Monitoring of the Federal Legislation dated 18.07.2002

Ruling of the Constitutional Court of the Russian Federation No. 116-O of June 6, 2002 on the Refusal to Accept for Consideration the Appeal of Citizen G.Y.Pritula against Violation of Her Constitutional Rights by Provisions of Paragraph 4 of Item 2 of Article 11, Articles 39, 143 and 235 of the Tax Code of the Russian Federation

The claimant challenged the provision of Paragraph 4 of Item 2 of Article 11 of the Tax Code of the Russian Federation stating that independent entrepreneurs are natural persons registered according to established procedure and engaged in entrepreneurial activities without the forming of the legal entity, as well as private notaries, private guards, private detectives. According to the claimant, the cited provision assigning the same status to private notaries and independent entrepreneurs stipulates also equal duties in the payment of taxes and execution of other tax duties, which ignores the specific nature of the notary's activities.
The appeal was refused for consideration because it does not meet permissibility criteria. Qualifying private notaries as independent entrepreneurs is of conditional significance for tax legislation and does not create indefiniteness for the subjects of taxation and, therefore, does not affect constitutional rights and freedoms of the claimant.

Decision of the Government of the Russian Federation No. 530 of July 16, 2002 on the Application of the Export Customs Duties for Some Commodities Exported from the Customs Territory of the Russian Federation to the Customs Territory of the Member-States of the Customs Union

The rates of export customs duties shall apply to commodities exported to the customs territory of the member-states of the Customs Union on the basis of the agreement (contract) between a resident of the Russian Federation (in the meaning envisaged in the rules of determination of the country of origin of the commodities) and a non-resident of the member-state of the Customs Union.
The Decision is entered into force one month after the day of its official publication.

Decision of the Government of the Russian Federation No. 529 of July 16, 2002 on the Amendments to the Decision of the Government of the Russian Federation No. 248 of February 26, 1998

The maximum amounts of payment for the state registration of the rights for immovable property and deals with it, as well as for the information on the registered rights are adopted in fixed amounts in roubles (earlier, depending on the minimum amount of labour remuneration).
The maximum amount of payment for the state registration of the property right of the Russian Federation, subject of the Russian Federation, municipal formation for the land plot that emerges during delimitation of the state property right for land is Rbl 100.

Decision of the Federal Commission for Securities Market No. 17/ps of May 31, 2002 on the Endorsement of the Regulation on Additional Requirements to the Procedure of Preparation, Convocation and Holding of the General Meeting of Stock-Holders

Specifies additional requirements to the procedure of preparation, convocation and holding of annual and extraordinary general meetings of stock-holders. In particular, specifies additional requirements to the procedure of presenting of proposals for the agenda of the general meeting of stock-holders, including those pertaining to the nomination of candidates to the management bodies and other bodies of the company.
Defines the procedure of presenting the demands to hold an extraordinary general meeting of stock-holders, procedure of registration of stock-holders or their representatives, as well as the voting procedure for the issues of the agenda. The Regulation also contains additional requirements to the content of the voting tickets.
The Decision specifies the list of additional information to be presented on obligatory basis to the persons entitled to participate in the general meeting. Defines the requirements to the content of the annual report of the joint-stock company to be endorsed by the annual general meeting of stock-holders. Also defines the requirements to the voting procedure at the general meeting of stock-holders on the agenda and issues put forward for the vote by stock-holders or their representatives.
The Regulation contains additional requirements to the content of the documents drawn up as a result of the meeting.
The Regulation is entered into force one month after the day of its official publication.
Registered in the Ministry of Justice of the Russian Federation on July 16, 2002. Reg. No. 3578.

Order of the Ministry of Justice of the Russian Federation No. 199 of July 12, 2002 on the Endorsement of the Forms of Documents Used in the State Registration of a Trade and Industry Chamber, Public Association and Religious Organization As a Legal Entity

Endorses such forms as application for the state registration, information on the applicants, information on the founders, application for the state registration of amendments to the charter and other.
Registered in the Ministry of Justice of the Russian Federation on July 15, 2002. Reg. No. 3576.

Order of the Ministry of Culture of the Russian Federation No. 888 of June 4, 2002 on the Endorsement of the Regulation on the Procedure of Collection and Criteria of Determination of the Amount of Payment for the State Expert Evaluation of Cultural Values

The amount of payment for the expert evaluation of cultural values is determined taking into account direct expenses for the expert evaluation, indirect (overhead) expenses to ensure the mentioned activities, as well as taxes calculated and paid according to the procedure and in amounts specified in the legislation of the Russian Federation.
The amount of payment for the expert evaluation of cultural values is calculated separately for each client. The calculation of the expenses is drawn up for the expert evaluation of cultural values.
Resources received as payment for the expert evaluation of cultural values are registered on personal accounts for resources obtained from entrepreneurial and other profitable activities opened for the Ministry of Culture of the Russian Federation and its territorial bodies in the federal treasury bodies.
Registered in the Ministry of Justice of the Russian Federation on July 11, 2002. Reg. No. 3570.

Decision of the Social Insurance Fund of the Russian Federation No. 71 of June 20, 2002 on the Endorsement of the Forms of Reports of the Use of the Amounts of Insurance Contributions for Obligatory Social Insurance against Industrial Accidents and Occupational Diseases to Finance Preventive Measures to Reduce Industrial Accidents and Occupational Diseases

Provides the forms of reports endorsed by the Decision. Insurers submit the report drawn up according to the specified form to the executive body of the Social Insurance Fund of the Russian Federation at the place of its registration together with the estimate sheet of the resources of the Fund. Regional divisions of the Fund shall submit summary report together with the financial report of the execution of the budget of the Fund.
Registered in the Ministry of Justice of the Russian Federation on July 11, 2002. Reg. No. 3569.