisaging transfer of property rights for the commodities exported from the customs territory of the Russian Federation (including those under leasing contract (except for the cases of purchase of the lease item by a non-resident at residual cost) etc.);
- deals for the export of works, services and results of intellectual activities.
Registered in the Ministry of Justice of the Russian Federation on November 22, 2001. Reg. No. 3049.
The Regulation is entered into force from January 1, 2002.

Regulation of the Central Bank of Russia and the State Customs Committee of the Russian Federation No. 155-P/01-100/4 of October 12, 2001 on the Amendments to the Instruction of the Bank of Russia and the State Customs Committee of Russia No. 86-I and No. 01-23/26541 of October 13, 1999 (Respectively)

Instruction on the procedure of carrying out currency control over the receipts from the export of commodities in the Russian Federation applies to the deals when the commodities are exported from the Russian Federation under the customs regime of reexport, temporary export and processing outside the customs territory. The Regulation defines the terms of the customs registration of commodities placed under these customs regimes.
Registered in the Ministry of Justice of the Russian Federation on November 22, 2001. Reg. No. 3048.
The Regulation is entered into force from January 1, 2002.

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