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 30.07.2002

Federal Law No. 117-FZ of July 25, 2002 on the Amendment to Article 20 of the Federal Law on Foreign Investments in the Russian Federation

Amends the provision stating that legal entities being commercial organizations with foreign investments were subject to state registration in the justice bodies. At present, the Federal Law on the state registration of legal entities sets forth the uniform procedure of registration.
The Federal Law is entered into force from the day of its official publication.

Federal Law No. 116-FZ of July 25, 2002 on the Amendments to Some of the Legislative Acts of the Russian Federation in View of the Improvement of State Management in the Sphere of Fire Safety

Amends legislative acts of the Russian Federation pursuant to the reformation of the State Fire Service of the Ministry of Internal Affairs of the Russian Federation into the State Fire Service of the Ministry for Emergency Situations of the Russian Federation.
The Law fixes the issues of legal regulation of the activities of the State Fire Service in the framework of the Ministry of Emergency Situations of the Russian Federation including the procedure and terms of service of the employees of the State Fire Service - both transferred and newly admitted to the Ministry of Emergency Situations of the Russian Federation, as well as preserves the earlier fixed benefits and social guarantees.
Employees of the State Fire Service are subject to the Regulation on the service in the bodies of the Ministry of Internal Affairs of the Russian Federation, a number of articles of the Laws of the Russian Federation on the militia service and on additional guarantees and compensations to servicemen undergoing military service on the territory of Trans-Caucasian, Baltic states and the Republic of Tajikistan, as well as fulfilling the tasks of protection of constitutional rights of citizens in emergency situations and in armed conflicts.

Federal Law No. 114-FZ of July 25, 2002 on the Countermeasures Against Extremist Activities

Defines the legal and organizational fundamentals of countermeasures against extremist activities and specifies responsibility for them.
Extremist activities (extremism) are implied to be the activities of public and religious associations, other organizations, mass media, natural persons in the planning, organization, preparation and committing of actions aimed at forcible change of the fundamentals of the constitutional regime, undermining the security of the Russian Federation, assumption of power, creation of illegal armed formations, engaging in terrorist activities, diminishing national dignity; propaganda and public demonstration of nazi attributes or symbols or similar ones that may be confused; public calls to carry out such activities or financing of it.
The Law lists the main principles and directions of countermeasures against extremist activities, emphasises the significance of preventive measures. The bodies of the Prosecutor's Office are empowered with authority to warn public, religious and other organizations of the inadmissibility of extremist activities. Preventive measures are envisaged for mass media. The Law prohibits the use of public networks for extremist activities.
In cases of extremist activities of a public or religious association, the activities of such association may be suspended and prohibited by a court ruling, with the association itself being dissolved. Citizens of the Russian Federation, foreign citizens and stateless persons bear criminal, administrative and civil responsibility for extremist activities

Federal Law No. 113-FZ of July 25, 2002 on the Alternative Civil Service

Regulates the relations pertaining to the implementation by the citizens of the Russian Federation of the constitutional right to replace the draft military service with alternative civil service (labour in the interests of the society and the state). The citizen may replace the draft military service with alternative civil service if the military service is against his convictions or belief or if he is one of the small native peoples, carries out a traditional way of life, is engaged in traditional economies.
Exemption from alternative civil service applies to citizens liable for exemption from the draft military service or respite for the draft military service.
The term of the alternative civil service is 1.75 times higher than the term of the draft military service and generally amounts to 42 months. The term of the alternative civil service for citizens undergoing it in the organizations of the Armed Forces of the Russian Federation, other forces, military formations and bodies is 1.5 times greater than the one fixed for the draft military service and amounts generally to 36 months.
The citizen is assigned to the alternative civil service on the basis of the submitted application. Persons undergoing alternative civil service are entitled for the leave according to the procedure specified in the Labour Code of the Russian Federation. The Law specifies also other rights, duties and responsibility of those undergoing alternative civil service, as well as the reasons and procedure of dismissal.
The Federal Law is entered into force from January 1, 2004.

Federal Law No. 112-FZ of July 25, 2002 on the Amendments to the Legislative Acts of the Russian Federation Pursuant to the Adoption of the Federal Law on the Countermeasures Against Extremist Activities

To implement legislative countermeasures against extremist activities, amendments are introduced in a number of federal laws.
These are, in particular, the laws on public associations and on mass media. The procedure of suspension of activities of public associations is refined. The changes in the Federal Law on the Prosecutor's Office of the Russian Federation pertain to additional authority of the Prosecutor to prevent unlawful actions. To eliminate financial basis of extremist activities, an amendment is introduced in the Federal Law on the countermeasures against legalization (laundering) of incomes obtained in a criminal way aimed to qualify the financial deals of extremist organizations as the ones requiring special control. The Criminal Code is extended to include the new crimes - organization of an extremist community and organization of activities of an extremist organization.
The Code of Administrative Violations of the Russian Federation is extended to introduce administrative responsibility for the organization of activities of a public or religious association subject to the decision on the suspension of its activities and for propaganda and public demonstration of nazi attributes or symbols.

Federal Law No. 111-FZ of July 24, 2002 on the Investing of Resources to Finance the Accumulated Portion of the Labour Pension in the Russian Federation

Specifies the legal fundamentals of relations to build and invest the resources of pension savings intended to finance the accumulated portion of the labour pension.
Defines the particulars of the legal status of the subjects and participants of these relations (including the Pension Fund of the Russian Federation, special depositaries, managing companies, insured persons and insurers, brokers, credit organizations, non-state pension funds).
According to the Law, the resources of the pension savings are the property of the Russian Federation, they may not be withdrawn to the budgets of any levels, may not serve as a security or other collateral of the obligations of the owner of the mentioned resources and subjects of relations pertaining to the building and investment of the resources of pension savings, as well as other participants of the process of investment of the resources of the pension savings.
The Law fixes the functions of the authorized federal body of executive power in the regulation, control and enforcement in the sphere of building and investment of the resources of pension savings, the legal fundamentals of public control over the building and investment of the resources of pension savings.
For the period of 2003-2009, the following maximum restrictions of the resources in investment portfolio placed in securities of foreign issuers are adopted:
2003 - 0%;
2004-2005 - 5%;
2006-2007 - 10%;
2008-2009- 15%.
Except for individual provisions, the Federal Law is entered into force from the day of its official publication.

Decision of the Government of the Russian Federation No. 575 of July 27, 2002 on the Amendments to the Decision of the Government of the Russian Federation No. 914 of December 2, 2000

Since the procedure of use of invoices specified in Article 169 of the Tax Code of the Russian Federation changed, the Government of the Russian Federation brings in compliance with these changes its Decision No. 914 of December 2, 2000 endorsing the rules of keeping the logbooks of invoices, books of purchase and books of sales. The form of the invoice has also changed. The note to this form does not contain now the phrase stating that the invoices are not valid without the seal.

Decision of the Government of the Russian Federation No. 561 of July 25, 2002 on the Endorsement of the Rules of Restructuring of the Debts of the Budgets of the Subjects of the Russian Federation in Budget Loans Granted in 1995 under the Commodity Credit to Purchase Oils and Lubricants

The restructuring applies to the debt of the budgets of the subjects of the Russian Federation to the federal budget as of January 1, 2002. The restructuring is carried out by way of reduction of the debt of the budgets of the subjects of the Russian Federation to the federal budget by the amount of accrued and unpaid as of January 1, 2002 interest for the use of the budget loans.
Accruing of interest for the use of the budget loans is stopped from January 1, 2002.

Order of the State Customs Committee of the Russian Federation No. 690 of July 1, 2002 on the Amendments to the Order of the State Customs Committee of Russia No. 392 of April 22, 2002

Changes the rules of keeping of the register of banks and other organizations acting as guarantors to the customs bodies. The rules are supplemented with transient provisions to be applied before the expiry of the term of the permission to act as guarantor to the customs bodies. For the mentioned banks and other organizations, the State Customs Committee of the Russian Federation fixes the maximum permissible amount of a single bank guarantee and all bank guarantees in effect simultaneously.
Registered in the Ministry of Justice of the Russian Federation on July 24, 2002. Reg. No. 3612.

Decision of the State Standards Committee of the Russian Federation No. 54 of July 5, 2002 on the Endorsement of Amendment 2 to the Rules of Application of the Compliance Sign in Obligatory Certification of Products with Amendments

Amendments are introduced because the Federal Law on the licensing of individual types of activities does not envisage the licensing of activities in obligatory certification.
Registered in the Ministry of Justice of the Russian Federation on July 24, 2002. Reg. No. 3611.

Decision of the State Standards Committee of the Russian Federation No. 56 of July 5, 2002 on the Endorsement of Amendment 1 to the Rules of Certification of Works and Services in the Russian Federation

Amendments are introduced because the Federal Law on the licensing of individual types of activities does not envisage the licensing of works in the application of the compliance sign.
Registered in the Ministry of Justice of the Russian Federation on July 23, 2002. Reg. No. 3610.

Order of the State Customs Committee of the Russian Federation No. 648 of June 25, 2002 on the Bringing of the Normative Legal Acts of the State Customs Committee of Russia in Compliance with the Code of the Russian Federation on Administrative Violations

Amendments are introduced pursuant to the entry into force from July 1, 2002 of the Code of Administrative Violations of the Russian Federation containing administrative violations in the customs sphere and the proceedings in cases of such violations.
Registered in the Ministry of Justice of the Russian Federation on July 23, 2002. Reg. No. 3608.

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