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 18.01.2002

Decision of the Constitutional Court of the Russian Federation No. I-P of January 15, 2002 on the Case of Constitutionality of Individual Provisions of Article 64 of the Federal Law on the Main Guarantees of Electoral Rights and the Right to Participate in the Referendum of the Citizens of the Russian Federation and Article 92 of the Federal Law on the Election of the Deputies of the State Duma of the Federal Assembly of the Russian Federation Pursuant to the Appeal of Citizen A.M.Traspov

The subject of the case appeared to be the provisions contained in Items 3 of Article 64 of the Federal Law on the main guarantees of electoral rights and the rights to participate in the referendum of the citizens of the Russian Federation and Item 3 of Article 92 of the Federal Law on the election of the deputies of the State Duma of the Federal Assembly of the Russian Federation stating that in case of a violation of the electoral legislation (including the illegal refusal to a citizen to register as candidate or invalidation of the registration), the unconditional and only prerequisite for the revocation by the court of the decision of the electoral commission on the results of the vote, results of election in the electoral district is the need to confirm the impossibility of the true determination of the results of the occurred expression of the will of the electorate having participated in the vote.
In its appeal to the Constitutional Court of the Russian Federation, A.M.Traspov claims that in case of a refusal to a citizen to register as a deputy candidate, it is not possible to determine the expression of the will of the electorate in principle; hence, the challenged provisions exclude the implementation of the right of the citizen to be elected to the bodies of state power in case of an illegal refusal to register and, therefore, contradict Article 32 (Part 2) of the Constitution of the Russian Federation and the international acts on human rights.
One of the conclusions of the Constitutional Court of the Russian Federation appeared to be the fact that to ensure the timely - before the vote - restoration of the violated electoral rights to prevent the need to recognize the results of the election as invalid in the future, it is necessary to adopt additional legislative measures to prevent unreasonable refusal to register the deputy candidate or invalidation of the existing registration.
The challenged provisions that, in case of an illegal refusal to register the candidate, restrict the authority of the court to invalidate the results of the vote, results of the election and reveal inadequacy of expression of the actual will of the electorate in them by replacing such revealing with a formal "determination of the validity of the results of expression of the will of the electorate" having participated in the vote, thus diminishing and restricting the electoral rights and the right of the citizens for protection in court, were recognized by the Constitutional Court of the Russian Federation as not complying with the Constitution of the Russian Federation, its Articles 3 (Parts 1, 2 and 3), 32 (Parts 1 and 2) and 46 (Parts 1 and 2).

Decision of the Government of the Russian Federation No. 12 of January 14, 2002 on the Amendments to the Acts of the Government of the Russian Federation Pertaining to Services in Telephone, Telegraph Communication and Wired Broadcasting

The amendments are introduced pursuant to the Federal Law on the amendments to the Law of the Russian Federation on the protection of consumer rights and correspond to the provisions of this Law. The subordinate legislation is being brought in compliance with the general principles of the civil legislation (on the proper execution of obligations, on the free will in concluding the contacts) and improves the status of consumers of the telephone, telegraph communication and wired broadcasting.

Decision of the Government of the Russian Federation No. 7 of January 14, 2002 on the Inventory Procedure and Cost Assessment of the Rights for the Results of Scientific and Technical Activities

Defines the procedure of inventory taking for the rights for the results of scientific and technical activities obtained in research, design and technological works financed completely or partially at the expense of the resources of the federal budget, republican budget of the RSFSR and the part of the state budget of the USSR that formed the union budget, as well as the resources of the state non-budgetary funds. The procedure of organization of inventory taking, drawing up and submission of the results of inventory taking must be defined in the methodology recommendations endorsed jointly by the Ministry of State Property Management of the Russian Federation, Ministry of the Industry and Science of the Russian Federation and the Ministry of Justice of the Russian Federation.

Report of the State Statistics Committee of the Russian Federation of January 18, 2002

Inflation index (deflator) used to index the cost of the fixed assets and other property of enterprises at their selling to determine the taxable profit in the IV quarter of 2001 shall amount to 103.8%.

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