Windfall tax for major companies to be introduced in Russia

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Monitoring of the Federal Legislation dated 2.07.2002

Federal Law No. 78-FZ of June 30, 2002 on the Monetary Subsistence to Personnel of Some of the Federal Bodies of Executive Power, Other Payments to This Personnel and Terms of Transfer of Individual Categories of Employees of the Federal Bodies of the Tax Police and the Customs Bodies of the Russian Federation to Other Service (Work) Conditions

Adopted by the State Duma on June 19, 2002.
Approved by the Council of the Federation on June 26, 2002.
The text of the Federal Law is published in Rossiyskaya Gazeta on July 2, 2002, No. 118.
Specifies monetary subsistence to personnel of the bodies of the Ministry of Internal Affairs of the Russian Federation, institutions and bodies of the criminal execution system, State Fire Service, federal bodies of the tax police and the customs bodies of the Russian Federation, as well as the terms of transfer of the employees of the federal bodies of the tax police and the customs bodies to other service (work) conditions.
The monetary subsistence of the mentioned persons consists of the salary (for the position and rank), percent supplements for the length of service, scientific grade, and other additional payments (monthly supplement for the complexity, intensity and special service regime, bonuses for outstanding execution of service duties, lumpsum monetary allowance in the end of the calendar year, material aid and other payments). The Law guarantees the payment of the monthly monetary foodstuffs compensation, the amount being at least the amount of the monetary compensation paid out instead of the foodstuff ration envisaged for the contract servicemen.
If the amount of the monetary subsistence of the state federal servants is increased, the amounts of the monetary subsistence of the employees are indexed in the same proportion.
The Law also specifies the right for the 50% monetary compensation of expenses in the payment for the housing space, communal services, user payment for the telephone for the members of the family (widows), underage children, children younger than 18 years of age having become invalids before this age, children undergoing studies in the general educational institutions, dependants of the persons having been killed (deceased) as a result of the wound or disease because of the execution of service duties.

Decision of the Constitutional Court of the Russian Federation No. 11-P of June 19, 2002 on the Case of Constitutionality of a Number of Provisions of the Law of the Russian Federation of June 18, 1992 on the Social Protection of Citizens Exposed to Radiation because of the Disaster at Chernobyl Nuclear Power Station (in the Wording of November 24, 1995 and February 12, 2001), Federal Laws of February 12, 2001 on the Amendments to the Law of the Russian Federation on the Social Protection of Citizens Exposed to Radiation because of the Disaster at the Chernobyl Nuclear Power Station, of June 19, 2000 on the Minimum Amount of Labour Remuneration and of August 7, 2000 on the Procedure of Fixing the Amount of Stipends and Social Payments in the Russian Federation Pursuant to the Requests of the Supreme Court of the Russian Federation and the Oktyabrsky Regional Court of the City of Krasnodar, Appeals of Citizens and Public Organizations of Chernobyl Victims

The text of the Decision is published in Rossiyskaya Gazeta on July 2, 2002, No. 118.
The Constitutional Court of the Russian Federation has recognized as not complying with the Constitution of the Russian Federation the provisions of the Law of the Russian Federation on the social protection of citizens exposed to radiation because of the disaster at Chernobyl Nuclear Power Station with amendments of February 12, 2001 specifying the annual indexing of the amounts of compensation for the damage proceeding from the growth of the cost of living on the whole of the Russian Federation because these provisions do not envisage such mechanism of indexing that would provide for its unconditional payment in due time and therefore being of indefinite nature.
The Decision recognises as unconstitutional the provisions of the mentioned Law inasmuch as it pertains to the restriction to the maximum amount (Rbl 10,000) of the earlier assigned compensation for the damage to the invalid Chernobyl victims calculated from the earnings, and in case of their death - dependent disabled members of the family. The norm of the Law envisaging compensation for the damage to citizens having suffered as a result of the Chernobyl disaster (without specifying the disability) in the same fixed amount for all (Rbl 250), inasmuch as it permits to reduce the earlier fixed amount of the monthly monetary compensation, is also recognised as unconstitutional.
The Constitutional Court of the Russian Federation has ordered the Government of the Russian Federation to introduce in the State Duma in execution of the present Decision no later than within three months the draft amendments to the federal legislation, and the State Duma to examine them as a priority order.

Decree of the President of the Russian Federation No. 663 of June 25, 2002 on the Amendments to the Decree of the President of the Russian Federation No. 265 of March 6, 1998 on the Monetary Subsistence to the State Federal Servants of the Territorial Bodies of the Federal Bodies of Executive Power, Representations of the Russian Federation and Representations of the Federal Bodies of Executive Power Abroad, Diplomatic Representations and Consular Institutions of the Russian Federation, Offices of the Federal Courts and the Bodies of the Prosecutor's Office of the Russian Federation

The text of the Decree has not been published officially as of the moment of placing on the site.
Fixes the amount of the monthly supplement to the salary for the special conditions of the state service. In particular, the monthly supplement now amounts from 120% to 150% of the salary for the main state positions, from 90% to 120% for the leading state positions, from 60% to 90% for the senior state positions and up to 60% of the salary of the state servant for the junior state positions.
Amends the procedure of endorsement of the labour remuneration funds for the employees of the state federal bodies. As before, resources for the monthly supplement for the special conditions of the state service are envisaged in excess of the amounts allocated for the payment of salaries. Resources allocated for the mentioned supplement now amount to fourteen salaries per year. The Decree is entered into force from June 25, 2002.

Direction of the Central Bank of Russia No. 1171-U of June 24, 2002 on the Amendments to the Direction of the Bank of Russia No. 1001-U of July 17, 2001 on the Correction Coefficients of the Bank of Russia Used to Adjust the Market Cost of Securities Accepted As Collateral for the Credits of the Bank of Russia

The text of the Direction is published in the Herald of the Bank of Russia on June 28, 2002, No. 37.
Changes the amounts of correction coefficients used to adjust the market cost of securities accepted as collateral for the credits of the Bank of Russia. Omits the norms on correction coefficients used to assess the sufficiency of the security of the daily credits and estimate the price of securities accepted as collateral of the daily credits.
The Direction does not apply to the correction coefficients used for the market cost of securities accepted as collateral for the credits of the Bank of Russia granted before the present Direction was entered into force.
The Direction is entered into force from the day of publication in the Herald of the Bank of Russia.

Direction of the Central Bank of Russia No. 1170-U of June 24, 2002 on the Terms of Granting of the Daily Credits and Overnight Credits of the Bank of Russia

The text of the Direction is published in the Herald of the Bank of Russia on June 28, 2002, No. 37.
The interest rate for the overnight credits is fixed by the Bank of Russia and is entered into force from the following working day, if otherwise is not defined by the Bank of Russia. The report of it is transmitted on the daily basis over Reuter information system and is placed on the Internet site of the Central Bank of Russia. The payment for the right of use of the daily credits is fixed to amount to zero.
The Direction is entered into force from the day of publication in the Herald of the Bank of Russia.

Direction of the Central Bank of Russia No. 1169-U of June 24, 2002 on the Amendments to the Regulation of the Bank of Russia No. 19-P of March 6, 1998 on the Procedure of Granting Credits by the Bank of Russia to Banks Backed with State Securities

The text of the Direction is published in the Herald of the Bank of Russia on June 28, 2002, No. 37.
The changes pertain to the particulars of granting and redemption of pawnshop credits and procedure of carrying out the pawnshop credit auctions.
The Direction is entered into force from the day of publication in the Herald of the Bank of Russia.

Direction of the Central Bank of Russia No. 1168-U of June 24, 2002 on the Amendments to the Regulation of the Bank of Russia No. 36 of March 13, 1996 on the Procedure of Providing a Pawnshop Credit to Banks by the Bank of Russia

The text of the Direction is published in the Herald of the Bank of Russia on June 28, 2002, No. 37.
Amends the rules of granting of the pawnshop credit, the procedure of carrying out of pawnshop credit auctions, in particular. Invalidates a number of Directions of the Central Bank of Russia on the granting of pawnshop credits.
The Direction is entered into force from the day of publication in the Herald of the Bank of Russia.

Letter of the Ministry of Taxation of the Russian Federation and the Central Bank of Russia Nos. BG-16-09/86, 01-33/2202 of June 26, 2002 "The Rules of Interaction of the Ministry of Taxation of the Russian Federation and the Central Bank of the Russian Federation in the Issues of State Registration of Credit Organizations"

Specifies the procedure of exchange of documentation between institutions of the Bank of Russia and the tax bodies in issues of entry of information on the registered credit organizations in the Uniform State Register of Legal Entities, introduction of changes to the constituent documents, on issue of licenses for bank operations to credit organizations.
The transfer to the tax bodies of the registration files of credit organizations registered before July 1, 2002 (stored in the territorial institutions of the Bank of Russia) will be carried out according to the additional rules worked out by the Ministry of Taxation of Russia and the Bank of Russia after adoption by the Government of the Russian Federation of the procedure and time limits for the transfer of the mentioned registration files.

Appeal of the Ministry of Taxation of the Russian Federation of July 1, 2002 on the State Registration of Legal Entities

Explains the main aspects of the new procedure of registration of legal entities and the Decision of the Government of the Russian Federation on the appropriate authority of the Ministry of Taxation of Russia. Emphasises, in particular, that the switchover to the applying principle simplifies significantly the very procedure of state registration of legal entities bringing about the opportunities to combine the two directions of work of the executive power: state registration of legal entities and their registration in the tax bodies.
Also reports the addresses, telephone numbers and Internet sites of the departments of the Ministry of Taxation of Russia in the subjects of the Russian Federation.

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