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 4.07.2002
Burdov vs. Russia (Appeal 59498/00). Decision of the European Human Rights Court of May 7, 2002
The Decision in A.T.Burdov case is the first one against the Russian Federation on the substance of the matter.
The essence of A.T.Burdov's claims against the Russian Federation is that the decisions of the Russian courts in his favour on the collection from the Department of Social Protection of Population of the city of Shakhty of the Rostov Province of money in compensation of the damage to the claimant's health incurred as a result of his participation in the works to eliminate the accident at Chernobyl Nuclear Power Station have not been executed for a long time.
The European Court has decided that prolonged (for two years) failure to execute the court rulings is in violation of the provisions of Item 1 of Article 6 of the European Convention on Human Rights and Fundamental Freedoms (right for the fair examination of the case by the court) and Article 1 of Protocol 1 to this Convention (right for respect of property) and obliged the Russian Federation to pay out to A.T.Burdov the "fair compensation" for the incurred moral damage in the amount of EURO 3,000.
Pursuant to the provisions of the above European Convention, the Russian Federation must execute the decision of the European Court. Simultaneously, the authorities of our country must take necessary measures to eliminate the consequences of the available violation of the given Convention and prevent similar situations in the future.
The text of the Decision is published in Rossiyskaya Gazeta on July 4, 2002, No. 120.
The essence of A.T.Burdov's claims against the Russian Federation is that the decisions of the Russian courts in his favour on the collection from the Department of Social Protection of Population of the city of Shakhty of the Rostov Province of money in compensation of the damage to the claimant's health incurred as a result of his participation in the works to eliminate the accident at Chernobyl Nuclear Power Station have not been executed for a long time.
The European Court has decided that prolonged (for two years) failure to execute the court rulings is in violation of the provisions of Item 1 of Article 6 of the European Convention on Human Rights and Fundamental Freedoms (right for the fair examination of the case by the court) and Article 1 of Protocol 1 to this Convention (right for respect of property) and obliged the Russian Federation to pay out to A.T.Burdov the "fair compensation" for the incurred moral damage in the amount of EURO 3,000.
Pursuant to the provisions of the above European Convention, the Russian Federation must execute the decision of the European Court. Simultaneously, the authorities of our country must take necessary measures to eliminate the consequences of the available violation of the given Convention and prevent similar situations in the future.
The text of the Decision is published in Rossiyskaya Gazeta on July 4, 2002, No. 120.
Ruling of the Constitutional Court of the Russian Federation No. 108-O of May 14, 2002 on the Refusal to Accept for Consideration of the Appeal of the Open-Type Joint-Stock Company Kemerovospetsstroy against the Violation of the Constitutional Rights and Freedoms by the Provision of Paragraph 1 of Item 2 of Article 45 of the Tax Code of the Russian Federation
In case of a failure to get tax payments in the budget, the tax bodies may carry out the necessary check to establish the taxpayer unfairness and ensure the balance of state and private interests and submit claims to the courts of arbitration to ensure the receipt of taxes in the budget including the claims to invalidate the deals and collect everything obtained from them as incomes of the state as envisaged, in particular, in Article 169 of the Civil Code of the Russian Federation.
Decree of the President of the Russian Federation No. 679 of July 2, 2002 on the Amendments to the Decree of the President of the Russian Federation No. 711 of June 15, 1998 on Additional Measures to Ensure the Traffic Safety and the Regulation on the State Traffic Inspection of the Ministry of Internal Affairs of the Russian Federation Endorsed by This Decree
Introduces the short name of the State Traffic Inspection of the Ministry of Internal Affairs of the Russian Federation.
The State Traffic Inspection shall register and keep records of the trailers to vehicles intended for use on public highways. The earlier existing records included all trailers without exceptions.
Instead of the organization of the state technical examination of vehicles and trailers to them, the State Traffic Inspection shall carry out the technical examination.
The Decree omits the provision empowering the State Traffic Inspection with the function of issue of permissions for the travel of vehicles transporting oversize and overweight cargo, as well as hazardous cargo.
In cases of prohibition to operate the vehicles with hidden, faked, changed unit numbers or state registration plates, the State Traffic Inspection may withhold the state registration plates before the elimination of the reasons having caused such prohibition.
The traffic inspector may not now certify the fact of alcoholic or narcotic impairment independently. He may only send a person for medical examination.
The Decree is entered into force from the day of its signing.
The text of the Decree is published in Rossiyskaya Gazeta on July 4, 2002, No. 120.
The State Traffic Inspection shall register and keep records of the trailers to vehicles intended for use on public highways. The earlier existing records included all trailers without exceptions.
Instead of the organization of the state technical examination of vehicles and trailers to them, the State Traffic Inspection shall carry out the technical examination.
The Decree omits the provision empowering the State Traffic Inspection with the function of issue of permissions for the travel of vehicles transporting oversize and overweight cargo, as well as hazardous cargo.
In cases of prohibition to operate the vehicles with hidden, faked, changed unit numbers or state registration plates, the State Traffic Inspection may withhold the state registration plates before the elimination of the reasons having caused such prohibition.
The traffic inspector may not now certify the fact of alcoholic or narcotic impairment independently. He may only send a person for medical examination.
The Decree is entered into force from the day of its signing.
The text of the Decree is published in Rossiyskaya Gazeta on July 4, 2002, No. 120.
Order of the Government of the Russian Federation No. 885-r of June 28, 2002
Approves the concept of the restructuring of organizations of the federal postal communication and endorses the plan of measures in its implementation.
The main goals of the restructuring is the guaranteed universal services of the postal communication on the whole territory of the Russian Federation, expansion of the range of services of postal communication and creation of up-to-date postal infrastructure.
To achieve the fixed goals, all existing organizations of the federal postal communication are expected to be united to create the state federal unitary enterprise Post of Russia on the basis of the economic management with subsequent conversion into the joint-stock company while preserving the control of the state (hereinafter referred to as the federal operator of postal communication). Coordination of activities of the federal operator of postal communication in the mentioned directions is expected to be carried out on the federal, district and regional levels.
It is envisaged to preserve the network of post offices necessary to ensure the availability of the universal services. The concept does not envisage the changing of the procedure of licensing, certification and regulation of activities at the market of postal services and does not imply the restriction of competition.
In the process of building of the federal operator of postal communication, an inventory of the federal and other property used by the organizations of the federal postal communication will be taken and objects of disputable transfer from federal to another property that may be challenged according to legal proceedings will be defined.
The main goals of the restructuring is the guaranteed universal services of the postal communication on the whole territory of the Russian Federation, expansion of the range of services of postal communication and creation of up-to-date postal infrastructure.
To achieve the fixed goals, all existing organizations of the federal postal communication are expected to be united to create the state federal unitary enterprise Post of Russia on the basis of the economic management with subsequent conversion into the joint-stock company while preserving the control of the state (hereinafter referred to as the federal operator of postal communication). Coordination of activities of the federal operator of postal communication in the mentioned directions is expected to be carried out on the federal, district and regional levels.
It is envisaged to preserve the network of post offices necessary to ensure the availability of the universal services. The concept does not envisage the changing of the procedure of licensing, certification and regulation of activities at the market of postal services and does not imply the restriction of competition.
In the process of building of the federal operator of postal communication, an inventory of the federal and other property used by the organizations of the federal postal communication will be taken and objects of disputable transfer from federal to another property that may be challenged according to legal proceedings will be defined.
Order of the Ministry for Antimonopoly Policy of the Russian Federation No. 437 of May 14, 2002 on the Endorsement of the Procedure of Calculation of Tariff Rates for the Local Telephone Connections (Traffic) with the Pay-by-Time System of Payment for the Telephone Communication Services
Registered in the Ministry of Justice of the Russian Federation on July 2, 2002. Reg. No. 3545.
The procedure defines the principles and indicators of calculation of tariff rates for the local telephone connections (traffic) with the pay-by-time system of payment for the telephone services.
The payment for the local telephone connection (traffic) to permanent users with the pay-by-time system of payment for the telephone services includes the user fee for the user line provided for permanent use regardless of its type and the time rates for the local telephone connection (traffic) depending on its length in the units of tariffication. Regulation applies to both of the payments calculated according to the present Procedure.
Introduction of the pay-by-time system should not be accompanied by the increase in the tariff rates for the local telephone services, as well as reduction of incomes of communication operators obtained from local connections. Tariff rates per unit of time for the local telephone connection must be the same for all categories of users of the given network and must not depend on the connection type (duplex or not), type of user line and user remoteness.
The text of the Order is published in Rossiyskaya Gazeta on July 4, 2002, No. 120.
The procedure defines the principles and indicators of calculation of tariff rates for the local telephone connections (traffic) with the pay-by-time system of payment for the telephone services.
The payment for the local telephone connection (traffic) to permanent users with the pay-by-time system of payment for the telephone services includes the user fee for the user line provided for permanent use regardless of its type and the time rates for the local telephone connection (traffic) depending on its length in the units of tariffication. Regulation applies to both of the payments calculated according to the present Procedure.
Introduction of the pay-by-time system should not be accompanied by the increase in the tariff rates for the local telephone services, as well as reduction of incomes of communication operators obtained from local connections. Tariff rates per unit of time for the local telephone connection must be the same for all categories of users of the given network and must not depend on the connection type (duplex or not), type of user line and user remoteness.
The text of the Order is published in Rossiyskaya Gazeta on July 4, 2002, No. 120.
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