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 14.05.2002

Federal Law No. 50-FZ of May 7, 2002 on the Amendments to Articles 188 and 189 of the Criminal Code of the Russian Federation

Refines the sings of crimes envisaged in Articles 188 "Smuggling" and 189 "Illegal Export of Technologies, Scientific-and-Technical Information and Services, Raw Materials and Equipment Used in the Creation of Mass Destruction Weapons, Armaments and Military Equipment".
Extends the circle of items of crime illegal actions with which form the crimes envisaged in the mentioned articles. Thus, in Part 2 of Article 188 "Smuggling", responsibility will occur for the illegal moving across the customs border of the Russian Federation of radiation sources, nuclear materials, as well as any armaments and military equipment or materials and equipment that may be used in the creation of mass destruction weapons and means of its delivery and any other types of armaments and military equipment subject to special rules of moving across the customs border.
According to the new wording of Article 189, responsibility under it, besides the illegal export, occurs also for the illegal transfer to a foreign organization or its representative of raw materials, equipment that are known for the person engaged in foreign trade activities to be used in the creation of armaments and military equipment. Article 189 is also extended to include Parts 2 and 3 containing qualification signs of corpus delicti envisaged in it.
The Federal Law is entered into force one month after the day of its official publication. The text of the Federal Law is published in Rossiyskaya Gazeta on May 14, 2002, No. 83.

Federal Law No. 48-FZ of May 7, 2002 on the Amendments to Articles 225 and 226 of the Criminal Code of the Russian Federation

The new wording is provided for Part 2 of Article 225 "Improper Execution of the Duties in the Guarding of Armaments, Ammunition, Explosives and Demolition Devices" and Part 2 of Article 226 "Stealing or Extortion of Armaments, Ammunition, Explosives and Demolition Devices". The wordings are in compliance with the obligation of the Russian Federation to never under any circumstances develop, produce, stockpile, purchase in any other way and store bacteriological (biological) and toxin weapons ("Convention on the Prohibition of the Development, Production and Stockpiling of the Reserves of Bacteriological (Biological) and Toxin Weapons and Their Destruction"). Earlier, the presence in the Criminal Code of the Russian Federation of sanctions for the improper execution of the duties in the guarding of the "biological weapons" or for the stealing or extortion of "biological weapons" showed indirectly the presence of such weapons of mass destruction in the Russian Federation.
The Federal Law is entered into force from the day of its official publication. The text of the Federal Law is published in Rossiyskaya Gazeta on May 14, 2002, No. 83.

Federal Law No. 49-FZ of May 7, 2002 on the Amendments to Some of the Legislative Acts of the Russian Federation Pertaining to Monetary Subsistence of Servicemen and Individual Benefits Granted to Them

Beginning with July 1, 2002, envisages reformation of the system of monetary subsistence by fixing on the stepwise basis the amounts of salaries for the rank and grade for contract servicemen not lower than the appropriate amounts of salaries and monthly supplements for skilled grades of state federal servants of the federal bodies of executive power. The reformation implies the abandoning of the pension supplement to servicemen, benefits in the payment for the housing, communal services and the telephone and their transfer into the monetary form.
The compliance of the typical military ranks and grades of contract servicemen to state positions of the state federal service and qualification grades of appropriate categories of state federal servants of the federal bodies of executive power is endorsed by the President of the Russian Federation.
The Federal Law is entered into force from the day of its official publication. The text of the Federal Law is published in Rossiyskaya Gazeta on May 14, 2002, No. 83.

Federal Law No. 47-FZ of May 7, 2002 on the Amendments to the Federal Law on the General Principles of Organization of Legislative (Representative) and Executive Bodies of State Power of the Subjects of the Russian Federation

Specifies that the law of the subject of the Russian Federation may endorse the budgets of the territorial state non-budgetary funds of the subject of the Russian Federation and reports of their execution.
Also lists the state positions which may not be occupied by the deputy of the legislative (representative) body of the subject of the Russian Federation during the period of his authority.
The Federal Law is entered into force from the day of its official publication. The text of the Federal Law is published in Rossiyskaya Gazeta on May 14, 2002, No. 83.

Decision of the Government of the Russian Federation No. 303 of May 8, 2002 on the Amendment to the Decision of the Government of the Russian Federation No. 536 of July 18, 2000

Refines the authority of the Ministry of Property Relations in the adoption of decisions on the privatisation of the federal property. Specifies, in particular, that the Ministry implements on behalf of the Russian Federation the rights of the stock-holder of open-type joint-stock companies with the stocks owned by the Russian Federation; protects the property and other rights and legal interests of the Russian Federation; publishes in official publications decisions on the terms of privatisation of the federal property.
The text of the Decision has not been published officially as of the moment of preparation of the monitoring.

Ruling of the Supreme Court of the Russian Federation No. GKPI 01-1709 of April 1, 2002

Invalidates provisions of Paragraph 3 of Item 2 and Paragraph 2 of Item 12 of the Instruction of the Central Bank of Russia on the procedure of obligatory sales of the part of the currency receipts inasmuch as it restricts the opportunities of the authorized banks to sell the part of these receipts at the order of the exporter directly to other authorized banks.
Earlier, authorized banks had to sell part of the export currency receipts only at interbank currency exchanges or directly to the Central Bank of Russia which, according to the applicant, increased expenses for conversion operations by the cost of mediation services.

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