Windfall tax for major companies to be introduced in Russia

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Monitoring of the Federal Legislation dated 14.01.2003

Federal Law No. 15-FZ of January 10, 2003 on the Amendments to Some of the Legislative Acts of the Russian Federation Pursuant to the Adoption of the Federal Law on the Licensing of Individual Types of Activities

Amends 50 legislative acts of the Russian Federation regulating the procedure of licensing of particular types of activities.
The changes are aimed to exclude the norms regulating the procedures of licensing of particular types of activities not envisaged in the Law on the licensing of individual types of activities.
The Federal Law is entered into force from the day of its official publication.

Federal Law No. 14-FZ of January 10, 2003 on the Amendments to the Federal Law on Non-State Pension Funds

The amendments envisage an opportunity of participation of non-state pension funds as insurers in the system of obligatory pension insurance. The Law regulates the legal, economic and social relations emerging at creation, operation of non-state pension funds in non-state pension support and as insurer in obligatory pension support, liquidation of non-state pension funds, as well as sets forth the main principles of state regulation, enforcement and control over their activities.
The investing of the accumulated pensions is carried out by non-state pension funds exclusively through management companies by concluding trust management contracts with participation of a specialised depositary.
Persons enjoying obligatory pension insurance through non-state pension funds may switch over from one non-state pension fund to another, as well as return to the building and investing of the resources of the pension savings through the Pension Fund of the Russian Federation.
To carry out the activities in obligatory pension insurance, a non-state pension fund must have an appropriate license and meet the requirements additionally specified in the law.
Registration of accumulated pensions in a non-state pension fund is arranged on the individual pension account of the insured person. Identification of participants of the system of obligatory pension insurance is implemented using the insurance number assigned to the insured person in the system of the personified record keeping of the Pension Fund of the Russian Federation.
The Federal Law is entered into force from the day of its official publication.

Federal Law No. 13-FZ of January 10, 2003 on the Amendments to the Federal Law on Geodesy and Cartography

Refines the criteria of qualifying the results of geodesy and cartography activities as the federal property. The geodesy and cartography activities include topographic monitoring, providing geodesy, cartography, topographic and hydrographical materials and data on institution and changing of the borders of the subjects of the Russian Federation, borders of municipal formations.
In addition, envisages regulation of issues of introduction and application of the local system of coordinates.

Federal Law No. 12-FZ of January 10, 2003 on the Amendments to the Federal Law on Internal Troops of the Ministry of Internal Affairs of the Russian Federation

The new wording of Article 34 defines the operative and territorial formation as the common form of organization of internal troops, with the particular type of the operative and territorial formation (district, regional command, regional department or other type) being endorsed by the President of the Russian Federation. According to the earlier wording, the districts of internal troops were the only type of operative and territorial formation of internal troops.
Article 51 is amended to envisage the opportunity of repair of the combat, special and aviation equipment of internal troops on contractual basis in organisations repairing the mentioned equipment to the orders of internal troops.
The Federal Law is entered into force from the day of its official publication.

Federal Law No. 11-FZ of January 10, 2003 on the Amendments to the Law of the Russian Federation on Education and the Federal Law on the Higher and Post-Graduate Professional Education

The Law regulates the relations pertaining to the application of remote educational technologies.
The particulars of the subject matter and essence of the expert evaluation of educational institutions using remote educational technologies to implement educational programs partially or in full amount must be defined by the federal (central) state body in charge of the management of education. The branches of the educational institution implementing the educational program (educational programs) in full amount through remote educational technologies (with exception of several subjects) in these branches may undergo certification and state accreditation as a part of the educational institution.
The use of different methods of the educational process and educational technologies by educational institutions does not imply an increase in the financing normatives.
The Federal Law is entered into force from the day of its official publication.

Federal Law No. 10-FZ of January 10, 2003 on the Execution of the Budget of the Federal Fund of Obligatory Medical Insurance for the Year 2001

Endorses the report of execution of the budget of the Federal Fund of Obligatory Medical Insurance of the Russian Federation for the year 2001 with incomes amounting to Rbl 4,029.8 million and expenses, to Rbl 4, 005.2 million.
The Federal Law is entered into force from the day of its official publication.

Federal Law No. 9-FZ of January 10, 2003 on the Execution of the Budget of the Pension Fund of the Russian Federation for the Year 2001

Endorses the report of execution of the budget of the Pension Fund of the Russian Federation for the year 2001 with incomes amounting to Rbl 630,442.09 million and expenses, to Rbl 514,837.32 million.
The Federal Law is entered into force from the day of its official publication.

Federal Law No. 8-FZ of January 10, 2003 on the Amendments to the Law of the Russian Federation on the Employment of the Population in the Russian Federation and to Individual Legislative Acts of the Russian Federation Pertaining to the Financing of the Measures to Promote Population Employment

The amendments are stipulated by the changes in the system of financing of the measures pertaining to the implementation of the state policy in the sphere of population employment because of the abolishment of the State Fund of Population Employment of the Russian Federation and transfer of the appropriate expenses to the federal budget.
To improve material support to unemployed citizens (except for individual categories of citizens with amounts of allowances specified under Article 34), the minimum amount of the unemployment allowance is increased from 20% to 30% of the cost of living calculated in the subject of the Russian Federation.
The Law specifies an exhaustive list of reasons being justifiable for the dismissal at own will (moving to a new place of residence in another location; illness not permitting to continue working or living in the given locality; need to take care of the sick family members and other).
The Law specifies the procedure when the citizens dismissed because of the liquidation of the enterprise (staff cuts) and sent to get professional training by the bodies of employment service get stipends after the end of the period permitting to preserve the average earnings at the most recent place of work including the severance pay.
The Federal Law is entered into force one month after the day of its official publication.

Federal Law No. 7-FZ of January 10, 2003 on the Amendments to the Federal Law on the Procedure of Entry in the Russian Federation and Exit from the Russian Federation

Defines the types of visas, specifies the reasons and procedure of their issue and prolongation.
Refines the norms pertaining to additional reasons prohibiting the entry of foreign citizens or stateless persons. Envisages the placing of stamps of restriction of entry in the Russian Federation in the documents of deported foreign citizens and stateless persons.
Refines the legal grounds for the stay on the territory of the Russian Federation within the boundaries of the port city (residential settlement) without the Russian visa for 72 hours for passengers of cruise vessels arriving in the Russian Federation.
Also refines the procedure of exit opportunities for the underaged in cases when their parents, adoptive parents, trustees have declared their disagreement with such trip.
The Federal Law is entered into force three months after the day of its official publication.

Federal Law No. 6-FZ of January 10, 2003 on the Amendments to Article 2 of the Federal Law on the State Regulation of Tariff Rates for Electric and Thermal Power in the Russian Federation

To improve the stability of the budget system of the Russian Federation and enhance the responsibility of the budgets of all levels for the adopted budget obligations, the limiting levels of tariff rates for electric and thermal power supplied by power supply organisations to consumers, including the limiting levels of tariff rates for the population, are fixed once a year before the adoption by legislative (representative) bodies of the laws on appropriate budgets for the subsequent fiscal year.
The changing of the mentioned tariff rates during the fiscal year without simultaneous introduction by the Government of the Russian Federation (body of executive power of the subject of the Russian Federation) for consideration by the legislative (representative) body of the draft law on the amendments to the law on the budget for the current fiscal year is not permitted.
The Federal Law is entered into force from the day of its official publication.

Federal Law No. 5-FZ of January 10, 2003 on the Amendments to Article 73 of the Federal Law on the Central Bank of the Russian Federation (Bank of Russia)

The Bank of Russia may arrange an additional check of the credit organisation (its branch) in the same issues for the same reporting period on the basis of the decision of the Board of Directors of the Bank of Russia taken to a motivated request of a structural division of the Bank of Russia to assess the financial standing and quality of assets and liabilities of the credit organisation. Such check is carried out with participation of the representatives of the central office of the Bank of Russia.
The Law also envisages introduction of one more reason for the renewed check of the credit organisation - to the decision of the Board of Directors taken in the course of control over the activities of the territorial institution of the Bank of Russia having carried out the check.
Thus, the new wording of Article 73 provides an exhaustive list of cases permitting for the mentioned repeated checks.
The Federal Law is entered into force from the day of its official publication.

Federal Law No. 4-FZ of January 10, 2003 on the Amendments to Articles 12 and 13 of the Federal Law on the Bodies of the Federal Security Service in the Russian Federation

The amendments bring the Law in compliance with the new Code of Administrative Violations of the Russian Federation defining the authority of the bodies of the Federal Security Service of the Russian Federation to reveal, prevent and stop administrative violations.
The Federal Law is entered into force from the day of its official publication.

Federal Law No. 3-FZ of January 10, 2003 on the Ratification of the Shanghai Convention on the Combating of Terrorism, Separatism and Extremism

Ratifies the Convention singed in Shanghai on June 15, 2001.

Federal Law No. 2-FZ of January 10, 2003 on the Amendments to the Law of the Russian Federation on the Pension Support for the Persons Having Undergone Military Service, Service in the Bodies of the Ministry of Internal Affairs, State Fire Service, Institutions and Bodies of the Criminal Execution System and Their Families

Excludes Articles 59 and 60 pertaining to the payment of pensions to pensioners living in nursing homes, as well as during stationary treatment. This is stipulated by the entry into force from January 1, 2002 of the Laws on labour pensions in the Russian Federation and on the state pension support in the Russian Federation. The mentioned Laws do not contain any norms pertaining to any restrictions for the payment of the assigned amount of pensions.
The Federal Law is entered into force from the day of its official publication and applies to legal relations emerging from January 1, 2002.

Federal Law No. 1-FZ of January 10, 2003 on the Amendment to Article 1 of the Federal Law on the Safe Handling of Pesticides and Agricultural Chemicals

Provides the new wording for the notion of "agricultural chemicals" implying fertilisers, chemical reclamation agents, fodder additives for plant feeding, land fertility regulation and animal feeding. The given notion does not apply to peat used for other purposes.
The Federal Law is entered into force from the day of its official publication.

Order of the Ministry of Finance of the Russian Federation No. 114n of November 19, 2002 on the Endorsement of Accounting Regulation PBU 18/02 "Registration of Profit Tax Estimates"

Application of PBU 18/02 "Registration of Profit Tax Estimates" permits to reflect in accounting work and accounting reports the difference between the accounting profit (loss) tax recognised in accounting work and the taxable profit tax built in accounting work and reflected in the tax declaration for the profit tax. The Regulation envisages reflection in accounting work of not only the amount of the profit tax due to the federal budget, or the amount of excessively paid and/or collected tax due to the organisation, or the off-set amount of the tax in the reported period, but also reflection in accounting work of amounts capable of influencing the amount of the profit tax of subsequent reporting periods in compliance with the legislation of the Russian Federation.
Registered in the Ministry of Justice of the Russian Federation on December 31, 2002. Reg. No. 4090.

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