Windfall tax for major companies to be introduced in Russia

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Monitoring of the Federal Legislation dated 30.08.2002

Decision of the Government of the Russian Federation No. 574 of July 27, 2002 on the Procedure and Terms of Carrying Out in 2002 of the Restructuring and Writing Off of the Debts of Legal Entities, Subjects of the Russian Federation and Municipal Formations in Tied Foreign Credits (Borrowings) Attracted by the Russian Federation and Credits (Loans) in Foreign Currencies Provided at the Expense of the Resources of the Federal Budget

The restructuring applies to all unfulfilled obligations of borrowers under the contracts concluded to attract foreign credits (borrowings) by Russia financed before August 1, 1998 inclusive, as well as obligations under credits (loans) in foreign currencies provided at the expense of the resources of the federal budget under the contracts concluded before August 1, 1998 inclusive. The restructuring applies to the whole of the amount of the debt of the borrower to the federal budget including the return of the main debt, interest for the use of the credit accrued for the whole of the credit period, penalties, fines and other payments as of the first of the month when the agreement on the restructuring has been concluded.
Decisions on the restructuring and writing off of debts are taken by the Ministry of Finance of the Russian Federation. The Decision provides the form of the application for the restructuring, as well as lists the documents attached by the borrowers to the application.

Order of the Ministry of Taxation of the Russian Federation No. BG-3-02/336 of July 3, 2002 on the Invalidation of Individual Normative Legal Acts of the State Tax Service of the Russian Federation and the Ministry of Taxation of the Russian Federation

Pursuant to the entering into force of Chapter 25 "Profit Tax from Organizations" of the Tax Code of the Russian Federation, invalidates from January 1, 2002 22 normative legal acts of the Ministry of Taxation of the Russian Federation (State Tax Service of the Russian Federation). Invalidates, in particular, Instruction of the State Tax Service of the Russian Federation No. 48 of August 20, 1998 and the Order of the Ministry of Taxation of the Russian Federation No. BG-3-02/231 of June 15, 2000 pertaining to the procedure of calculation and payment to the budget of the profit tax by budget-supported organizations (institutions).
Registered in the Ministry of Justice of the Russian Federation on June 30, 2002. Reg. No. 3630.

Order of the Ministry of Finance of the Russian Federation No. 64n of June 28, 2002 on the Endorsement of the Interim Regulation on the Keeping of the State Registers in the Sphere of Audit Activities

Defines the interim procedure of keeping by the Ministry of Finance of the Russian Federation of the registers of certified auditors of audit organizations, independent auditors, professional audit associations and study and methodology centres. Lists information indicated in the registers.
Registered in the Ministry of Justice of the Russian Federation on July 26, 2002. Reg. No. 3625.

Order of the State Customs Committee of the Russian Federation No. 419-r of June 25, 2002 on the Customs Registration of the Merchant Vessels Placed under the Temporary Import (Export) Customs Regime

Sets forth the particulars of the customs registration at return of the temporarily exported Russian vessels used in merchant seafaring that undergone processing while being placed under the temporary import (export) customs regime outside the customs territory of the Russian Federation.
The customs registration is carried out in two stages. At the first stage, the vessel captain submits in the port of arrival in addition to the customs body notification in triplicate on the carried out processing operations together with attached copies of available documents confirming the processing operations. The form of the notification is provided in the Appendix.
At the second stage, the party which runs the vessel on its balance submits within 15 days of the arrival of this vessel to the Russian port to the customs body written application drawn up according to free form. The application must contain information on the volume and cost of the processing operations carried out on the vessel, balance cost of the vessel before and after the processing together with attached certified copies of documents. The given application is regarded as the customs declaration confirming the processing operations carried out on the vessel.
The Order also specifies the particulars of issue of the license for commodity processing under the customs control or for the purposes of repair of foreign vessels having crossed the customs border of the Russian Federation as transport vehicles.
Registered in the Ministry of Justice of the Russian Federation on July 26, 2002. Reg. No. 3623.

Direction of the Central Bank of Russia No. 1181-U of July 25, 2002 on the Invalidation of the Regulation of the Bank of Russia No. 112-P of April 24, 2000 on the Procedure of Building and Use of the Reserve Fund by the Credit Organization

Regulation of the Bank of Russia No. 112-P of April 24, 2000 is abandoned because the issues of distribution of profits of credit organizations after taxation are regulated by civil legislation or are the sphere of reference of the management bodies of the credit organization. The issues of creation of funds out of profits are now solved by credit organizations independently.
The Direction is entered into force 10 days after the official publication in the Herald of the Bank of Russia.

Letter of the Central Bank of Russia No. 98-T of July 17, 2002 on the Application of the Federal Law on Insolvency (Bankruptcy) of Credit Organizations

Explains that when the temporary administration is assigned to the credit organization after the revocation of the license for banking operations, the authority of the executive bodies of management of the credit organization (personal and collegiate) are considered to be suspended.

Decision of the Government of the Russian Federation No. 564 of July 25, 2002 on the Typical Rules of Trusteeship Control over the Closed-Type Shared Investment Fund

The typical rules of trusteeship control of the closed-type shared investment fund defines the terms of trusteeship control of this type of shared investment funds. They contain the list of information necessary for entering into the investment declaration of the fund that include the goals of the investment policy of the managing company, objects of investment, their composition and description, structure of the assets of the fund, as well as the description of the risks pertaining to investment activities.
The typical rules define also the rights and duties of the managing company controlling the fund and the rights of owners of investment shares. The Decision specifies that the property forming the closed fund is the common property of the founders of the trusteeship control - the owners of investment shares and is owned as shared property. The sharing of the property forming the fund and isolation of a share in kind is not permitted. The owners of investment shares of the closed-type investment fund assume the risk of losses pertaining to the change of the market cost of the property forming the fund.
The Decision regulates the main issues to be decided by the general meeting of the owners of investment shares. Defines the terms of fund discontinuation. In particular, if at the end of the fund building period, the cost of the property appeared to be less than the forming amount, the trusteeship control contract with all owners of investment shares is terminated.

Decision of the Supreme Court of the Russian Federation No. GKPI 2001-916 of July 10, 2002

The applicant challenged the legitimacy of Paragraph 2 of Item 12 of the Rules of keeping of the logbooks of received and drawn up invoices, books of purchase and books of sale in VAT payments.
According to the challenged provision, when the finished object of capital construction is registered, a single copy of invoice is drawn up for the amount of the tax calculated for the fulfilled construction and erection works for own consumption as of January 1, 2001 in the form of the difference between the amount of the tax for the cost of the given construction and erection works and the amount of the tax paid out to sellers for the purchased commodities (carried out works, rendered services) used to carry out these works for own consumption, the invoice being registered in the book of purchase.
According to Article 169 of the Tax Code of the Russian Federation, the invoice is the document serving as grounds for accepting of the declared amounts of VAT for deduction or reimbursement. The rules of VAT calculation when fulfilling construction and erection works for own consumption are fixed in the Tax Code of the Russian Federation. However, no norm of the Tax Code of the Russian Federation contains provisions stating that tax deductions must be applied "in the form of the difference".
In view of the above, the Supreme Court of the Russian Federation decided to recognize as illegal and invalid Paragraph 2 of Item 12 of the Rules of keeping of the logbooks of received and drawn up invoices, books of purchase and books of sale in VAT payments endorsed by the Decision of the Government of the Russian Federation No. 914 of December 2, 2000.

Decree of the President of the Russian Federation No. 824 of July 31, 2002 on the Invalidation of Item 1 of the Decree of the President of the Russian Federation No. 508 of March 15, 2000 on the Amount of the Temporary Disability Allowance

Invalidates the norm stating that the temporary disability allowance is calculated proceeding from the actual earnings of the working citizens and may not be greater than 85 minimum amounts of labour remuneration for the full calendar month. The Federal Law on the budget of the Social Insurance Fund of the Russian Federation for the year 2002 specifies that the maximum amount of the temporary disability allowance and the maximum amount of the maternity allowance for the full calendar month may not be greater than Rbl 11,700.
The Decree is entered into force from the day of signing.

Order of the Ministry of Communication of the Russian Federation No. 78 of July 9, 2002 on the Amendment to the Order of the Ministry of Communication of Russia No. 11 of January 31, 2000 on the Endorsement of the Form of Application for the Licenses Pertaining to Communication Services

Provides the new wording for the form of the application to get (prolong) the license for activities pertaining to communication services. In particular, the new form must contain the scheme of organization of the communication including the stages of development and the main parameters of the network, the number of objects and routes of postal communication.
Registered in the Ministry of Justice of the Russian Federation on July 26, 2002. Reg. No. 3626.

Letter of the Ministry of Taxation of the Russian Federation and the Federal Service of the Tax Police of the Russian Federation Nos. VG-6-02/879/VP-2024 of June 25, 2002

Pursuant to the entering into force of Chapter 25 "Profit Tax from Organizations" of the Tax Code of the Russian Federation invalidates from January 1, 2002 the Letter of the State Tax Service of Russia and the Federal Service of the Tax Police of Russia Nos. VP-6-02/206/VP-987 of March 30, 1998 on the taxation of the system of the state reserve.

Order of the Ministry of Taxation of the Russian Federation No. BG-3-21/362 of July 15, 2002 on the Endorsement of the Form of the Tax Declaration for the Tax on Extraction of Mineral Resources

Pursuant to the introduction of changes by the Federal Law No. 57-FZ of May 29, 2002 to Chapter 26 of the Tax Code of the Russian Federation "Tax on Extraction of Mineral Resources" provides the new wording for the form of the tax declaration for the given tax.
Registered in the Ministry of Justice of the Russian Federation on July 31, 2002. Reg. No. 3648.

Order of the Ministry of Taxation of the Russian Federation No. BG-3-03/365 of July 16, 2002 on the Amendments to the Orders of the Ministry of Taxation of Russia No. BG-3-03/3 of January 4, 2002 on the Endorsement of the Form of Declaration for Excise Duty Taxes and No. BG-3-03/51 of February 4, 2002 on the Endorsement of the Instruction for Filling Out the Declaration for Excise Duty Taxes

Pursuant to the introduction of changes by the Federal Law No. 57-FZ of May 29, 2002 to Chapter 22 of the Tax Code of the Russian Federation "Excise Duty Taxes" changes the form of the tax declaration for excise duty taxes and the Instruction for filling it out. In the declaration, the title sheet and Appendices 1 and 2 to Form 2 of Table 1 of the declaration are changed that are used to record the taxable base estimate.
Registered in the Ministry of Justice of the Russian Federation on July 31, 2002. Reg. No. 3649.

Letter of the Ministry of Taxation of the Russian Federation No. 04-1-07/718-Sh186 of July 4, 2002 on the Payment of the Income Tax from Natural Persons

Pursuant to the entering into force from January 1, 2001 of Chapter 23 "Income Tax from Natural Persons" of the Tax Code of the Russian Federation, servicemen earlier exempted from the income tax for the amounts of monetary subsistence, awards and other payments shall pay the income tax from natural persons after January 1, 2001.

Decree of the President of the Russian Federation No. 854 of August 5, 2002 on the Amendments to the Regulation on the Import to the Russian Federation and Export from the Russian Federation of Precocious Metals, Precious Stones and Raw Materials Containing Precious Metals Endorsed by the Decree of the President of the Russian Federation No. 742 of June 21, 2001

The amendments are introduced pursuant to the adoption of the Federal Law on the licensing of individual types of activities that does not envisage the licensing of the wholesale trade of precious metals and stones. The Decree specifies, in particular, that import to the Russian Federation of precious metals and stones is carried out by organizations and natural persons without quantity restrictions and licenses issued by the Ministry of Economic Development of the Russian Federation. Coins of precious metals (Foreign Trade Commodity Nomenclature code 7118) are included in the List of precious metals and stones exported without quantity restrictions and licensees.
The Decree is entered into force from the day of its official publication.

Order of the Ministry of Taxation of the Russian Federation No. BG-3-05/367 of July 17, 2002 on the Amendments to the Order of the Ministry of Taxation of Russia No. BG-3-05/49 of February 1, 2002

Pursuant to the introduction of changes to Chapter 24 of the Tax Code of the Russian Federation "Uniform Social Tax" by the Federal Law No. 57-FZ of May 29, 2002, amends the procedure of filling out the form of advance payment estimate for the uniform social tax. The payers of the tax having concluded with natural persons labour contracts, civil contracts to carry out works or render services, as well as author's contracts without effecting any payments or rewards to natural persons within the reported period must submit advance payment estimates to the tax bodies for these reporting periods.
The procedure is also supplemented with the special section "Particulars of Filling Out Advance Payment Estimates by the Boards of Lawyers and Other Lawyer Formations".
Registered in the Ministry of Justice of the Russian Federation on July 31, 2002. Reg. No. 3647.

Order of the Federal Service of Financial Rehabilitation of the Russian Federation No. 101-r of June 14, 2002 on the Endorsement of the Explanation in Issues Pertaining to the Bankruptcy Procedure

Explains the issues pertaining to satisfaction of creditor demands in obligations secured with debtor property, in obligatory payments to the budget and non-budgetary funds, as well as other obligations. In this case, obligatory payments are taxes and other obligatory contributions to budgets and non-budgetary funds, with the monetary obligation being the debtor duty to pay a certain amount of money to the creditor for reasons envisaged in the Civil Code of the Russian Federation (for example, under the civil contract).
Registered in the Ministry of Justice of the Russian Federation on July 31, 2002. Reg. No. 3644.

Order of the Ministry of Justice of the Russian Federation No. 210 of July 29, 2002 on the Endorsement of Internal Rules of Educational Colonies of the Criminal Execution System of the Ministry of Justice of the Russian Federation

Endorsed Rules regulate internal rules of educational colonies to create favourable conditions to implement the procedure and terms of execution of punishments in the form of detention, ensure isolation, protection of rights, legal interests of underage convicts and execution of their duties. The Rules apply in all educational colonies on the territory of the Russian Federation and are obligatory for employees, convicts and visitors of these institutions.
Registered in the Ministry of Justice of the Russian Federation on August 1, 2002. Reg. No. 3653.

Decision of the Government of the Russian Federation No. 576 of August 7, 2002 on the Handling Procedure for the Land Plots Owned by the State before Delimitation of the State Property for Land

Sets forth the rules of providing state-owned land plots to citizens and legal entities before delimitation of the state property for land. The mentioned persons, when getting the land plots where their owned buildings and structures are located, shall present the documents confirming the size of the area of the building and structure and the state registration of the rights for them (or room in them), as well as other listed documents. Bodies of local government or bodies of state power in charge of the land plot handling may not demand other documents.

Order of the Ministry of Finance of the Russian Federation No. 66n of July 2, 2002 on the Endorsement of the Accounting Regulation PBU 16/02 "Information on Terminated Activities"

Information on terminated activities is implied to be the one pertaining to the part of activities of the organization (for example, operational or geographic segment, or part or total of segments) in production of products, sale of commodities, carrying out of works, rendering services that may be separated in operation and/or functionally for the purposes of drawing up accounting reports and must be terminated pursuant to the decision taken by the organization.
Termination of the part of activities of the organization may occur:
- by way of selling of the property complex (enterprise) or part of it forming the assets and obligations pertaining to the terminated activities as a single transaction;
- by way of selling individual assets and termination (execution) according to the procedure established in the legislation of individual obligations pertaining to the terminated activities;
- by way of refusal to continue the part of activities.
Besides, termination of activities may occur at the reorganization of the organization in the form of separation from it of one or several legal entities.
Registered in the Ministry of Justice of the Russian Federation on August 2, 2002. Reg. No. 3655.

Decision of the State Construction Committee of the Russian Federation No. 76 of July 1, 2002 on the Procedure of Confirmation of Fitness of New Materials, Items, Designs and Technologies for Use in Construction

Sets forth the requirements to the checking and confirmation of the fitness for use in construction of new materials, items, structures and technologies other than those regulated by construction norms and rules, state standards and other normative documents being in effect.
The checking and confirmation of fitness applies to new products (the list being provided in the Appendix) being a factor of operational properties of buildings and structures, their reliability and durability, safety with regard to the life and health of people, their property, as well as the environment.
The fitness of the new products is confirmed with the technical certificate of the State Construction Committee of the Russian Federation being the permissive document. The time of consideration of the application to get the technical certificate for the new products may not be greater than three months from the day of submission of the application.
Registered in the Ministry of Justice of the Russian Federation on August 2, 2002. Reg. No. 3659.

Direction of the Central Bank of Russia No. 1185-U of August 6, 2002

Beginning with August 7, 2002, the rate of refinancing (bank rate) of the Bank of Russia is fixed to amount to 21% annual. From April 9 through August 6, 2002, the rate of refinancing was fixed to amount to 23%.

Order of the Ministry of Taxation of the Russian Federation No. BG-3-09/360 of July 12, 2002 on the Invalidation of the Orders of the Ministry of Taxation of Russia No. AP-3-12/180 of June 16, 1999, No. BG-3-12/423 of December 5, 2000, No. BG-3-09/206 of April 18, 2002

Invalidates the Order of the Ministry of Taxation of the Russian Federation on the organization of work of the tax bodies in presentation of necessary information from the Joint State Register of Taxpayers, as well as amendments to it.

Order of the Federal Service of the Tax Police of the Russian Federation and the Ministry of Taxation of the Russian Federation No. 291/BG-3-06/343 of July 4, 2002 on the Invalidation of the Order of the Federal Service of the Tax Police of Russia and the Ministry of Taxation of Russia No. 29/BG-3-16/13 of January 19, 2001

Invalidates the Instruction on the organization and carrying out by the expert divisions of the federal bodies of the tax police of expert evaluations of decisions of officials of the tax bodies.

Letter of the Ministry of Taxation of the Russian Federation No. MM-6-09/1027 of July 19, 2002

Lists the normative acts to be used for guidance before the issue of the Order of the Ministry of Taxation of the Russian Federation defining the composition of the indicators of the Joint State Register of Taxpayers.

Decision of the Federal Commission for Securities Market No. 20/ps of June 7, 2002 on the Registration of the Rights for Investment Shares of the Shared Investment Funds

Endorses the Regulation on the procedure of keeping of the register of the owners of investment shares of the shared investment funds. Specifies obligatory requirements for professional participants of the securities market licensed for activities in the keeping of the register of securities and special depositories of the shared investment funds keeping the registers (recorders).
Registration of the rights for investment shares is carried out on the personal accounts in the register of the owners of investment shares kept by the recorders, as well as on the custody accounts by professional participates of the securities market licensed for depositary activities at securities market.
The Regulation defines the duties of the recorder of the shared investment fund when he keeps the register of the owners of investment shares, procedure and time limits for execution of operations in the register of the owners of investment shares by the recorder, as well as the grounds for refusal of such operations, procedure and time limits for granting information from the register, as well as the requirements to the procedure of implementation of the functions of the nominal holder of investment shares.
The Decision also specifies the requirements to the content of internal documents of recorders.
Registered in the Ministry of Justice of the Russian Federation on July 31, 2002. Reg. No. 3641.

Information Letter of the Federal Commission for Securities Market of August 5, 2002 on the Reporting Procedure for Professional Participants of Securities Market

Specifies the time limits for submission of reports endorsed by the Regulation on the reporting procedure of professional participants of securities market endorsed by the joint Decision of the Federal Commission for Securities Market No. 33 and the Ministry of Finance of the Russian Federation No. 109n of December 11, 2001 and entered into force from July 1, 2002. Also defines the format of the mentioned reports submitted by professional participants of securities market on paper and in the electronic form on magnetic media (diskettes).

Order of the Ministry of Taxation of the Russian Federation No. BG-3-03/412 of August 6, 2002 on the Amendments to the Order of the Ministry of Taxation of Russia No. BG-3-03/447 of December 20, 2000

To refine application of individual provisions, the Methodology Recommendations on the application of Chapter 21 of the Tax Code of the Russian Federation "Value Added Tax" omit the provision stating that institutions owned solely by public organizations of invalids and created to achieve educational, cultural, treatment-and-rehabilitation, physical-culture-and-sports, scientific, information and other social goals, as well as to render legal and other aid to invalids, invalid children and their parents are exempted from the tax for commodities (works, services) sold by them directly to invalids, invalid children and their parents.
Accordingly, the selling of commodities (works, services) to other persons, including the legal entities, is also exempted from the value added tax.

Order of the Ministry of Education of the Russian Federation No. 2235 of June 14, 2002 on the Endorsement of the Instruction on the Application of the Regulation on the Procedure of Assigning Scientific Degrees (Chair Professor and Chair Assistant Professor)

Defines the procedure of drawing up and consideration of certification documents submitted to assign scientific grades to research and teaching staff of institutions of higher and additional professional education. Lists such documents and provides their blank forms.
The Instruction is entered into force from September 1, 2002.
Registered in the Ministry of Justice of the Russian Federation on July 30, 2002. Reg. No. 3636.

Order of the State Construction Committee of the Russian Federation No. 107 of June 19, 2002 on the Measures to Ensure Control over Observation of the License Requirements and Terms by License Holders

Arranges the system of control over observation by license holders of license requirements and terms while carrying out design works, construction and engineering research in construction of buildings and structures of responsibility level I and II according to the state standard.
The control is executed at least once during the effective period of the license, and the grounds for extraordinary checks are also specified.
The Order contains an exhaustive list of information and facts to be examined during control measures. In particular, the license holder must have available construction norms and rules, state standards, albums of typical components etc. necessary for the carried out types of works.
Registered in the Ministry of Justice of the Russian Federation on August 5, 2002. Reg. No. 3664.

Decree of the President of the Russian Federation No. 885 of August 12, 2002 on the Endorsement of the General Principles of Service Conduct of State Servants

The general principles are the fundamentals of conduct of state servants to be used as guidance in execution of official (service) duties. State servants are expected to abstain from actions pertaining to the influence of any personal, property (financial) and other interests preventing from conscientious execution of official (service) duties, display correct and attentive attitude towards citizens and representatives of organizations. Besides, state servants must abstain from conduct that may imply doubts about objective execution by them of official (service) duties, as well as avoid conflict situations capable of inflicting damage on the image or standing of the state body and other.
The Decree is entered into force from the day of its official publication.

Letter of the Ministry of Taxation of the Russian Federation No. ShS-6-14/1201@ of August 7, 2002

Taking into account that advance payment estimate for the uniform social tax meets the criteria of the tax declaration specified in Article 80 of the Tax Code of the Russian Federation, in case of a failure to submit the mentioned estimate within specified time limit, the taxpayer may bear responsibility for the failure to submit the tax declaration envisaged in Article 119 of the Tax Code of the Russian Federation.
In judicial practice, if application of Article 119 of the Tax Code of the Russian Federation is assumed to be unfounded in this case, the taxpayers may bear responsibility for the failure to submit documents and other information necessary for the tax control (Article 126 of the Tax Code of the Russian Federation).
Besides, advance payments for the uniform social tax are calculated by employer taxpayers proceeding from the actual financial results of activities. Therefore, responsibility envisaged in Article 122 of the Tax Code of the Russian Federation for the failure to pay (incomplete payment) of the tax as a result of reporting periods appears justified.

Information Letter of the Ministry of Taxation of the Russian Federation No. NA-6-21/1020@ of July 18, 2002 on the Calculation of the Tax Rate for the Tax on Extraction of Mineral Resources for the 2nd Quarter of 2002

The tax rate for the tax on extraction of mineral resources (taking into account the coefficient characterising world price dynamics for oil) of the 2nd quarter of 2002 is Rbl 662.864 per ton.

Order of the Ministry for Antimonopoly Policy of the Russian Federation No. 581 of July 25, 2002 on the Invalidation of the Order of the Ministry for Antimonopoly Policy of Russia No. 1104 of October 24, 2001

The rules of application of fees for additional operations pertaining to cargo transportation on the railway transport (Tariff Guide 3) are abandoned because the functions of regulation and control in the sphere of railway transportation are handed over to the Federal Power Supply Commission of Russia.
Registered in the Ministry of Justice of the Russian Federation on August 12, 2002. Reg. No. 3682.

Order of the Ministry of Education of the Russian Federation No. 2482 of June 28, 2002 on the Organization of Work to Keep the State Databank on Children Living without Parental Support

Sets forth the procedure of exchange of service information of the state databank on children living without parental support between the bodies of trusteeship, regional and federal operators and procedure of interaction with the Ministry of Education when granting information on children to citizens wishing to adopt a child in their families to bring up.
Registered in the Ministry of Justice of the Russian Federation on August 6, 2002. Reg. No. 3670.

Decision of the Federal Commission for Securities Market No. 27/ps of July 5, 2002 on the Endorsement of the Regulation on the System of Qualification Requirements to the Heads, Controllers and Specialists of Organizations Engaged in Professional Activities at Securities Market, Heads and Specialists of Organizations Managing Investment Funds, Shared Investment Funds and Non-State Pension Funds, As Well As Heads and Specialists of Organizations Operating As a Special Depositary of Investment Funds, Shared Investment Funds and Non-State Pension Funds

Introduces the uniform procedure of passing qualification examinations for the heads, controllers and specialists of organizations engaged in professional activities at securities market, as well as for the heads and specialists of organizations managing investment, shared investment, non-state pension funds or operating as a special depositary in these funds.
The heads and specialists of organizations operating as a special depositary must pass not only the specialized qualification examination as before, but also the basic qualification examination as specified for all specialists of the securities market.
The Decision simplifies the procedure of registration of specialists, heads and controllers in the Register of certified persons. The registration in the Register is carried out after the Certification Commission of the Federal Commission for Securities Market takes the specialized qualification examination and the applicant gets the qualification certificate. The Decision defines the grounds and procedure of exclusion from the Register.
Qualification requirements to the heads of the higher and medium level and specialists of the specialized depositaries of investment funds, shared investment funds and non-state pension funds are entered into force from July 1, 2003.
The requirements of the Regulation do not apply to credit organizations.
Registered in the Ministry of Justice of the Russian Federation on August 6, 2002. Reg. No. 3666.

Decision of the Government of the Russian Federation No. 589 of August 12, 2002 on the Amendment to the Customs Tariff of the Russian Federation

Changes the codes of the Foreign Trade Commodity Nomenclature for some subheadings of green and black tea initially packed with the net weight not greater than 3 kg. The rates of import customs duties do not change.
The Decision is entered into force one month after the day of its official publication.

Decision of the Government of the Russian Federation No. 579 of August 12, 2002 on the Endorsement of the Regulation on the Distribution and Spending of Subsidies to Stabilize the Incomes Base of Consolidated Budgets of the Subjects of the Russian Federation Pursuant to the Adoption of Part 2 of the Tax Code of the Russian Federation and Increase in the First Grade Tariff Rate (Salary) of the Uniform Tariff of Labour Remuneration of the Workers of Organizations of the Budget Sphere

The subsidies are granted to up to 30 subjects of the Russian Federation defined by the Ministry of Finance of the Russian Federation on the basis of parameters specified in the Regulation. Protocols of rehabilitation of the state and municipal finances are concluded with the bodies of executive power of the mentioned subjects. The protocols envisage on an obligatory basis redemption of the payables in labour remuneration, abrogation of mark-up coefficients, supplements and additional payments to salaries of the workers of institutions financed from the budget of the subject and local budgets and other.

Order of the State Customs Committee of the Russian Federation No. 777 of July 23, 2002 on the Amendments to the Order of the State Customs Committee of Russia No. 1230 of December 28, 2000

Provides the new wording for the list of imported to the territory of the Russian Federation alcoholic products, tobacco and tobacco items to be labelled with excise duty stamps. The list includes cigars, cheroots and cigarillos containing tobacco, as well as smoking tobacco. The stamps on the package of these tobacco items are placed where they can be found visually when supplied for retail trade.
Registered in the Ministry of Justice of the Russian Federation on August 13, 2002. Reg. No. 3684.

Order of the Ministry of Justice of the Russian Federation No. 211 of July 29, 2002 on the Endorsement of the Procedure of Keeping of the Registers of Attorneys of the Subjects of the Russian Federation

The register of attorneys of the subject of the Russian Federation is used to enter information on the persons having received the status of an attorney and the right for attorney's activities. The keeping of the regional registers is vested in the territorial bodies of the Ministry of Justice of the Russian Federation.
The Order provides the form used to keep the regional register. Specifies the procedure of entering information on the attorney in the regional register, including information on suspension, renewal or revocation of the status of an attorney, procedure of removing of information, as well as introduction of amendments and other.
Registered in the Ministry of Justice of the Russian Federation on August 7, 2002. Reg. No. 3672.

Decision of the Government of the Russian Federation No. 586 of August 12, 2002 on the Amendments to the Decision of the Government of the Russian Federation No. 727 of October 15, 2001

According to introduced amendments, the convicts serving their term in residential colonies and actually bringing up a child shall get a monthly allowance for the period of the child-care leave until one and a half years of age. The allowance is assigned and paid out by the administration of the organization where the convicts work within time limits specified for getting wages.

Decision of the Government of the Russian Federation No. 585 of August 12, 2002 on the Endorsement of the Regulation on the Organization of the Sale of the State or Municipal Property at Auction and the Regulation on the Organization of Sale of State- or Municipally-Owned Stocks of Open-Type Joint-Stock Companies at a Specialized Auction

Defines the procedure for carrying out auctions to sale state or municipal property, terms of participation in them, as well as the procedure of payment for the property.
Also defines the procedure of arranging a specialized auction to sell state- or municipally-owned stocks of open-type joint-stock companies, terms of participation in it and effecting payments for the purchased stocks, as well as particulars of organization of all-Russia and interregional specialized auctions.
When federal property is sold, the seller at auctions is the Russian Federal Property Fund (its divisions) or other specialized state institutions assigned at the order of the Government of the Russian Federation. When state-owned property of the subjects of the Russian Federation or municipal property is sold at auctions, the sellers are defined in the legal acts of the subjects of the Russian Federation or the bodies of local government.

Decision of the Government of the Russian Federation No. 584 of August 12, 2002 on the Endorsement of the Regulation on the Contest to Sell State or Municipal Property

Defines the procedure of preparation and carrying out of the contest to sell state or municipal property and make payments for the purchased property.
The seller at the contest for the sale of the federal property is the Russian Federal Property Fund (its divisions), or other specialized state institutions assigned at the order of the Government of the Russian Federation. When state-owned property of the subjects of the Russian Federation or municipal property is sold at the contest, the sellers are defined in the legal acts of the subjects of the Russian Federation or the bodies of local government.

Decision of the Federal Power Supply Commission of the Russian Federation No. 35/15 of June 19, 2002 on the Endorsement of the Rules of Application of the Fees for Additional Operations Pertaining to Cargo Transportation on the Federal Railway Transport (Tariff Guide 3)

Defines the rates of fees for additional operations pertaining to cargo transportation on the federal railway transport (for cargo presentation for transportation with declared value, escort and guard services, loading and unloading of cargo and containers, weighing, change of address, cargo storage, delivery and cleaning of cars). The rates apply on all railways forming part of the uniform network of railways of the Russian Federation and are uniform for all shippers and consignees, owners of access railways. The amounts of fees are fixed at the maximum. The chiefs of the railways may fix lower fees according to the procedure specified in the Decision.
Registered in the Ministry of Justice of the Russian Federation on August 12, 2002. Reg. No. 3681.

Decision of the Federal Power Supply Commission of the Russian Federation No. 35/12 of June 19, 2002 on the Endorsement of the Rules of Application of the Rates of Payment for the Use of Cars and Containers of the Federal Railway Transport (Tariff Guide 2)

Defines the rates of payment for the time of stay of cars, containers of the federal railway transport with consignees, shippers, owners of access railways or the waiting time of their delivery or accepting for reasons depending on the consignees, shippers, owners of access railways.
To estimate the payment for the use of cars, containers, the basic rate and the paid time of use are determined. The basic rates are different depending on the groups of cars, containers, volumes of daily car turnovers, container turnovers, time of use intervals.
Registered in the Ministry of Justice of the Russian Federation on August 8, 2002. Reg. No. 3678.

Decision of the Federal Commission for Securities Market No. 19/ps of June 7, 2002 on the Endorsement of the List of Securities Permitted for Urgent Deals and Purchase-And-Sale Deals with Payments Cleared by the Broker Using Monetary Resources or Securities Provided by the Client to the Broker on Delayed Return Basis

Endorses the new list of securities extended to 15 items (the previous one containing 10 items). The list includes now preference stocks of the open-type joint-stock company Surgutneftegaz, open-type joint-stock company of intercity and international telecommunication Rostelecom and open-type joint-stock company Joint-Stock Commercial Savings Bank of Russia, as well as ordinary stocks of Norilsky Nikel company, open-type joint-stock company Siberian Oil Company.
According to the statement of the Ministry of Justice of the Russian Federation No. 07/6518-AK of July 9, 2002, the Decision does not need state registration.

Decision of the Government of the Russian Federation No. 605 of August 15, 2002 on the Non-Application of the Rate of Export Customs Duty for Silver

The rates of export customs duties for commodities exported from the territory of the Russian Federation outside the member-states of the Customs Union agreements do not apply for silver (Foreign Trade Commodity Nomenclature code 7106).
The Decision is entered into force one month after the day of its official publication.

Decision of the Government of the Russian Federation No. 602 of August 15, 2002 on the Amendments to Item 2 of the Decision of the Government of the Russian Federation No. 100 of February 12, 2001

According to introduced amendments, the decision recognizing as desperate for collection and writing off of the debt (except for the debt accrued because of the transfer of commodities across the customs border) is taken by the tax body at the place of location of the taxpayer. Earlier, if the amount of the debt amounted to less than Rbl 20 million, such decision was taken by the territorial body of the Ministry of Taxation of the Russian Federation, and if greater than this amount - by the Ministry of Taxation of the Russian Federation in coordination with the Ministry of Finance of the Russian Federation.

Decision of the Government of the Russian Federation No. 599 of August 14, 2002 on the Amendments to Some of the Acts of the Government of the Russian Federation

The amendments pertain to the procedure of registration and removal from records of citizens of the Russian Federation at the place of stay and place of residence. From now on, the place where the citizen lives permanently or chiefly under the lease contract may not be regarded as his place of residence.
The Decision reduces significantly the list of personal identification documents of a citizen necessary for registration. The list does not contain now identification card and military card (for servicemen), as well as all other identification documents issued by the bodies of the Ministry of Internal Affairs. Individual provisions are being brought in compliance with the Decision of the Constitutional Court of the Russian Federation No. 4-P of February 2, 1998. In particular, the Decision omits the provision stating that registration of citizens that must be registered for military service is carried out after they are registered for military service.

Decision of the Government of the Russian Federation No. 598 of August 14, 2002 on the Invalidation of Items 22, 23 and 24 of the Regulation on the Examination by the Federal Bodies of Executive Power in Charge of the Regulation of Natural Monopolies of the Cases of Violation of the Federal Law on Natural Monopolies

The mentioned items are abandoned because the proceedings in cases on violation of legislation on natural monopolies is specified in the new Code of Administrative Violations having entered into force from July 1, 2002.

Decision of the Government of the Russian Federation No. 615 of August 17, 2002 on the Endorsement of the Norms of Expenses at the Sale of State-Owned Land Plots or the Right to Conclude Lease Contracts for Such Land Plots to Citizens and Legal Entities

Lists the composition of expenses of a specialized organization deducted from the resources obtained from the sale of land plots or the right to conclude lease contracts for them. The amount of deducted expenses is calculated proceeding from the accrual expenses and may not be greater than 3%.

Decision of the Government of the Russian Federation No. 610 of August 16, 2002 on the Amendments to the Decision of the Government of the Russian Federation No. 1364 of December 9, 1999

Individual commodities (coated paper used for graphic purposes, as well as untreated germanium in powder and other) are exported from the territory of the Russian Federation outside the member-states of the Customs Union agreements duty free.
The Decision is entered into force one month after the day of its official publication.

Decision of the Government of the Russian Federation No. 600 of August 14, 2002 on the Endorsement of the Regulation on the Licensing of Non-State (Private) Guard Services and the Regulation on the Licensing of Non-State (Private) Detective Activities

Defines the procedure of licensing of non-state (private) guard activities carried out by legal entities founded especially to render guard services.
Also defines the procedure of licensing of non-state (private) detective activities carried out by legal entities and independent entrepreneurs when this type of activities is their main employment.
The licensing is vested in the Ministry of Internal Affairs of Russia. The license is granted for 5 years. The earlier issued licenses preserve their force until expiry.

Decision of the Government of the Russian Federation No. 595 of August 14, 2002 on the Endorsement of the Regulation on the Licensing of Activities in Operation of Fire-Hazardous Industrial Objects

Defines the procedure of licensing of activities in operation of fire-hazardous industrial objects carried out by legal entities and independent entrepreneurs. The fire-hazardous industrial objects are implied to be the objects using flammable liquids, solid substances and materials capable of burning while interacting with water, oxygen of the air and with each other. These are also objects where mining works are carried out to extract and process mineral resources capable of self-ignition, as well as works on other mining objects with technologies involving fire-hazardous works including those not pertaining to extraction of mineral resources.
The licensing is vested in the Ministry of Emergency Situations of Russia and the State Mining and Industrial Supervision Agency of Russia. The license is granted for 5 years. The earlier issued licenses for activities in the sphere of industrial safety of hazardous industrial objects preserve their force until expiry.

Order of the Ministry of the Railways of the Russian Federation No. 30 of July 26, 2002 on the Endorsement of the Rules of Passenger, Luggage and Cargo Transportation on the Federal Railway Transport

The Rules apply to the passenger, luggage and cargo transportation over the railways forming the uniform network of railways of the Russian Federation and open for public use. The Rules regulate the procedure of selling of travel documents (tickets), money return for unused tickets, procedure of passenger travel and luggage handling on the way, application of tariff rates and other. The Order provides the maximum permissible distances of carrying foodstuffs, plants and seedlings in the luggage cars and the time of their storage.
The Rules are entered into force from November 1, 2002.
Registered in the Ministry of Justice of the Russian Federation on August 8, 2002. Reg. No. 3675.

Letter of the Ministry of Taxation of the Russian Federation No. FS-6-10/1086@ of July 25, 2002

Explains the procedure of paying the penalties and fines for insurance contributions for obligatory pension insurance, including the procedure of entering of resources received in redemption of the debts of previous years in insurance contributions, penalties and fines to the Pension Fund of the Russian Federation accrued as of January 1, 2001 (before introduction of the uniform social tax).
Since administration of payments in insurance contributions for obligatory pension insurance in the Russian Federation is vested in the tax bodies according to the legislation, any directions of the Pension Fund of the Russian Federation on the procedure of payment of penalties and fines for the mentioned incomes that contradict the established procedure of their payment and entering in the budget of the Pension Fund of the Russian Federation are illegal.

Decision of the Government of the Russian Federation No. 613 of August 16, 2002 on the Endorsement of the Regulation on the Licensing of Maintenance of Medical Equipment (Except for the Cases When the Mentioned Activities Are Carried Out to Provide for Own Needs of the Legal Entity or Natural Person)

Defines the procedure of licensing of maintenance of medical equipment carried out by legal entities or independent entrepreneurs except for the cases when such activities are carried out to provide for own needs.
The licensing is vested in the Ministry of Industry and Science of the Russian Federation.
The license is granted for 5 years.

Decision of the Government of the Russian Federation No. 612 of August 16, 2002 on the Endorsement of the Regulation on the Licensing of Production of Medical Equipment

Defines the procedure of licensing of production of medical equipment carried out by legal entities and independent entrepreneurs. The licensing is vested in the Ministry of Industry and Science of the Russian Federation.
The license is granted for 5 years.

Decision of the Federal Commission for Securities Market No. 22/ps of July 3, 2002 on the Suspension of Issue, Redemption and Exchange of Investment Shares of the Shared Investment Funds

The managing company of the shared investment fund (hereinafter, SIF) may suspend simultaneously the issue, redemption and exchange of investment shares estimated cost of which cannot be determined because of the force majeure, as well as in cases of transfer of the rights and duties of the person in charge of the keeping of the register of owners of SIF investment shares to another person.
The managing company of the open-type SIF may suspend, for not more than three days, simultaneously the issue, redemption and exchange of investment shares estimated cost of which changed by more than 10% as compared to the previous date of its determination.
The managing company must notify of the adopted decision on the suspension of the issue, redemption and exchange of investment shares of the SIF specialized depositary the person in charge of the keeping of the register of owners of investment shares and agents in charge of the issue and redemption of investment shares.
Registered in the Ministry of Justice of the Russian Federation on August 14, 2002. Reg. No. 3688.

Decision of the Federal Commission for Securities Market No. 23/ps of July 3, 2002 on the Requirements to the Time Limits for Accepting Applications for the Purchase, Redemption and Exchange of Investment Shares of the Shared Investment Funds and Procedure of Paying Out Monetary Compensation at Redemption of Investment Shares of the Closed-Type Shared Investment Fund

Applications for the purchase, redemption and exchange of investment shares of the periodic-redemption SIF after its forming must be accepted within 2 weeks. The accepting of the mentioned applications may start no sooner than two months after expiry of the previous time of accepting of applications.
Applications for redemption of investment shares of the closed-type SIF must be accepted within two weeks from the date of publication of the report of registration of the amendments to the rules of trusteeship control of the closed-type SIF. Applications in the case of the early redemption of investment shares must be accepted within two weeks from the day of expiry of the time of accepting of applications for redemption of investment shares. Applications for the purchase of investment shares of the closed-type SIF because of their growing number must be accepted no later than within two weeks from the day following the day of the publication of the report of the registration of the amendments to the rules of trusteeship control of the closed-type SIF.
Within the time of accepting of applications, they must be accepted every day except for the days-off and non-working holidays.
Monetary compensation at the redemption of the investment shares is paid out by way of its transfer to the bank account indicated in the application for the redemption of these shares or in cash.
Registered in the Ministry of Justice of the Russian Federation on August 14, 2002. Reg. No. 3689.

Decision of the Government of the Russian Federation No. 624 of August 20, 2002 on the Amendments to the Customs Tariff of the Russian Federation

Refines the codes of some subheadings of the Foreign Trade Commodity Nomenclature, in particular, those of ground-nut, cotton-seed, soya-bean or sunflower oil, other oils containing less than 50% by weight of free fatty acids and other. Also endorses the rates of import customs duties for some commodities (oils, cocoa butter substitutes, mixtures or finished products used as mould release preparations).
The Decision is entered into force one month after the day of its official publication.

Decision of the Government of the Russian Federation No. 622 of August 20, 2002 on the Temporary Measures to Protect Russian Producers of Butter

Until December 31, 2002, introduces the special duty for the imported butter (code according to Foreign Trade Commodity Nomenclature of Russia 0405 10) in the amount of 5% of the rate of import customs duty, however, not less than EURO 0.07 per 1 kg. The duty does not apply to the butter originating in the Republic of Belarus, except for the cases when the butter is released for free circulation in the Republic of Belarus without collection of the special duty or without transfer of the paid amounts of this duty to the federal budget.
The Decision is entered into force one month after the day of its official publication.

Decision of the Government of the Russian Federation No. 621 of August 20, 2002 on the Partial Changes to the Decision of the Government of the Russian Federation No. 622 of August 23, 2001

From October 1 through December 31, 2002, the seasonal duty for the raw sugar (codes according to the Foreign Trade Commodity Nomenclature 1701 11 100 9, 1701 11 900 9, 1701 12 100 9, 1701 12 900 9, 1701 91 000 9) is fixed to amount to EURO 0.2 per 1 kg (earlier, in the amount of 50% of the customs cost, however, not less than EURO 0.15 per 1 kg).
The given duty is fixed for the raw sugar imported from the Republic of Belarus if it is released for free circulation in the Republic of Belarus without collection of this duty or without transfer of the paid amount of this duty to the federal budget.

Decision of the Government of the Russian Federation No. 620 of August 20, 2002 on the Endorsement of the Regulation on the Storage and Selling of Items Being Material Evidence the Storage of Which before the Termination of the Criminal Case or with the File is Difficult

The Regulation pertains to the items being material evidence which, because of the big size or other reasons, cannot be stored with the criminal file, including large consignments of commodities, perishable goods and products, as well as quickly depreciating property the storage of which is difficult or the costs of special conditions of storage are commensurable with their cost.
The storage is vested in: the authorized body having taken the decision on the exaction, Russian Federal Property Fund, legal entity or natural person capable of ensuring the necessary storage conditions for the material evidence. The grounds for the storage of the material evidence is the contract (agreement) concluded by the Fund with the authorized body. The selling is vested in the Russian Federal Property Fund. Resources obtained from the sale of the material evidence are transferred to the account used to register monetary resources received for temporary use by the authorized body. If the resources obtained from the sale of the material evidence are appropriated as incomes of the state, they are transferred to the federal budget (less the selling expenses of the Fund).

Decision of the Government of the Russian Federation No. 617 of August 19, 2002 on the Endorsement of the Rules of Development of the Forecasted Plan (Program) of Privatisation of the Federal Property

The mentioned rules define the structure, content, procedure and time limits of development of the forecasted plan (program) of privatisation of the federal property for the subsequent fiscal year.
Proposals for privatisation to the Ministry of State Property of the Russian Federation may be sent by the bodies of state power of the subjects of the Russian Federation, bodies of local government, federal state unitary enterprises, as well as federally-owned open-type joint-stock companies, other legal entities and citizens. The expediency (inexpediency) of privatisation of the object is substantiated for each proposal.
The draft program is build by the Ministry of State Property of the Russian Federation and consists of two sections. The first section of the program contains directions of the state policy and the tasks in the sphere of privatisation, forecast of receipts of the monetary resources obtained from the sale of the federal property in the federal budget, the second, divided by sectors of economy (spheres of management) lists of the federal state unitary enterprises, federally-owned stocks of open-type joint-stock companies, other property indicating the characteristics of the appropriate property and supposed time of privatisation. The program endorsed by the Government of the Russian Federation shall be published in Rossiyskaya Gazeta and other mass media within 15 days from the day of endorsement.

Order of the Ministry of Taxation of the Russian Federation No. BG-3-23/420 of August 7, 2002 on the Endorsement of the Instruction on the Filling Out of the Tax Declaration for the Incomes Obtained by a Russian Organization from Sources outside the Russian Federation

Endorses the Instruction for the filling out of the tax declaration for the incomes obtained by a Russian organization from sources outside the Russian Federation.
The form of the mentioned declaration has been endorsed by the Order of the Ministry of Taxation of the Russian Federation No. BG-3-23/23 of January 21, 2002.
Registered in the Ministry of Justice of the Russian Federation on August 19, 2002. Reg. No. 3703.

Order of the Ministry of Taxation of the Russian Federation No. BG-3-23/398 of July 26, 2002 on the Endorsement of the Form of the Tax Declaration for the Profit Tax of a Foreign Organization

Pursuant to the introduction of the changes to Chapter 25 of the Tax Code of the Russian Federation, the Federal Law No. 57-FZ of May 29, 2002 endorses the new form of the tax declaration for the profit tax of a foreign organization.
Registered in the Ministry of Justice of the Russian Federation on August 19, 2002. Reg. No. 3701.

Order of the State Customs Committee of the Russian Federation No. 802 of July 29, 2002 on the Adjustment of the Legal Normative Base

Invalidates the Order of the State Customs Committee of the Russian Federation No. 01-14/1184 of October 25, 1999 on the export of foreign currencies in cash by natural persons. The given measure has been adopted because the procedure of moving of foreign currencies across the border of the Russian Federation is regulated by the joint Regulation of the Central Bank of Russia and the State Customs Committee of the Russian Federation No. 105-P/N 01-100/1 of January 12, 2000 on the procedure of export by natural persons from the Russian Federation of foreign currencies in cash.
Registered in the Ministry of Justice of the Russian Federation on August 14, 2002. Reg. No. 3690.

Order of the State Customs Committee of the Russian Federation No. 744 of July 15, 2002 on the Creation of the Transit Control Station and the Experiment with Its Operation

Endorses the Instruction on the particulars of the customs control of commodities moved in transit shipments through the customs territory of the Russian Federation. The Instruction applies to commodities imported for transit shipment in the regions covered by the North-Western, Central and Southern Customs Departments and exported from the Russian Federation by highway transport in the region covered by the Southern Customs Department through the Russian-Georgian and the Russian-Azeri parts of the state border of the Russian Federation.
When drawing up the customs declaration, the employee of the customs body notifies the driver of the transport vehicle of the need to arrive to the transit control station located on the route. Having arrived to the mentioned station, the driver presents transit commodities and the transport vehicle to the customs body for checking. The check may not take more than 3 hours, except for the cases of customs inspection or revealed signs of a crime or violation of the customs rules.
Registered in the Ministry of Justice of the Russian Federation on August 14, 2002. Reg. No. 3692.

Letter of the State Customs Committee of the Russian Federation No. 01-06/33221 of August 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-State of the Customs Union

Explains the procedure of application from August 21, 2002 of the export customs duties for commodities exported from the Russian Federation to the customs territory of the member-states of the Customs Union on the basis of the agreement (contract) concluded between a resident of the Russian Federation and a non-resident of the member-state of the Customs Union.

Order of the Government of the Russian Federation No. 1147-r of August 20, 2002

Endorses the plan of legislative activities of the Government of the Russian Federation for the second six months of 2002. The plan consists of three sections.
The first section includes draft laws to be implemented in 2002. Average-term programs of socio-economic development of the Russian Federation (2002-2004). The given draft laws are aimed to regulate legal relations in the sphere of social policy, financial mediation, reformation of the tax and banking system, housing and communal services, as well as development of the land market and that of other objects of the immovable property. In particular, the draft law on the amendments to Part 2 of the Tax Code is scheduled for introduction in the State Duma in February 2003 pertaining to introduction of the tax on immovable property. Introduction of the draft law on the guarantees of return of bank deposits in the Russian Federation is scheduled for December 2002. The new wording of the law on currency regulation and currency control is suggested for consideration in the State Duma in the sphere of foreign economic activities.
The second section lists the draft laws that have been introduced to the State Duma by the Government of the Russian Federation already.
The third section lists the draft laws aimed to improve the legislation of the Russian Federation. Such draft laws include, in particular, the draft law on the amendments to the Tax Code inasmuch as it pertains to the improvement of the tax legislation in the sphere of extraction of hydrocarbon, as well as determination of the main elements of taxation for the use of water objects, objects of fauna and the forest fund.

Order of the Ministry of the Railways of the Russian Federation No. 26 of May 29, 2002 on the Endorsement of the Typical Schemes of Organization of the Transfer across the State Border of the Russian Federation of Natural Persons, Transport Vehicles, Cargo, Commodities and Animals in International Railway Traffic

The typical schemes define the sequence of the necessary types of state control: border guard, sanitary, customs, immigration, veterinary, phytosanitary for natural persons, transport vehicles, cargo, commodities and animals crossing the state border of the Russian Federation in international railway transportation.
Registered in the Ministry of Justice of the Russian Federation on August 14, 2002. Reg. No. 3691.

Official Explanation of the Central Bank of Russia No. 24-OR of August 16, 2002

Since at the transfer of the rights of the Russian Federation for the stocks (shares) in the registered capitals of credit organizations from the state unitary enterprises and federal state institutions to the Ministry of State Property of the Russian Federation the owner of the shares (stocks) of credit organizations is still the Russian Federation, preliminary consent of the Bank of Russia for the purchase of more than 20% of stocks (shares) of the credit organization, as well as the notification of the Bank of Russia of the purchase of more than 5% of stocks (shares) of credit organizations is not necessary.

Order of the Federal Commission for Securities Market No. 991/r of August 14, 2002 on the Endorsement of the Methodology Recommendations for Filling Out the Forms of Reports of Professional Participants of Securities Market

Methodology recommendations are intended for use in the filling out of the forms of reports of professional participants of securities market specified by the joint Decision of the Federal Commission for Securities Market of the Russian Federation No. 33 and the Ministry of Finance of the Russian Federation No. 109n of December 11, 2001 on the endorsement of the Regulation on the reports of professional participants of securities market. Submitted information includes also the one for the branches of the professional participant carrying out activities at securities market.
Reports include only information on emission securities (except for the forms containing direct indications to submit information on non-emission securities) of the residents of the Russian Federation (if otherwise is not indicated in the form itself).

Decision of the Presidium of the Supreme Court of the Russian Federation No. 132pv-02 of July 31, 2002

As an enforcement measure, abandons the Decision of the Supreme Court of the Russian Federation of April 1, 2002 and the ruling of the Board of Cassation of the Supreme Court of the Russian Federation of May 30, 2002 invalidating 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 sale of the part of the currency receipts inasmuch as it restricted opportunities of the authorized banks to sell the part of the receipts at the order of the exporter directly to other authorized banks.
Thus, obligatory sale of the part of the export currency receipts of legal entities is still carried out through authorized banks at interbank currency exchanges operating on the basis of the license of the Bank of Russia or directly to the Bank of Russia.

Decision of the Government of the Russian Federation No. 629 of August 24, 2002 on the Amendments to the Procedure and Terms of Return of Underpaid Monetary Compensations to Citizens Exposed to Radiation because of the Chernobyl Disaster Endorsed by the Decision of the Government of the Russian Federation No. 455 of June 8, 2001

The amendments are stipulated by the need to bring the Decision of the Government of the Russian Federation in compliance with the Decision of the Supreme Court of the Russian Federation having invalidated the norm restricting the amount of damage compensation to servicemen having become invalids because of the Chernobyl disaster to Rbl 700 per month. The mentioned servicemen, regardless of the received length-of-service pension, are entitled for damage compensation on equal basis with other citizens having suffered because of the Chernobyl disaster.
In this case, the monetary subsistence taken into account in the determination of the amount of monetary compensation includes the salary for the most recent position, salary for the grade as of the day of dismissal from service, as well as the percent supplement for the length of service for these salaries.

Decision of the Government of the Russian Federation No. 627 of August 24, 2002 on the Cost of Living in Per Capita Figures and for the Main Socio-Demographic Groups of Population for the Whole of the Russian Federation for the II Quarter of 2002

The cost of living for the whole of the Russian Federation for the II quarter of 2002 is fixed to amount to Rbl 1,804 in per capita figures, Rbl 1,960 for able-bodied population, Rbl 1,383 for pensioners, Rbl 1,795 for children. In the I quarter of 2002 the cost of living figures were as follows: Rbl 1,719 per capita, Rbl 1,865 for able-bodied population, Rbl 1,313 for pensioners, Rbl 1,722 for children.

Letter of the Ministry of Finance of the Russian Federation No. 28-05-01/1324/AP of August 2, 2002

Independent auditors and audit organizations, including those having received earlier the licenses for audit of credit organizations issued by the Bank of Russia, must report within 15 days the changes in the information entered in the register of licenses of the Ministry of Finance of the Russian Federation at the address of: 9 Ilyinka St, Moscow, 109097.

Decision of the State Standards Committee of the Russian Federation No. 41 of June 18, 2002 on the Amendments to the Rules of Certification of the Means of Mouse Hygiene

Amends the procedure of certification of the means of mouth hygiene, in particular, omits the requirement to issue the license for application of the compliance sign by the body of certification. This is because the Rules of issue of the licenses for the works in obligatory certification and application of compliance sign are abandoned, since the Federal Law of August 8, 2001 on the licensing of individual types of activities does not envisage the licensing of works in obligatory certification.
Registered in the Ministry of Justice of the Russian Federation on August 26, 2002. Reg. No. 3738.

Decision of the State Standards Committee of the Russian Federation No. 71 of August 12, 2002 on the Endorsement of Amendment 1 to the Rules of Certification of Products of Rubber and Asbestos

Amends the procedure of certification of rubber and asbestos, in particular, omits the requirement to issue the license for application of the compliance sign by the body of certification. This is because the Rules of issue of licenses for obligatory certification and application of the compliance sign are abandoned, since the Federal Law of August 8, 2001 on the licensing of individual types of activities does not envisage the licensing of works in obligatory certification.
Registered in the Ministry of Justice of the Russian Federation on August 26, 2002. Reg. No. 3737.

Decision of the State Standards Committee of the Russian Federation No. 67 of August 12, 2002 on the Endorsement of Amendment 4 to the Rules of Certification of Oil Products

Amends the procedure of certification of oil products, in particular, omits the requirement to issue the license for application of the compliance sign by the body of certification. This is because the Rules of issue of the licenses for the works in obligatory certification and application of the compliance sign are abandoned, since the Federal Law of August 8, 2001 on the licensing of individual types of activities does not envisage the licensing of works in obligatory certification.
Registered in the Ministry of Justice of the Russian Federation on August 26, 2002. Reg. No. 3736.

Decision of the State Standards Committee of the Russian Federation No. 69 of August 12, 2002 on the Endorsement of Amendment 2 to the Rules of Certification of Coal

Amends the procedure of certification of coal, in particular, omits the requirement to issue the license for application of the compliance sign by the body of certification. This is because the Rules of issue of the licenses for the works in obligatory certification and application of the compliance sign are abandoned, since the Federal Law of August 8, 2001 on the licensing of individual types of activities does not envisage the licensing of works in obligatory certification.
Registered in the Ministry of Justice of the Russian Federation on August 26, 2002. Reg. No. 3732.

Order of the State Customs Committee of the Russian Federation No. 771 of July 22, 2002 on the Amendment to the Regulation on the Duty Free Shop Customs Regime

Specifies the particulars of placing the commodities (except for the commodities subject to labelling with excise duty stamps and special federal stamps) placed under the duty free shop customs regime - if it is impossible to sale them further in the duty free shop - under the free circulation customs regime.
Declaring of such commodities is carried out by submitting the cargo customs declaration taking into account the particulars set forth for the commodities with the changed customs regime and indicating in Column 31 of the cargo customs declaration of the code of particulars of moving of commodities "50" in compliance with the classifier of the procedure of moving of commodities across the customs border of the Russian Federation.
The Order is entered into force 30 days after its official publication.
Registered in the Ministry of Justice of the Russian Federation on August 26, 2002. Reg. No. 3731.

Decision of the State Standards Committee of the Russian Federation No. 70 of August 12, 2002 on the Endorsement of Amendment 2 to the Rules of Certification of Kitchen Utensils

Amends the procedure of certification of kitchen utensils, in particular, omits the requirement to issue the license for application of the compliance sign by the body of certification. This is because the Rules of issue of the licenses for the works in obligatory certification and application of the compliance sign are abandoned, since the Federal Law of August 8, 2001 on the licensing of individual types of activities does not envisage the licensing of works in obligatory certification.
Registered in the Ministry of Justice of the Russian Federation on August 26, 2002. Reg. No. 3730.

Order of the Federal Commission for Securities Market No. 990/r of August 14, 2002 on the Endorsement of the Order of Works in Certification of Managers, Controllers and Specialists of Organizations Engaged in Professional Activities at Securities Market, Managers and Specialists of Organizations Engaged in the Management of Investment Funds, Shared Investment Funds and Non-State Pension Funds, As Well As the Managers and Specialists of Organizations Engaged in Activities of a Special Depositary of Investment Funds, Shared Investment Funds and Non-State Pension Funds

The order of works of the mentioned persons has been developed in compliance with the Regulation on the system of qualification requirements endorsed by the Decision of the Federal Commission for Securities Market of Russia No. 27/ps of July 5, 2002.
Specifies the procedure of working out of the schedule and organization of examinations, accepting of documents, carrying out of the qualification examination, processing of its results, as well as the appealing procedure. Besides, specifies the procedure of assigning the qualification and issue of qualification certificates, as well as disclosing and presenting of information contained in the Register of certified persons.
As to the managers and specialists of specialized depositaries of investment funds, shared investment funds and non-state pension funds, the order is entered into force from July 1, 2003.

Decree of the President of the Russian Federation No. 916 of August 27, 2002 on the Increase of Stipends of the President of the Russian Federation to Students and Postgraduates of Institutions of the Higher Professional Education

Beginning with September 1, 2002, the stipends of the President of the Russian Federation for students and postgraduates of institutions of higher professional education with outstanding achievements in studies and scientific research are fixed to amount to Rbl 800 per month for students and Rbl 1,500 per month for postgraduates.
The Decree is entered into force from the day of its official publication.

Decision of the Government of the Russian Federation No. 633 of August 27, 2002 on the Typical Rules of Trusteeship Control of the Open-Type Shared Investment Fund

The typical rules of trusteeship control of the open-type shared investment fund (hereinafter, SIF) define the terms of trusteeship control of this type of shared investment funds. They contain the list of information necessary for entry in the investment declaration of the fund, which include the goals of investment policies of the managing company, objects of investment activities, their composition and description, structure of the assets of the funds, as well as description of risks pertaining to investment activities.
The typical rules also define the rights and duties of the managing company operating the fund and the rights of owners of investment shares. They specify that the property forming the fund is the common property of the founders of trusteeship control - the owners of investment shares and is owned by them as common shared property. Division of the property forming the fund and separation of a share in kind are not permitted. The owners of investment shares of an open-type SIF bear the risk of losses pertaining to the change of the market cost of the property forming the fund.
The rules define the terms of termination of activities of the fund. In particular, if at the end of the time of the forming of the fund, the cost of the property appeared to be less than the one permitting to form the fund, the contract of trusteeship control of the fund with all owners of investment shares is terminated.

Order of the State Customs Committee of the Russian Federation No. 859 of August 8, 2002 on the Places of Delivery and Customs Registration of Commodities Imported by the Railway Transport to Moscow the Moscow Province

Lists railway stations being the places of location of the customs stations clearing commodities originating in China and imported by the railway transport, including the mixed cargo, to recipients in Moscow and the Moscow Province.
Provisions of the Order do not apply to commodities imported:
for diplomatic representations of foreign states;
by natural persons for other than commercial purposes;
in international postal dispatches;
by specialized transportation and forwarding organizations;
to carry out exhibitions and placed under the temporary import customs regime.
Registered in the Ministry of Justice of the Russian Federation on August 23, 2002. Reg. No. 3726.

Letter of the Ministry for Antimonopoly Policy of the Russian Federation of August 16, 2002 on the Changing of Tariff Rates for the Services of the Local Telephone Communication

Changes the tariff rates for the services of the local telephone communication for 35 subjects of natural monopolies in the sphere of communication. User payment for the telephone for the population in increased by Rbl 10 to Rbl 15 on the average and, as an exception for individual regions, by Rbl 20. The average increase of tariff rates for the services of the local telephone communication is 8% to 20% depending on the basic tariff level.
The rates for the international telephone traffic have not changed.

Decision of the Government of the Russian Federation No. 637 of August 28, 2002 on the Licensing of Activities in the Sphere of Operation of Electric and Heat Supply Networks, Transportation, Storage, Processing and Sale of Oil, Gas and Products of Their Processing

Endorses six Regulations on the licensing of activities in the sphere of operation of electric and heat supply networks, transportation, storage, processing and sale of oil, gas and products of their processing. The licensing of the listed types of activities is vested in the Ministry of Power Supplies of Russia. The licenses are issued for 5 years. The earlier issued licenses for activities in storage of oil and products of its processing, operation of service stations, as well as operation of electric and heat supply networks preserve their force until expiry.

Order of the Ministry of Internal Affairs of the Russian Federation No. 720 of August 1, 2002 on the Implementation of the Decision of the Government of the Russian Federation No. 472 of June 28, 2002

Pursuant to the changing of the traffic rules of the Russian Federation, changes the procedure of issue and replacement of the driver's licenses in the divisions of the Traffic Inspection of the Ministry of Internal Affairs of the Russian Federation. Endorses the specimen of the temporary permission to drive transport vehicles. The new specimen does not contain indication of the validity of the temporary permission within 30-days after withdrawal of the driver's license. According the new Code of Administrative Violations, the temporary permission preserves its force until the decision on the case of administrative violation is entered into force.
The Order abandons the Instruction on the proceedings in the bodies of the Ministry of Internal Affairs for the cases of administrative violations of traffic rules and other norms in the sphere of traffic safety.
Registered in the Ministry of Justice of the Russian Federation on August 27, 2002. Reg. No. 3745.

Decision of the State Standards Committee of the Russian Federation No. 68 of August 12, 2002 on the Endorsement of Amendment 1 to the Rules of Certification of Individual Types of Forestry Products

Changes the procedure of certification of individual types of forestry products, in particular, omits the requirements on the issue of the license for the application of the compliance sign by the body of certification. This is because the rules of issue of licenses for the works in obligatory certification and application of the compliance sign are abandoned, since the Federal Law of August 8, 2001 on the licensing of individual types of activities does not envisage the licensing of works in obligatory certification.
Registered in the Ministry of Justice of the Russian Federation on August 28, 2002. Reg. No. 3733.

Letter of the Ministry of Taxation of the Russian Federation No. NA-6-21/1153@ of August 1, 2002 on the Tax on Extraction of Mineral Resources

Explains that Articles 341 and 344 of the Tax Code of the Russian Federation (in the wording of the Federal Law No. 110-FZ of July 24, 2002) envisaging the payment of the tax on extraction of mineral resources no later than the 25th of the month following the expired calendar month tax period are entered into force from January 1, 2003.
Before the end of 2002, the old procedure of calculation and payment of the tax on extraction of mineral resources is preserved envisaging the transfer of the monthly advance payments no later than the last day of each month of the calendar quarter tax period.

Letter of the Ministry of Taxation of the Russian Federation No. NA-6-21/1065@ of July 23, 2002 on the Payment for the Pollution of the Natural Environment

The monetary resources paid by the taxpayers for the pollution of the natural environment, waste disposal, other types of adverse impacts before June 4, 2002 in compliance with the Decision of the Government of the Russian Federation No. 632 of August 28, 1992 will not be returned. This is because the mentioned Decision of the Government of the Russian Federation has been invalidated by the Ruling of the Board of Cassation of the Supreme Court of the Russian Federation, i.e. from June 4, 2002, and there are no reasons to return to taxpayers the earlier paid monetary resources.

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