Windfall tax for major companies to be introduced in Russia

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Daily Monitoring of the Legislation

Monitoring of the Federal Legislation dated 15.01.2003

Federal Law No. 20-FZ of January 10, 2003 on the State Automatic System of the Russian Federation "Elections"

The Law fixes the legal, organizational and software-and-technical measures providing for the authenticity of data processing by the state automatic system "Elections".
Regulates at the legislative-level relations emerging during the use and development of the state automatic system "Elections". Defines the legal regime of the complexes of the means of automatisation, information resources and procedure of access to them, procedure of system financing, specifies fundamentals ensuring its security.

Federal Law No. 18-FZ of January 10, 2003 "The Charter of the Railway Transport of the Russian Federation"

The Charter regulates relations emerging between carriers, passengers, consignors, consignees, owners of infrastructures of the railway transport of public and non-public use, other persons when using the services of the railway transport and specifies their rights, duties and responsibility.
The Charter defines the main terms of organization and carrying out of transportation of passengers, cargo, luggage, rendering services pertaining to the use of the infrastructure of the railway transport of public use and other services pertaining to transportation.
The Federal Law is entered into force four months after the day of its official publication.

Federal Law No. 17-FZ of January 10, 2003 on the Railway Transport in the Russian Federation

Specifies the legal, organizational and economic conditions of the work of the railway transport of public and non-public use, fundamentals of interaction of organisations of the railway transport and independent entrepreneurs carrying out works (rendering services) on the railway transport with the bodies of state power and organisations of other types of transport.
The Law does not apply to operation of the technological railway transport.
Amends the Law on the licensing of individual types of activities. The list of the licensed types of activities includes transportation of passengers, luggage, cargo by the railway transport, activities in the granting of the infrastructure of the railway transport of public use to carry out transportation, cargo transportation over public use tracks, except for the removing of the arriving cargo from exhibition tracks and its return to the mentioned tracks.
The Federal Law is entered into force four months after the day of its official publication.

Federal Law No. 16-FZ of January 10, 2003 on the Amendments to the Federal Law on Natural Monopolies

In view of the carried out demonopolisation of the market of railway transportation, specifies that the natural-monopoly sector subject to state regulation includes only services in providing the infrastructure of the public use railway transport rather than all of the railway transportation.
Introduces prohibition on the restraining of the economically justifiable switch-over of the natural monopoly spheres to competitive market.
The Federal Law is entered into force from the day of its official publication.

Order of the State Customs Committee of the Russian Federation No. 1366 of December 16, 2002 on the Invalidation of the Direction of the State Customs Committee of Russia No. 01-12/556 of June 21, 1994

Invalidates the Direction of the State Customs Committee of the Russian Federation of June 21, 1994 specifying some particulars of application of the customs regime of re-export.
Registered in the Ministry of Justice of the Russian Federation on January 9, 2003. Reg. No. 4102.

Order of the Ministry of Taxation of the Russian Federation No. BG-3-09/722 of December 19, 2002 on the Endorsement of the Forms of Documents and Procedure of Registration of the Payers of the Uniform Imputed Income Tax in the Tax Bodies at the Place of Entrepreneurial Activities

To implement Chapter 26.3 of the Tax Code of the Russian Federation, endorses:
- Form 9-YeNVD-1 "Application for Registration of the Organisation Paying the Uniform Imputed Income Tax in the Tax Body at the Place of Activities Subject to the Uniform Imputed Income Tax";
- Form 9-YeNVD-2 "Application for Registration of the Independent Entrepreneur Paying the Uniform Imputed Income Tax in the Tax Body at the Place of Activities Subject to the Uniform Imputed Income Tax";
- Form 9-YeNVD-3 "Notification of the Registration of the Organisation Paying the Uniform Impute Income Tax in the Tax Body at the Place of Activities Subject to the Uniform Imputed Income Tax";
- Form 9-YeNVD-4 "Notification of the Registration of the Independent Entrepreneur Paying the Uniform Imputed Income Tax in the Tax Body at the Place of Activities Subject to the Uniform Imputed Income Tax".
The organisation or independent entrepreneur not registered in the tax bodies of the subject of the Russian Federation where the uniform imputed income tax has been introduced submits application for registration no later than within 5 days from the beginning of the entrepreneurial activities subject to the mentioned tax.
Registered in the Ministry of Justice of the Russian Federation on January 8, 2003. Reg. No. 4097.

Order of the Ministry of Finance of the Russian Federation No. 129n of December 15, 2002 on the Prolongation for the Year 2003 of the Order of the Ministry of Finance of the Russian Federation No. 9n of February 2, 1999 on the Endorsement of the Rules of Drawing Up and Issue in 1999 of Permissions to Open Accounts of Organisations Financed from the Federal Budget to Register Resources Obtained from Entrepreneurial and Other Profitable Activities

The Order is prolonged for the year 2003 where it pertains to the drawing up and issue by the federal treasury bodies of the Ministry of Finance of the Russian Federation of permissions to open accounts in institutions of the Bank of Russia and credit organisations on the Balance Account 40503 "Accounts of Federally Owned Enterprises. Non-Commercial Organisations" to recipients of the resources of the federal budget located on the territories (city, region) without federal treasury bodies and on the Balance Account 40302 "Resources Available for Temporary Management of the Budget-Supported Organisations" to budget-supported institutions financed at the expense of the resources of the federal budget.
Registered in the Ministry of Justice of the Russian Federation on January 5, 2003. Reg. No. 4094.

Order of the Ministry of Justice of the Russian Federation No. 347 of December 20, 2002 on the Endorsement of the Instruction on the Organization of Forensic Investigations in Forensic Institutions of the System of the Ministry of Justice of the Russian Federation

Defines the terms and procedure of organization of forensic investigations in the state forensic institutions of the system of the Ministry of Justice of the Russian Federation. Forensic investigations are arranged for the courts, bodies of investigation and prosecutors according to the list of the types of investigations (profile) and the served territory specified for each institutions of the Ministry of Justice of the Russian Federation.
Registered in the Ministry of Justice of the Russian Federation on January 5, 2003. Reg. No. 4093.

Regulation of the Central Bank of Russia No. 207-P of December 20, 2002 on the Procedure of Submission by Credit Organisations to the Authorised Body of Information Envisaged in the Federal Law on the Countermeasures Against Legalisation (Laundering) of Incomes Obtained in a Criminal Way and Financing of Terrorism

Sets forth the new procedure of submission by credit organisations to the authorised body of information on operations with monetary resources or other property subject to obligatory control, as well as other operations with monetary resources or other property pertaining to the legalisation (laundering) of incomes obtained in a criminal way and financing of terrorism.
The new wording elaborates on the list of the types of operations reported to the authorised body.
The Regulation provides the guide of the codes of signs of unusual operations and deals.
The Regulation is entered into force 10 days after the day of its official publication in the Herald of the Bank of Russia.
Registered in the Ministry of Justice of the Russian Federation on January 4, 2003. Reg. No. 4092.

Direction of the Central Bank of Russia No. 1226-U of December 20, 2002 on the Invalidation of the Regulation of the Bank of Russia No. 161-P of November 28, 2001 on the Procedure of Submission by Credit Organisations to the Authorised Body of Information Envisaged in the Federal Law on the Countermeasures Against Legalisation (Laundering) of Incomes Obtained in a Criminal Way

The mentioned Regulation looses its power pursuant to the adoption of the Regulation of the Central Bank of Russia No. 207-P of December 20, 2002.
The Direction is entered into force 10 days after the day of its official publication in the Herald of the Bank of Russia.

Order of the Ministry of Finance of the Russian Federation No. 127/n of December 11, 2002 on the Prolongation of the Order of the Ministry of Finance of the Russian Federation No. 38n of May 25, 1999 on the Endorsement of the Directions on the Procedure of Application of the Budget Classification of the Russian Federation and Introduction of Amendments to It

Prolongs for the year 2003 the Order of the Ministry of Finance of the Russian Federation No. 38n of May 25, 1999 on the endorsement of the Directions on the procedure of application of the budget classification of the Russian Federation. The majority of appendices to the Directions endorsed by the mentioned Order (including "The Classification of Incomes of the Budgets of the Russian Federation") is provided in the new wording.
The Order is entered into force from January 1, 2003.

Letter of the Central Bank of Russia No. 181-T of December 27, 2002 "Recommendations on the Regulation and Registration in the Reports of Credit Organisations of Individual Types of Risk-Bearing Deals"

Explains particulars of registration of risk-bearing deals in the reports of credit organisations. Credit organisations are recommended to provide in their internal documents pertaining to the management and assessment of risks the procedure of assessment of the risks emerging in risk-bearing deals.

Letter of the Central Bank of Russia No. 180-T of December 27, 2002 on the Individual Issues of Application of the Legislation on the Notification of the Bank of Russia of the Election of the Members of the Board of Directors (Supervising Board) of Credit Organisations

When nominating candidates for the position of the member of the board of directors (supervising board), participants (stock-holders) of the credit organisation must be guided by the requirements and restrictions directly specified in the federal laws. Such requirement, in particular, is the prohibition to elect in the board of directors (supervising board) persons convicted for crimes in the economic sphere.
The notification of the credit organisation pertaining to the election of the members of the board of directors (supervising board) must contain information on the absence of reasons preventing from election of the mentioned persons in the board of directors (supervising board).

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